EPA v. CHEMSTREAM, INC.

Case summary

On March 22, 2021, EPA Region III entered into a Consent Agreement and Final Order with Chemstream, 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 unregistered and misbranded pesticide ChemChlor 160 (EPA Reg. No. 6785-4-92757). This enforcement action furthers FIFRA's purpose of promoting environmentally safe and effective pesticide use and prevents the potentially harmful use of pesticides. On September 5, 2018, Region III was made aware of the sale and distribution of ChemChlor 160 after a Pennsylvania Department of Agriculture ( PDA ) inspection of Respondent's Facility, which at the time was not registered with EPA. On January 15, 2019, PDA conducted a follow-up federal inspection on behalf of EPA, after which EPA was made aware of the sale and distribution of ChemChlor 160, which was misbranded. On January 28, 2021, EPA issued Respondent a Notice of Potential Violation and Opportunity to Confer letter. The Consent Agreement alleges that Chemstream, Inc. violated FIFRA and EPA?s Pesticide Program regulations by failing register and to properly label the pesticide ChemChlor 160. The negotiated penalty for the violations of FIFRA alleged in the Consent Agreement is One Hundred and Ten Thousand Dollars ($110,000). EPA notified the Pennsylvania Department of Agriculture of this action.

Defendants (1)

• CHEMSTREAM, INC.Named in complaintNamed in settlement

Facilities (1)

• CHEMSTREAM, INC.

  166 COMMERCE DRIVE, STOYSTOWN, PA, 15563

  Registry ID: 110064435534

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• CHEMSTREAM, INC.entered 2021-03-22

  Primary law: FIFRA

  Federal penalty: $110,000

Timeline (4 milestones)

• 2021-03-22Complaint Filed/Proposed Order
• 2021-03-22Final Order Issued
• 2021-03-23Enforcement Action Data Entered
• 2021-05-06Enforcement Action Closed