What penalties may be assessed for not complying with the requirements of the bulk pesticide repackaging policy?
Penalties are based on violations of the statutory provisions of FIFRA. If a registrant, dealer, or other distributor is not repackaging according to the conditions set out in the policy, then the person repackaging must have a registration to sell or distribute the repackaged product or they will be considered to be selling or distributing an unregistered product. Under FIFRA, any registrant, commercial applicator, wholesaler, dealer, retailer, or other distributor who sells or distributes a pesticide in violation of section 12 of FIFRA may be subject to civil penalties of up to $5,000 per offense. In most cases, action will be taken under State law. Criminal provisions for knowing violations include up to a $50,000 fine or imprisonment up to one year or both. In addition, EPA or the States may issue a Stop Sale, Use or Removal Order (SSURO) to the dealer to prohibit further distribution or sale of the violative product.
