UPS OVERNIGHT DELIVERY 

Ellen J. Kullman 

Chief Executive Officer 

E. I. du Pont de Nemours and Company 

1 007 Market Street 

Wilmington, DE 19898 

Re: Federal Insecticide, Fungicide, and Rodenticide Act 

Stop Sale, Use, or Removal Order 

Docket No. FIFRA-03-2011-0277SS 

Dear Ms. Kullman: 

Enclosed is a Stop Sale, Use, or Removal Order ("Order") issued by the U.S. 

Environmental Protection Agency, Region III ("EPA") concerning the pesticide product 

"DuPont lmprelis Herbicide" (EPA Reg. No. 352-793) ("lmprelis"). The Order requires_ E.!. du 

Pont de Nemours and Company ("DuPont") to cease the sale, use and removal of Imprelis, 

except as provided in the Order. The Order is being issued under the authority of the Federal 

Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. § 136 et seq. ("FIFRA"), and 

is effective immediately. Section 13(a) ofFIFRA, 7 U.S.C. § 136k(a), authorizes EPA to issue 

orders prohibiting the sale, use, or removal of any pesticide by any person who owns, controls, or 

has custody of such pesticide whenever there is reason to believe that the pesticide is in violation 

of any provision of FIFRA or has been or is intended to be distributed or sold in violation of any 

provision of FIFRA. DuPont is the registrant for Imprelis. EPA has reason to believe that 

DuPont has distributed or sold lmprelis in violation of Section 12(a)(l)(E) ofFIFRA, 7 U.S.C. 

§ 136j(a)(l )(E), which prohibits the sale or distribution of any pesticide that is misbranded. 

The Order does not affect DuPont's ability to implement its contemplated product return 

program for products beyond DuPont's ownership, custody or control. Returned products are 

not subject to the Order until they come within the ownership, custody or control of DuPont, at 

which point DuPont may not sell/distribute, use or remove lmprelis unless such activity is first 

approved by EPA in writing. EPA encourages DuPont to consult with EPA on its proposed 

product return program. Should DuPont elect to conduct a return program, EPA suggests the 

following features be included in the written description of the program: 

• Details about how DuPont will collect, consolidate, and hold the returned Imprelis 

product; 
• Provisions to make the returned Imprelis product available to EPA for sampling, upon 

request; 

• A description of the circumstances and procedures for disposition of any returned 

Imprelis product, including projected timelines for completion of all such activities in 

compliance with federal, state, and local requirements; 

• Details about how DuPont will report to EPA the final disposition of the returned 

product, including the total quantity returned per distributor or direct customer, whether 

the product was returned open or unopened, and the location of the returned product; and 

• Appropriate recordkeeping and reporting provisions such that compliance with the return 

program can be demonstrated. 

Certain companies may be required to disclose to the and Exchange 

Commission the existence of certain pending or known to be contemplated environmental legal 

proceedings (administrative or judicial) arising under federal, state, or local environmental laws. 

Please see the attached "Notice of Securities and Exchange Commission Registrants' Duty to 

Disclose Environmental Legal Proceedings" for more information about this requirement and to 

aid you in determining whether DuPont may be subject to the same. 

If DuPont has any questions regarding the Order, please contact Fatima El-Abdaoui, 

Ph.D., Chief, Pesticides and Asbestos Programs Branch, Land and Chemicals Division, by 

telephone at (215) 814-2129 or by e-mail at el-abdaoui.fatima@epa.gov. For any legal-related 

questions, please contact Janet E. Sharke, Senior Assistant Regional Counsel, by telephone at 

(215) 814-2689, or by e-mail at sharke.janet@epa.gov. 

Sincerely, 

Abraham Ferdas, Director 

Land and Chemicals Division 

Enclosures 

cc: K. Sherman, Esq. 

W. Lehrenbaum, Esq. 
E. I. du Pont de Nemours and Company 

1 007 Market Street 

Wilmington, DE 19898 

Respondent 

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DOCKET NO: FIFRA-03-20 11-0277SS 

I. AUTHORITY 

1. This Stop Sale, Use, or Removal Order ("Order") is issued pursuant lo the authority vested in 

the Administrator of the United States Environmental Protection Agency ("EPA") by Section 

13(a) ofthe Federal Insecticide, Fungicide, and Rodenticide Act, as amended ("FIFRA"), 7 

U.S.C. § 136k(a), which authorizes the Administrator ofthe EPA to issue an order 

prohibiting the sale, use, or removal of any pesticide or device by any person who owns, 

controls, or has custody of such pesticide or device whenever there is reason to believe that, 

inter alia, the pesticide or device is in violation of any provision of Fl FRA, or the pesticide 

or device has been or is intended to be distributed or sold in violation of any provision of 

FIFRA. 

2. This authority was delegated to the Regional Administrator, EPA, Region III, and 

redelegated to the Director of the Land and Chemicals Division and to the Associate Director 

ofthe Office ofToxics and Pesticides in the Land and Chemicals Division, EPA, Region Ill. 

