3/13/2025 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $154,100. PENALTY DUE WITHIN 30 DAYS.
ON OR ABOUT MARCH 8, 2021, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION AT A PUBLIX RETAIL STORE IN NORTH CAROLINA PURSUANT TO THE AUTHORITY SET FORTH IN SECTION 9 OF FIFRA, 7 U.S.C. ? 136(G). DURING THE INSPECTION, THE INSPECTOR OBSERVED THAT PUBLIX WAS DISTRIBUTING, SELLING, OR OFFERING FOR SALE DISINFECTING WIPES WHOSE LABEL INCLUDED PESTICIDAL CLAIMS. BASED ON REVIEW OF THE LABELS AND LABELING, IT WAS DISCOVERED THAT THE OWNER AND DISTRIBUTOR OF THE PRODUCT WAS BESAFE INDUSTRIES, LLC (HEREINAFTER, BESAFE) OF CORAL GABLES, FLORIDA. THE LABELS FOR THE WIPES ALSO DISPLAYED THE URL ADDRESS FOR BESAFE'S WEBSITE THEREFORE, THE WEBSITE IS CONSIDERED LABELING FOR THE DISINFECTING WIPES PRODUCT. ON OR ABOUT APRIL 30, 2021, THE EPA REVIEWED PESTICIDAL CLAIMS ON BESAFE'S WEBSITE REGARDING THE WIPES. BASED ON THE PRESENCE OF THE CLAIMS ON THE PRODUCT LABEL AND ON THE BESAFE WEBSITE, THE EPA DETERMINED THAT THE PRODUCT WAS A PESTICIDE AS DEFINED IN SECTION 2(U) OF FIFRA, 7 U.S.C. ? 136(U). THEREFORE, THE PRODUCT WAS REQUIRED TO BE REGISTERED WITH THE EPA PURSUANT TO FIFRA SECTION 3 TO BE DISTRIBUTED OR SOLD IN THE UNITED STATES. AT THE TIME OF THE MARCH 8, 2021, INSPECTION, THE BESAFE DISINFECTING WIPES PRODUCT WAS NOT REGISTERED AS A PESTICIDE WITH THE EPA AS REQUIRED BY SECTION 3 OF FIFRA. ON OR ABOUT MAY 5, 2021, A REPRESENTATIVE OF PUBLIX PROVIDED TO