Kansas and Illinois Pesticide Distributors to Pay Penalties Totaling $96,640 for Distributing Misbranded Pesticides

A pesticide producer in Kansas and pesticide registrant in Illinois have agreed to pay civil penalties totaling $96,640 to settle allegations related to their roles in the distribution of misbranded pesticides in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

In October 2011, the Missouri Department of Agriculture conducted an inspection of the American Chemical Systems II, Inc. facility located in Springfield, Mo. In January 2012, the Kansas Department of Agriculture conducted an inspection of the American Chemical Systems II, Inc. facility located in Wichita, Kan. The agencies conducted the inspections to determine the FIFRA compliance status of American Chemical Systems II, Inc., a supplemental distributor of Mason Chemical Company.

The results of the inspections show that American Chemical Systems was holding for sale or distribution a quantity of the misbranded pesticide “Maquat-705M,” under the product name “ACS Dual Q,” in its Springfield, Mo., and Wichita, Kan., facilities. The pesticides were misbranded because the product labels included a statement regarding use in meat and poultry processing plants, but did not include any instructions for use in food processing locations. Mason Chemical Company was the registrant of the pesticide, and under federal regulations was liable for the violations as well. American Chemical Systems also produced other pesticides unrelated to Mason Chemical Company, and at the time of the inspections held three additional unregistered and misbranded pesticides for sale or distribution.

Mason Chemical Company’s civil penalty is $85,640 and American Chemical Systems civil penalty is $11,000. EPA calculates penalties on a variety of factors, including risk to the environment, size of the business, and ability to pay.

Under FIFRA, distributors of pesticides must ensure that the information on their products’ labels contains the same required cautionary information as found on the labels filed with EPA by the pesticides’ registrants, and that those pesticides are not distributed with claims that differ from the registration information filed with EPA.

Through their respective settlements with EPA, Mason Chemical Company and American Chemical Systems have certified that they are now in compliance with FIFRA and its regulations.