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Pacific Southwest, Region 9

Serving: Arizona, California, Hawaii, Nevada, Pacific Islands, Tribal Nations

Pesticides Enforcement Accomplishments, Fiscal Year 2004

Enforcements Accomplishments 2004 Quick Finder
Enforcement Accomplishments 2004 Home Air Criminal investigation Land Pesticides Supplemental Actions Tribal Water
Photo: dangerous pesticides warning sign
Dangerous pesticides warning sign posted for workers.
EPA’s pesticide regulations require registration and approved labels on all pesticides before they are sold in the United States. EPA’s Pesticide Program addresses several issues related to the Federal Worker Protection Standard, which protects farm workers and others who work where pesticides are used. For more information, go to www.epa.gov/pesticides.

EPA files complaint against vegetable farmer for failing to protect field workers from pesticides

EPA filed a complaint against a Scottsdale, Ariz.-based lettuce farmer for allegedly failing to protect workers from pesticide exposure in lettuce fields near Olathe, Colorado. The EPA is seeking penalties up to $9,460 from Cactus Produce, Inc. for failing to provide required decontamination supplies and pesticide safety information to its employees working in lettuce fields in 2002. The complaint also alleges that the company failed to ensure that its workers were adequately trained in pesticide safety, and failed to notify them about recent pesticide applications in the fields they worked in.

EPA cracks down on illegal pet pesticide products

EPA initiated a multi-state effort to protect consumers from illegal pesticide products, most recently fining companies in three western states a total of $748,000 for trafficking in counterfeit and/or unregistered pet products. EPA is seeking fines of $357,000 from Rizing Sun, LLC Peoria, Ariz., and $341,000 from Pang & Son Distribution LLC, Honolulu, Hawaii. The third company, Tidalwave Distribution Inc., Torrance, Calif., recently agreed to settle with EPA for $50,000. The counterfeit pesticides, packaged to look like legitimately registered pesticides sold in the United States, appeared to have been unlawfully imported. These actions follow a series of earlier enforcement actions taken by EPA this year against illegal pesticide traffickers. EPA issued “Stop Sale” orders to 56 companies in seven states, ordering them to stop selling unregistered pesticide pet products. Further information, including photos of legitimate products, is available at: http://www.epa.gov/pesticides/factsheets/petproduct.htm.

EPA ensures level playing field for pesticide manufacturers and distributors

EPA fined Dollar Tree Stores in Las Vegas, Nev., $4,400 for selling a pesticide product cancelled in 2002, “Tiny Tiger” cat flea and tick collars. The collars are cancelled because the pesticide in them, chlorpyrifos, poses a health threat to children. EPA also cited Salt Lake City-based Steve Regan Co. for allegedly distributing and selling Diazinon 4F/AG500 to Whipple Pest Control, a non-certified applicator in Mesquite, Nev. Diazinon 4F/AG500, a restricted use pesticide, can only be applied by a certified applicator, or someone supervised by a certified applicator. Both violations were discovered by the Nevada Department of Agriculture during inspections in March 2003. EPA has classified certain pesticides posing significant human health or environmental hazards as restricted use pesticides. For more information on pesticides go to: http://www.epa.gov/pesticides/

EPA seeks $154,000 from California companies for selling misbranded pesticides

EPA is seeking $154,000 in penalties from two Northern California companies for allegedly distributing unregistered and misbranded pesticides. Chemical Compounding Co. of Oakland, and PolyChem of Novato, Calif., allegedly distributed two canceled and misbranded industrial biocides. Businesses are responsible for ensuring that each pesticide it sells or distributes is properly registered with EPA. Before registering a new pesticide or approving a new use for a registered one, EPA must first ensure that the pesticide, when used according to label directions, can be used without posing unreasonable risks to people or the environment. For registration information on approximately 90,000 products, go to
http://www.cdpr.ca.gov/docs/label/labelque.htm#regprods

EPA cites stores for unauthorized mothball sales

EPA fined Bally’s Brother Company, Inc in Yorba Linda, Calif., $3,168 for the alleged sale and distribution of an unregistered mothballs. EPA cited the company for allegedly selling and distributing naphthalene–in the form of mothballs–without registering it with the EPA. The company sold and distributed the mothballs to Lion Food Center, an Asian supermarket in Fremont, Calif. For more information on unregistered pesticides, go to: www.epa.gov/pesticides

EPA develops compliance brochure to help businesses avoid selling illegal pesticides

EPA has produced a brochure to help businesses comply with federal pesticide regulations: “Protect Your Business: Avoid Selling Illegal Pesticides

The brochure was also translated into Chinese and used in areas known to have a compliance problem. EPA and the San Francisco Agriculture Commissioner’s Office staff visited more than 30 stores in San Francisco’s Chinatown district to distribute the brochure. Illegal pesticides were found in 12 of the stores. Store owners and managers were also shown both legal and illegal products in order to clarify the differences between them.

A revisit to measure the success of the visits found all but one of the stores were in compliance. Based on a tip from a concerned citizen, EPA conducted the same exercise in Oakland’s Chinatown. EPA mailed approximately 660 copies of the brochure were mailed to discount stores throughout the Pacific Southwest Region.

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