§136l Penalties

Summary

People and businesses that break the pesticide rules can be fined or sent to jail. For civil penalties, registrants, commercial applicators, wholesalers, dealers, retailers, or other distributors can be fined up to $5,000 for each offense. Private applicators or others not listed there can be fined up to $1,000 for each offense after a written warning or a prior citation. A private applicator who only provides pest-control service without giving out any unapplied pesticide can be fined up to $500 for the first offense and up to $1,000 for later offenses. No fine can be imposed until the person is given notice and a chance for a hearing in the county, parish, or incorporated city where they live. The Administrator must think about business size, effect on the person’s ability to stay in business, and how serious the violation is. If the person used due care or there was no significant harm, the Administrator can issue a warning instead of a fine. If a civil fine is not paid, the Administrator will ask the Attorney General to sue in federal court to collect it. Knowingly breaking the rules can lead to criminal punishment. A registrant, applicant for registration, or producer who knowingly violates the rules can be fined up to $50,000, imprisoned up to 1 year, or both. A commercial applicator of a restricted-use pesticide, or others who sell or distribute and knowingly break the rules, can be fined up to $25,000, jailed up to 1 year, or both. A private applicator who knowingly violates the rules commits 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 product formulas obtained under the law can be fined up to $10,000, imprisoned up to 3 years, or both. Acts of an officer, agent, or employee are also treated as acts of the person who employs them.