EPA, Hydrofarm settle pesticide issue in court

Hydrofarm agrees to pay 316K and has stopped selling the two unregistered pesticides it distributed, according to the EPA.


The U.S. Environmental Protection Agency announced April 3 that it had reached a settlement with Hydrofarm, Inc. for selling two unregistered pesticides in violation of federal pesticide law. As part of the settlement, the Petaluma, Calif.-based Hydrofarm, Inc., one of the nation’s largest distributors of agricultural and hydroponic supplies, has agreed to pay $316,000 in fines and has stopped selling both products, according to the news release from the EPA.

The inspection at Hydrofarm was conducted by EPA staff. Hydrofarm was targeted based on a tip resulting from a California Department of Pesticide Regulation inspection at a separate hydroponic store.

Peter Wardenburg, president of Hydrofarm, said via an email statement that the labeling and registration issues were with products that Hydrofarm distributes, not those it manufactures.

“We have always operated in an effort to conform to all applicable regulations for the products we distribute, but due to receiving some misinformation on the sulfur labeling and how it can be sold and a catalog wording issue on the hydrogen peroxide, we were contacted by the EPA,” Wardenburg said. “When this matter was brought to our attention more than a year ago, we immediately took corrective action. We now require all of our vendors to warranty their products for proper labeling and registration where applicable.”

Hydrofarm sold sulfur to control mildew through vaporization in greenhouses without any instructions or precautionary language to minimize risks to individuals from exposure to the product, according to the EPA. The EPA has not yet evaluated the human health risks associated with the use of vaporized sulfur in greenhouses.

The company also sold “Nutralife Plant Products H2O2”— a 29 percent hydrogen peroxide product used to sanitize and disinfect hydroponic equipment and growing areas — without adequate directions for use and safety precautions, the EPA stated. Registered products with similar hydrogen peroxide concentrations require users to wear protective clothing.

“This action is part of [the] EPA’s effort to protect agricultural employees and consumers from pesticide products that are not approved by the federal government,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “It is critical that companies selling pesticides provide users with the information they need to safeguard their health and the environment.”

Before selling or distributing any pesticide in the U.S., companies must register the pesticide with the EPA. The domestic sale or distribution of pesticides that have not been registered with the EPA, such as the two unregistered pesticides sold by Hydrofarm, is a violation of the Federal Insecticide, Fungicide, and Rodenticide Act, which ensures the safe and appropriate distribution, handling, and application of pesticides.

For more information on EPA’s pesticide registration process, please visit: http://www.epa.gov/opp00001/regulating/registering.