Mark Kitchenman, Methyl Bromide Application Violations, Puerto Rico 2018

San Juan, Puerto Rico – Prestige Pest Management Corporation, doing business as Terminix, and its president, Mark Kitchenman, have been penalized for illegally applying a highly restricted pesticide, methyl bromide, in residential properties. The case, investigated by the Environmental Protection Agency (EPA), highlights the dangers of improper pesticide use and the potential health risks to the public.

According to court documents, Prestige and Kitchenman pleaded guilty in September 2017 to misdemeanor violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The offenses occurred in 2014, when the company knowingly applied methyl bromide in six homes *inconsistent with its labeling*. Methyl bromide is a powerful fumigant restricted for specific applications due to its toxicity and potential to cause severe health problems, including neurological damage, respiratory issues, and even death.

The EPA’s investigation revealed that Prestige failed to adhere to crucial safety protocols and labeling requirements when using methyl bromide. These requirements are in place to protect applicators and, more importantly, the residents of the treated properties. Improper application can lead to dangerous levels of pesticide residue lingering in homes long after the treatment, posing a significant health hazard.

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Sentencing and Penalties

On January 25, 2018, Prestige Pest Management was sentenced to pay a $25,000 fine and was placed on a four-year term of probation. As part of the probationary period, the company will be subject to EPA oversight and must demonstrate compliance with all federal pesticide regulations. Mark Kitchenman, the company president, received a one-year term of probation for his role in the violations.

The company’s actions violated specific sections of FIFRA: 7 U.S.C. 136(b)(1)(B), which prohibits the distribution or sale of pesticides that are not properly labeled, and 7 U.S.C. 136j(2)(G), which prohibits the use of a pesticide in a manner inconsistent with its labeling. These violations carry both criminal and civil penalties, designed to deter companies from endangering public health and the environment.

Key Facts

Defendant: Prestige Pest Management Corporation, d/b/a Terminix & Mark Kitchenman
Crime: Illegal application of methyl bromide pesticide
Location: Puerto Rico
Year of Offense: 2014
Guilty Plea: September 2017
Sentencing Date: January 25, 2018
Company Fine: $25,000
Company Probation: 4 years
Individual Probation: Mark Kitchenman – 1 year
Violated Laws: 7 U.S.C. 136(b)(1)(B), 7 U.S.C. 136j(2)(G)

This case serves as a stark reminder of the importance of strict adherence to pesticide regulations. The EPA continues to prioritize enforcement actions against companies and individuals who put public health and the environment at risk through illegal pesticide practices. Residents who suspect improper pesticide application are encouraged to contact the EPA or their state pesticide regulatory agency.

Source: EPA ECHO Enforcement Case Database

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