EPA v. GILMER INDUSTRIES, INC.

Case summary

On January 6, 2021, EPA Region III entered into a Consent Agreement and Final Order with Gilmer Industries, Inc. alleging violations of FIFRA and implementing Pesticide Program regulations promulgated at 40 C.F.R. Parts 150 -189, Subchapter E, in connection with the distribution and/or sale of the misbranded pesticide Gil-O-Fact II (EPA Reg. No. 4959-15-35156). This enforcement action furthers FIFRA's purpose of promoting environmentally safe and effective pesticide use and prevents the potentially harmful use of pesticides. On March 20, 2018, Region III was made aware of the alleged violations during an inspection of Respondent's Facility and on November 20, 2019, EPA issued Respondent a Notice of Noncompliance and Request to Show Cause letter. The Consent Agreement alleges that Gilmer Industries, Inc. violated FIFRA and EPA's Pesticide Program regulations by failing to properly label the pesticide Gil-O-Fact II. The negotiated penalty for the violations of FIFRA alleged in the Consent Agreement is Forty-Eight Thousand Four Hundred and Forty-Four Dollars ($48,444). EPA notified the Virginia Department of Agriculture and Consumer Services

Defendants (1)

• GILMER INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• GILMER INDUSTRIES, INC.

  550 STONE SPRING RD, HARRISONBURG, VA, 22801

  Registry ID: 110070248264

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• GILMER INDUSTRIES, INC.entered 2021-01-06

  Primary law: FIFRA

  Federal penalty: $48,444

Timeline (4 milestones)

• 2021-01-06Complaint Filed/Proposed Order
• 2021-01-06Final Order Issued
• 2021-01-08Enforcement Action Data Entered
• 2021-01-29Enforcement Action Closed