The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) Generally and Penalties
FIFRA regulates:
- the manufacture of toxic pesticides,
- the registration of toxic pesticides and
- the sale and transportation of toxic pesticides.
If any individual or corporation knowingly violates the Act and is convicted of violating the Act, the individual may be fined a maximum amount of $50,000 and/or may be sentenced to one year in prison. If a corporation is convicted of violating the Act, it may be fined a maximum amount of $25,000 and/or its officers may be sentenced to one year in prison.
The Hazardous Materials Transportation Uniform Safety Act
The Hazardous Materials Transportation Uniform Safety Act governs both intrastate and interstate transportation of hazardous materials. Hazardous materials include:
- flammable gasses,
- explosives,
- other regulated hazardous wastes and hazardous substances.
Any individual or corporation that knowingly alters, removes, destroys or tampers with any required marking or document description or with any package, container, motor vehicle, rail freight car, aircraft or vessel used to transport hazardous material may be charged with violating the Act. If an individual or corporation is convicted of a violation under the Act either may be fined and/or sentenced for not more than five years in prison. The prosecutor is required to show that the individual or corporation willfully violated the Act.
The Toxic Substances Control Act Generally
The Toxic Substances Control Act requires manufacturers and producers of a number of toxic chemical substances to perform extensive testing on the substances. Further, the manufacturers and producers are required to keep records on the products they manufacture. The EPA requires that either the manufacturer or producer notify the EPA prior to the production of the substance.
The Act also regulates the production, storage, and disposal of hazardous chemical substances. A manufacturer or producer may be charged with violating the Act if they do not properly store or dispose of certain materials such as polychlorinated biphenyls or electrical equipment contaminated by polychlorinated biphenyls.
Criminal Penalties
If the manufacturer or producer fails to comply with any of the requirements set forth under the Act, criminal liability may result. If the manufacturer or producer is convicted of knowingly or willfully violating any provision under the Act, it may be fined a maximum of $25,000 per day and/or may sentenced to a maximum of one year imprisonment.
