FIFRA

The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) is the foundation of the federal government’s regulation of pesticide and pesticide device development, manufacture, promotion and sale.  The United States Environmental Protection Agency is the federal agency charged with its enforcement, with various state agricultural or environmental agencies holding independent enforcement authority under their respective state programs. 

MGKF represents private clients whose operations are regulated by FIFRA, including clients in the chemical manufacturing, distribution, sales, services, and retail industries.  Representative matters include advising chemical manufacturers on registration of pesticide products, pesticide devices, and pesticide producing establishments; advising manufacturers, distributors and retailers on licensure of pesticide registrations and defense of proprietary research and development data; advising retailers and suppliers on consumer products’ compliance with FIFRA labeling, promotion, import/export and sales regulations; defending clients against state and federal enforcement actions related to FIFRA compliance issues; and pursuing cost recovery from suppliers or other business partners who may run afoul of FIFRA and related state laws. 

Some examples of our FIFRA experience include the following:

• Enforcing the exclusive FIFRA proprietary data rights of an antimicrobial pesticide product manufacturer against competitors seeking registration of similar products and uses;
  
  
• Advising national retailers, service providers, and suppliers on FIFRA compliance issues associated with various antimicrobial, pesticide, and pesticide device products;
  
  
• Prosecuting and defending civil and administrative matters involving alleged violations of FIFRA and related state statutes