Enforcement Considerations Sample Clauses
The "Enforcement Considerations" clause outlines how the terms of the agreement will be upheld and what mechanisms are available to ensure compliance. It typically addresses issues such as the jurisdiction for resolving disputes, the remedies available in case of breach, and the procedures for enforcing judgments or awards. For example, it may specify that a party can seek injunctive relief or that certain actions must be taken before litigation can proceed. The core function of this clause is to provide clarity on how contractual obligations will be enforced, thereby reducing uncertainty and helping parties understand their rights and responsibilities if a dispute arises.
Enforcement Considerations. Reducing risk is ultimately accomplished through compliance with and enforcement of new labels that require protective buffer zones around treated fields, comprehensive fumigation management plans for applications, and training for certified applicators supervising fumigations, among other measures. Grantees should conduct use inspections to ensure compliance with the new soil fumigation label requirements. Grantees should also consider establishing relationships with other federal, state, tribal and local agencies within their region to assist in compliance and enforcement activities.
Enforcement Considerations. Grantees should conduct inspections for imported pesticides upon regional request. The specifics of these inspections should be arrived at after consultation and negotiation with the regional office. These may include shipments detained at ports of entry or foreign trade zones that the region has determined through Notices of Arrival or other information may be in violation of FIFRA.
Enforcement Considerations. States and tribes are expected to monitor compliance with pesticide water quality risk mitigation measures, and respond to pesticide water contamination events especially where water quality standards or other reference points are threatened. .
Enforcement Considerations. EPA’s goal for the Worker Protection requirements is to help create a safe work environment in which agricultural workers, their employers, and pesticide handlers can perform tasks without concern about pesticide exposure. For this reason, grantees must conduct agricultural use inspections focused on WPS compliance. Enforcements activities include: • Grantees should track each WPS inspection as either a Tier I or Tier II inspection. WPS tips and complaints should be included in establishing a priority setting plan. • The appropriate number of inspections to be conducted should be consistent with the number of farms and farm employees covered by WPS. The appropriate number of WPS inspections is to be negotiated between grantees and regional offices.
(1) timing inspections during periods of pesticide application to ensure compliance with key worker provisions; (2) visiting sites with labor intensive crops and/or those crops that traditionally require a lot of hand labor; (3) timing inspections during the growing season to coincide with high risk labor practices and worker exposure scenarios; and (4) timing inspections during times when high risk pesticides would be applied at a specific time of year as a matter of general crop practice. • States should follow the EPA WPS Agricultural Inspection Guidance. State enforcement actions should be reported in the work plan accomplishments report with a brief narrative description about each noteworthy civil or criminal penalty enforcement action resulting from a WPS inspection. The EPA believes that it is important to communicate to the public the impact of the WPS compliance and enforcement program to protect pesticide workers beyond numerical targets. • States should provide information on the number of other enforcement actions resulting from WPS inspections such as stop sale/use orders and warning letters in each of the reporting categories. • Particular attention should be given to follow-up inspections at agricultural establishments where prior enforcement actions for WPS violations were taken. Follow up inspections should occur in a timely manner as the grantee deems appropriate. A regional review of WPS actions should be included as part of mid- and end-of-year regional reviews to ensure enforcement actions are consistent with state enforcement response policies. Regions should review no less than 10 percent of the case files as part of their oversight responsibilities.
Enforcement Considerations. For FY2015-2017, grantees should focus on product and user compliance with special emphasis on agricultural retailers/distributors that repackage pesticide into refillable containers, as well as RUP and Tox 1 category products. This emphasis was selected to focus on the highest risk, both in terms of the hazard of the pesticides and the sector that does the most repackaging of all pesticides into refillable containers. The Agency is aware that certain states may have inspectional jurisdiction for pesticide containment and pesticide production or labeling divided between two state agencies. When inspectional jurisdiction is divided, the state lead agency should coordinate with other state entities having inspectional jurisdiction to ensure that the state agencies are working in cooperation. In states where this situation occurs, the state lead agency should note the jurisdictional issues, that the other agency is aware of the requirements, and report on the relevant activities of each state agency.
Enforcement Considerations. For FY 2015 to 2017, tribes and the EPA will work to develop the infrastructure of the National Data System and begin to collect the data that best serves the needs of the national program and highlights the performance of the program. EPA has developed a FIFRA Cooperative Agreement Work Plan-Report Template (“FIFRA template”) for work plans and reports for cooperative agreements awarded under this Guidance. The FIFRA template, which is an Excel spreadsheet, was developed by EPA with extensive input and a considerable amount of support from states with the goal of significantly reducing the administrative burden associated with work plan development and accomplishment reporting for both the grantee and EPA regional personnel. The FIFRA template also promotes clarity in work plan expectations and end-of-year results, makes work plans and reports more consistent throughout the country, and facilitates compilation and review of national year- end data. In addition, the FIFRA template could serve as a starting point for the design of the new National Data System. The FIFRA template incorporates proposed work activities from the national FIFRA cooperative agreement Guidance, provides space for proposed and negotiated grantee work activities, space for grantee progress reports on negotiated work, and space for EPA comments and recommendations as part of the grantee evaluation by EPA regional project officers. If this template is used, it will replace current work plans and end-of-year reports. The FIFRA template also contains all forms needed for annual reporting, and allows additional data files to be attached. The FIFRA template can be accessed online at: ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/compliance/state/grants/fifra.html While the FIFRA template is a change in the format of work plans and reports, it does not change the type of information reported or the processes used by regional offices and grantees in submitting cooperative agreement applications, negotiating work plan commitments, and reporting on the progress of those commitments. This template is not intended to change the normal workflow process between the grantee and the EPA project officer. Although the FIFRA Cooperative Agreement reporting is currently approved by Office of Management and Budget (OMB) under OMB Control No. 2030-0020, the Agency has not yet obtained approval from OMB for this reporting template. Until such approval is obtained, the reporting template is solely intended to provide respondents wit...
Enforcement Considerations. 4.3.1 ECC Ireland will report to the Commission perceived or repeated breaches which may harm consumer interests, where the trader and/or the consumers concerned are based in Ireland. Subject to section 5, ECC Ireland agrees to provide the Commission with evidence about complaints, and information on systemic problems and emerging trends. On request, the signatories may inform each other of the outcome of a given action.
4.3.2 In the context of activities falling under Regulation 2006/2004 on consumer protection cooperation (e.g. EU Sweeps), the Commission may, at its discretion, request assistance from ECC Ireland.
Enforcement Considerations. This approach does not authorize state compliance assurance or enforcement in Indian Country.
Enforcement Considerations. Grantees should monitor compliance with pollinator protection label language. The EPA Bee Incident Investigation Guidance, or similar state or tribal guidance, should be followed (available online at: ▇▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇/▇▇▇▇▇/▇▇▇-▇▇▇▇▇▇▇▇▇▇-▇▇▇▇▇.▇▇▇). Additionally, grantees should conduct inspections and enforcement actions directed at detecting and stopping distribution of unregistered or misbranded pesticides that could adversely affect pollinators and/or the quality of hive products.
Enforcement Considerations. Inspections targeted at contract manufacturing facilities will help ensure that all pesticide production at such facilities is appropriately regulated. Contract manufacturing facilities may be identified by analyzing Section 7 production reporting data.