EPA v. Tiarco Chemical Division

Case summary

FIFRA NOW: 12/12/2025 The U.S. Environmental Protection Agency regulates the registration, distribution, sale, and use of pesticide products pursuant to the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA or the Act), as amended, 7 U.S.C. ?? 136 et seq. The EPA is issuing this Notice of Warning (NOW) to Tiarco Chemical Division (hereinafter Tiarco), pursuant to Section 14(a)(4) of FIFRA, 7 U.S.C. ? 136l(a)(4), which provides the EPA with the authority to issue a NOW. As explained below, the EPA finds that Tiarco violated FIFRA Section 12(a)(1)(E) by distributing or selling a misbranded pesticide. On March 25, 2025, an authorized representative of the EPA conducted an inspection at Tiarco?s facility, located at 1350 Tiarco Drive, Dalton, Georgia 30721. The facility is an EPA-registered pesticide producing establishment assigned EPA Establishment Number 88276-GA-001. During the inspection, the inspector collected the label, and one or more sale and distribution records of the product identified as Vital Oxide Concentrate MUP SCD (EPA Reg. No. 82972-2). Upon review of the label collected during the inspection, it was found that the label did not match the May 11, 2016, EPA-accepted label for the pesticide with the registration number 82972-2. Specifically, the following discrepancies were found: 2 1. The collected label included a name which is not EPA approved. The collected label included the name Vital Oxide Concentrate MUP SCD whereas the EPA approved label includes the brand name Vital Oxide Concentrate MUP. 2. The collected label did not include the EPA Establishment Number. 3. The collected label ingredient statement did not match the EPA approved label. The EPA approved label states, ?Sodium chlorite*: 1.89%; *Available chlorine dioxide equals 1%? whereas the collected label states, ?Chlorine Dioxide: 1.00%?. As set forth in Section 12(a)(1)(E) of FIFRA, 7 U.S.C. ? 136j(a)(1)(E), it is unlawful for any person in any State to distribute or sell to any person any pesticide which is adulterated or misbranded. Pursuant to FIFRA Section 14, 7 U.S.C. 136j, violations of FIFRA may result in civil or criminal penalties. Civil penalties may be assessed at a rate of $24,885 per violation, as updated for inflation. See 40 C.F.R. ? 19.4. However, the EPA has determined that a NOW, in lieu of a civil penalty action, is the appropriate response for the violations of FIFRA outlined above. This NOW only resolves Tiarco?s civil liability for the specific violations set forth above for the instances described in this NOW. The EPA has the right to institute further enforcement actions for any additional or continuing violations. The EPA may also institute further enforcement proceedings to recover appropriate relief upon obtaining evidence that any information or representations made by Respondent were false, inaccurate, or misleading. Nothing in this NOW relieves Tiarco of its obligation to comply with all applicable provisions of FIFRA and other federal, state, and local laws and regulations, nor shall it constitute a waiver, suspension, or modification of the requirements of FIFRA and any regulations promulgated thereunder.

Defendants (1)

• Tiarco Chemical DivisionNamed in complaintNamed in settlement

Facilities (1)

• TIARCO CHEMICAL DIVISION

  1350 TIARCO DRIVE, DALTON, GA, 30721-1907

  Registry ID: 110024286002

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Tiarco Chemical Divisionentered 2025-12-12

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-12-12Final Order Issued
• 2025-12-12Enforcement Action Closed
• 2025-12-16Enforcement Action Data Entered