EPA v. Bagtec, Inc. DBA Rainbow Technology

Case summary

FIFRA NOW: 11/29/2024 Bagtec, Inc. DBA Rainbow Technology Notice of Warning for Non-filing of Pesticide Reports Docket No.: FIFRA-04-2024-3671 The U.S. Environmental Protection Agency (EPA) has obtained evidence indicating that Bagtec, Inc. DBA Rainbow Technology appears to have violated requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Pursuant to Section 7(c) of FIFRA, 7_U.S.C._?_136e(c), and regulations promulgated thereunder at 40 C.F.R. ? 167.85(d), a pesticide producer operating an establishment must submit an initial report no later than 30 days after the first registration of each establishment the producer operates. Thereafter, the producer must submit an annual report on or before March 1 of each year, even if the producer has produced no pesticidal product for that reporting year. Pursuant to Section 12(a)(2)(L) of FIFRA, 7_U.S.C._?_136j(a)(2)(L), it shall be unlawful for any person who is a producer to violate any of the provisions of Section 7 of FIFRA. The evidence obtained by the EPA indicates that Bagtec, Inc. DBA Rainbow Technology has failed to file, one or more annual Pesticide Reports for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-16) for one or more years and establishments. The annual reports identified as missing are as follows: In response to the apparent violation of Section 7(c) of FIFRA and 40 C.F.R. ? 167.85(d), the EPA is issuing this Notice of Warning (NOW) to Bagtec, Inc. DBA Rainbow Technology pursuant to FIFRA Section 9(c)(3), 7_U.S.C._?_136g(c)(3). The EPA has determined, at this time, that a NOW is the appropriate enforcement response for your company's apparent violation of FIFRA.

Defendants (1)

• Bagtec, Inc. DBA Rainbow TechnologyNamed in settlement

Facilities (1)

• BAGTEC, INC. DBA RAINBOW TECHNOLOGY

  P.O. BOX 1311, JEMISON, AL, 35085

  Registry ID: 110071883375

Statutes cited

• FIFRA 12A2L — Establishment Registration

Enforcement conclusions (1)

• Bagtec, Inc. DBA Rainbow Technologyentered 2024-11-29

  Primary law: FIFRA

Timeline (3 milestones)

• 2024-11-29Final Order Issued
• 2024-11-29Enforcement Action Closed
• 2024-12-10Enforcement Action Data Entered