3. Section 12(a)(l)(E) ofFIFRA, 7 U.S.C. § 136j(a)(l)(E), provides that it shall be unlawful for 

any person in any State to sell or distribute to any person any pesticide that is misbranded. 

4. Section 12(a)(2)(1) ofFIFRA, 7 U.S.C. § 136j(a)(2)(1), provides that it shall be unlawful for 

any person to violate any order issued under Section 13 of FIFRA. 

5. Section 2(s) ofFIFRA, 7 U.S.C. § 136(s), defines a "person" as "any individual, partnership, 

association, corporation, or any organized group of persons whether incorporated or not." 

6. Section 2(gg) ofFIFRA, 7 U.S.C § 136(gg), defines "to distribute or sell" as "to distribute, 

sell, offer for sale, hold for distribution, hold for sale, hold for shipment, ship, deliver for 
8. Section 2(t) ofFIFRA, 7 U.S.C. § 136(t), defines a "pest" as "any insect, rodent, nematode, 

fungus, weed, or [ ] any other form of terrestrial or aquatic plant or animal life or virus, 

bacteria, or other micro-organism (except viruses, bacteria, or other micro-organisms on or in 

living man or other living animals) which the Administrator declares to be a pest under 

section [25(c)(1) ofFIFRA]." See also 40 C.F.R. § 152.5. 

9. Section 2(q)(1)(F) ofFIFRA, 7 U.S.C. § 136(q)(1)(F), provides that a pesticide is 

"misbranded" if such pesticide's "labeling accompanying it does not contain directions for 

use which are necessary for effecting the purpose for which the product is intended and if 

complied with, together with any requirements under section [3(d) of FIFRA], are adequate 

to protect health and the environment." 

10. Section 2(q)(l)(G) ofFIFRA, 7 U.S.C. § 136(q)(l)(G), provides that a pesticide is 

"misbranded" if such pesticide's "label does not contain a warning or caution statement 

which may be necessary and if complied with, together with any requirements imposed under 

section [3(d) ofFIFRA], is adequate to protect health and the environment:' 

II. BACKGROUND 

11. E. I. du Pont de Nemours and Company ("DuPont") is a corporation located and incorporated 

in the state ofDelaware. DuPont is a "person" as defined in Section 2(s) ofFlFRA, 7 U.S.C. 

§ 136(s). 

12. This Order refers to DuPont and all its divisions, offices, and branches, collectively as 

"DuPont." 

13. DuPont is the registrant for the pesticide "DuPont Imprelis Herbicide" ("Imprelis"), an 

herbicide which has been assigned EPA Registration Number 352-793. The active ingredient 

in Imprelis is aminocyclopyrachlor (CAS Number 858956-35-1 ). 

14. lmprelis is a "pesticide" as that term is defined in Section 2(u) ofFIFRA. 7 U.S.C. § 136(u). 

15. lmprelis was registered by EPA on August 31, 2010, as a selective broad leaf weed herbicide. 
17. On July 28,2011, DuPont submitted information to EPA including thousands ofreports of 

adverse incidents involving damage or death to trees associated with the use of lmprelis. 

18. As part of DuPont's July 28,2011 submission, EPA also received test data from DuPont 

confirming that certain coniferous trees, including Norway spruce and balsam fir, are 

susceptible to being damaged or killed by the application of lmprelis. 

19. The label for Imprelis contains directions for use that provide for its application near trees. 

20. The label for Imprelis does not warn or caution about potential damage to trees when used in 

accordance with the approved label. 

21. In response to the significant concerns raised by EPA and others relating to reports of tree 

damage associated with the use of lmprelis, on or about August 4, 2011. DuPont sent its 

distributors a letter informing them that DuPont would be implementing a voluntary 

suspension of sale and soon be conducting a product return and refund program. The Jetter 

acknowledged that tree injuries may have been caused by the application of Imprclis. 

22. Based on tests and inspections conducted to date, EPA has reason to believe that the lmprelis 

labeling does not contain directions for use and/or warning or caution statements that arc 

adequate to protect the environment, namely, certain species of trees. 

23. EPA has reason to believe that lmprelis is misbranded as that term is defined in Sections 

2(q)(1)(F) and/or (G) ofFIFRA, 7 U.S.C. §§ 136(q)(1)(F) and/or (G), and that DuPont 

distributed or sold lmprelis in violation of Section 12(a)(l)(E) ofFIFRA, 7 U.S.C. 

§ 136j(a)(1)(E). 

IV. ORDER 

24. Pursuant to the authority of Section 13(a) ofFIFRA, 7 U.S.C. § 136k(a), EPA hereby orders 

DuPont to immediately cease the sale, use or removal of Imprelis products under its 

ownership, control, or custody, wherever such lmprelis products are located, except in 

accordance with the provision of this Order. 
or removed from any facility or establishment, for any reason, unless such activity has been 

approved by EPA in writing. Any proposal for EPA's approval of any such activity shall be 

submitted, in writing, to Fatima El-Abdaoui, Ph.D., Chief, Pesticides and Asbestos Programs 

Branch (3LC62), U.S. EPA, Region III, 1650 Arch Street, Philadelphia, PA 19103-2029. In 

order for EPA to approve a proposal, DuPont shall first submit to EPA, in connection with 

the proposal or sooner: 

(a) a description of the existing inventory of such product that is owned or controlled by 

or in the custody of DuPont, including each location where such product is held, and 

the quantities and container type/size of product held at each such location on the 

effective date of this Order; and 

(b) a description of any additional product returned to the ownership. custody or control 

of DuPont by its distributors, customers or any other person after the effective date of 

this Order. Such description shall include the name and address of each such 

distributor, customer or other person and the date, quantity and condition of each 

container type/size of product returned by each such distributor. customer or other 

person. Such information shall be updated and provided to EJ> A in writing on a 

weekly basis for four weeks and on a monthly basis thereafter until modification or 

termination of this Order. 

