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EPA Releases Consent Agreement and Final Order in Settlement with AFCO C&S, LLC on FIFRA Violations Related to Unregistered and Misbranded Pesticides

EPA recently released the Consent Agreement and Final Order (CAFO) for the October 31, 2019, settlement discussed in our blog post “EPA Settles Two Cases Regarding Unregistered and Misbranded Pesticides.”  This October 31, 2019, settlement between U.S. Environmental Protection Agency (EPA) Region 3  and AFCO C&S, LLC (AFCO), a chemical company located in Chambersburg, Pennsylvania, to resolve alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).  Pursuant to the CAFO, AFCO agreed to pay a $1,489,000 penalty to settle the alleged violations that involved the use of 12 products to clean and sanitize food and beverage processing facilities.

The CAFO provides more information on the violations Region 3 alleged.  The CAFO allegations state that AFCO sold and distributed 10unregistered pesticide products on at least 1,031 separate occasions in violation of FIFRA Section 12(a)(1)(A).  The CAFO also alleges that AFCO sold and distributed a product that made claims beyond those permitted by its FIFRA registration on at least five separate occasions.  It additionally alleges that AFCO sold or distributed a misbranded pesticide on 41 separate occasions.

EPA initially collected the information during an inspection of AFCO’s establishment in Chambersburg, Pennsylvania on June 20, 2016.  The settlement also addresses violations of a Stop Sale, Use or Removal Order (SSURO) that EPA issued to AFCO on July 13, 2018, requiring AFCO to immediately cease all sales and distributions of the 12 products.  The CAFO alleges that AFCO engaged in sales and distributions that violated this order, having sold or distributed the products from at least January 1, 2015, through either August 8 or August 9, 2019.  AFCO has since discontinued sales of all of the involved products, except for one registered product, for which EPA issued an Order Modification letter on March 4, 2019, allowing AFCO to recommence sales.

AFCO will pay the civil penalty within one year in 12 equal monthly installments, plus interest payment of $7,954.96, totaling $1,496,954.96.

©2020 Bergeson & Campbell, P.C.

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About this Author

Lisa R. Burchi, Toxic Substances Control Act Attorney, FIFRA Lawyer, Bergeson and Campbell, Law firm
Of Counsel

Lisa Burchi's work involves Toxic Substances Control Act (TSCA) and Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regulatory matters. She has particular expertise in data compensation matters under FIFRA, the European Union's (EU) Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), Biocide Product Regulation (BPR), and Plant Protection Product (PPP) Regulation, and also counsels on matters related to California law, including Proposition 65 and the recent Green Chemistry Initiative/Safer Consumer Products Regulations. She delivers...

949-494-3181
Kelly N Garson, Associate with Bergeson & Campbell, P.C. (B&C®)
Associate

Kelly N. Garson is an Associate with Bergeson & Campbell, P.C. (B&C®). Ms. Garson assists clients with Toxic Substances Control Act (TSCA), Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and other federal and state regulatory matters; researches and prepares white papers, briefs, and regulatory memoranda to provide B&C clients with knowledge and strategy to meet regulatory challenges and seize competitive opportunities; and augments the timely and efficient delivery of outstanding client services by the B&C team.

Ms. Garson developed her skills in handling regulatory matters at the local, state, and federal level through an impressive track record of clerkships and internships, including positions with the U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance; the U.S. Department of Justice, Environment and Natural Resources Division; the New York State Department of Environmental Conservation, Region 2 Office; and the New York City Office of Administrative Trials and Hearings.

Ms. Garson holds a JD from The George Washington University Law School, where she served as Editor-in-Chief of the George Washington Journal of Energy and Environmental Law, and degrees in history and environmental studies with a concentration in policy and law from Binghamton University, State University of New York.

Professional & Community Involvement:

Office of the Attorney General for the District of Columbia, Legal Intern for the Commercial Division, 2018

U.S. Environmental Protection Agency, Honors Law Clerk for the Office of Enforcement and Compliance Assurance, 2018

U.S. Department of Justice, Environment and Natural Resources Division, Law Clerk for the Land Acquisition Section, 2017

New York City Office of Administrative Trials and Hearings, Legal Intern, 2017

New York State Department of Environmental Conservation, Region 2 Office, Legal Affairs Intern, 2014

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