We remind companies that produce any pesticide, active ingredient, or pest control device of their obligation to register with EPA and file both initial and annual production reports with the Agency.
EPA notes that there have been "significant changes" to EPA Form 3540-8 for registering an establishment and EPA Form 3540-16 for filing an initial or annual report.
The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) requires that production of pesticides or devices be conducted in a registered pesticide-producing or device-producing establishment. Production includes formulation, packaging, repackaging, and relabeling.
Upon approval of information submitted in Form 3540-8, EPA assigns a unique number to an establishment that produces any pesticide or device. FIFRA requires that each producing establishment place its EPA establishment number on the label or immediate container of each pesticide, device, or active ingredient produced.
An initial report on Form 3540-16 is due to EPA 30 days after the company is notified of its pesticide-producing or device-producing establishment number.
Also, each facility that produces pesticides or devices must submit a report to EPA by March 1 of each year even if there has been no production. The report must contain pesticide production information such as product registration number, product name, and amounts produced.
Failure to file an initial or annual production report is a violation of FIFRA and may result in termination of the establishment's registration, civil penalties up to $6,500 per violation, or criminal penalties.
Information on federal pesticide reporting obligations is available at http://www.epa.gov/compliance/monitoring/programs/fifra/establishments.html.