EPA v. Target Store #2269

Case summary

FIFRA NOW: 8/24/2026 Target Corporation - Store #2269 Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case File No. FIFRA-04-2026-3995 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 Target Corporation - Store #2269 (hereinafter Target), pursuant to Section 9(c)(3) of FIFRA, 7 U.S.C. ? 136g(c)(3), which provides the EPA with the authority to issue a NOW. As explained below, the EPA finds that Target violated FIFRA Section 12(a)(1)(F) by distributing or selling misbranded devices. The inspection documented the offer for sale of Sticky Traps by Target. Product labels and labeling stated the products contain ?adhesive on both sides? which ?captures pests?. Based on these claims, the EPA determined that this product is a ?device? as that term is defined in Section 2(h) of FIFRA, 7 U.S.C. ? 136(h), and Title 40 pf the Code of Federal Regulations (C.F.R.) ? 152.500(a), in that they are instruments intended for destroying pests. Pursuant to 40 C.F.R. ? 152.500(b)(1), devices are subject to labeling requirements under FIFRA Section 2(q)(1), 7 U.S.C. ? 136(q)(1) and 40 C.F.R. Part 156. Pursuant to FIFRA Section 2(q)(1)(E), 7 U.S.C. ? 136(q)(1)(E) and 40 C.F.R. ? 156.10(f), a pesticide is misbranded if the producing establishment registration number preceded by the phrase ?EPA Est.?, of the final establishment at which the product was produced does not appear in any suitable location on the label or immediate container. It must appear on the wrapper or outside container of the package if the EPA establishment registration number on the immediate container cannot be clearly read through such wrapper or container. Therefore, Arber?s Sticky Traps, which Target is offering for sale, are required under FIFRA to have the establishment registration number on their label as well as comply with all applicable FIFRA requirements. At the time of the inspection, the pesticide device label did not contain an EPA establishment number of the final establishment at which the product was produced. Therefore, Target is offering for sale the Sticky Traps as misbranded pesticide devices. As set forth in Section 12(a)(1)(F) of FIFRA, 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 pesticide device that is misbranded. This NOW only resolves Target?s civil liability for the specific violation set forth above for the instance 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 Target were false, inaccurate, or misleading. Nothing in this NOW relieves Target 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)

• Target Store #2269Named in settlement

Facilities (1)

• TARGET STORE T2269

  3055 COLUMBIA BOULEVARD, TITUSVILLE, FL, 32780-7865

  Registry ID: 110032647606

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• Target Store #2269entered 2026-08-24

  Primary law: FIFRA

Timeline (3 milestones)

• 2026-08-24Final Order Issued
• 2026-08-24Enforcement Action Closed
• 2026-08-26Enforcement Action Data Entered