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U.S. EPA settles for $15,600 with Behr Process for selling an unregistered pesticide

Release Date: 10/20/2009
Contact Information: Joe Merer, (415) 972-3228, merer.joe@epa.gov


U.S. EPA settles for $15,600 with Behr Process for selling an unregistered pesticide

LOS ANGELES – The U.S. Environmental Protection Agency has reached a settlement for $15,600 with Behr Process Corporation for the sale and distribution of an unregistered pesticide in violation of federal pesticide law.

The EPA cited the Santa Ana, Calif.-based Behr Process Corporation for allegedly selling and distributing Behr No. 62 Interior & Exterior Multi-Surface Cleaner & Mildew Stain Remover with claims it removed algae and fungus. The EPA was made aware of the violation through a California Department of Pesticide Regulation retail inspection of Home Depot in Oxnard, California. The Arizona Department of Agriculture also found the product during a retail inspection of Home Depot in Surprise, Arizona.

“Products whose labels make claims to remove living organisms, including algae and fungus, are considered pesticides and must be registered,” said Katherine Taylor, Associate Director of the Communities and Ecosystems Division of the EPA. “Companies who market unregistered cleaners with pesticide claims are in violation of Federal law and may be subject to fines.”

Before selling or distributing any pesticide in the United States, companies must register the pesticide with the EPA. The sale or distribution of a pesticide that has not been registered with the EPA is a violation of the Federal Insecticide, Fungicide, and Rodenticide Act, which requires registration of pesticide products and pesticide-production facilities, as well as proper pesticide labeling.

For more information on pesticide regulation and enforcement, please visit www.epa.gov/pesticides/