EPA v. Chem-Aqua, Inc.

Case summary

FIFRA NOW: 12/16/2025 Chem-Aqua, Inc. Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case File No. FIFRA-04-2026-3508 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 Chem-Aqua, Inc. (hereinafter Chem-Aqua), 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 Chem-Aqua violated FIFRA Section 12(a)(1)(E) by distributing or selling a misbranded pesticide. Pursuant to Title 40 of the Code of Federal Regulations (C.F.R.) ? 156.10(a)(1)(viii), every pesticide product shall bear a label containing the information specified by the Act and the regulations in this part, including directions for use as prescribed in paragraph (i) of this section. Pursuant to Section 2(q)(1)(F) of FIFRA, 7 U.S.C. ? 136(q)(1)(F), a pesticide is ?misbranded? if the labeling accompanying it does not contain all directions for use that are necessary for effecting the purpose for which the product is intended and that, if complied with, together with any requirements imposed under Section 3(d) of FIFRA, 7 U.S.C. ?136a(d), are adequate to protect health and the environment. At the time of the inspection, the label on the pesticide failed to an adequate Directions for Use therefore is misbranded. Pursuant to 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 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 Chem-Aqua?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 Chem-Aqua 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)

• Chem-Aqua, Inc.Named in complaintNamed in settlement

Facilities (1)

• CHEM-AQUA, INC.

  580 JOE TAMPLIN INDUSTRIAL BLVD, SUITE 300, MACON, GA, 31217

  Registry ID: 110071667445

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Chem-Aqua, Inc.entered 2025-12-16

  Primary law: FIFRA

Timeline (3 milestones)

• 2025-12-16Enforcement Action Closed
• 2025-12-16Final Order Issued
• 2025-12-17Enforcement Action Data Entered