- within Litigation, Mediation & Arbitration and Technology topic(s)
On July 1, 2026, the California Department of Pesticide Regulation (DPR) announced it had reached a settlement with Keystone Pest Solutions to resolve allegations related to the sales of certain pesticide products. The penalty of nearly $200,000 relates specifically to sales of the following restricted materials: 2,4-dicholophneoxyacic acid (2,4-D), diuron, carbaryl, dimethylamine salt of dicamba, dimethylamine salt of 2-methyl-4-chlorophenoxyacetic acid, and Simazine.
The specific allegations relate to 159 unlawful sales over the course of nearly four years for: (1) unlawful sales of California restricted materials to persons who did not possess a valid restricted materials permit; (2) unlawful sales of California restricted materials to persons without first obtaining a copy of the purchaser’s valid restricted materials permit; (3) unlawful sales of California restricted materials in violation of Section 14010 and California Code of Regulations (CCR), Title 3, Section 6568, Subdivision (a); and (4) unlawfully selling agricultural use pesticides without obtaining a valid Operator Identification Number (OIN).
Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the U.S. Environmental Protection Agency (EPA) classifies each pesticide product as a “general use pesticide” or “restricted use pesticide” (RUP) based on the potential for the product to cause unreasonable adverse effects on human health or the environment when used according to label directions and without additional regulatory restrictions. In California, DPR can designate pesticides that can impair human health or pose hazards to the environment as “restricted materials.” Under California regulations at Title 3, CCR Section 6400, the list of restricted materials includes any pesticide classified as an RUP under FIFRA, as well as:
- Any pesticide used under an “emergency exemption” issued pursuant to FIFRA Section 18;
- Pesticides formulated as a dust, labeled to permit outdoor use, and packaged in containers of more than 25 pounds, with certain exceptions;
- Pesticide products containing active ingredients listed in 3 CCR Section 6800(a) (potential to pollute ground water), when labeled for agricultural, outdoor institutional, or outdoor industrial uses; or
- Pesticides listed in 3 CCR Section 6400(e).
Of interest, it should be noted that the company at issue was headquartered in Idaho and the products at issue were sold through its online store. While Keystone Pest Solutions had a Pest Control Dealer-Main (PDM) license issued to it by DPR, the case highlights the need for a company to consider its compliance obligations in all states into which its products are sold, as well as across all sales platforms.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]
