EPA v. Buckman Laboratories Inc.

Case summary

FIFRA NOW: 11/10/2025 Buckman Laboratories Inc. Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act Case File No. FIFRA-04-2026-3510 The U.S. Environmental Protection Agency regulates the registration, distribution, sale, and use of pesticide products pursuant to the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA or the Act), as amended, 7 U.S.C. ?? 136 et seq. The EPA is issuing this Notice of Warning (NOW) to Buckman Laboratories Inc. (hereinafter Buckman), pursuant to Section 14(a)(4) of FIFRA, 7 U.S.C. ? 136l(a)(4), which provides the EPA with the authority to issue a NOW. As explained below, the EPA finds that Buckman violated FIFRA Section 12(a)(1)(A) by distributing or selling unregistered pesticides and FIFRA Section 12(a)(1)(E) by distributing or selling misbranded pesticides. Pursuant to Section 2(q)(2)(C)(iii) of FIFRA, 7 U.S.C. ? 136(q)(2)(C)(iii), a pesticide is misbranded if there is not affixed to its container, a label that bears the net weight or measure of the content. Based on the incorrect unit of measure on labeling affixed to the imported products, the products TCMTB 60 (EPA Reg. No. 1448-407) and DCMTB-DM (EPA Reg. No. 1448-405) which were imported and therefore distributed or sold by Buckman, were misbranded. Pursuant to Section 12(a)(1)(E) of FIFRA, 7 U.S.C. ? 136j(a)(1)(E) it shall be unlawful for any person in any State to distribute or sell to any person any pesticide which is adulterated or misbranded. After reviewing the product labels and photographs that were uploaded to DIS, the EPA determined that the labeling on the imported unregistered pesticides product contained a net weight in kilograms. Based on the incorrect unit of measure on labeling affixed to the imported products, the unregistered products TCMTB 60 (CA) and TCMTB DMEU, do not meet the conditions of 40 C.F.R. ? 156.10, and therefore do not meet the requirements of 40 C.F.R. ? 152.30(d) for an unregistered pesticide, or a pesticide whose registration has been cancelled or suspended. Pursuant to 40 C.F.R. ? 152.15, no person may distribute or sell any pesticide product that is not registered under the Act, except as provided in 40 C.F.R. ?? 152.20, 152.25, and 152.30. Pursuant to Section 12(a)(1)(A) of FIFRA, 7 U.S.C. ? 136j(a)(1)(A), it is unlawful for any person to distribute or sell to any person any pesticide that is not registered under Section 3 of FIFRA, 7 U.S.C. ? 136a. Pursuant to FIFRA Section 14, 7 U.S.C. 136j, violations of FIFRA may result in civil or criminal penalties. Civil penalties may be assessed at a rate of $24,885 per violation, as updated for inflation. See 40 C.F.R. ? 19.4. However, the EPA has determined that a NOW, in lieu of a civil penalty action, is the appropriate response for the violations of FIFRA outlined above. This NOW only resolves Buckman?s civil liability for the specific violations set forth above for the instances described in this NOW. The EPA has the right to institute further enforcement actions for any additional or continuing violations. The EPA may also institute further enforcement proceedings to recover appropriate relief upon obtaining evidence that any information or representations made by Respondent were false, inaccurate, or misleading. Nothing in this NOW relieves Buckman of its obligation to comply with all applicable provisions of FIFRA and other federal, state, and local laws and regulations, nor shall it constitute a waiver, suspension, or modification of the requirements of FIFRA and any regulations promulgated thereunder.

Defendants (1)

• Buckman Laboratories Inc.Named in settlement

Facilities (2)

• BUCKMAN LABORATORIES, INC.

  1256 NORTH MCLEAN BOULEVARD, MEMPHIS, TN, 38108

  Registry ID: 110000373934

• BUCKMAN LABORATORIES, INC.

  1256 NORTH MCLEAN BOULEVARD, MEMPHIS, TN, 38108

  Registry ID: 110000373934

Statutes cited

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

Enforcement conclusions (1)

• Buckman Laboratories Inc.entered 2025-11-10

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-11-10Enforcement Action Closed
• 2025-11-10Final Order Issued
• 2025-11-23Enforcement Action Data Entered