§136l Penalties

Summary

Allows the government to fine or jail people who break the pesticide rules. For civil penalties, registrants, commercial applicators, wholesalers, dealers, retailers, and other distributors can be fined up to $5,000 for each offense. Other people can be fined up to $1,000 after a written warning or a prior citation. People who only apply pesticides as a service (and do not deliver unused pesticide to customers) can be fined up to $500 for the first offense and up to $1,000 for later offenses. No civil fine can be imposed until the person gets notice and a chance for a hearing in the county, parish, or incorporated city where they live. The Administrator will weigh business size, effect on the business, and how serious the violation was, and may give a warning instead. If a fine can’t be collected, the Administrator will ask the Attorney General to sue in federal court. For knowing violations, serious criminal penalties apply. A registrant, registration applicant, or producer who knowingly breaks the rules can be fined up to $50,000, jailed up to 1 year, or both. A commercial applicator of a restricted-use pesticide or others who sell or distribute pesticides and knowingly break the rules can be fined up to $25,000, jailed up to 1 year, or both. A private applicator who knowingly breaks the rules is guilty of a misdemeanor and can be fined up to $1,000, jailed up to 30 days, or both. Anyone who, with intent to defraud, uses or reveals formula information obtained under section 136a can be fined up to $10,000, jailed up to 3 years, or both. The acts of an officer, agent, or employee are treated as the acts of the person or company they work for.