EPA v. Pride Packing

Case summary

On April 1, 2010, the Yakama Nation Pesticide Program (Yakama) inspected Pride Packing, which is located in Wapato, Washington, within the boundaries of the Yakama Nation. The Yakama inspector referred his inspection report to EPA for review and follow-up. EPA’s review of the inspection report found violations of Section 12(a)(2)(G) of FIFRA, 7 U.S.C. 136j(a)(2)(G), which states that it is unlawful to use any registered pesticide in a manner inconsistent with its labeling. EPA concluded that the pesticide Micro Sulf (EPA Reg. No. 55146-75) was applied in a manner inconsistent with its labeling because the facility did not have a Central Posting Location at the time of a pesticide application. Regulations at 40 C.F.R. § 170.122 and 40 C.F.R. § 170.222 state that when a pesticide has been applied within the past 30 days, specific information about that pesticide must be displayed at the same central location as the pesticide safety poster. The displayed information must include the location and description of the treated area; the product name; the EPA registration number; the active ingredient(s) of the pesticide; the time and date of application; and the restricted entry interval of the pesticide. This information must be posted before the application of a pesticide and remain posted for at least 30 days after the end of the restricted-entry interval for the pesticide. If the pesticide has no restricted-entry interval, the information must be posted for at least 30 days afterthe application or until workers are no longer on the establishment, whichever is sooner. Because of this issue, we are issuing a civil penalty to Pride Packing.

Defendants (1)

• Pride PackingNamed in complaintNamed in settlement

Facilities (2)

• PRIDE PACKING CO

  560 LATLERAL B RD, WAPATO, WA, 98951

  Registry ID: 110015652523

• PRIDE PACKING CO

  560 LATLERAL B RD, WAPATO, WA, 98951

  Registry ID: 110015652523

Statutes cited

• FIFRA 12A2G — Misuse

Enforcement conclusions (1)

• Pride Packingentered 2011-05-12

  Primary law: FIFRA

  Federal penalty: $560

Timeline (4 milestones)

• 2011-04-01Enforcement Action Data Entered
• 2011-05-12Final Order Issued
• 2011-05-12Complaint Filed/Proposed Order
• 2011-06-13Enforcement Action Closed