Archives: FIFRA

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EPA Denies Petition to Revoke Tolerances and Cancel all Registrations of the Most Widely Used Conventional Insecticide in the U.S.

EPA recently issued an order denying a 2007 petition (the “Cancellation Petition”) by the Pesticide Action Network and the Natural Resources Defense Council that sought to revoke all tolerances under section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA) and to cancel all registrations under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) … Continue Reading

EPA Notifies Registrants of Pesticide Products with Water Soluble Packaging of New Label Requirements

EPA issued a press release on April 6 stating that it has sent revised labeling instructions to registrants of pesticide products with water soluble packaging. When used properly, water soluble packaging can significantly reduce handler exposure during the mixing and loading of pesticides. Indeed, EPA has viewed the added safety features of water soluble packaging … Continue Reading

EPA Announces Final Ecological Effects Test Guidelines (Series 850) Under TSCA, FIFRA and FFDCA

On Dec. 29, 2016, EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) announced the availability of new final test guidelines in Series 850 Group A, pertaining to measuring the Ecological Effects of chemicals on Aquatic and Sediment-dwelling Fauna and Aquatic Microcosms. The new test guidelines include revised standards as well as several name changes … Continue Reading

EPA Region 7 Reaches $112,684 Settlement with Albaugh, LLC for Alleged FIFRA Violations

EPA and Albaugh, LLC recently reached a $112,684 settlement to resolve allegations that Albaugh violated the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”) by distributing pesticides that were misbranded and contained ingredients that did not match the products’ confidential statements of formulation. The significant penalty underscores EPA’s continued focus on pursuing pesticide registrants for violations … Continue Reading

Coyote Ugly – Criminal Conviction for Unlawful Use of Pesticide Which Caused Coyote Deaths

On Sept. 27, 2016, Ted Nelson, Jr. was sentenced to eight months in custody with one year of supervised release upon payment of $2,500 in restitution following a two-day trial in April for alleged violations of the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”). The conviction arose from allegations that between Jan. 1, 2015 and … Continue Reading

FIFRA “Data Compensation” Cost Recovery Limited by Sixth Circuit Ruling

The 6th Circuit Court of Appeals recently resolved a Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”) dispute between two agricultural-chemical distributors, Drexel Chemical Company and Albaugh, Inc. The dispute involved Drexel’s ability to recover certain “data compensation” costs from Albaugh pursuant to a contract between the two. The court ruled that according to the parties’ … Continue Reading
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