EPA v. EQ Ag Solutions LLC

Case summary

FIFRA NOW: 9/8/20226 EQ Ag Solutions LLC Notice of Warning for Violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Case File No. FIFRA-04-2026-8501 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 EQ Ag Solutions LLC, 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 EQ Ag Solutions LLC violated FIFRA Section 12(a)(1)(A) by distributing or selling unregistered pesticides. Under FIFRA?s definition of ?pest,? viruses, bacteria, and other micro-organisms are considered pests for the purposes of FIFRA. Under FIFRA?s definition of ?pesticide,? any substance intended for preventing, destroying, repelling, or mitigating a pest is a pesticide. Pursuant to 40 C.F.R. ? 152.15(a), a substance is intended for a pesticidal purpose if the person who distributes or sells the substance claims, states, or implies that the substance should be used as a pesticide. Based on the observations in the summary of facts section, the EPA determined Ag Wash to be a pesticide in need of registration under FIFRA. Specifically, the EPA noted that the label and website advertising for Ag Wash claimed the product was intended to ?improve[] biosecurity protection.? Biosecurity refers to management practices designed to prevent the introduction or spread of disease agents at animal handling facilities. EQ Ag Solutions LLC acknowledged this intended meaning in a review published under the ?What People Say? tab on https://www.synbiontglobal.com/ which states, ?We at Ranch Sorting National Championships wanted you to know what a relief it is to have found Symbiont Ag Wash. Biosecurity has become a major issue at our shows. Members want to come to our shows knowing that the facilities are safe for their animals and as free as possible from diseases. Synbiont Ag Wash [] provides that security?? Therefore, the claim, ?improves biosecurity protection,? is a pesticide claim because it implies that Ag Wash is intended to mitigate disease-causing pests in animal handling facilities. Based on this, EQ Ag Solutions LLC has claimed, stated, or implied that Ag Wash should be used as a pesticide, pursuant to 40 C.F.R. ? 152.15(a). Therefore, Ag Wash is a pesticide requiring registration under FIFRA Section 3. 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 EQ Ag Solutions LLC?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 EQ Ag Solutions LLC 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)

• EQ Ag Solutions LLCNamed in settlement

Facilities (1)

• TOMATOES OF RUSKIN, INC

  202 11TH AVENUE NW, RUSKIN, FL, 33570

  Registry ID: 110035621093

Statutes cited

• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• EQ Ag Solutions LLCentered 2026-09-08

  Primary law: FIFRA

Timeline (3 milestones)

• 2026-09-08Final Order Issued
• 2026-09-08Enforcement Action Closed
• 2026-09-10Enforcement Action Data Entered