EPA v. Morrow County Grain Growers Inc (& Nufarm Americas)

Case summary

On September 16, 2011, Region 10 filed a Consent Agreement and Final Order that resolves FIFRA violations by Nufarm Americas, Inc., and Morrow County Grain Growers, Inc., for violations of FIFRA Section 12(a)(1)(E). Information collected by the Oregon Department of Agriculture (ODA) during a February 23, 2010, inspection of MCGG in Wasco, Oregon, showed that Nufarm, through MCGG, sold and distributed the pesticide products Weedone LV6 EC Broadleaf Herbicide (EPA Reg. No. 71368-11) and Weedar 64 Broadleaf Herbicide (EPA Reg. No. 71368-1) with labels lacking important updates to the First Aid Statements. Nufarm is responsible for the labels of the products sold or distributed by Nufarm, or by agents of Nufarm. These labels need to be the current EPA approved labels. Nufarm failed to provide the updated labels to MCGG in a timely manner. Consequently, Nufarm is responsible for the misbranded labels on the Weedone LV6 EC and Weedar 64 products sold or distributed by MCGG. As the registrant, Nufarm is ultimately responsible for the integrity of all Weedone LV6 EC and Weedar 64 produced, sold and distributed by MCGG. Nufarm Americas, Inc., (Nufarm) agreed to pay $60,060.00 and Morrow County Grain Growers, Inc., (MCGG) agreed to pay $10,020.00.

Defendants (1)

• Morrow County Grain Growers Inc (& Nufarm AmericasNamed in complaintNamed in settlement

Facilities (2)

• MORROW COUNTY GRAIN GROWERS

  71025 OLD HWY 97, WASCO, OR, 97065

  Registry ID: 110000705247

• NUFARM AMERICAS INC.

  220 E. 17TH ST., CHICAGO HEIGHTS, IL, 604113699

  Registry ID: 110000432407

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Morrow County Grain Growers Inc (& Nufarm Americas)entered 2011-09-16

  Primary law: FIFRA

  Federal penalty: $70,080

Timeline (4 milestones)

• 2011-09-16Final Order Issued
• 2011-09-16Complaint Filed/Proposed Order
• 2011-10-03Enforcement Action Data Entered
• 2011-12-31Enforcement Action Closed