Which statement about penalties for FIFRA violations is accurate?

• A. Only civil penalties can be assessed.
• B. Only criminal penalties can be assessed.
• C. Both civil and criminal penalties can be assessed.
• D. Penalties are never assessed.

Answer: (C)

FIFRA allows penalties on two tracks: civil and criminal, depending on the nature of the violation. Civil penalties are used for noncompliance such as mislabeling, selling or distributing pesticides without proper registration, or not following label directions. These are pursued through civil actions and usually involve fines and orders to come into compliance.

Criminal penalties come into play when the violation is knowing, willful, or fraudulent, or when it endangers health or the environment. In those cases, penalties can include criminal fines and potential imprisonment. It’s possible for a single case to involve both civil penalties and criminal charges, depending on the facts.

So, the accurate statement is that both civil and criminal penalties can be assessed under FIFRA.