EPA v. FMC CORPORATION

Case summary

FIFRA NOW: 8/14/2026 FMC Corporation Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case File No. FIFRA-04-2026-3991 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 FMC Corporation, 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. The EPA finds that FMC Corporation violated FIFRA Section 12(a)(2)(S) by distributing or selling pesticides not in compliance with requirements promulgated under FIFRA Section 19. On or around July 6, 2026, DSV Air & Sea, Inc., the licensed customs broker for FMC Corporation, filed for entry using the U.S. Customs and Border Protection (CBP) Automated Commercial Environment (ACE) Data Processing System for the importation of the pesticide product Scion Insecticide (EPA registration number 279-3612) under entry number DSV-79854664. The entry was filed as a registered pesticide and copies of the label and labeling affixed to the imported product were uploaded to the ACE Document Image System (DIS). The shipment arrived at the Port of Savannah, Georgia (Port Code 1703) on or around July 9, 2026. The entry included nineteen Intermediate Bulk Container (IBC) totes, each containing 264.2 gallons, for a total of approximately 5,020 gallons of Scion Insecticide. On or around July 9, 2026, DSV Air & Sea, Inc. filed a second entry on behalf of FMC Corporation through the CBP ACE Data Processing System for the importation of Scion Insecticide under entry number DSV-79857469. The entry was likewise filed as a registered pesticide, and copies of the label and labeling affixed to the imported product were uploaded to the ACE DIS. The shipment arrived at the Port of Savannah, Georgia (Port Code 1703) on or around July 9, 2026. This entry also included nineteen IBC totes, each containing 264.2 gallons, for a total of approximately 5,020 gallons of Scion Insecticide. On or around July 14, 2026, DSV Air & Sea, Inc. filed a third entry on behalf of FMC Corporation through the CBP ACE Data Processing System for the importation of Scion Insecticide under entry number DSV-79860281. The entry was likewise filed as a registered pesticide, and copies of the labels and labeling affixed to the imported product were uploaded to the ACE DIS. The shipment arrived at the Port of Savannah, Georgia (Port Code 1703) on or around July 14, 2026. This entry also included nineteen IBC totes, each containing 264.2 gallons, for a total of approximately 5,020 gallons of Scion Insecticide. On or around July 14, 2026, the EPA reviewed the labels and labeling affixed to the products. First, the review revealed that the statement Refillable Container was included on the label. Second, the review revealed that the product was packaged into refillable IBC totes. Third, the review revealed that neither of the two statement options required under 40 C.F.R. 156.140(b)(2) was present on the container or on the label or labeling affixed to the container. Fourth, the review revealed that neither the container nor the labeling included appropriate residue removal statements required under 40 C.F.R. 156.156 for refillable containers. Therefore, because the Scion Insecticide product failed to comply with the requirements promulgated under Section 19, the three distributions of Scion Insecticide described constitute violations of FIFRA Section 12(a)(2)(S), 7 U.S.C. 136j(a)(2)(S).

Defendants (1)

• FMC CORPORATIONNamed in settlement

Facilities (3)

• FMC CORPORATION

  2929 WALNUT STREET, PHILADELPHIA, PA, 19104

  Registry ID: 110069999063

• FMC CORPORATION

  2929 WALNUT STREET, PHILADELPHIA, PA, 19104

  Registry ID: 110069999063

• FMC CORPORATION

  2929 WALNUT STREET, PHILADELPHIA, PA, 19104

  Registry ID: 110069999063

Statutes cited

• FIFRA 12A2S — Violate Regulations Under 3(a) or 19

Enforcement conclusions (1)

• FMC CORPORATIONentered 2026-08-14

  Primary law: FIFRA

Timeline (3 milestones)

• 2026-08-14Final Order Issued
• 2026-08-14Enforcement Action Data Entered
• 2026-08-14Enforcement Action Closed