EPA v. BASF Sparks LLC

Case summary

10/24/2023: FIFRA NOTICE OF WARNING The U.S. Environmental Protection Agency has obtained evidence indicating that BASF Sparks LLC (BASF Sparks) appears to be, or has been, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). On April 20, 2021, an authorized representative of the EPA conducted an inspection at BASF Sparks (EPA Est. No. 51036-GA-2) located at 3524 US 41 South, Tifton, Georgia 31794 to determine compliance with FIFRA. During the inspection, it was found that BASF Sparks relabels one BASF product, Hydramethylnon Technical (EPA Reg. No. 241-270), which is exported to South Korea. Upon review of the product label, it appeared the product label did not match the EPA-approved Master label. Further, the product appears to be a registered pesticide that does not meet the requirements to be an unregistered pesticide for export. Specifically, the EPA found no record of the company submitting a foreign purchaser acknowledgement statement (FPAS) prior to the exportation of the product and the label does not comply with FIFRA Section 17(a) and related regulations outlined at 40 C.F.R. ? 168.70, 168.75, and 168.85. Registered pesticides that are exported must bear labeling that is approved by the EPA as part of its Section 3 registration. Pursuant to Section 12(a)(1)(E) of FIFRA, 7 U.S.C. ? 136j(a)(1)(E), it is unlawful for any person to distribute or sell to any person any pesticide that is misbranded. The term ?to distribute or sell? is defined in Section 2(gg) of FIFRA, 7 U.S.C. ? 136(gg), to mean to distribute, sell, offer for sale, hold for distribution, hold for sale, hold for shipment, ship, deliver for shipment, release for shipment, or receive and (having so received) deliver or offer to deliver. Pursuant to Section 2(q)(1)(F) of FIFRA, 7 U.S.C. ? 136(q)(1)(F), a pesticide is misbranded if the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and if complied with, together with any requirements imposed under Section 3(d) of the Act, are adequate to protect health and the environment. Pursuant to Section 2(q)(1)(A) of FIFRA, 7 U.S.C. ? 136(q)(1)(A), a pesticide is ?misbranded? if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular.

Defendants (1)

• BASF Sparks LLCNamed in settlement

Facilities (1)

• BASF SPARKS LLC TIFTON DIST CTR

  3524C HWY 41 S, TIFTON, GA, 31794

  Registry ID: 110038296563

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• BASF Sparks LLCentered 2023-10-24

  Primary law: FIFRA

Timeline (3 milestones)

• 2023-10-24Final Order Issued
• 2023-10-24Enforcement Action Closed
• 2024-01-10Enforcement Action Data Entered