Pesticide Manufacturing and Formulation
People rely on pesticide manufacturing and formulation to control pests, disease carriers, insect infestations and weeds. And while the pesticide industry is shifting toward safer formulations, it currently faces considerable challenges, such as increased anti-pesticide sentiment, the consolidation of major pesticide manufacturers, low/uncertain agricultural prices, low-cost foreign competition and the potential impacts of EPA budget cuts, particularly with regard to the pesticide registration process.
Taft attorneys who practice in the pesticide industry stay involved and informed — we make it a point to monitor recent events shaping the industry and to update our clients. We routinely visit client manufacturing, distribution and warehousing facilities to better understand the daily issues our clients face. Our environmental attorneys are all litigators with trial experience, giving us an added perspective when evaluating a client’s pesticide-related needs. Nothing gets “lost in translation” when a pesticide compliance issue turns into a pesticide litigation issue.
Taft attorneys who practice in the pesticide manufacturing and formulation industry perform the following services:
- Ensure compliance with all aspects of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and state pesticide laws, rules and regulations affecting the manufacture, distribution, sale and transport of pesticide products.
- Defend civil and criminal enforcement actions by U.S. and state governments for alleged pesticide-related violations (e.g., sale/distribution of misbranded or misformulated products, improper use/disposal/storage/transportation of pesticides and failure to adequately maintain required pesticide records).
- Draft and negotiate pesticide-related contracts, including contract manufacturing/toll formulation, supplemental registration and distribution, confidentiality/non-disclosure, purchase and supply, data cost-sharing/compensation and task force agreements.
- Provide advice and analysis regarding FIFRA cost-sharing and data compensation requirements, including negotiating and resolving cost sharing/data compensation disputes.
- Litigate (including CERCLA litigation) matters involving the manufacture, sale, distribution, transport, use and release of pesticides.
Representative matters for pesticide manufacturing and formulation industry clients include:
- Assisted pesticide clients with responding to emergency situations affecting their business and facilities (e.g., fires, chemical releases and hurricanes).
- Handled pesticide manufacturing client’s CERCLA litigation at more than a dozen sites nation-wide related to historical disposal of pesticide-related wastes.
- Resolved dozens of civil and criminal inquiries and actions involving pesticide-related allegations.
- Negotiated or drafted hundreds of contracts for pesticide clients.