Scotts Miracle-Gro Will Pay $12.5 Million in Criminal Fines and Civil Penalties for Violations of Federal Pesticide Laws

Press release:


FOR IMMEDIATE RELEASESeptember 7, 2012 

Scotts Miracle-Gro Will Pay $12.5 Million in Criminal Fines and Civil Penalties for Violations of Federal Pesticide Laws

WASHINGTON – The Scotts Miracle-Gro Company, a producer of pesticides for commercial and consumer lawn and garden uses, was sentenced today in federal district court in Columbus, Ohio, to pay a $4 million fine and perform community service for eleven criminal violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which governs the manufacture, distribution, and sale of pesticides. Scotts pleaded guilty in February 2012 to illegally applying insecticides to its wild bird food products that are toxic to birds, falsifying pesticide registration documents, distributing pesticides with misleading and unapproved labels, and distributing unregistered pesticides. This is the largest criminal penalty under FIFRA to date.
 In a separate civil agreement with the U.S. Environmental Protection Agency (EPA), Scotts agreed to pay more than $6 million in penalties and spend $2 million on environmental projects to resolves additional civil pesticide violations. The violations include distributing or selling unregistered, canceled, or misbranded pesticides, including products with inadequate warnings or cautions. This is the largest civil settlement under FIFRA to date.
“The misuse or mislabeling of pesticide products can cause serious illness in humans and be toxic to wildlife,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s sentence and unprecedented civil settlement hold Scotts accountable for widespread company noncompliance with pesticide laws, which put products into the hands of consumers without the proper authorization or warning labels.”
“As the world’s largest marketer of residential use pesticides, Scotts has a special obligation to make certain that it observes the laws governing the sale and use of its products. For having failed to do so, Scotts has been sentenced to pay the largest fine in the history of FIFRA enforcement," said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “The Department of Justice will continue to work with EPA to assure that pesticides applied in homes and on lawns and food are sold and used in compliance with the laws intended to assure their safety.”
In the plea agreement, Scotts admitted that it applied the pesticides Actellic 5E and Storcide II to its bird food products even though EPA had prohibited this use. Scotts had done so to protect its bird foods from insect infestation during storage. Scotts admitted that it used these pesticides contrary to EPA directives and in spite of the warning label appearing on all Storicide II containers stating, “Storcide II is extremely toxic to fish and toxic to birds and other wildlife.” Scotts sold this illegally treated bird food for two years after it began marketing its bird food line and for six months after employees specifically warned Scotts management of the dangers of these pesticides. By the time it voluntarily recalled these products in March 2008, Scotts had sold more than 70 million units of bird food illegally treated with pesticide that is toxic to birds.
Scotts also pleaded guilty to submitting false documents to EPA and to state regulatory agencies in an effort to deceive them into believing that numerous pesticides were registered with EPA when in fact they were not. The company also pleaded guilty to having illegally sold the unregistered pesticides and to marketing pesticides bearing labels containing false and misleading claims not approved by EPA. The falsified documents submitted to EPA and states were attributed to a federal product manager at Scotts.
In addition to the $4 million criminal fine, Scotts will contribute $500,000 to organizations that protect bird habitat, including $100,000 each to the Ohio Audubon’s Important Bird Area Program, the Ohio Department of Natural Resources’ Urban Forestry Program, the Columbus Metro-Parks Bird Habitat Enhancement Program, the Cornell University Ornithology Laboratory, and The Nature Conservancy of Ohio to support the protection of bird populations and habitats through conservation, research, and education.
At the time the criminal violations were discovered, EPA also began a civil investigation that uncovered numerous civil violations spanning five years. Scotts’ FIFRA civil violations included the nationwide distribution or sale of unregistered, canceled, or misbranded pesticides, including products with inadequate warnings or cautions. As a result, EPA issued more than 40 Stop Sale, Use or Removal Orders to Scotts to address more than 100 pesticide products.
In addition to the $6 million civil penalty, Scotts will complete environmental projects, valued at $2 million, to acquire, restore and protect 300 acres of land to prevent runoff of agricultural chemicals into nearby waterways.
The criminal case was investigated by EPA’s Criminal Investigation Division and the Environmental Enforcement Unit of the Ohio Attorney General's Office, Bureau of Criminal Identification & Investigation. It was prosecuted by Senior Trial Attorney Jeremy F. Korzenik of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division, by Michael J. McClary, EPA Criminal Enforcement Counsel and Special Assistant U.S. Attorney and by Assistant U.S. Attorney J. Michael Marous.
The civil case was investigated by U.S. EPA Region 5’s Land and Chemicals Division and Office of Regional Counsel, and the U.S. EPA Headquarters Office of Civil Enforcement, assisted by the Office of Pesticides Program.
More information about the civil settlement and recalled products: http://www.epa.gov/compliance/resources/cases/civil/fifra/scottsmiraclegro.html
More information about EPA’s criminal enforcement program: http://www.epa.gov/enforcement/criminal/index.html

