EPA v. AGRI-CHEM LLC

Case summary

FIFRA NOW: 10/14/2026 Agri-Chem LLC Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case File No. FIFRA-04-2027-3503 The U.S. Environmental Protection Agency (EPA) 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 United States Code (U.S.C.) 136 et seq. The EPA is issuing this Notice of Warning (NOW) to Agri-Chem LLC, 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 Agri-Chem LLC violated FIFRA Section 12(a)(1)(E) by distributing or selling misbranded pesticides. On or around September 9, 2026, an authorized representative of the EPA conducted an inspection at the Agri-Chem LLC facility located at 4893 Pembroke Road Hopkinsville, Kentucky 42240 (Facility). During the inspection, the inspector learned that the Facility repackages Acuron GT (EPA Reg. No. 100-1675). During the inspection, the inspector photographed a container of Acuron GT which had been repackaged and labeled by the Facility and was being held for distribution or sale. On or around September 23, 2026, the EPA reviewed the photographs of the label applied to the container of Acuron GT and observed that the Facility had applied a sticker to the label which contained the establishment number and the net contents of the container. The review of the label noted that this sticker was peeling away at all four corners and did not appear to be properly adhered to the container such that it would be expected to remain affixed for the foreseeable conditions and period of use of the product. Based on this observation, the container of Acuron GT was misbranded pursuant to Chapter 40 of the Code of Federal Regulations (C.F.R.) 156.10(a)(4)(i). In the definition of to distribute or sell in FIFRA Section 2(gg), the holding for sale of a pesticide product constitutes a distribution or sale for the purposes of FIFRA. Therefore, Agri-Chem LLC has distributed or sold a misbranded pesticide in contravention of FIFRA Section 12(a)(1)(E).

Defendants (1)

• AGRI-CHEM LLCNamed in settlement

Facilities (1)

• HOPKINSVILLE, KY

  1106 W 15TH ST, HOPKINSVILLE, KY, 42240

  Registry ID: 110038277389

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• AGRI-CHEM LLCentered 2026-10-14

  Primary law: FIFRA

Timeline (3 milestones)

• 2026-10-14Final Order Issued
• 2026-10-14Enforcement Action Closed
• 2026-10-19Enforcement Action Data Entered