Pesticide companies to pay civil penalties for FIFRA​ violations

April 14, 2015

The U.S. Environmental Protection Agency announced that two South Carolina and Missouri pesticide companies will pay civil penalties to settle violations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

Under FIFRA all pesticides used in the United States must be registered with the EPA. A registered pesticide is labeled with use directions and other specifications to prevent unreasonable harm to individuals and the environment. Following licensing a registrant can distribute and sell their product under another name or address, instead of or in addition to its own, without a separate registration.

This is known as "supplemental distribution" and the product is known as a "distributor product." Labels on a distributor product must be the same as that of the product registered with the EPA. Distributors are not allowed to make additions to the product label by adding claims, additional sites of use or pests. If they do, the registrant and the distributor may be held liable for violations.

According to the EPA Integrated Environmental Technologies (IET), a South Carolina based pesticide registrant, and Seriously Clean, Ltd., of Nixa, Missouri, sold pesticide with advertising claims and directions for use that differed from the product's registration. IET is the official licensee for EcoFlo Anolyte and Seriously Clean distributes the product under the name Nixall Disinfectant Cleanser.

An inspection of the Seriously Clean facility in 2012, and the following investigation by the Missouri Department of Agriculture, found that the company had distributed Nixall with misleading or incorrect claims.

According to the settlement agreement the firms will pay $87,344 (IET) and $91,829 (Seriously Clean), which will serve as certification that their individual operations are now in compliance with FIFRA regulations.

By working with environmental consultants, companies in a variety of industries can ensure they are adhering to all relevant federal and state regulations.