Hendrix and Dail Settles Pesticide Violations

Hendrix and Dail has agreed to pay a $15,000 penalty to settle alleged violations of federal pesticide regulations that occurred at a nursery in Montgomery County, Pa., the U.S. Environmental Protection Agency announced today. Hendrix and Dail, a commercial pesticide applicator, is headquartered in Greenville, N.C.

EPA cited Hendrix and Dail for violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a federal law requiring the registration of pesticide products and pesticide-production facilities, the proper labeling of pesticides, and the proper handling and application of pesticides. FIFRA’s requirements protect public health and the environment by ensuring the safe production, handling and application of pesticides; and by preventing false, misleading, or unverifiable product claims.

EPA alleged that Hendrix and Dail violated five FIFRA worker protection standards (including pesticide label requirements) concerning the application and use of a restricted use pesticide MBC-33 at a nursery in Montgomery County, Pa., in June 2003. The violations include failure to: post warning signs; failure to ensure the nursery was aware of necessary safety information related to the pesticide; allowing improperly trained and equipped handlers to assist with the application process (nursery employees shoveled dirt onto the edge of the tarpaulin used in the application); and two counts related to the tarpaulin being removed without the direct supervision of a certified applicator.

As part of the settlement, the company neither admitted nor denied liability for the alleged violations. The company has certified to EPA that it currently is complying with applicable provisions of FIFRA and the applicable pesticide label requirements with respect to each pesticide application it is performing in the United States. All inquiries to Hendrix & Dail should be made to Dennis Nino, Esq., General Counsel, at (408) 398-4352.

Visit http://www.epa.gov/pesticides for more information about EPA’s pesticide program.