Pure Maintenance Austin TeamQuick answer: Texas and New York license mold assessment and mold remediation, and Texas counts fogging an antimicrobial to treat or prevent mold as remediation. California has no mold license but treats paid sanitizing and disinfecting services as pest control. The limit on saying a fog "disinfects" is different: it comes from each product's EPA label, and it's the same in all 50 states.
Two dry fog companies can use the same equipment and the same product and still work under very different laws, depending on the state. Here's what changes at the state line, what stays the same everywhere, and who to call in Austin for each kind of problem.
One note first: we're a dry fog company, not a law firm. This is a plain-English summary of public laws, not legal advice.
Which states license mold work?
Only a handful, and Texas has one of the widest definitions. Most states have no license for mold work at all. Texas, New York and Florida license both mold assessment (inspecting for mold and taking samples) and mold remediation (cleaning, removing or treating it). Louisiana and Washington, D.C. have their own versions.
California is the odd one out. It has no mold license, yet fog companies there still face strict rules, through pesticide law instead.
What does Texas count as mold remediation?
Nearly anything done to mold, including treating it so it doesn't come back. Texas Occupations Code Chapter 1958 defines mold remediation as the "removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities" of mold. The Texas Department of Licensing and Regulation (TDLR), which runs the program, adds in its rules that preventive activities include "applying biocides or anti-microbial compounds."
Put those two lines together and a fog sold to treat or prevent mold is mold remediation in Texas, however light the equipment. Three more details shape what Texas fog companies offer:
- The 25 square foot line. A company doesn't need a remediation license when the mold covers less than 25 contiguous square feet (Sec. 1958.102). If more turns up, TDLR's rules say the unlicensed work stops and a licensed company takes over.
- Assessment is always licensed. Inspecting a home for mold or taking any mold sample, from an air test to a tape lift, is mold assessment and needs a TDLR license at any size.
- Assessor and remediator stay separate. One license holder can't do both the assessment and the remediation on the same project (Sec. 1958.155), so the company that samples isn't the company selling the cleanup.
Texas amended the mold law in 2025 with Senate Bill 1255, and TDLR said in September 2025 that it hadn't yet issued its interpretations. Check TDLR's mold FAQ for the current details.
How is New York different?
New York guards the title itself. Under New York Labor Law Article 32, it's unlawful to do mold work on a project, "or to advertise or hold themselves out" as a mold assessment or remediation contractor, without a license. Texas has no rule written that way; there, the main risks are offering the work itself or implying a license or approval a company doesn't have.
New York's line sits at more than 10 square feet instead of 25, and like Texas it keeps the assessor and the remediation contractor apart. One point runs the other way: New York's definition doesn't mention preventive treatment, so it's narrower than Texas's there.
Where does Florida fit?
Florida reads a lot like Texas on paper. Florida Statutes Chapter 468, Part XVI licenses mold assessors and remediators, uses the same "including preventive activities" wording, and draws its line at 10 square feet. It also makes it a crime to use titles such as "mold remediator" without a license.
Licensing didn't make Florida's fog companies quieter. Those with a state license tend to feature it, and many advertise more mold services, not fewer.
Why is California strict without a mold license?
Because California regulates the service through pesticide law. Its Toxic Mold Protection Act of 2001 directed the state to develop exposure limits and remediation guidelines but created no contractor license. Instead, the California Department of Pesticide Regulation requires companies that "advertise, solicit, or perform sanitizing or disinfecting services" to hold a Pest Control Business license and register in each county they work in, since state law counts bacteria, viruses and other microorganisms as pests.
California also reviews pesticide products on its own, and some EPA labels mark particular uses "Not Approved For Use in California." Prosecutors there enforce the state's false advertising and unfair competition laws (Business and Professions Code 17500 and 17200) against service ads, and they have used them against claims about what fog products do.
