DEP Invoice or Financial Record, September 30, 2001

NYC 9/11 Public Portal Document

U.S. Says Memphis Company Falsely Labeled Its Pesticides By ANDREW C. REVKIN a settlement. In what it is calling its biggest The compounds in question were enforcement action ever in a pesti­ permethrin — a common ingredient cide case, the Environmental Protec­ in products for killing termites, mos­ tion Agency has accused a company quitoes, cockroaches and other pests based in Memphis of illegally mar­ — and acephate, which kills weevils keting millions of pounds of insecti­ and other garden pests. cides containing f^sely labeled im­ Under federal environmental ported ingredients. laws, American pesticide manufac­ The agency said in a civil com­ turers or sellers must seek registra­ plaint served on Sept. 12 that from tion from the agency for products 1996 to 1999, the Micro Flo Company, made or sold here and for imported a pesticide manufacturer that is ingredients. This is to ensure that owned by BASF, imported thousands there are no harmful impurities and of drums of insecticide ingredients that the products contain the appro- with false paperwork indicating that priate, tested ingredients, agency the drums came from a manufactur­ er in India approved by the agency. ______________ In fact, the agency said, the chemi- , cals came from imapproved manu- A atiestion Or the facturers in several countries. ”, The agency is seeking $3.7 million orisiuS of inffTedicntS in penalties for violations of federal pesticide laws pie company can termiteS Qud seek a settlement or argue its case before an administrative law judge. weevils and such. There was no evidence that anyone was harmed by any of the products made with the imported chemicals, said Marlene J. Tucker, a lawyer in lawyers said. the E.P.A.’s Atlanta regional office. In their complaint, agency officials But, Ms. Tucker added, “the whole described how thousands of drums of point of the statute is not that the ingredients had been imported with harm occurred but that the risk of labels saying they were from United harm is there.” Phosphorus, an approved pesticide Ms. Tucker said that illegal impor­ manufacturer in Bombay, when the tation and false labeling of pesticide materials actually came from many ingredients was not uncommon but factories elsewhere. was often difficult to prove. In this United Phosphorus has sued Micro case, she said, the agency visited a Flo and BASF, seeking $57 million in Micro Flo factory in Georgia where damages. the chemicals were used and found “Legitimate pesticides registered abundant evidence to support its with E.P.A. must undergo extensive case. Micro Flo and BASF, one of the testing and evaluation to prove that world’s largest chemical companies, they can be safely used,” said James both denied intentional wrongdoing C. Wright, a lawyer for United Phos­ and said the agency’s action was phorus. “Micro Flo, however, by­ inappropriate and a result of ambi­ passed this process in blatant disre­ guities in the law. gard for the health of American fam­ “Micro Flo does not agree with the ilies and children.” analysis that E.PA. has come up In a statement issued last week. with,” William Pagano, a spokesman Micro Flo’s president, Bryan Wilson, for the agriculture division of BASF, said, “Micro Flo has already put into said in an interview yesterday. place procedures intended to prevent . Mr. Pagano said Micro Flo execu­ recurrence of the conduct that E.P.A. tives planned to meet with federal claims to be a violation.” officials “to sort through all of that.” The company has 30 days from the time the complaint was filed to seek Job hunting? Check today's Times.

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