More information about EPA’s pesticide program: http://epa.gov/pesticides/


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EPA ensures Columbia Sportswear Company properly labels pesticide-treated clothing for domestic sale

EPA ensures Columbia Sportswear Company properly labels pesticide-treated clothing for domestic sale

Contacts: Derrick Terada, EPA FIFRA Program, 206-553-4768, terada.derrick@epa.gov
Tony Brown, EPA Public Affairs, 206-553-1203, brown.anthony@epa.gov

(Seattle – April 25, 2012) Columbia Sportswear Company, headquartered in Portland, Oregon sold and distributed mislabeled pesticide-treated clothing in violation of federal pesticide rules, according to a settlement with the U.S. Environmental Protection Agency.

EPA found that the clothing labels lacked the required EPA pesticide registration number, a proper ingredient statement, a proper storage and disposal statement, and were missing the statement "It is a violation of Federal Law to use this product in a manner inconsistent with its labeling."

EPA immediately issued a Stop Sale Order on the products until they could be properly labeled by the company, which fully cooperated with EPA. The company will pay a fine of $22,880.

According to Scott Downey, manager of EPA's pesticide unit in the Seattle office, pesticides must be properly labeled to ensure protection of human health and the environment.

“We are very concerned that pesticide products are labeled correctly and that the language is identical to what the Agency originally reviewed and approved,” said EPA’s Downey. “Labels are carefully worded to inform consumers about the safe use of a product and any risks.”

EPA first learned about the misbranded products by monitoring pesticide imports and finding that one of the company’s shipments coming into the U.S. had been denied entry at a foreign port. Further investigation revealed that several other shipments of clothing treated with “Insect Blocker” were returning to the U.S. with foreign product labels and then erroneously being redirected for domestic sale. Domestic sale of items that include pesticides must meet United States labeling requirements, which differ from those of other countries.

For additional information about pesticides, visit: http://www.epa.gov/pesticides/

StateRules: March 2012 - Columns - Pollution Engineering

StateRules: March 2012 - Columns - Pollution Engineering

News Release from EPA

Sauer Dump Added to EPA Superfund List

PHILADELPHIA (March 13, 2012) -- The U.S. Environmental Protection Agency announced today that it added the Sauer Dump in Dundalk, Md. to the Superfund National Priorities List (NPL).

The NPL is a national list of sites where hazardous contaminants could impact public health and/or the environment. NPL sites undergo a thorough investigation to determine the full nature and extent of contamination. EPA or the parties responsible for the contamination then address whatever risks the sites pose to human health and the environment.

The approximately 2.5-acre site, located adjacent to and behind Lynhurst Road, is being added to the NPL because the soil and sediment at the site contain high concentrations of semi-volatile organic compounds, metals, PCBs and pesticides. PCBs and lead are the primary contaminants of concern due to their extreme concentrations.

