New York Business Owner Convicted of Illegal Transport and Sale of Unregistered Pesticides

Baltimore, Maryland – A New York business owner has been found guilty of recklessly transporting a dangerous probable carcinogen without proper documentation and knowingly selling an unregistered pesticide in Maryland.  

The conviction was announced by U.S. Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Allison Landsman, of the U.S. Environmental Protection Agency, Criminal Investigation Division (EPA-CID).

Idrissa Bagayoko, 58, owner and operator of Maliba Trading LLC, was found guilty by a Baltimore jury in federal court of two counts related to his transporting and sale of the unregistered pesticide known as Sniper DDVP.  Charges were brought against Bagayoko under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Hazardous Material Transportation Act.

FIFRA provides for federal regulation of pesticide distribution, sale, and use to ensure that pesticides sold in the United States are safe, effective, and bear labelling containing true and accurate information.  The Environmental Protection Agency (EPA) has responsibility under FIFRA to regulate the distribution and sale of all pesticides shipped or received in interstate commerce.  All pesticides must be registered with the EPA before the pesticide can be sold or distributed, and no person may distribute or sell a pesticide that has not been registered with the EPA.

The Hazardous Material Transportation Act provides for federal regulation of hazardous substances transported in interstate commerce.  The Department of Transportation (DOT) has responsibility under the Hazardous Material Transportation Act to ensure private motor carriers maintain shipping papers with critical information about the relevant hazardous substance to safeguard police and first responders in the event of an accident or exposure.  

According to evidence presented at trial, on September 29, 2021, Bagayoko drove from New York to Maryland and sold two boxes of the unregistered pesticide Sniper DDVP to an individual in Maryland.  Police later stopped Bagayoko in Elkton, Maryland, with 18 additional boxes of Sniper DDVP.  The government’s investigation revealed that the defendant procured a total of 1,728 bottles of Sniper DDVP and drove from New York to Maryland to sell the unregistered pesticide.

Laboratory testing of samples taken from the bottles revealed each bottle contained the chemical dichlorvos, which has been classified by the EPA as a probable human carcinogen.  The defendant transported over 330 pounds of dichlorvos, without requisite shipping papers, which alert first responders that they are dealing with a probable carcinogen, in the event of an accident.

The illegal sale of an unregistered pesticide carries a statutory maximum prison sentence of one year and a fine of up to $25,000.  The illegal transport of dichlorvos without required shipping papers carries a statutory maximum prison sentence of five years and a fine up to $250,000.

U.S. Attorney Barron thanked Assistant U.S. Attorney Kimberly Phillips and Special Assistant U.S. Attorneys Kertisha Dixon and David Lastra, who prosecuted the case.  Mr. Barron also thanked Special Agent Christopher Michael with the U.S. Environmental Protection Agency, Criminal Investigation Division, Special Agent Charles Bradford with the U.S. Department of Transportation, Office of Inspector General, and the Elkton Maryland Police Department, for investigating the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.

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