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EPA SIGNS CONSENT AGREEMENT AND FINAL ORDER WITH MICRO FLO, LLC TO SETTLE FIFRA VIOLATIONS

Release Date: 09/19/2002
Contact Information: Wesley Lambert, Media Relations-(404) 562-8316

The U.S. Environmental Protection Agency (EPA) announced today the settlement of an administrative complaint against Micro Flo Company, LLC (Micro Flo) for violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The settlement requires Micro Flo to pay a civil penalty of $1,053,858. The settlement was a result of EPA and Micro Flo's cooperative participation in Alternative Dispute Resolution, which was facilitated by an Administrative Law Judge. Historically, this penalty is significant because it is the second largest penalty assessed under FIFRA by EPA. During the period of May 9-12, 2000, an EPA inspector conducted a producer establishment inspection at Micro Flo's primary pesticide formulation facility in Sparks (Cook County), Georgia. In addition, on May 10-11, 2000, an EPA inspector conducted a comprehensive inspection at Micro Flo's warehouse located in Tifton, Georgia. Based upon the findings at the respective inspections and a review of records submitted by Micro-Flo, EPA filed an administrative Complaint alleging that Micro Flo was in violation of FIFRA. The Complaint included 669 counts and assessed a penalty of $3,674,500. The complaint primarily alleged Micro Flo offered for distribution and sale several technical grade active ingredients (TGAIs) and end-use pesticide products which differed in composition(s) at the time of sale or distribution from the composition(s) described in the statement(s) required in connection with the registration(s); and Micro Flo falsified the Notice of Arrivals accompanying multiple shipments of TGAIs and end-use pesticide products, by using the EPA Establishment Number of an approved producer while importing from several unapproved producers. Micro Flo is a subsidiary of BASF Corporation, and is in the business of manufacturing, marketing and selling of certain end-use pesticide products which contain specific technical grade active ingredients. These products are sold to end-users such as farmers for use on food crops, structural pest control professionals, and homeowners for use as general insecticides.