FIFRA Stakeholders: How to Respond to an Enforcement Action or Inquiry – Update from Bergeson & Campbell, P.C.

In a recent Bergeson & Campbell, P.C. (B&C®advisory memorandum, we noted that enforcement activity under the Toxic Substances Control Act (TSCA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) has been increasing during the last couple of years.  That memorandum provides guidance to TSCA stakeholders on how to respond to a typical U.S. Environmental Protection Agency (EPA) TSCA inspection letter, and notes that it is often unclear why a particular manufacturer or processor has received a TSCA inspection letter.  In our TSCA memorandum, we observed that enforcement activity under FIFRA has also been trending upward, and we stated that we would be addressing FIFRA enforcement actions in a separate memorandum. 

Although most parties subject to TSCA inspection receive a “boilerplate” letter, FIFRA enforcement actions tend to be more heterogeneous. Potential FIFRA enforcement communications include a notice or letter announcing that EPA has commenced an investigation or will conduct an inspection, a Notice of Warning (NOW), a refused Notice of Arrival (NOA) or a Notice of Detention (NOD), or a Stop Sale, Use, or Removal Order (SSURO).

The type of FIFRA enforcement action that EPA utilizes depends on the circumstances. Recent areas of special interest under FIFRA include imports of pesticide products and devices, product composition issues (e.g., a new active ingredient supplier, foreign or contract manufacturing), Internet sales and pesticidal claims, and “gray areas” such as cleaners with antimicrobial claims or fertilizers with biostimulant claims.

Read the full memorandum online by clicking here.

2200 Pennsylvania Ave., N.W.
Suite 100W
Washington, D.C. 20037
(202) 557-3800
(202) 557-3836 (fax)