Document DGBmdZpzqqQ90JNGk2aeLgE7d

REGION 6 DA LLAS, TX 75270 FILED 31 JAN 25 PM 01:19 REGIONAL HEARING CLERK EPA REGION 6 1/31/2025 SENT BY ELECTRONIC MAIL jdondrea@fote.com John Dondrea Fruit of the Earth, Inc. 3324 West Trinity Boulevard Fort Worth, Texas 76155 Re: Notice of Warning for Late/Non-Reported Pesticide Production Reports EPA Docket No. FIFRA-06-2025-0341 Dear Mr. Dondrea: This letter constitutes a warning pursuant to Section 9(c)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136g(c)(3). The U.S. Environmental Protection Agency (EPA) is hereby alleging that Fruit of the Earth, Inc. is in violation of Section 12(a)(2)(L) of FIFRA, 7 U.S.C. 136j(a)(2)(L), for failure to file pesticide production reports (EPA Form 354016) for EPA-registered establishments as required by Section 7(c) of FIFRA, 7 U.S.C. 136e(c). Specifically, EPA records indicate that annual reports were not filed for the establishments by the March 1 due dates. EPA Est. No. 91673-TX-1 91673-TX-1 91673-TX-1 91673-TX-1 91673-TX-2 91673-TX-2 91673-TX-2 91673-TX-2 Report Year 2020 2021 2022 2023 2020 2021 2022 2023 Postmarked Date n/a n/a n/a July 31, 2024 n/a n/a n/a July 31, 2024 Status Non-reported Non-reported Non-reported Late Non-reported Non-reported Non-reported Late You are hereby advised to submit pesticide production reports, including all identified as non-reported, pursuant to the regulations promulgated at 40 C.F.R. 167.85(d) which states that a producer operating an establishment must submit an initial report no later than 30 days after the first registration of each establishment the producer operates. Thereafter, the producer must submit an annual report on or before March 1 of each year, even if the producer has produced no pesticidal product for that reporting year. Reports can be submitted electronically through EPA's Central Data Exchange (CDX) website. Please see the following link for additional information about electronic reporting for pesticide establishments: https://www.epa.gov/compliance/electronic-reporting-pesticideestablishments. Alternatively, a hard copy version of the form (for submission via conventional mail) is available at the following link: https://www.epa.gov/compliance/epa-form-3540-16pesticide-report-pesticide-producing-and-device-producing. EPA has determined this Notice of Warning is an appropriate enforcement response for the apparent violations of FIFRA. Subsequent violations of Section 7(c) of FIFRA, 7 U.S.C. 136e(c), may subject you to an administrative civil penalty of up to $24,8851 per violation and/or termination of your registration as a pesticide producing establishment. If you have any questions concerning this matter, please contact Kiera Hancock by phone at 214-665-3176 or by email at Hancock.Kiera@epa.gov. Sincerely, JEFF REy Yu RKDigitally signed by JEFFREY YURK Date: 2025.01.31 11 :39:49 -06'00' Jeffrey Yurk, Manager Waste and Chemical Enforcement Branch 1 This amount is revised yearly through the Civil Monetary Penalty Inflation Adjustment Rule.