Integrated Environmental Technologies (IET), a South Carolina based pesticide registrant, and Seriously Clean, Ltd., of Nixa, Mo., a firm that served as an authorized distributor of IET’s product under a different brand name, have agreed to pay civil penalties of $87,344 and $91,829, respectively, to the Environmental Protection Agency (EPA) to settle alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
According to the EPA the firms sold a pesticide with claims and directions for use that differed substantially from the product’s registration, in violation of FIFRA.
Under FIFRA’s “supplemental distribution” provisions, a pesticide registrant may distribute or sell its registered product under another person’s name and address instead of (or in addition to) its own without a separate registration, where the product, referred to as a “distributor product”, is labeled the same as that of the basic registered product. The distributor may not make additions to the registrant’s basic product label (e.g., add claims, additional sites, or pests). Additionally, under FIFRA, the distributor is considered an agent of the registrant for all intents and purposes and both the registrant and the distributor may be held liable for violations pertaining to the distributor product.
In this case, IET is the official EPA registrant for EcaFlo Anolyte and Seriously Clean is an authorized supplemental distributor under the name Nixall Disinfectant + Cleanser. In September 2012, an inspection by the Missouri Department of Agriculture of the Seriously Clean facility revealed that Seriously Clean had supplementally distributed IET’s EcaFlo Anolyte product with claims that differed substantially from the product’s registration.
The sale or distribution of a pesticide with claims or directions for use that differ from those on the product’s registration can pose serious risks to human health, plant and animal life, and the environment. When products are distributed with misleading or incorrect directions for use, users can unintentionally misapply pesticides and the product as used may not effectively impact target organisms.
By agreeing to their respective settlements, IET and Seriously Clean have both certified that their operations are now in compliance with FIFRA and its regulations. In addition to the allegations pertaining to the distribution of the supplementally distributed IET product, the Seriously Clean settlement also resolves the alleged distribution of an unregistered pesticide, and the failure to submit a required production report to EPA.
For information on how to register or market a new pesticide product, contact Ann Marie Gaitan, Esq. at 305.443.8900 or via e-mail at [email protected].