Overview
The US Environmental Protection Agency (EPA) published its interim final rule on July 1, 2016 to adjust the civil monetary penalty amounts for statutes administered by the agency, including the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This adjustment will increase the maximum penalty for FIFRA violations from $7,500 to $18,750 (per shipment). This applies to civil penalties for violations that occurred after November 2, 2015 and are assessed on or after August 1, 2016. Thus, the new penalty amount will apply to all FIFRA civil enforcement actions after August 1, if the violation at issue occurred after November 2, 2015.
This adjustment is authorized under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended through 2015 (the 2015 Act). The 2015 Act provides for adjusting statutory civil penalties to reflect inflation, maintain a deterrent effect of statutory civil penalties, and promote compliance with the law. This interim final rule is a “catch-up” adjustment to adjust the statutory civil penalties with today’s dollars. Starting January 15, 2017, the 2015 Act will require agencies to make subsequent annual adjustments for inflation.
The full text of the interim final rule is available at the Federal Register.
If you have any questions or for further information, please feel free to contact Seth Goldberg at +1 202 429 6213, Cynthia Taub at +1 202 429 8133, or Sara Beth Watson at +1 202 429 6460.