FIFRA NOW: 11/29/2024
Hawthorne Ace Hardware
Notice of Warning for Non-filing of Pesticide Reports
Docket No.: FIFRA-04-2024-3753
The U.S. Environmental Protection Agency (EPA) has obtained evidence indicating that Hawthorne Ace
Hardware 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 Hawthorne Ace Hardware has failed to file, one or
more annual Pesticide Reports for Pesticide-Producing and Device-Producing Establishments (EPA Form
3540-16) for one or more years and establishments. The annual reports 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 Hawthorne Ace Hardware pursuant to FIFRA S