EPA v. R. LEE PAYNE & SONS, INC.

Case summary

On August 22, 2024, EPA Region 3 entered into a Consent Agreement and Final Order with R. LEE PAYNE & SON, INC. ( R. Lee Payne or Respondent ) alleging violations of FIFRA and its implementing regulations. On June 25, 2021, acting as an authorized FIFRA inspector for the EPA, the Virginia Department of Agriculture and Consumer Services ( VDACS ) conducted an announced, routine, federal FIFRA producer establishment inspection ( PEI ) at R Lee Payne & Sons manufacturing facility (EPA Est. No. 68776-VA-001), located at 571-A James Madison Highway, Culpeper, VA, 22701 (the Facility ). On July 14, 2022, VDACS conducted a follow-up, unannounced federal FIFRA for cause PEI at the Facility in connection with the suspected sale/distribution of a misbranded pesticide. Based upon the information collected during the June 25, 2021 and July 14, 2022 PEI, EPA determined that Respondent made 768 sales/distributions of the EPA registered pesticide Liquid Clear Shock (EPA Reg. No. 550-198-68776) during the period from July 13, 2021 to March 31, 2022, with misbranded labels, in violation of Section 12(a)(1)(E) of FIFRA, 7 U.S.C. 136j(a)(1)(E), in that the product labels were missing a complete Directions for Use and the net weight contents. The Consent Agreement includes a $65,000 penalty. The facility is located in a potential EJ area of concern. This enforcement action furthers FIFRA's purpose of promoting environmentally safe and effective pesticide use and prevents the potentially harmful use of pesticides.

Defendants (1)

• R. LEE PAYNE & SONS, INC.Named in complaintNamed in settlement

Facilities (1)

• R. LEE PAYNE & SONS, INC.

  571 JAMES MADISON HWY, CULPEPER, VA, 22701

  Registry ID: 110038234078

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• R. LEE PAYNE & SONS, INC.entered 2024-08-22

  Primary law: FIFRA

  Federal penalty: $65,000

Timeline (3 milestones)

• 2024-08-22Final Order Issued
• 2024-08-22Complaint Filed/Proposed Order
• 2024-09-11Enforcement Action Data Entered