Enforcement & Product Defense

EPA partners with state governments in the regulation of pesticides. State agencies have primary responsibility for regulating the use of pesticides and are among the enforcement agencies of FIFRA, frequently contacting registrants regarding a product, its registration status or a problem with its use. State agencies have overall responsibility for pesticide incident investigations, analyzing domestic and imported produce for pesticide residues, and ensuring compliance with pesticide product registration and labeling requirements. Violations of the requirements and prohibitions under FIFRA or state law, such as the sale of “misbranded” or “adulterated” pesticides, or the sale, possession or use of pesticides that are not registered, or whose registration is suspended or canceled, are prosecutable as “unlawful acts.”

Ensuring that a pesticide product is compliant with all regulatory requirements is a necessity, and companies must be prepared to defend their products against adverse actions proposed by regulatory agencies enforcing the law. States that previously depended on
federal compliance as their foundation are finding it appropriate to independently evaluate pesticide issues within their jurisdictions, from groundwater and air quality concerns to public health issues.

TSG’s regulatory team has extensive experience with product defense issues and understands how to coordinate these efforts with EPA. This includes communicating with government officials during reevaluation of compounds, providing review and comments on draft documents presented for public review, and bringing companies’ product composition and labeling in compliance with new regulations. In the case of adverse actions, TSG works with companies and their legal teams to defend the product in appeals venues.