EPA v. SYNGENTA SEEDS, INC.

Case summary

8/21/08 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,550, DUE WITHIN 30 DAYS. ON OR ABOUT MARCH 23, 2005, EPA ISSUED AN EXPERIMENTAL USE PERMIT (EUP) TO SYNGENTA SEEDS, INC., RESEARCH TRIANGLE PARK, NC, IN ACCORDANCE WITH FIFRA SEC 5. ON OR ABOUT MAR 24 AND 28, 2006, INSPECTORS WITH THE PUERTO RICO DEPT OF AGRICULTURE INSPECTED SYNGENTA SEEDS, INC., ROAD #3 Km 155.0, SALINAS, PUERTO RICO. DURING THE INSPECTION, IT WAS DOCUMENTED THAT SYNGENTA SEEDS DID NOT OBTAIN A STATE PERMIT OR LICENSE FROM THE COMMENWEALTH OF PUERTO RICO PRIOR TO THE SHIPMENT AND/OR USE OF THE mCRY3A CORN THAT WAS THE SUBJECT OF THE EUP. AS STATE IN THE EUP, A STATE PERMIT OR LICENSE MUST BE OBTAINED IF SUCH IS REQUIRED AND ISSUANCE OF THE FED EUP DOES NOT NEGATE THE NEED FOR PERMISSION FROM INDIVIDUAL STATES. RESPONDENT VIOLATED FIFRA SEC 12(a)(2)(H). ON OR ABOUT FEB 15 AND 16, 2006, AN INSPECTOR WITH THE HAWAII DEPT OF AGRICULTURE AND EPA CONDUCTED AN INSPECTION AT THE VECTOR TOBACCO RESEARCH IN KEKAHA, HAWAII, AND THE SYNGENTA SEEDS FACILITY IN KEKAHA, HI. THE TWO COMPANIES ARE ADJACENT TO EACH OTHER. DURING THE INSPECTION OF SYNGENTA SEEDS, IT WAS DOCUMENTED THAT THE PESTICIDE LIBERTY WAS APPLIED OR SPRAYED FROM A HAGIE SPRAYER OWNED BY SYNGENTA SEEDS ONTO A FIELD AT THE SYNGENTA FACILITY ON FEB 15, 2006. THE PESTICIDE LABEL LISTS A RESTRICTED ENTRY LABEL INTERVAL OF 12 HOURS AFTER APPLICATION. THE CENTRAL NOTIFICATION SITE AT SYNGENTA SEEDS DID NOT HAVE A POSTING REGARDING THE SPRAYING OF THE PESTICIDE LIBERTY, IN VIOLATION OF 40 CFR 170.222 AND FIFRA SEC 12(a)(2)(G). DURING THE INSPECTION, THE INSPECTOR DOCUMENTED THAT ALL PERSONAL PROTECTIVE EQUIPMENT WAS NOT STORED SEPARATELY FROM PERSONAL CLOTHING AND APART FROM PESTICIDE-CONTAMINATED AREAS, AS REQUIRED BY 40 CR 170.240(f)(5) AND IN VIOLATION OF FIFRA SEC 12(a)(2)(G).

Defendants (1)

• SYNGENTA SEEDS, INC.Named in complaintNamed in settlement

Facilities (1)

• SYNGENTA SEEDS, INC.

  3054 EAST CORNWALLIS RD., RESEARCH TRIANGLE PARK, NC, 277092257

  Registry ID: 110020052618

Statutes cited

• FIFRA 12A2G — Misuse

Enforcement conclusions (1)

• SYNGENTA SEEDS, INC.entered 2008-08-21

  Primary law: FIFRA

  Federal penalty: $17,550

Timeline (4 milestones)

• 2008-08-21Complaint Filed/Proposed Order
• 2008-08-21Final Order Issued
• 2008-08-28Enforcement Action Data Entered
• 2008-09-11Enforcement Action Closed