EPA v. Busy Bee Traps, LLC

Case summary

FIFRA NOW: 12/16/2025 Busy Bee Traps, LLC Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case File No. FIFRA-04-2026-3511 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 Busy Bee Traps, LLC (hereinafter Busy Bee), 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 Busy Bee violated FIFRA Section 12(a)(1)(F) by distributing or selling a misbranded pesticide device. On September 19, 2025, an authorized inspector of the EPA inspected Busy Bee located at 58 Goldenrod Overlook, Dawsonville, Georgia 30534. The facility is an EPA-registered pesticide producing establishment assigned EPA Establishment Number 103867-GA-1. During the inspection, the inspector took pictures of the Carpenter Bee Trap, collected sample literature and collected sales and distribution records of Carpenter Bee Trap showing the product sold or distributed on March 5, 2024, May 21, 2024, March 28, 2025, and April 15, 2025. Upon review of the photographs and sample literature, it was found the sample literature states, when trap is full, unscrew jar and discard dead bees. Based on the information that the device intends to kill bees, the Carpenter Bee Trap is an instrument or contrivance intended to mitigate or destroy pests and are, therefore, a device as that term is defined in Section 2(h) of FIFRA, 7 U.S.C. 136(h). Pursuant to Title 40 of the Code of Federal Regulations (C.F.R.) ? 156.10(a)(5) and Section 2(q)(1)(A) of FIFRA, a device declared subject to FIFRA pursuant to 40 C.F.R. 152.500 is misbranded if its labeling is false or misleading in any particular, including both pesticidal and non-pesticidal claims. By stating the Carpenter Bee Trap has no chemicals and is eco-friendly, the product is making false or misleading claims, specifically comparative statements on the safety of the product and is therefore misbranded as set forth in 40 CFR 156.10(a)(5)(x). Pursuant to Section 2(q)(1)(D) of FIFRA, 7 U.S.C. 136(q)(1)(D), a pesticide is misbranded if its label does not bear the registration number assigned under Section 2 of FIFRA, 7 U.S.C. 136e, to each establishment in which it was produced. By not including the EPA Est. No. on the label, the product is therefore misbranded as set forth in 40 C.F.R. 156.10(a)(1)(v). As set forth in FIFRA Section 12(a)(1)(F), 7 U.S.C. ?136j(a)(1)(F), it is unlawful for any person in any State to distribute or sell to any person any device which is misbranded. Pursuant to Section 12(a)(1)(F) of FIFRA, 7 U.S.C. 136j(a)(1)(F), except as provided by Section 12(b) of FIFRA, 7 U.S.C. 136j(b), it is unlawful for any person in any State to distribute or sell to any person any device that is misbranded. This NOW only resolves Busy Bees 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 Busy Bee 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)

• Busy Bee Traps, LLCNamed in complaintNamed in settlement

Facilities (1)

• BUSY BEE TRAPS, LLC

  58 GOLDENROD OVERLOOK, DAWSONVILLE, GA, 30534

  Registry ID: 110071886900

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• Busy Bee Traps, LLCentered 2025-12-16

  Primary law: FIFRA

Timeline (3 milestones)

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