EPA v. BIOCIDE LABS, LLC

Case summary

9/3/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $184,500.00 PENALTY DUE IN THIRTY-SIX (36) INSTALLMENTS WITH INTEREST, THE FIRST PAYMENT DUE WITHIN 30 DAYS OF THIS CAFO. RESPONDENT?S SUBSEQUENT PAYMENTS SHALL THEREAFTER BE DUE IN 30-DAY INTERVALS FROM SAID EFFECTIVE DATE. ALLEGED VIOLATIONS: ON AUGUST 16, 2022, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT RESPONDENT?S FACILITY. PHOTOGRAPHS WERE TAKEN OF THE CONTAINERS, LABELS, AND LABELING (INCLUDING MANUALS, SUCH AS OPERATING, OWNERS, AND INSTRUCTION) FOR EACH OF THE PRODUCTS PACKAGED FOR DISTRIBUTION AT THE FACILITY OUTLINED IN SECTION IV OF THE CAFO. IN ADDITION, SALES AND SHIPPING RECORDS FOR THE PERIOD BETWEEN JULY 2021 AND AUGUST 2022 WERE COLLECTED FOR EACH OF THE PRODUCTS. ON APRIL 18, 2023, MARCH 14, 2024, AND MARCH 18, 2024, THE EPA PERFORMED REVIEWS OF RESPONDENT?S WEBSITE. THE EPA?S REVIEW OF THE PHOTOGRAPHS FROM THE INSPECTION, AS WELL AS REVIEWS OF RESPONDENT?S WEBSITE SUBSEQUENT TO THE INSPECTION, SHOWED THAT PESTICIDAL CLAIMS WERE BEING MADE ON THE LABELS AND/OR LABELING FOR THE PRODUCTS THE EPA ALLEGES THE FOLLOWING VIOLATIONAS BY RESPONDENT AS OUTLINED IN SECTION IV OF THE CAFO: - VIOLATION OF SECTION 12(A)(1)(A) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(A), BY DISTRIBUTING OR SELLING THE UNREGISTERED PESTICIDE, MOLD BOMB PARTICULATE FOGGER, AS OBSERVED ON APRIL 18, 2023, AND MARCH 18, 2024. - VIOLATION OF 12(A)(1)(B) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(B), BY DISTRIBUTING OR SELLING BIOCIDE 100 (EPA REG. NO. 1839-83-86117) WITH CLAIMS THAT DIFFER SUBSTANTIALLY FROM THOSE ACCEPTED WITH THE PRODUCT?S REGISTRATION, AS OBSERVED ON MARCH 14, 2024. - VIOLATION OF SECTION 12(A)(1)(F) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(F), BY DISTRIBUTING OR SELLING THE MISBRANDED PESTICIDE DEVICES: AIR SAFTI BIOSTATIC GENERATOR, BIOMATRIX AIR SCRUBBER, AND AIR SAFTI AIR SCRUBBER ON VARIOUS OCCASIONS BETWEEN JULY 2021 AND AUGUST 2022. - VIOLATION OF SECTION 12(A)(2)(N) OF FIFRA, 7 U.S.C. ? 136J(A)(2)(N), BY IMPORTING PESTICIDE DEVICES WITHOUT THE SUBMITTAL OF A NOA OR FILING ITS ELECTRONIC EQUIVALENT.

Defendants (1)

• BIOCIDE LABS, LLCNamed in complaintNamed in settlement

Facilities (1)

• BIOCIDE LABS, LLC

  18 BIOGENESIS BOULEVARD, DAWSONVILLE, GA, 30534

  Registry ID: 110072071630

Statutes cited

• FIFRA 12A1F — Device Misbranded
• FIFRA 12A1B — Claim Difference
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• BIOCIDE LABS, LLCentered 2025-09-03

  Primary law: FIFRA

  Federal penalty: $184,500

Timeline (3 milestones)

• 2025-09-03Final Order Issued
• 2025-09-03Complaint Filed/Proposed Order
• 2025-09-05Enforcement Action Data Entered