Scotts Miracle-Gro, a leading producer of pesticides for commercial and consumer lawn and garden uses, has been sentenced to pay $12.5 million in criminal fines and civil penalties for violating federal pesticide laws.
The company, which pleaded guilty in February 2012 to eleven criminal violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), will pay a $4 million fine and perform community service.
The company’s violations include illegally applying insecticides to its wild bird food products that are toxic to birds, falsifying pesticide registration documents, distributing pesticides with misleading and unapproved labels, and distributing unregistered pesticides.
In a separate civil agreement with the U.S. Environmental Protection Agency (EPA), Scotts agreed to pay more than $6 million in penalties and spend $2 million on environmental projects under a settlement that resolves additional civil pesticide violations.
The violations include distributing or selling unregistered, canceled, or misbranded pesticides, including products with inadequate warnings or cautions.
Scotts, the world’s largest marketer of residential use pesticides, has a special obligation to make certain that it observes the laws governing the sale and use of its products.
The company admitted to applying the pesticides Actellic 5E and Storcide II to its bird food products even though EPA had prohibited this use, resulting in the sale of over 70 million units of bird food illegally treated with pesticide that is toxic to birds.
Scotts also pleaded guilty to submitting false documents to EPA and to state regulatory agencies in an effort to deceive them into believing that numerous pesticides were registered with EPA when in fact they were not.
The company will contribute $500,000 to organizations that protect bird habitat, including the Ohio Audubon’s Important Bird Area Program, the Ohio Department of Natural Resources’ Urban Forestry Program, the Columbus Metro-Parks Bird Habitat Enhancement Program, and the Ohio Nature Education Association.
The largest criminal penalty under FIFRA to date, this sentence serves as a reminder of the importance of complying with federal pesticide laws and the consequences of violating them.
Defendant: Scotts Miracle-Gro
Criminal Charges: Eleven criminal violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
City and State: Columbus, Ohio
Exact Date: 2012
Sentence: $4 million fine, community service
Dollar Amounts: $12.5 million (criminal fines and civil penalties), $6 million (civil penalties), $2 million (environmental projects), $500,000 (contribution to bird habitat organizations)
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Key Facts
- State: Ohio
- Category: White Collar Crime
- Source: DOJ Press Release â†â€â€
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