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be subject to civil fines and even criminal punishment pursuant to the authority vested in the EPA by 7 U.S.C. § 136l. In 2018, the EPA increased themaximum fine for each violation of FIFRA’s registration requirements to $19,446. A violation committed “knowingly” is subject to a fine not to exceed $50,000 or imprisonment for up to one year, or both. FIFRA violations involving the distribution or sale of a product may be assessed by the number of transfers or shipments, and the scope of distributions or sales may date back as much as five years from the date of the civil administrative complaint. The amount of fines depends, in part, on when the violation occurred and when penalties are assessed. When assessing penalties and punishment for violations of FIFRA, the EPA utilizes various enforcement response policies and guidance, including the EPA’s 2009 FIFRA Enforcement Response Policy. The EPA’s enforcement guidelines are available online. Industry participants are encouraged to become familiar with the EPA’s enforcement prerogatives. PPAI has long been an advocate of product safety and compliance throughout the supply chain. The recent increase in products unique to the “pest” known as COVID-19 has apparently awakened another sleeping regulatory giant in FIFRA and the EPA. Those in the promotional products industry who are engaged in themanufacture, sale, shipment or distribution of products governed by FIFRA and regulated by the EPA are wise to carefully evaluate the registration requirements as well as any labeling or advertising associated with those products. Cory Halliburton is an attorney withWeycer, Kaplan, Pulaski & Zuber, P.C., and he serves as general counsel for PPAI. This article is for general informational purposes only; it is not legal advice and should not be relied upon as such. Each recipient is encouraged to consult independent legal counsel before making any decisions concerning the matters in this communication. Additional Information Resources: The external websites or links provided here are not intended to support private or commercial organizations or businesses. They and this article are provided for general information purposes only. It is not legal advice and should not be relied upon as such. PPAI does not guarantee, approve or endorse the applicable entity, information or products available on the external sites. Each user is encouraged to seek independent legal counsel with regard to the subjects of this article. • Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Federal Facilities: www.epa.gov/ enforcement/federal-insecticide-fungicide-and-rodenticide-act-fifra-and-federal-facilities • Summary of the Federal Insecticide, Fungicide, and Rodenticide Act: www.epa.gov/laws-regulations/ summary-federal-insecticide-fungicide-and-rodenticide-act • FIFRA documents: www.epa.gov/sites/production/files/documents/fifra-erp1209.pdf • EPA’s FIFRA Questions and Answers: www.epa.gov/pesticide-labels/pesticide-labeling- questions-answers • EPA, Consumer Products Treated with Pesticides: www.epa.gov/safepestcontrol/consumer-products- treated-pesticides • Memo from Marcia Mulkey, EPA, to Persons Responsible for Registration of Pesticide Products: www.epa.gov/sites/production/files/2014-04/documents/pr2000-1.pdf • National Pesticide Information Retrieval System, Search Federal Pesticide Products: npirspublic.ceris.purdue.edu/ppis/default.aspx • Civil Monetary Penalty Inflation Adjustment Rule: www.govinfo.gov/content/pkg/ FR-2018-01-10/pdf/2018-00287.pdf PPAI has long been an advocate of product safety and compliance throughout the supply chain. The recent increase inproducts unique to the “pest” known as COVID-19 has apparently awakened another sleeping regulatory giant inFIFRA and the EPA. | SEPTEMBER 2020 | 73 THINK