EPA v. PUBLIX SUPER MARKETS, INC

Case summary

3/13/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $154,100. PENALTY DUE WITHIN 30 DAYS. ON OR ABOUT MARCH 8, 2021, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT A PUBLIX RETAIL STORE IN NORTH CAROLINA PURSUANT TO THE AUTHORITY SET FORTH IN SECTION 9 OF FIFRA, 7 U.S.C. ? 136(G). DURING THE INSPECTION, THE INSPECTOR OBSERVED THAT PUBLIX WAS DISTRIBUTING, SELLING, OR OFFERING FOR SALE DISINFECTING WIPES WHOSE LABEL INCLUDED PESTICIDAL CLAIMS. BASED ON REVIEW OF THE LABELS AND LABELING, IT WAS DISCOVERED THAT THE OWNER AND DISTRIBUTOR OF THE PRODUCT WAS BESAFE INDUSTRIES, LLC (HEREINAFTER, BESAFE) OF CORAL GABLES, FLORIDA. THE LABELS FOR THE WIPES ALSO DISPLAYED THE URL ADDRESS FOR BESAFE'S WEBSITE THEREFORE, THE WEBSITE IS CONSIDERED LABELING FOR THE DISINFECTING WIPES PRODUCT. ON OR ABOUT APRIL 30, 2021, THE EPA REVIEWED PESTICIDAL CLAIMS ON BESAFE'S WEBSITE REGARDING THE WIPES. BASED ON THE PRESENCE OF THE CLAIMS ON THE PRODUCT LABEL AND ON THE BESAFE WEBSITE, THE EPA DETERMINED THAT THE PRODUCT WAS A PESTICIDE AS DEFINED IN SECTION 2(U) OF FIFRA, 7 U.S.C. ? 136(U). THEREFORE, THE PRODUCT WAS REQUIRED TO BE REGISTERED WITH THE EPA PURSUANT TO FIFRA SECTION 3 TO BE DISTRIBUTED OR SOLD IN THE UNITED STATES. AT THE TIME OF THE MARCH 8, 2021, INSPECTION, THE BESAFE DISINFECTING WIPES PRODUCT WAS NOT REGISTERED AS A PESTICIDE WITH THE EPA AS REQUIRED BY SECTION 3 OF FIFRA. ON OR ABOUT MAY 5, 2021, A REPRESENTATIVE OF PUBLIX PROVIDED TO THE EPA INFORMATION SHOWING THE DISTRIBUTION OR SALE OF BESAFE DISINFECTING WIPES THROUGH ITS DISTRIBUTION WAREHOUSES BETWEEN THE DATES OF DECEMBER 2, 2020, AND MARCH 6, 2021. THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12(A)(L)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(L)(A), BY DISTRIBUTING OR SELLING THE UNREGISTERED PESTICIDE, BESAFE DISINFECTING WIPES, ON ONE OR MORE OCCASIONS BETWEEN THE DATES OF DECEMBER 2, 2020, AND MARCH 6, 2021.

Defendants (2)

• PUBLIX SUPER MARKETS, INCNamed in complaintNamed in settlement
• PUBLIX SUPER MARKETS, INCNamed in complaint

Facilities (5)

• PUBLIX SUPER MARKETS, INC.-DACULA FACILITY

  445 HURRICANE TRAIL, DACULA, GA, 30019

  Registry ID: 110063110618

• PUBLIX SUPER MARKETS, INC.-DACULA FACILITY

  445 HURRICANE TRAIL, DACULA, GA, 30019

  Registry ID: 110063110618

• PUBLIX SUPER MARKETS, INC.-DACULA FACILITY

  445 HURRICANE TRAIL, DACULA, GA, 30019

  Registry ID: 110063110618

• PUBLIX SUPER MARKETS, INC.-DACULA FACILITY

  445 HURRICANE TRAIL, DACULA, GA, 30019

  Registry ID: 110063110618

• PUBLIX SUPER MARKETS, INC LV WAREHOUSE

  2600 COUNTY LINE RD, LAKELAND, FL, 338111737

  Registry ID: 110012583034

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• PUBLIX SUPER MARKETS, INCentered 2025-03-13

  Primary law: FIFRA

  Federal penalty: $154,100

Timeline (3 milestones)

• 2025-03-13Final Order Issued
• 2025-03-13Complaint Filed/Proposed Order
• 2025-03-27Enforcement Action Data Entered