WASHINGTON
- The U.S. Environmental Protection Agency (EPA) announced today that
Harrell’s LLC, a pesticide producer based in Lakeland, Fla., has agreed
to pay $1,736,560 in civil penalties for allegedly distributing and
selling misbranded pesticides and other violations of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA).
The penalty is one of the largest ever for an enforcement case under FIFRA.
“The
law requires that pesticides be labeled to help prevent any harm to
people and the environment,” said Cynthia Giles, EPA’s Assistant
Administrator of EPA’s Office of Enforcement and Compliance Assurance.
“Pesticides can be highly toxic to fish and other wildlife and can
contaminate our drinking water. Proper labeling is critical to ensure
that people know how to use them correctly and safely."
In
the settlement, which was approved by EPA’s Environmental Appeals
Board, the agency alleged that Harrell’s violated FIFRA on numerous
occasions between 2010 and 2012, allegedly distributing or selling
pesticides over 350 times without labels or with labels that were
completely illegible. EPA also alleged that the company distributed or
sold pesticides in
violation of a prior “stop sale” order issued by EPA, and produced
large amounts of pesticides over several years at its Alabama facility
before registering with EPA. The agency discovered the violations during
field inspections conducted in 2012.
The
settlement with Harrell requires the company to ensure that its
production and distribution centers are operating in compliance with all
regulations under FIFRA. The company has corrected all of the
violations.
Harrell’s produces pesticides at facilities in Sylacauga, Ala. and Lakeland, Fla. and operates distribution centers in Danbury,
Conn.; Auburn, Mass.; Lombard, Ill.; New Hudson, Mich.; Homestead,
Fla.; Whitestown, Ind.; and in the cities of Butler and York, Pa.
Harrell’s sells most of its products to golf courses and some to the
horticulture, nursery, turf and landscape sectors. The company does not
sell products to individual consumers or to retail stores.
In
addition to producing its own pesticides, Harrell’s also produces and
sells pesticides that are registered with EPA by other companies, acting
as a “supplemental” distributor. The EPA is focusing national
enforcement efforts on these activities because, in many cases, the
agency has found that labels on pesticides produced and sold by
supplemental distributors often lack critical information required by
law, which increases the risk of harm from potential misuse of the
product.
The
purpose of FIFRA is to ensure that no pesticides are produced, imported,
distributed, sold, or used in a manner that pose an unreasonable risk
to human health or the environment. Without proper facility registration
and reporting, EPA cannot determine where and in what manner pesticides
and devices are being produced, sold, and distributed.
The
settlement, which is effective immediately, requires that Harrell’s pay
the penalty within 30 days of the date of EAB filing. The settlement is
available at [link to OCE information].
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