EPA v. SYNGENTA CROP PROTECTION, INC.

Case summary

8/21/2008 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $196,300, DUE WITHIN 30 DAYS. ON OR ABOUT SEPT 22, 2006, EPA SENT RESPONDENT A LETTER REQUESTING INFO REGARDING THE AIRING OF TV ADVERTISEMENTS FOR LUMAX SELECTIVE HERBICIDE WHICH DID NOT INCLUDE THE CLASSIFICATION OF THE PESTICIDE AS A RESTRICTED USE PESTICIDE. RESPONDENT PROVIDED INFO THAT ON OR ABOUT FEB 27, 2006, THROUGH MARCH 26, 2006, TV ADVERTISEMENTS WHICH FAILED TO INCLUDE THE CLASSIFICATION OF THE LUMAX SELECTIVE HERBICIDE AS A RESTRICTED USE PESTICIDE WERE AIRED A TOTAL OF 365 TIMES IN THE STATES OF ILLINOIS, INDIANA, KANSAS, MINNESOTA, MISSOURI, NEBRASKA, NORTH DAKOTA, OHIO, SOUTH DAKOTA, AND WISCONSIN. RESPONDENT VIOLATED FIFRA SECTION 12(a)(2)(E) ON AT LEAST 354 SEPARATE OCCASIONS. ON OR ABOUT JULY 12, 2006, AN INSPECTOR WITH THE ALABAMA DEPT OF AGRICULTURE AND EPA CONDUCTED AN INSPECTION AT THE SYNGENTA CROP PROTECTION FACILTY LOCATED AT 13500 U.S. HWY 43 NORTH, BUCKS, AL 36512. DURING THE INSPECTION, THE PRODUCT MESOTRIONE WET PASTE WAS IDENTIFIED AS BEING PRODUCED AND DISTRIBUTED BY RESPONDENT. INSPECTOR DOCUMENTED 5 SHIPMENTS OF MESOTRIONE WET PASTE. ANALYSIS OF MESOTRIONE WET PASTE CONFIRMED THE PRESENCE OF A CHEMICAL IMPURITY OF TOXICOLOGICAL SIGNIFICANCE WHICH WAS NOT INCLUDED IN THE STATEMENT SUBMITTED IN CONNECTION WITH THE PRODUCT'S REGISTRATION; IN VIOLATION OF FIFRA SECTION 12(a)(1)(C).

Defendants (1)

• SYNGENTA CROP PROTECTION, INC.Named in complaintNamed in settlement

Facilities (7)

• SYNGENTA CROP PROTECTION, INC.

  410 SWING ROAD, GREENSBORO, NC, 27409

  Registry ID: 110022301338

• SYNGENTA CROP PROTECTION, INC.

  410 SWING ROAD, GREENSBORO, NC, 27409

  Registry ID: 110022301338

• SYNGENTA CROP PROTECTION INCORPORATED

  13500 HIGHWAY 43 NORTH, BUCKS, AL, 365120032

  Registry ID: 110010319994

• SYNGENTA CROP PROTECTION INCORPORATED

  13500 HIGHWAY 43 NORTH, BUCKS, AL, 365120032

  Registry ID: 110010319994

• SYNGENTA CROP PROTECTION INCORPORATED

  13500 HIGHWAY 43 NORTH, BUCKS, AL, 365120032

  Registry ID: 110010319994

• SYNGENTA CROP PROTECTION, INC.

  410 SWING ROAD, GREENSBORO, NC, 27409

  Registry ID: 110022301338

• SYNGENTA CROP PROTECTION, INC.

  410 SWING ROAD, GREENSBORO, NC, 27409

  Registry ID: 110022301338

Statutes cited

• FIFRA 12A1C — Composition Difference
• FIFRA 12A2E — Advertise without Classification

Enforcement conclusions (1)

• SYNGENTA CROP PROTECTION, INC.entered 2008-08-21

  Primary law: FIFRA

  Federal penalty: $196,300

Timeline (4 milestones)

• 2008-08-21Final Order Issued
• 2008-08-21Complaint Filed/Proposed Order
• 2008-08-27Enforcement Action Data Entered
• 2008-09-10Enforcement Action Closed