Contact Information: Ben Washburn, 913-551-7364, washburn.ben@epa.gov

(Lenexa, Kan., Aug. 19, 2013) – An Illinois pesticide manufacturer and a Nebraska company that sold some of its fly control products have agreed to pay civil penalties totaling $84,387 to EPA to settle allegations related to their roles in the distribution or sale of misbranded pesticides.

In separate administrative settlement agreements filed by EPA Region 7 in Lenexa, Kan.:

• Wellmark International, Inc., of Schaumburg, Ill., has agreed to pay a $44,704 civil penalty to resolve 19 violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) related to the Nebraska company’s distribution of its RF2025 Tub and RF2002 Block products from 2009 to 2011.

• Vitalix, Inc., of Alliance, Neb., has agreed to pay a $39,683 civil penalty to resolve 19 violations of FIFRA related to its sales of the RF2025 Tub misbranded as #5 Altosid IGR Fly Tub, and of the RF2002 Block product misbranded as Mineralix Fly Tub with Altosid IGR#11.

EPA alleged that the two fly control products were either misbranded with labels that did not include required cautionary language, or were distributed in conjunction with claims that differed from the pesticide registration information filed with EPA.

Under FIFRA, distributors of pesticides must ensure that the information on their products’ labels contains the same required cautionary information as found on the labels filed with EPA by the pesticides’ registrants, and that those pesticides are not distributed with claims that differ from the registration information filed with EPA.

Under federal regulations, a pesticide’s supplemental distributor – in this case, Vitalix – and its registrant – in this case, Wellmark International – are both responsible for ensuring that the distributor’s product is in compliance with FIFRA and the terms of the product’s registration.

Through their respective settlements with EPA, Wellmark International and Vitalix have certified that they are now in compliance with FIFRA and its regulations.

The news release doesn’t indicate if a recall of the mis-labeled pesticides was required by FIFRA.  If it was, and if the recalled pesticides were to be disposed of, the pesticide manufacturers could take advantage of Universal Waste regulations to avoid the heavier regulatory burden under the hazardous waste regulations.  Read here about Universal Waste Pesticides.