EHS Management

Core FIFRA Requirements Among Most Violated: Reporting

40 CFR Part 167.85 provides the most basic reporting information under FIFRA for pesticide producers. To begin, all establishments covered under FIFRA are required to first register as pesticide producers and then report on each pesticidal product, including pesticides, active ingredients of pesticidal products or devices produced. For newly registered establishments, the first report must be submitted initially within 30 days of the  registration. After that, reports must be submitted annually on or before March 1 of each following year for the previous calendar year. As with FIFRA registration, custom blenders of pesticide products are not required to report.

This reporting requirement provides the EPA with information necessary to oversee not only what pesticidal products are being produced, but where they are produced, in what quantity, for what ultimate use, and how they are to be applied. The EPA also uses the reported information to assess inspection priorities and risk reduction activities related to the products.

For example, EPA can use the information to notify certain producers of changes to required labeling information, locate and contact producers when a pesticide is found to be altered or cancelled due to impacts on human health or the environment, or to notify pesticide producers in preparation for or response to natural disasters.

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To enable this oversight, pesticide reports include the following:
(1) Name and address of the establishment;
(2) Amount of each pesticidal product/device:

  • Produced during the past year;
  • sold or distributed during the past year;
  • estimated to be produced during the current year.

Registered establishments should report on only those pesticidal products actually produced at the reporting establishment. Foreign-producing establishments should report on only those pesticidal products exported to the United States. All reporters are responsible for obtaining, completing and submitting the reports on the required forms by the appropriate date and EPA does not grant extensions for these submissions.

One notable area of concern is that of “supplemental distribution” where a registered product is actually sold and/or distributed under another entity’s name and address, instead of or in addition to the registrants. In this case, the distributer is considered an agent of the registrant and as such, may be held liable for violations related to the distributed product. Supplemental distribution is only allowed after notifying the EPA and when certain other requirements are met including packaging and labeling requirements defined in 40 CFR 152.132.

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As simple and straight forward as these requirements are, they are also repeatedly violated, often in addition to other violations relating to mislabeled products.

One such case was announced in March of 2013 against a Connecticut company that failed to report annual production and sales data, as well as notices of FIFRA imports, and was cited for distributing or selling misbranded pesticides or devices, and distributing and selling pesticides for unauthorized uses. The EPA issued a Stop Sale Order and a settlement was reached with a civil penalty of $50,000 and certification of compliance with all relevant FIFRA regulations.

In addition, four  New England companies agreed to pay fines for not submitting annual reporting requirements while six more agreed to close down their pesticide producing operations in lieu of paying penalties for failure to submit annual reports. These companies cannot produce pesticides or re-register as pesticide producers for five years in accordance with the settlements.