The partially wooded property is an inactive, privately-owned, unpermitted, former dump. The property was originally a marshland that was filled and stabilized by a past owner. During dump operations from the 1960s through the 1980s, hazardous substances were improperly stored and disposed of on the property.

            The Sauer Dump site is one of nine sites nationwide that EPA is adding to the NPL today. EPA is also proposing 10 other sites to the list today.

      For Federal Register notices and supporting documents for this and other sites, visit: http://www.epa.gov/superfund/sites/npl/current.htm

For information about how a site is listed on the NPL, visit: http://www.epa.gov/superfund/sites/npl/npl_hrs.htm                          

News Release from EPA

For Immediate Release:
March 13, 2012

EPA ORDERS VOTRAN TO STOP THE APPLICATION OF AN ANTIMICROBIAL PESTICIDE TO FOG ITS VEHICLES

Contact Information:  Dawn Harris-Young, (404) 562-8421, harris-young.dawn@epa.gov

ATLANTA - The U.S. Environmental Protection Agency (EPA) issued a Stop Sale, Use, or Removal Order (SSURO) to the Volusia County Public Transportation System (Votran), located in South Daytona, Fla. for alleged violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Votran is a service of the Volusia County government that provides transportation to all urban areas of the county with a fleet of buses, trolleys, and paratransit vehicles.

Based on a January 31, 2012 inspection of Votran’s offices, the EPA determined that Votran had been applying Sporicidin, an antimicrobial pesticide currently registered with the EPA, to the interior of its vehicles through a fogging machine.  The SSURO orders Votran to stop any further fogging of its vehicles with Sporicidin if the intended use is to disinfect the interior of vehicles via fogging. 

While Sporicidin is a registered EPA approved pesticide, its label authorizes users to apply it to pre-cleaned, hard, non-porous surfaces as a cleaner, disinfectant, and deodorizer by thoroughly wetting the surface, but does not authorize its use for fogging the interior of vehicles. Therefore, applying the disinfectant through fogging to disinfect the interior of Votran’s vehicles is not an acceptable and approved use of this product, and any such application is considered a violation of FIFRA.

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News Release from EPA Region 10 - FIFRA

EPA ensures Oregon distributor properly labels pesticides

Contact Info: Chad Schulze, EPA FIFRA Program, 206-553-0505, schulze.chad@epa.gov
Tony Brown, EPA Public Affairs, 206-553-1203, brown.anthony@epa.gov

(Seattle – March 1, 2012) Wilbur-Ellis Company, an international distributor of agricultural products located in Hood River, Oregon violated federal pesticide laws by repeatedly omitting important manufacturing information on product labels, according to a settlement with the U.S. Environmental Protection Agency.

The settlement follows an Oregon Department of Agriculture inspection of Wilbur-Ellis’s facility in 2010. Inspectors found that Wilbur-Ellis sold and distributed mislabeled “Supreme Oil,” an insecticidal spray, 37 separate times. The EPA immediately issued a Stop-Sale Order for the product and helped bring the company into compliance.

According to Scott Downey, manager of the EPA's pesticide unit in Seattle, proper labeling of pesticides is key to protecting people’s health and the environment.

“Sellers and distributors of pesticides know that proper labeling is the law.” Downey said. “These laws help ensure that agencies can track problem pesticides back to the producer when needed to protect public safety.”

Wilbur-Ellis has had similar violations of the federal Insecticide, Fungicide, and Rodenticide Act in the past. The company has agreed to pay a $50,320 fine for the violations and has committed to revising its labeling practices.

Supreme Oil is a plant-based insecticidal spray that controls a wide variety of insect pests on fruits and vegetables.

Maryland Company Settles Pesticides Violations

News release from EPA Region 3:

Maryland Company Settles Pesticides Violations

PHILADELPHIA (February 9, 2012) -- PAMEX Foods, Inc. of Forestville, Md., has agreed to pay a $158,880 civil penalty to settle alleged violations of federal pesticide regulations, the U.S. Environmental Protection Agency announced today.

