Vitalix, Inc., of Alliance has agreed to pay a $39,683 civil penalty to resolve 19 violations of labeling regulations, the Environmental Protection Agency announced Tuesday.
The violations are related to Vitalix's sales of the RF2025 Tub, misbranded as #5 Altosid IGR Fly Tub, as well as sales of the RF2002 Block product, misbranded as Mineralix Fly Tub with Altosid IGR#11, EPA spokesman Ben Washburn said.
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 from 2009-11.
Washburn said that under the Federal Insecticide, Fungicide and Rodenticide Act, 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 Wellmark International of Schaumburg, Ill. — are both responsible to ensure the distributor’s product complies with FIFRA and the terms of the product’s registration, Washburn said.
Wellmark also agreed to pay a $44,704 civil penalty.
Wellmark International and Vitalix have certified that they are now in compliance with FIFRA and its regulations, Washburn said in announcing the settlement.