EPA v. Corteva Agriscience LLC

Case summary

FIFRA NOW: 12/19/2025 Corteva Agriscience, LLC Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case File No. FIFRA-04-2026-3514 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 Corteva Agriscience, LLC (hereinafter Corteva), pursuant to Section 9(c)(3) of FIFRA, 7 U.S.C. ? 136g(c)(3) which provides the EPA with the authority to issue a NOW. As explained below, the EPA finds that Corteva violated FIFRA Section 12(a)(1)(E) by distributing or selling misbranded pesticides. On or around December 9, 2025, BDP International, Inc., the licensed customs broker for Corteva, filed two Notices of Arrival of Pesticides and Devices (EPA form number 3540-1; NOA) for the importation of the pesticide product, Famoxadone Technical (EPA registration number 352-605), within container numbers MAEU261947734 and MAEU264883350. The shipments arrived at the Port of Savannah, Georgia (Port Code 1703) on or around December 18, 2025. The shipments included 80 bags of the pesticide product above, each weighing 240 kilograms, for a total of 19,200 kilograms. A copy of the labels affixed to the imported products were provided to EPA via email alongside the NOAs. The EPA reviewed the product labels and found that the labels were missing required language identifying the container type. Pursuant to 40 CFR 156.140(a)(1), for nonrefillable containers, the statement ?nonrefillable container? is required on the label or container. Therefore, the EPA determined that imported products were misbranded in that it was missing required language identifying the container type. Pursuant to FIFRA Section 2(q)(1)(E), a pesticide is misbranded if any word, statement, or other information required by or under authority of this Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness and in such a terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. Based on the missing statement on the label affixed to the imported product, the pesticide product above was misbranded as distributed or sold. 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. Pursuant to Section 12(a)(1)(E) of FIFRA, 7 U.S.C. ? 136j(a)(1)(E), it is unlawful for any person in any State to sell or distribute or offer for sale to any person any pesticide that is misbranded. 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 Corteva?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 Corteva 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)

• Corteva Agriscience, LLCNamed in settlement

Facilities (1)

• CORTEVA AGRISCIENCE LLC

  750 WESTSIDE WAY, VALDOSTA, GA, 31601

  Registry ID: 110067118808

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Corteva Agriscience LLCentered 2025-12-19

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-12-19Final Order Issued
• 2025-12-19Enforcement Action Closed
• 2025-12-22Enforcement Action Data Entered