How do the states compare at a glance?
| State | State mold license? | Size line | What it means for fog companies |
|---|---|---|---|
| Texas | Yes: assessment and remediation (TDLR) | Under 25 contiguous sq ft exempt from the remediation license; none for assessment | Fogging to treat or prevent mold counts as remediation |
| New York | Yes: Labor Law Article 32 | Projects over 10 sq ft | Can't advertise as a mold contractor without a license |
| Florida | Yes: Chapter 468, Part XVI | Over 10 sq ft | Can't use mold remediator titles without a license |
| California | No | None | Paid sanitizing or disinfecting needs a pest control business license |
| Most other states | No | None | Federal label rules still apply |
Is "disinfect" a state rule too?
No. That limit is federal, so it's identical in all 50 states. Under the federal pesticide law (FIFRA), a product's claims have to match its EPA-registered label, and using a product in a way its label doesn't allow is unlawful. EPA says that unless a label specifically includes disinfection directions for fogging, it does not recommend fogging that product.
The label on the product we use allows one claim for fogging: control of odor-causing microorganisms on hard, non-porous surfaces. Its disinfection directions require surfaces to stay visibly wet for 10 minutes, and a dry fog doesn't wet anything. A company fogging the same product in Ohio faces the same ceiling we do. A few other fog products carry their own fog disinfection directions; that difference comes from the product, not the state.
Who should you call in Austin, and for what?
Match the problem to the license:
- You want to know whether there's mold, or want samples taken: a TDLR-licensed mold assessment consultant. Sampling is licensed work in Texas, so we don't take samples or send anything to a lab.
- You can see growth on drywall, a ceiling or cabinets: a licensed mold remediation company, which works from a plan written by a separate licensed assessor.
- Something is growing in the AC or ductwork: our sister company, Gold Eagle Services (details just below).
- The leak is fixed and the house still smells stale, smoky or like pets: that's where a whole-home dry fog treatment fits.
Mold in your AC system or ductwork? Call Gold Eagle Services, a licensed Texas mold remediation company that handles HVAC mold, at 512-489-4653. For mold anywhere else in the home, contact an independent state-licensed mold assessor or remediation company.
That last case is our job. Pure Maintenance Austin's whole-home dry fog treatment uses an EPA-registered hydrogen peroxide and peracetic acid product, applied according to its label. It helps control the growth of odor-causing microorganisms on hard, non-porous surfaces and temporarily reduces airborne particulates as it settles. A residential job is done in one day, and people and pets stay out for 4 hours afterward.
For plumbers, roofers and the other trades, our guide on who to call for indoor air problems sorts out the rest.
Common questions
Can a Texas dry fog company advertise mold removal?
Texas doesn't ban the word, but fogging to treat or prevent mold is remediation, and that needs a TDLR license once the mold covers 25 contiguous square feet or more. Some unlicensed companies say they only take jobs under that size. Pure Maintenance Austin doesn't offer mold work at any size and sends it to licensed companies.
Why do some Florida and New York fog companies say "mold remediation"?
Many of them hold a state mold license and do licensed remediation, including containment and tear-out, so the term matches the work. In those states, using the title without the license is what the law bars.
Does Pure Maintenance Austin check the air before or after a treatment?
No. In Texas, mold sampling is licensed assessment at any size, and we don't take samples of any kind. If you want your air checked, hire an independent licensed assessor who has no stake in the cleanup.
Is a dry fog treatment in another state stronger than one in Texas?
Not because of the state. The product and its label decide what a fog does and what a company may claim, and those don't change at the border. State law mostly changes who may do mold work and how they may advertise it.
What should you do next?
- Write down what you smell, in which rooms and when, before you call anyone.
- Fix leaks and dry out wet spots first.
- For mold questions, check a company's license through TDLR's mold program pages before you hire it.
- Book a free phone consultation once the cause is fixed and the smell lingers.
Get a free phone consultation
Book a free phone consultation. A Comfort Advisor will call you, learn what's going on in your home and send a written quote based on square footage. Pure Maintenance Austin, brought to you by Gold Eagle Services, serves all of Central Texas, including College Station, Round Rock, Georgetown, San Marcos, Bastrop and Marble Falls.
Call 512-904-4646 or email IAQ@goldeagleservices.com. We're open Monday through Saturday, 7am to 7pm.