EPA v. Zep Commercial Sales & Service, a unit of Zep, Inc.

Case summary

FIFRA NOW: 7/21/2026 Zep Commercial Sales & Service, a unit of Zep, Inc. Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act Case File No. FIFRA-04-2026-3982 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 Zep Commercial Sales & Service, a unit of Zep, Inc. (hereinafter Zep), 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 Zep violated FIFRA Section 12(a)(1)(E) by distributing or selling a misbranded pesticide. Pursuant to Section 2(q)(1)(G) of FIFRA, 7 U.S.C. ? 136(q)(1)(G), a pesticide is misbranded if the labeling accompanying it does not contain a warning or caution statement which may be necessary and if complied with, together with any requirements imposed under Section 3(d) of the Act, is adequate to protect health and the environment. 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. Pursuant to 40 C.F.R. ? 156.10(i)(2)(ix), the directions for use shall include specific directions concerning the storage, residue removal, and disposal of the pesticide and its container. By not including adequate Directions for Use, Precaution Statement and Storage and Disposal, this product appears to be 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 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 adulterated or misbranded. Pursuant to Section 14(a) of FIFRA, 7 U.S.C. ? 136l(a), violations are subject to a civil penalty of up to $24,255 for each offense. 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 Zep?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 Zep 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)

• Zep Commercial Sales & Service, a unit of Zep, IncNamed in settlement

Facilities (2)

• ZEP COMMERCIAL & SALES/AMREP

  350 JOE FRANK HARRIS PARKWAY, EMERSON, GA, 30137

  Registry ID: 110000587838

• ZEP COMMERCIAL & SALES/AMREP

  350 JOE FRANK HARRIS PARKWAY, EMERSON, GA, 30137

  Registry ID: 110000587838

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded

Enforcement conclusions (1)

• Zep Commercial Sales & Service, a unit of Zep, Inc.entered 2026-07-21

  Primary law: FIFRA

Timeline (3 milestones)

• 2026-07-21Enforcement Action Closed
• 2026-07-21Final Order Issued
• 2026-07-21Enforcement Action Data Entered