EPA v. M & P Pest Control, Inc.

Case summary

FIFRA and CAA for violations related to improper sales and storage of methyl bromide pesticides. Methyl bromide is regulated as a restricted pesticide (RUP) under FIFRA and as an ozone depleting substance under the CAA. Methyl bromide is also restricted under the Montreal Protocols. Methyl bromide is a fumigant that is used to control pests on goods transferred across national boundaries. The FIFRA violations include 1) failure to request a certification from the applicator stating that the methyl bromide would be used solely for quarantine and preshipment (QPS) applications; 2) failure to report to EPA, within 45 days after the end of each quarter, the quantity of methyl bromide delivered; 3) sale of an RUP for some or all purposes other than in accordance with Section 136a(d) of FIFRA; and 4) using a registered pesticide in a manner inconsistent with its labeling.

Defendants (1)

• M & P Pest Control, Inc.Named in complaintNamed in settlement

Facilities (1)

• M & P PEST CONTROL

  1332 JOSE T. PINERO AVENUE, SAN JUAN, PR, 00921

  Registry ID: 110063863519

Statutes cited

• CAA TITLE6 — Stratospheric Ozone Protection
• FIFRA 12A2G — Misuse

Enforcement conclusions (1)

• M & P Pest Control, Inc.entered 2021-08-24

  Primary law: FIFRA

  Federal penalty: $127,705

Timeline (4 milestones)

• 2020-03-03Complaint Filed/Proposed Order
• 2020-04-09Enforcement Action Data Entered
• 2021-08-24Enforcement Action Closed
• 2021-08-24Final Order Issued