EPA Increases Pesticide Penalties for 2018

The Environmental Protection Agency is set to moderately increase the maximum civil monetary penalty for violation of the Federal Insecticide, Fungicide and Rodenticide Act (”FIFRA”) from $19,057 to $19,466 per violation through the 2018 Civil Monetary Penalty Inflation Adjustment Rule. While this adjustment represents a modest increase annually, it is important to note that it is a significant increase from the original civil penalty of $5,000.

Prior to 2015, EPA had adjusted penalties only occasionally. However, under the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015, adjustments must now be made annually. The 2018 adjustment rule is the third annual update under the new approach.

As a result of the multiple adjustments which have now been made, multiple levels of FIFRA penalties are possible. To determine the penalty level applicable to an offense, one must first determine when the violation occurred and when the penalty is being imposed. Thus, a given violation which is repeated over a period of time could be subject to differing maximum penalty levels. More information can be found about how to accurately price open cases through the EPA’s 2018 guidance document found here.


© 2018

EPA Reaches Settlement with Amazon for Distribution of Illegal Pesticides

The U.S. Environmental Protection Agency announced an agreement with Amazon Services LLC to settle allegations that Amazon committed nearly four thousand violations of the Federal Insecticide, Fungicide and Rodenticide Act, including selling and distributing imported pesticide products that were not registered for sale in the United States. In addition to paying a penalty of $1,215,700, Amazon will develop a multi-language online training course on pesticide regulations available to the public and marketers. Amazon will require that all marketers that are planning to sell pesticides on their website complete this training course.  

For more information go to https://www.epa.gov/enforcement/amazon-services-llc-fifra-settlement.


© 2018