Cal/EPA Fines K-MART $110,000 for Repeated Environmental Violations

For Immediate Release (C-11-96)
Contact: Communications Office (916) 324-9670
March 21, 1996

555 Capitol Mall, Suite 525
Sacramento, CA 95814
(916) 324-9670
FAX (916) 445-5563

SACRAMENTO -- Cal/EPA's Department of Pesticide Regulation (DPR) has fined K-Mart Corporation $110,000 for continuing violations of California environmental laws.

"For more than 18 years, K-Mart has sold unregistered pesticides in California.  Against all advice and principles of fair play, K-Mart continues to maintain that California law does not apply to their brand name products.  A hearing officer has dismissed that argument and our agency imposed the maximum fine available under California law.  We are applying every tool at our disposal to punish this recalcitrant corporation for being a willful and unrepentant violator of the law," California Secretary for Environmental Protection James M. Strock said.

Before being used or sold in California, pesticide products must be licensed with both the US EPA and the DPR.  K-Mart has failed to obtain state licenses for 22 K-Mart brand products sold at 40 stores throughout the state.  The products include insecticides, weed killers, insect repellents, pet shampoos and pool chemicals.  In 1991, K-Mart was fined $41,600 for illegally selling some of these same products.

"Like so many other companies, K-Mart's competitors comply with California law.  Besides presenting needless risks to customers and the environment, K-Mart's violations provide an unfair advantage over competitors who do the right thing," Strock said.

The sale of these unlicensed products were discovered during routine compliance inspections performed by DPR field personnel.  Under California law, no pesticide can be registered until DPR scientists evaluate toxicology and other tests to determine if the product can be used safely in California.  Part of the review process is an evaluation of the labeling to ensure that the instructions provide adequate protection to those who handle the pesticide, persons nearby and the environment.

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