Press Release
FOR IMMEDIATE RELEASE
Date: 12/16/03

Contact person(s):

Media Coordinator, Donna Edwards - 565-3099 Media Spokesperson, Chief Deputy Larry Scoufos Deputy District Attorney: Dani Jo Handel

Santa Rosa, Sonoma County, California

Fertilizer Distributor Agrees to Pay $2 Million to Settle
Consumer Protection Lawsuit Filed by California Prosecutors

Hydro Agri North America, Inc., has agreed to pay civil penalties, investigation and prosecution costs, and restitution in the total amount of $2,029,000, to settle a consumer protection lawsuit brought by Sonoma County District Attorney Stephan R. Passalacqua, Sacramento County District Attorney Jan Scully, Solano County District Attorney David W. Paulson, Santa Barbara District Attorney Thomas W. Sneddon, Jr., Ventura County District Attorney Gregory D. Totten, Fresno District Attorney Elizabeth A. Egan and San Diego City Attorney Casey Gwinn.

Officials with the California Department of Food and Agriculture and local weights and measures agencies discovered that purported 50 pound bags of fertilizer packaged and distributed by Hydro Agri contained less than the advertised weight. The average shortage was found to be one-half pound. Nearly 140,000 bags were withheld from distribution as a result of the discovery.

In a portion of the settlement, Hydro Agri, without admitting wrongdoing, agreed to pay $105,000 in restitution to consumers known to have suffered losses. The defendant also agreed to pay $224,000 in a restitution plan that is designed to facilitate the enforcement of consumer protection laws. That plan will be implemented by the Sonoma County District Attorney, the lead prosecuting agency in the case. Additionally, Hydro Agri agreed to develop, implement and maintain a compliance program designed to ensure that all of their bagged fertilizer packaged and/or sold anywhere from or within the state of California will comply with legal requirements.

The settlement also includes civil penalties in the amount of $1.5 million, to be divided equally among the seven prosecuting agencies and distributed pursuant to law. Additionally, $200,000 in costs will be distributed to various state and local regulatory and law enforcement agencies who contributed resources to the investigation and prosecution of the case.

Mr. Passalacqua and Sonoma County Deputy District Attorney Dani Jo Handel complimented the diligent work of the California State Department of Food and Agriculture and the local weights and measures officials for their enforcement efforts.