§136l Penalties

Summary

The Administrator can punish people who break the pesticide rules with civil fines and, in some cases, criminal charges. Registrants, commercial applicators, wholesalers, dealers, retailers, and other distributors can be fined up to $5,000 for each offense. Other people, like private applicators, who violate the rules after a written warning or a prior citation can be fined up to $1,000 per offense. If someone only applies pesticides as a service and does not leave any product with a customer, the first offense can be fined up to $500 and later offenses up to $1,000. No fine can be imposed without giving the person notice and a chance for a hearing in the county, parish, or city where they live. The Administrator will consider business size, the effect on the person’s ability to stay in business, and how serious the violation was, and may issue a warning instead when there was due care or little harm. If a civil penalty is not paid or cannot be collected, the Administrator will send the case to the Attorney General to recover the money in federal court. Knowingly breaking the rules can bring criminal penalties. Registrants, registration applicants, or producers who knowingly violate the law face up to $50,000 in fines, up to 1 year in jail, or both. Commercial applicators of restricted-use pesticides or others who sell or distribute pesticides or devices face up to $25,000 in fines, up to 1 year in jail, or both. Private applicators or others not in those groups who knowingly break the rules face a misdemeanor fine up to $1,000, up to 30 days in jail, or both. Anyone who, with intent to defraud, uses or reveals product formulas obtained under the law faces up to $10,000 in fines, up to 3 years in jail, or both. Actions by an officer, agent, or employee are treated as the actions of the person who employs them.