U.S. EPA settles 3 area pesticide sales violations

The US Environmental Protection Agency announced three enforcement actions against Missouri pesticides distributors for violations related to sales or distribution of unregistered and misbranded pesticides. All three cases involved the sale and distribution of plant growth regulators, which are regulated as pesticides by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

FIFRA defines plant growth regulators as substances intended to accelerate or retard the growth of plants. Among other things, substances considered to be plant regulators may include hormone additives intended to stimulate plant root growth or fruiting, such as gibberellins, auxins, and cytokinins derived from seaweed. Products containing these additives are often marketed as fertilizers, but such claims do not exempt products from regulation as pesticides.

On June 14, 2012, Mayberry Seed Co., of Essex, Missouri, agreed to pay a $17,160 penalty to resolve violations of FIFRA. On July 5, 2012, Southeast Cooperative Service Company, Inc., of Advance, Missouri, agreed to pay a $12,000 civil penalty to resolve multiple sales of an unregistered plant growth regulator and fungicide to at least four individuals between April 1, 2010, and August 21, 2010. On Sept. 4, 2012, AgXplore International, LLC, of Parma, Missouri, agreed to pay a $237,573 civil penalty to resolve violations of FIFRA, including 212 counts for the sale or distribution between May 7, 2009, and March 25, 2012, of 19 different unregistered pesticide products, including plant regulators, insecticides, and fungicides. AgXplore International, LLC has informed its customers and distributors of its violative products.

As part of their respective settlements with EPA, each of the three companies has certified that it is presently in compliance with FIFRA and its regulations.