12/20/2023: FIFRA NOTICE OF WARNING
The U.S. Environmental Protection Agency (EPA) has obtained evidence indicating that Tyler Johnson Enterprises, Inc. (TJE) appears to have violated requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Pursuant to Section 7(c) of FIFRA, 7 U.S.C. ? 136e(c), and regulations promulgated thereunder at 40 C.F.R. ? 167.85(d), a pesticide 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. Pursuant to Section 12(a)(2)(L) of FIFRA, 7 U.S.C. ? 136j(a)(2)(L), it shall be unlawful for any person who is a producer to violate any of the provisions of Section 7 of FIFRA.
The evidence obtained by the EPA indicates that TJE has failed to file, one or more annual Pesticide Report[s] for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-16) for one or more years and establishments. The annual report identified as missing are as follows
In response to the apparent violation of Section 7(c) of FIFRA and 40 C.F.R. ? 167.85(d), the EPA is issuing this Notice of Warning (NOW) to TJE pursuant to FIFRA Section 9(c)(3), 7 U.S.C. ? 136g(c)(3). The EPA has determined at this time that a NOW is the appropriate enforcement response for your