EPA v. BASF CORPORATION

Case summary

1/25/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,575. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON AUGUST 12, 2011, RESPONDENT VOLUNTARILY SELF-DISCLOSED TO EPA IN WRITING THAT IT HAD DISCOVERD THAT IT HAD POTENTIALLY VIOLATED SECTION 12(a)(1)(A) OF FIFRA. BY SELLING AND DISTRIBUTING AN UNREGISTERED PESTICIDE. THE SELF DISCLOSED VIOLATIONS CONSIST OF A TOTAL OF THREE SHIPMENTS. THEY WERE ALL SHIPPED TO THE SAME CUSTOMER BUT ON DIFFERENT DATES. THE GLUTARADEHYDE 50% SOLUTION LOW METHANOL SAMPLE WAS SHIPPED ON MAY 10, 2011. THE PROTECTOL GA 50 WAS SHIPPED ON JULY 14, 2011 VIA TANK TRUCK. THE MYACIDE GA 50 SAMPLE WAS SHIPPED ON JULY 26, 2011. BY SELLING AND SHIPPING THE UNREGISTERED GLUTARADEHYDE 50% SOLUTION LOW METHANOL AND PROTECTOL GA 50 PRODUCTS, RESPONDENT VIOLATED SECTION 12(a)(1)(A) OF FIFRA, ON AT LEAST TWO OCCASIONS. BY SHIPPING THE MISBRANDED PRODUCTS GLUTARADEHYDE 50% SOLUTION LOW METHANOL, PROTECTOL GA 50, AND MYACIDE GA 50, RESPONDENT VIOLATED SECTION 12(a)(1)(E) OF FIFRA.

Defendants (1)

• BASF CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• BASF CORP

  100 CAMPUS DR, FLORHAM PARK, NJ, 07932

  Registry ID: 110029946860

Statutes cited

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

Enforcement conclusions (1)

• BASF CORPORATIONentered 2013-01-24

  Primary law: FIFRA

  Federal penalty: $6,575

Timeline (4 milestones)

• 2013-01-24Final Order Issued
• 2013-01-24Complaint Filed/Proposed Order
• 2013-01-28Enforcement Action Data Entered
• 2013-03-05Enforcement Action Closed