Federal Insecticide, Fungicide, and Rodenticide Act Enforcement: U.S. Environmental Protection Agency and Crestwood, Illinois Chemical Facility Enter into Consent Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) and Crown Chemical, Inc. (“CCI”) entered into an October 10th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”). See Docket No. FIFRA-05-2026-0001.

The CAFO provides that CCI is a corporation doing business in the state of Illinois that owns or operates a place of business in Crestwood, Illinois.

EPA inspectors and the Illinois Department of Agriculture (“IDOA”) are stated to have conducted inspections at CCI’s Crestwood facility on July 9, 2024.

During the inspection, the inspectors are stated to have collected a label for Ready Quat Ready-to-Use Sanitizer. This product is stated to be a “pesticide” as that term is defined in Section 2(u) of FIFRA, because it is intended for preventing, destroying, repelling, or mitigating certain pests.

CCI is stated to have distributed or sold the sanitizer to its customers on three separate occasions. Further, CCI is stated to have distributed or sold the sanitizer when it was not a registered pesticide as required by FIFRA.

The inspectors are stated to have also collected a label for Blue Lagoon Acid Bowl Cleaner. The label is stated to identify the EPA registration number for Blue Lagoon Acid Bowl Cleaner as EPA Reg. No. 10324-158-35772.

The CAFO identifies certain language that is stated to be in the label. The cleaner is stated to be a “pesticide” as that term is defined in Section 2(u) of FIFRA, because it is intended for preventing, destroying, repelling, or mitigating certain pests. The EPA registration for Blue Lagoon Acid Bowl Cleaner is stated to have been cancelled on or about April 2, 2021.

CCI is stated to have produced the cleaner after April 2, 2021. Therefore, the CAFO alleges that from on or about June 6, 2022 through June 13, 2022, CCI distributed or sold Blue Lagoon Acid Bowl Cleaner, which was produced after the product registration was cancelled, on at least six separate occasions.

The CAFO assesses a civil penalty of $56,000.00.

A copy of the CAFO can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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