EPA v. ALCO CHEMICAL COMPANY

Case summary

COMPLAINT ALLEGES ONE COUNT OF FAILURE TO MAINTAIN ALL UN- DERLYING RAW DATA SUBMITTED IN SUPPORT OF A PESTICIDE REG- ISTRATION, A VIOLATION OF FIFRA SEC.8,7 U.S.C. SEC 136F. ANALYSIS FIFRA SEC.8(A) AUTHORIZES EPA TO PRESCRIBE REGULATIONS RE- QUIRING PESTICIDE PRODUCERS TO MAINTAIN RECORDS WITH RESPECT TO PRODUCTION OPERATIONS, AND THE PESTICIDES AND DEVICES PRODUCED THEREBY, AS DEEMED NECESSARY FOR THE EFFECTIVE EN- FORCEMENT OF THE ACT. 40 C.F.R. SEC.169.2(K) REQUIRES THAT ALL PRODUCERS OF PESTICIDES, PESTICIDE DEVICES, OR ACTIVE IN GREDIENTS USED IN PRODUCING PESTICIDES MUST KEEP RECORDS CONTAINING RESEARCH DATA RELATING TO REGISTERED PESTICIDES, INCLUDING ALL TEST REPORTS SUBMITTED TO EPA IN SUPPORT OF REGISTRATION OR IN SUPPORT OF A TOLERANCE PETITION, ALL UN- DERLYING RAW DATA, AND INTERPRETATIONS AND EVALUATIONS THEREOF. FIFRA SEC.12(A)(2)(B), 7 U.S.C. SEC.136J(A)(2)(B), PROVIDE THAT IT IS UNLAWFUL TO REFUSE TO KEEP RECORDS REQUIRED BY FIFRA SEC.8. ON OR ABOUT JULY 20, 1979, JULY 23, 1979, AND AUGUST 6, 1979, ALCO CHEMICAL CORPORATION SUBMITTED TO THE AGENCY RE- PORTS OF TESTS IN SUPPORT OF THE REGISTRATION OF A PESTICIDE PRODUCT PRODUCEDBY THE COMPANY. THE PESTICIDE PRODUCT WAS SUBSEQUENTLY REGISTERED BY EPA BASED UPON THE SUBMITTED TEST REPORTS. ON MARCH 19, 1986, ALCO CHEMICAL CORPORATION IN- FORMED THE AGENCY THAT THE UNDERLYING RAW DATA, AND THE IN- TERPRETATIONS AND EVALUATIONS THEREOF, IN SUPPORT OF TESTS CITED IN THE SUBMITTED REPORTS WERE NOT MAINTAINED BY THE COMPANY.

Defendants (1)

• ALCO CHEMICAL COMPANYNamed in complaintNamed in settlement

Statutes cited

• FIFRA 8 — Books And Records Inspections
• FIFRA 5 — Experimental Use Permits

Enforcement conclusions (1)

• ALCO CHEMICAL COMPANYentered 1987-07-17

  Primary law: FIFRA

  Federal penalty: $1,500

Timeline (5 milestones)

• 1986-09-15Enforcement Action Data Entered
• 1986-09-15Complaint Filed/Proposed Order
• 1987-07-17Final Order Issued
• 1987-08-12Compliance Achieved
• 1987-08-29Enforcement Action Closed