Farm and Ranch Supply Co. discovers a cache of an unknown herbicide in a back corner of its warehouse. Farm and Ranch repackages the product, relabeling it as “Farmer’s Friend” and stating on the label and in advertisements that it is a new product “guaranteed to kill blackberries.” Farm and Ranch has
|a. not violated any law.
|b. violated the CERCLA and is subject to civil and criminal penalties.
|c. violated the RCRA and is subject to civil and criminal penalties.
|d. violated the FIFRA and is subject to civil and criminal penalties.
d. violated the FIFRA and is subject to civil and criminal penalties.
Option (d) is correct: “violated the FIFRA and is subject to civil and criminal penalties.” Let’s break down the explanation:
FIFRA stands for the Federal Insecticide, Fungicide, and Rodenticide Act. This is a federal law in the United States that regulates the registration, distribution, sale, and use of pesticides, including herbicides. Under FIFRA, it is illegal to sell or distribute an unregistered pesticide, and the law establishes specific requirements for labeling and advertising of registered pesticides.
In the scenario you provided:
- Farm and Ranch Supply Co.: By discovering an unknown herbicide, repackaging it as “Farmer’s Friend,” and making claims about its effectiveness on blackberries, Farm and Ranch has violated FIFRA. The herbicide was not registered with the appropriate regulatory authorities as required by FIFRA, and the relabeling and advertising without proper registration constitute a violation of the law.
As a result, Farm and Ranch could be subject to civil and criminal penalties under FIFRA for the illegal distribution and sale of an unregistered pesticide and for making false or misleading claims about its effectiveness. Therefore, option (d) is the correct answer.