EPA v. DOW AGROSCIENCES, LLC

Case summary

6/20/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,280, DUE WITHIN 30 DAYS. RESPONDENT IS DOW AGROSCIENCES, LLC, 9330 ZIONSVILLE ROAD, INDIANAPOLIS, INDIANA. ON OR ABOUT APRIL 19, 2004, EPA REGION 4 RECEIVED A NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES FORM PERTAINING TO THE IMPORTATION OF (55)-200 LITER DRUM OF PROLEX INSECTICIDE BY DOW AGROSCIENCES FROM DENMARK AND DESTINED FOR HELENA CHEMICAL CO., CORDELE, GA. ON MAY 6, 2004, AN IMPORT INSPECTION WAS CONDUCTED BY THE GEORGIA DEPARTMENT OF AGRICULTURE (GADA) AT HELENA CHEMICAL CO. AS AN AUTHORIZED REPRESENTATIVE OF EPA, GADA DOCUMENTED AND COLLECTED RECORDS FOR THE APRIL 2004 IMPORTATION OF PROLEX. ON OR ABOUT MAY 28, 2004, EPA REGION 4 RECEIVED A NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES FORM PERTAINING TO THE IMPORTATION OF (72)-200 LITER DRUMS OF PROLEX INSECTICIDE BY DOW AGROSCIENCES FROM DENMARK AND DESTINED FOR HELENA CHEMICAL CO., CORDELE, GA. ON JUNE 2, 2004, EPA REGION 4 CONDUCTED AN INSPECTION OAT WORLDWIDE FLIGHT SERVICE AND BDP INTERNATIONAL NEAR THE ATLANTA AIRPORT. AN EPA INSPECTOR DOCUMENTED THE SHIPMENT OF PROLEX AND COLLECTED RECORDS FOR THE MAY 2004 IMPORTATION OF PROLEX. IN BOTH INSPECTIONS, THE PRODUCT LABELS FOR PROLEX INSECTICIDE WERE MISBRANDED, TO INCLUDE BY MAY NOT BE LIMITED TO, LABELS MISSING THE EPA REGISTRATION NUMBER, DIRECTIONS FOR USE HEADING, AND RESTRICTED USE PESTICIDE HEADING. EPA FORMALL REGISTERED GAMMA-CYHALOTHRIN TECHNICAL, EPA REG. NO. 74921-1 (98.8%) FOR MANUFACTURING USE ON MARCH 31, 2004 AND REGISTERED PROLEX INSECTICIDE, EPA REG. NO. 74921-2 (14.4%), FOR END USE ON APRIL 20, 2004. PROLEX INSECTICIDE IS A PESTICIDE AS DEFINED IN SECTION 2(u) OF FIFRA, WHICH INCLUDES ANY SUBSTANCE OR MIXTURE OF SUBSTANCED INTENDED FOR PREVENTING, DESTROYING, REPELLING, OR MITIGATING ANY PEST. DOW AGROSCIENCES IMPORTED, AND THEREBY DISTRIBUTED MISBRANDED PESTICIDES INTO THE U.S. WITHOUT THE APPROPRIATE REGISTERED LABELS

Defendants (1)

• DOW AGROSCIENCES, LLCNamed in complaintNamed in settlement

Facilities (1)

• HELENA CHEMICAL COMPANY

  434 FENN RD., CORDELE, GA, 31015

  Registry ID: 110000359790

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• DOW AGROSCIENCES, LLCentered 2005-06-29

  Primary law: FIFRA

  Federal penalty: $7,280

Timeline (4 milestones)

• 2005-06-29Final Order Issued
• 2005-06-29Complaint Filed/Proposed Order
• 2005-07-08Enforcement Action Data Entered
• 2005-08-17Enforcement Action Closed