EPA v. BASF Agricultural Solutions

Case summary

FIFRA NOW: 6/16/2026 BASF Agricultural Solutions Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act Case File No. FIFRA-04-2026-3976 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 BASF Agricultural Solutions (hereinafter BASF), 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 BASF violated FIFRA Section 12(a)(1)(A) by distributing or selling unregistered pesticides. 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 BASF?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 BASF 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)

• BASF Agricultural SolutionsNamed in settlement

Facilities (1)

• PORT OF ATLANTA (1704): BASF AGRICULTURAL SOLUTIONS US LLC OUT OF NJ

  157 TRADEPORT DRIVE, ATLANTA, GA, 30354

  Registry ID: 110072155236

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• BASF Agricultural Solutionsentered 2026-06-16

  Primary law: FIFRA

Timeline (3 milestones)

• 2026-06-16Final Order Issued
• 2026-06-16Enforcement Action Closed
• 2026-06-17Enforcement Action Data Entered