If DuPont chooses to submit a proposal as described above, such proposal shall include 

details ofthe proposed activity and provisions to maintain records of the disposition(~, 

reformulation, repackaging, relabeling, disposal) of such product and to make such records 

available to EPA upon request. Such records shall include information describing each 

method and date of disposition of such product, each location/destination of such disposition 

and the quantity of product subject to such method and location/destination. 

27. Any person who violates any term or provision of this Order may be subject to civil or 

criminal penalties as prescribed in Section 14 ofFIFRA, 7 U.S.C. § 136/. 

28. The issuance of this Order shall not constitute a waiver by EPA of any rights or remedies it 

may have, either judicial or administrative, under FIFRA or any other federal environmental 

law, to address this matter or any other matters or unlawful acts not described in this Order. 
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- illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions 

shall in no way be affected or impaired thereby and such provisions shall remain in full force 

and effect. 

V. OTHER MATTERS 

32. For any additional information about this Order, please contact Fatima EI-Abdaoui, Ph.D., 

Chief, Pesticides and Asbestos Programs Branch, at 215-814-2129. For any legal matters concerning this Order, please contact Janet E. Sharke, Senior Assistant Regional Counsel, at 

215-814-2689. 

Abraham Ferdas, Director 

Land and Chemicals Division 
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CFR 229.1 03) requires disclosure of these environmental legal proceedings. For those SEC registrants that 

use the SEC's "small business issuer" reporting system, Instructions 1-4 to Item 103 of the SEC's 

Regulation S-B (17 CFR 228.103) requires disclosure environmental legal proceedings. 

If you are an SEC registrant, you have a duty to disclose the existence of pending -Or known to be 

contemplated environmental legal proceedings that meet any of the following criteria (17 CFR 

229.1 03(5)(A)-(C)): 

A. Such proceeding is material to the business or financial condition of the regi·strant; 

B. Such proceeding involves primarily a claim for damages, or involves potential monetary 

sanctions, capital expenditures, deferred charges or charges to income and the amount 

involved, exclusive of interest and costs, exceeds 10 percent Qfthe current assets ofthe 

registrant and its subsidiaries on a consolidated basis; or 

C. A governmental authority is a party to such proceeding and such proceeding involves 

potential monetary sanctions, unless the registrant reasonably believes that such proceeding will result in no monetary sanctions, or in monetary sanctions, exclusive of 

interest and costs, ofless than $100,000; provided, however, that such proceedings which 

are similar in nature may be grouped and described generically. 

Specific information regarding the environmental legal proceedings that be disclosed is set forth 

in Item 103 of Regulation S-K or, for registrants using the "small business issuer" reporting system, Item 

1 03(a)-(b) of RegulationS-B. If disclosure is required, it must briefly describe the proceeding, "including 

the name of the court or agency in which the proceedings are pending, the date instituted, the principal 

parties thereto, a description of the factual basis alleged to underlie the proceedings and the relief sought." 

You have been identified as a party to an environmental legal proceeding to which the United States 

government is, or was, a party. If you are an SEC registrant, this environmental legal proceeding may 

trigger, or may already have triggered, the disclosure obligation under the SEC regulations described 

above. · 

This notice is being provided to inform you of SEC registrants' duty to disclose any relevartt 

environmental legal proceedings to the SEC. This notice does not create, modify or interpret any existing 

legal obligations, it is not intended to be an exhaustive description of the legally applicable requirements 

and it is not a substitute for regulations published in the Code of Federal Regulations. This notice has been 

issued to you Tor information purposes only. No determiiuitiorio fthe applicability of this reporting 

requirement to your company has made by any governmental entity. You should seek competent 

counsel in deterinining the applicability of these and other SEC requirements to the environmental legal 

proceeding at issue, as well as any other proceedings known to be contemplated by governmental 

authorities. 

If you have any questions about the SEC's environmental disclosure requirements, please contact the 

SEC Office of the Special Senior Counsel for Disclosure Operations at (202) 551-3115. 

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Date 

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Ellen J. Kullman 

Chief Executive Officer 

E. I. du Pont de Nemours and Company 

1 007 Market Street 

Wilmington, DE 19898 

Janet E. Sharke 

Senior Assistant Regional Counsel 

U.S. EPA, Region Ill 

Office of Regional Counsel (3RC50) 

1650 Arch Street 

Philadelphia, PA 191 03-2029