On May 29, 2015, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) published the “Interim Enforcement Guidance for Hazard Communication 2012 (HCS 2012) June 1, 2015 Effective Date” (Interim Guidance). This is a follow-up document to the February 9, 2015, “Enforcement Guidance for the Hazard Communication Standard’s (HCS) June 1, 2015 Effective Date” (Enforcement Guidance). The Interim Guidance offers clarity on a few specific...
Category: Pesticides and Biocides
On May 8, 2015, in El Comite Para El Bienestar De Earlimart v. EPA, a Panel of the U.S. Court of Appeals for the Ninth Circuit denied a petition for review filed by several groups that the court describes as “community organizations” who challenged the U.S. Environmental Protection Agency’s (EPA) 2012 approval of California State Implementation Plan (SIP) elements under the Clean Air Act (CAA), including its related approval of certain fumigant regulations. This challenge was...
The April 30, 2015, Bloomberg BNA Daily Environment Report discussed correspondence between the U.S. Environmental Protection Agency (EPA) and its inspector general over the value of pesticide inspections. The article quoted James V. Aidala. Tempest in a Teapot Jim Aidala, a senior consultant at the firm Bergeson and Campbell and the former head of what is now the EPA’s Office of Chemical Safety and Pollution Prevention, described the disagreement as a...
February 26, 2015
Border Security: EPA’s Increased FIFRA Import Enforcement Initiative
March 12, 20152:00 p.m. – 3:00 p.m. (EDT) This webinar has occurred. For copies of presentation materials contact chad.howlin@lawbc.com. Bergeson & Campbell, P.C. (B&C®) is pleased to host a complimentary webinar on recent compliance and enforcement issues regarding the importation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The U.S. Environmental Protection Agency’s (EPA) 2014 revisions to its Notice of Arrival (NOA)...
February 17, 2015
Save the Date – Border Security: EPA’s Increased FIFRA Import Enforcement Initiative
March 12, 20152:00 p.m. – 3:00 p.m. (EDT) Bergeson & Campbell, P.C. (B&C®) is pleased to host a complimentary webinar on recent compliance and enforcement issues regarding the importation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The U.S. Environmental Protection Agency’s (EPA) 2014 revisions to its Notice of Arrival (NOA) form (EPA Form 3540-1), coupled with EPA’s increasing scrutiny of pesticide imports, indicate that this...
September 10, 2014
Lynn L. Bergeson quoted in Bloomberg BNA Daily Environment Report Story “EPA ‘Open for Business’ on Nanosilver, Administrative, Enforcement Actions Indicate.”
Bloomberg BNA Daily Environment Report featured comments by Lynn L. Bergeson regarding the Environmental Protection Agency’s (EPA) recent conditional registration of HeiQ’s nanosilver pesticide to be used on textiles. In the article, Bergeson is quoted as saying “the relevance of HeiQ is not just that the EPA approved a single application under the terms of FIFRA. It also telegraphs that EPA is open for business for the purposes of reviewing applications. That’s a big deal.” The...
B&C’s Sheryl L. Dolan and Lisa R. Burchi were featured in a Bloomberg BNA Daily Environment Report story “Clear Supply Chain Roles, Responsibilities Help Avoid FIFRA Violations, Attorneys Say,” which is available in its entirety online, and is excerpted below. Copies of the webinar presentation slides, “EPA’s Supplemental Distribution: Enforcement Actions Are Buzzing: How to Avoid Getting Stung,” are available by...
July 2, 2014
EPA’s Supplemental Distribution Enforcement Actions Are Buzzing: How to Avoid Getting Stung
Wednesday, July 23, 20141:00 p.m. – 2:00 p.m. (EDT) The U.S. Environmental Protection Agency (EPA) has made good on its intent to focus enforcement efforts on Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) supplemental distribution, resulting in several settlements with significant penalty assessments. Bergeson & Campbell, P.C. (B&C®) recently issued a memorandum discussing the enforcement actions, the regulatory requirements for supplemental distribution, and...
The Federal Trade Commission (FTC) has stepped-up its enforcement initiatives and recently settled two cases with companies that market plastic lumber and related products. FTC alleged that these companies misled consumers in violation of Section 5 of the Federal Trade Commission Act (FTC Act) in their marketing materials regarding the environmental attributes of their products. Specifically, these cases hinge on claims related to the recycled content and post-consumer content of their products....
June 25, 2014
EPA’s Enforcement Efforts Regarding FIFRA Supplemental Distribution and How to Avoid Noncompliance
Under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 3(e), a registrant may distribute or sell its registered product under another person’s name and address instead of (or in addition to) its own without a separate FIFRA Section 3 registration. Such distribution and sale is termed “supplemental distribution” (sometimes referred to as a sub-registration) and the product is referred to as a “distributor product.” FIFRA § 3(e), 7 U.S.C. §...