Three months ago, the state fined PetSmart Inc. $392,842 for selling 33 unregistered pesticide products, including antimicrobial cage liners, reptile bedding and anti-flea and tick pet shampoo, in its California stores.

PetSmart paid the fine but, according to an investigation by California Watch, many of the products are still on their shelves. The company said it had filed to register 21 of the products with the state, but the publication found nine of the remaining 12 products still available to the public. California Watch said 11 of the products are also still being sold online.

California requires that anti-pesticide products sold or used be registered with both the U.S. Environmental Protection Agency (EPA) and the state Department of Pesticide Regulation (DPR). Unregistered pesticide products have not undergone a scientific review to determine if they are safe and effective.

Under the settlement in September, PetSmart paid a $142,842 civil penalty to DPR and $250,000 to the Education and Environment Initiative, a statewide environmental literacy program aimed at kindergarten through 12th-grade. PetSmart also paid DPR $330,000 in 2006 for violations.

PetSmart is not the only pet product company to run afoul of the DPR. Pet Food Express was fined nearly $250,000 in April for selling nine unregistered pesticide products. A dozen companies and individuals were fined $689,000 in 2006 for the sale of unregistered, misbranded pet flea treatment products throughout California. 

A spokesman for PetSmart told California Watch that its failure to properly register the products or remove them from shelves was a “good faith” mistake it would correct.

–Ken Broder

To Learn More:

PetSmart Selling Unregistered Pesticide Products Despite State Order (by Susanne Rust, California Watch)

PetSmart Pays Nearly $400,000 for Selling Unregistered Pesticide Pet Products (Department of Pesticide Regulation)