EPA v. HELENA CHEMICAL CO/DUSTY FARMS COOPERATIVE

Case summary

The Environmental Protection Agency Region 10 (EPA) has information indicating that Helena Chemical Company (Helena) has violated Section 12(a)(1)(E) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136j(a)(1)(E), by selling and distributing a misbranded pesticide product. Information collected by the Washington State Department of Agriculture (WSDA) during a March 19, 2007 inspection of Dusty Farms Co-operative, Inc. shows that Helena, through Dusty Farms, sold and distributed the pesticide product Barrage HF (EPA Reg. No. 5905-529) with outdated labels. Helena is responsible for the labels of the products sold or distributed by Dusty Farms. Helena failed to provide the updated labels to Dusty Farms in a timely manner and is responsible for the misbranded/outdated labels on the Barrage HF products sold or distributed by Dusty Farms.

Defendants (1)

• HELENA CHEMICAL COMPANY/DUSTY FARMS COOPERATIVENamed in complaintNamed in settlement

Facilities (1)

• HELENA CHEMICAL CO/DUSTY FARM COOPERATIVE

  225 SCHILLING BLV SUITE 300, COLLIERVILLE, TN, 38017-

  Registry ID: 110015788094

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• HELENA CHEMICAL CO/DUSTY FARMS COOPERATIVEentered 2009-05-06

  Primary law: FIFRA

  Federal penalty: $41,600

Timeline (4 milestones)

• 2009-01-21Enforcement Action Data Entered
• 2009-05-06Final Order Issued
• 2009-05-06Complaint Filed/Proposed Order
• 2009-09-18Enforcement Action Closed