EPA v. BAYER CROPSCIENCE LP

Case summary

Notice of Recommendation to Refuse Admission: 9/3/2024 Consignee: Bayer Cropscience LP Entry Number: 231-99652798 Product(s): Tembotrione FIFRA ? 12(a)(1)(A): To sell or distribute to any person any pesticide that is not registered under Section 3 or whose registration has been cancelled or suspended, except to the extent that distribution or sale otherwise has been authorized by the Administrator under FIFRA. The pesticide product is misbranded pursuant to 40 C.F.R. 156.10(a)(5) in that the label contains a false or misleading claim. Specifically, the label contains the statement ?It is a violation of federal law to use this product in a manner inconsistent with its labeling.? Generally, it is not a violation of FIFRA section 12 to use an unregistered pesticide in a manner inconsistent with its labeling, making the statement false.

Defendants (1)

• BAYER CROPSCIENCE LPNamed in settlement

Facilities (1)

• BAYER CROPSCIENCE LP

  243 THREE SPRINGS DR, WEIRTON, WV, 26062

  Registry ID: 110071819512

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• BAYER CROPSCIENCE LPentered 2024-09-03

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-09-03Enforcement Action Closed
• 2024-09-03Final Order Issued
• 2024-09-05Enforcement Action Data Entered