DPR Announces Agreement with Amazon to Pay Nearly $5 Million for Illegal Pesticide Sales in California | Bergeson and Campbell, PC

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On November 3, 2022, the California Department of Pesticide Regulation (DPR) announcement it has entered into a settlement agreement with Amazon.com Services, LLC (Amazon) regarding the illegal sale of pesticides in California. According to DPR, its review of Amazon found multiple violations. Among them, he sold pesticides not registered in California, failed to declare and pay the factory assessment fees associated with the sale of pesticides registered in California and did not hold a valid dealer’s license. pesticides.

Under the terms of the agreement, Amazon will pay DPR a total of $4.97 million – $3.69 million in unpaid pesticide sales assessment fees and related late penalties, and $1.28 million in dollars in civil penalties associated with retail sales of unregistered pesticides in California. DPR states that Amazon has also agreed to register as a pesticide broker and to report and pay the factory assessment fee associated with all future retail sales of California-registered pesticides.

Under California law, EPA-registered pesticides must also be registered by the state before they can be used, possessed, or offered for sale in California. Based on DPR’s assessment of a product’s potential risks and efficacy to human health and the environment, DPR may impose state-specific requirements, including additional data requirements or label usage restrictions.

California also has its own state requirements for factory assessments, which are fees payable for sales of pesticides registered with the DPR and sold in California. Specifically, a factory assessment is charged at the first point of sale of a pesticide in California. Generally, the registrant is responsible for reporting sales and paying the factory assessment when they know, at the time of sales, that the pesticide is being sold in California. If the registrant is unaware of it at the time of sale, the party that first sells the pesticide in California is responsible for reporting and paying the factory assessment. If a party other than the registrant is the first to sell a pesticide in or within California, that first selling party must obtain either a pesticide broker or a pest control dealer license (as applicable). ) from DPR.

Additional information on DPR programs is available here.

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