EPA v. FRESHPET, INC.

Case summary

On January 10, 2017, EPA filed a consent agreement and final order ( CAFO ) against Freshpet, Inc., the owner and operator of a fresh pet food manufacturing facility located at 176 North Commerce Way, Bethlehem, PA 18017, to pay a penalty of $14,397 to resolve alleged violations of EPCRA 311 and 312. EPA alleges that Freshpet failed to timely submit to the State Emergency Response Commission (SERC) a Material Safety Data Sheet (or Safety Data Sheet) for one extremely hazardous chemical, anhydrous ammonia, no later than three months after the chemical was present at the facility in an amount equal to or greater than its minimum threshold level for reporting. EPA additionally alleges that Freshpet failed to submit to the SERC a chemical inventory form for the facility for calendar years 2012 and 2013, identifying anhydrous ammonia as present at the facility in a quantity equal to or greater than the minimum threshold level.

Defendants (1)

• FRESHPET, INC.Named in complaintNamed in settlement

Facilities (1)

• FRESHPET, INC.

  176 NORTH COMMERCE WAY, BETHLEHEM, PA, 18017

  Registry ID: 110064569113

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 311 — Material Safety Data Sheets (MSDS)

Enforcement conclusions (1)

• FRESHPET, INC.entered 2017-01-10

  Primary law: EPCRA

  Federal penalty: $14,397

Timeline (4 milestones)

• 2017-01-10Final Order Issued
• 2017-01-10Complaint Filed/Proposed Order
• 2017-01-11Enforcement Action Data Entered
• 2017-01-12Enforcement Action Closed