Posted by: Lawyer Sanders | September 10, 2008

Lawyer Sanders says EPA fines Syngenta companies $284,050 for multiple violations of FIFRA.

U.S. EPA Region 4 settled three separate administrative complaints with Syngenta Crop Protection, Inc., and Syngenta Seeds, Inc., arising under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). EPA fined the companies $284,050 for multiple violations of FIFRA occurring in multiple states.  EPA consolidated the violations throughout the United States for expediency.   The settlements include:

·         Syngenta Crop Protection, Inc. agreed to pay a penalty of $196,300 for violations involving two products.  The settlement agreement resolved alleged violation of distributing Mesotrione Wet Paste with ingredients that differed in composition from the formula submitted to EPA.  EPA also settled advertising violations of the pesticide Lumax Selective Herbicide because television commercials aired in the Midwest did not disclose that the pesticide was a restricted-use pesticide.    

·         Syngenta Crop Protection, Inc. violated the rules for written advertisements of restricted use pesticides and paid a fine of $70,200.        

·         Syngenta Seeds, Inc. agreed to pay $17,550 for using a pesticide in violation of an Experimental Use Permit (EUP).   EPA found that the company had not obtained a state permit or license from the Commonwealth of Puerto Rico prior to the shipment and/or use of a corn that was the subject of the EUP.  Somewhat unusual, EPA’s settlement also resolved OSHA violations by Syngenta Seeds, Inc., in Kekaha, Hawaii, of failing to store all personal protective equipment separately from clothing and apart from pesticide-contaminated areas and failing to post the spraying of the pesticide Liberty at its Central Notification Site.  No word yet on whether EPA’s settlement may pre-empt state law claims arising from this wrongful conduct.   

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