EPA cited PAMEX for violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a federal law requiring the registration of pesticide products and pesticide-production facilities, and the proper labeling of pesticides.

FIFRA's requirements protect public health and the environment by ensuring the safe production, handling and application of pesticides; and by preventing false, misleading, or unverifiable product claims. FIFRA also prohibits the marketing of misbranded, improperly labeled, or adulterated pesticides.

EPA alleged that PAMEX violated FIFRA by selling two unregistered pesticides, Fabuloso Aroma de Bebe and Clorox Magia Floral, from its distribution facility located at 7900 Parston Dr., Forestville, Md. Fabuloso Aroma de Bebe, marketed as an antibacterial product, was sold 161 times, and Clorox Magia Floral, marketed as a disinfectant, was sold once.

As part of the settlement, the company neither admitted nor denied liability for the alleged violations, but has certified that it is now in compliance with FIFRA requirements.

For information about pesticides, call EPA's hotline at: 1-800-858-7378.

The U.S. Environmental Protection Agency also offers a hotline for Spanish-speaking citizens: a toll-free hotline where questions can be answered about pesticides. The Hotline Number is 1-888-919-4372.

For more information about EPA's pesticide program, visit: www.epa.gov/pesticides/.

Note: If a link above doesn't work, please copy and paste the URL into a browser.


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EPA Environmental Justice Grant to Help Farm Workers

News Release from EPA Region 2:

EPA Environmental Justice Grant to Help Farm Workers Reduce Pesticide Risks

Contact: Elias Rodriguez, 212-637-3664, rodriguez.elias@epa.gov

(New York, N.Y. - Jan. 23, 2012) The U.S. Environmental Protection Agency is providing a $25,000 grant to the Comite de Apoyo a los Trabajadores Agrícolas (CATA) to reduce exposure to pesticides for farm workers in southern New Jersey. CATA, a Latino-led nonprofit organization, will educate migrant farm workers throughout the counties of Atlantic, Burlington, Camden, Cumberland, Gloucester and Salem, New Jersey about the risks of pesticide exposure and how to protect their health during field work.

““EPA environmental justice grants provide much needed funds to tackle local pollution problems in low income communities," said Judith A. Enck, EPA Regional Administrator. "Exposure to pesticides can have serious effects on people’s health. The grant to Comite de Apoyo a los Trabajadores Agrícolas will train migrant farm workers in southern New Jersey about steps they can take to better protect their health on the job.”

Pesticides are intended to harm or kill pests and are toxic by design. They can be very harmful to people’s health depending on the toxicity of the pesticide and the level of exposure. According to the Centers for Disease Control, doctors diagnose between 10,000 and 20,000 farm workers with pesticide poisonings each year. Workers can become exposed to toxic levels of pesticides during spills, direct spraying or pesticide drift. In addition, migrant farm workers may not be supplied protective gear needed to protect their health or the equipment they do receive is defective.

Southern New Jersey has a large population of migrant farm workers. For the past twenty years, CATA has managed an environmental program that provides information on pesticide protection, the reduction of harmful chemicals in the workplace and general health and safety training. The EPA funding to CATA will help farm workers implement worker protection standards and identify training needs. Under the project funded by the grant, the group will survey workers and train them using the We Work with Pesticides curriculum developed by the Farm Worker Health and Safety Institute and approved by the EPA.

Environmental justice means the fair treatment and meaningful involvement of all people, regardless of race or income, in the environmental decision-making process. Since 1994, the environmental justice small grants program has provided more than $23 million in funding to community-based nonprofit organizations and local governments working to address environmental justice issues in more than 1,200 communities. The grants further EPA’s commitment to expand the conversation on environmentalism and advance environmental justice in communities across the nation.

More information on the Environmental Justice Small Grants program and a list of grantees: http://www.epa.gov/compliance/environmentaljustice/grants/ej-smgrants.html

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