EPA v. DOW AGROSCIENCES LLC

Case summary

On February 25, 2015, Region 1 filed a CAFO resolving a case against Dow AgroSciences LLC of Indianapolis, Indiana, brought under FIFRA. The CAFO is the result of pre-filing settlement negotiations regarding civil penalty claims against Dow, a primary registrant of pesticides under Section 3 of FIFRA, for several violations of FIFRA Section 12(a)(1)(E) relating to misbranded pesticides. The violations alleged in the CAFO arise out of the actions of a Dow ?supplemental distributor? and agent ―Harrell?s, LLC (Lakeland, FL) which, itself, was the subject of a much larger FIFRA settlement in December 2013― by operation of the FIFRA rules at 40 C.F.R. ? 152.132. Under those regulations, both primary registrants and supplemental distributors may be held accountable for the violative acts of the distributor. This settlement requires Dow to pay a penalty of $182,640 within 30 days, complete a $231,000 SEP by developing and implementing a widely-available, web-based FIFRA training which focuses on supplemental distribution, and certify to current compliance with FIFRA and its underlying regulations. FIFRA prohibits the distribution or sale of misbranded pesticides so that end users and members of the public have accurate, up-to-date, and compliant information ?including ingredients, directions for use, hazards, safety precautions, and the establishments where production occurs?about any pesticide in the marketplace. Distributor products are considered an extension of the primary FIFRA-registered pesticide and, thus, must timely reflect labeling, formulation, and registration changes regarding that primary product.

Defendants (1)

• DOW AGROSCIENCES LLCNamed in complaintNamed in settlement

Facilities (1)

• HARRELLS LLC

  34 EXECUTIVE DRIVE, DANBURY, CT, 06810-4190

  Registry ID: 110046310327

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• DOW AGROSCIENCES LLCentered 2015-02-25

  Primary law: FIFRA

  Federal penalty: $182,640 · SEP: $231,000

Timeline (3 milestones)

• 2015-02-25Final Order Issued
• 2015-02-25Complaint Filed/Proposed Order
• 2015-03-17Enforcement Action Data Entered