EPA v. BOLGER & OHEARN INC

Case summary

After pre-filing negotiations, on May 17, 2017, Region 1 approved a CAFO intended to initiate and resolve a case against Bolger & O�Hearn, Inc. (Bolger) of Fall River, Massachusetts. This case involves violations of FIFRA, including distribution/sale of misbranded pesticides, failing to submit import reports called Notices of Arrival (NOAs), producing pesticides in an unregistered establishment, and failing to submit an annual production report. The violations occurred from May 2012 to March 2016 and stem from Bolger�s handling of certain nanosilver antimicrobial additives made by the Swiss-based specialty chemical company, HeiQ. Under the CAFO, Bolger agreed to certify to current FIFRA compliance and pay a $59,545 penalty. Preventing distribution of misbranded pesticides helps to ensure that end users and members of the public have accurate, up-to-date information about pesticides in the marketplace and the establishments where they are produced. Through the NOA process, EPA obtains vital data before a pesticide arrives in the country that helps us assess human health and environment risks. Registering pesticide production establishments and requiring them to report annual production/sales helps us determine where and how pesticides are being produced, sold, and distributed and, in turn, to ensure that they are produced, imported, distributed, and used in a way that poses no unreasonable risks to human health or the environment

Defendants (1)

• Bolger & O'Hearn, Inc.Named in complaintNamed in settlement

Facilities (1)

• BOLGER & OHEARN

  47 SLADE ST, FALL RIVER, MA, 027240000

  Registry ID: 110024347740

Statutes cited

• FIFRA 12A2L — Establishment Registration
• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• BOLGER & OHEARN INCentered 2017-05-23

  Primary law: FIFRA

  Federal penalty: $59,545

Timeline (3 milestones)

• 2017-05-23Complaint Filed/Proposed Order
• 2017-05-23Final Order Issued
• 2017-05-31Enforcement Action Data Entered