EPA Settles With Bio-Lab, Inc. of Decatur, GA, for Sale and Distribution of Unregistered Antimicrobial Swimming Pool Products.

ATLANTA--(BUSINESS WIRE)--Sept. 16, 1998--The U.S. Environmental Protection Agency (EPA) today announced the settlement of an administrative enforcement action against Bio-Lab, Inc., Decatur, GA, for alleged violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

The settlement requires Bio-Lab, Inc. to pay a $319,000 penalty, plus interest, the largest FIFRA penalty ever assessed by the Southeastern Regional Office of EPA.

In December 1997, EPA sent a letter to Bio-Lab, Inc. regarding potential violations from the sale and distribution of two Bio-Lab swimming pool products, "Shock Plus 4-in-1 Pool Shock" and "BioGuard Lite Oxidizing Clarifier," which were suspected of being pesticides. These products contain chlorinated isocyanurates (a compound most commonly used as a swimming pool sanitizer) and are not registered with the EPA. Under FIFRA all pesticide products, including those used for antimicrobial purposes, must be registered with the EPA before they can legally be sold or distributed in the United States.

While not admitting any liability in reaching this settlement, BioLab agreed to pay an administrative penalty, and also agreed to seek registration of a total of seven products containing chlorinated isocyanurates, including "Shock Plus" and "BioGuard Lite." As an interim remedial measure prior to registration, Bio-Lab has agreed to put up placards in retail outlets which state "(This product) has not been accepted by the U.S. EPA for use as a disinfectant, sanitizer or algicide." This same statement will be placed on the labels of the seven unregistered pesticides.

EPA requires submission of efficacy data on pesticides containing antimicrobial public health claims, since the public cannot readily ascertain with the naked eye the effectiveness of this type of pesticide. EPA has emphasized enforcement actions against noncomplying antimicrobial pesticides with public health claims, due to human health implications if the pesticides are not effective.