ATLANTA - Zep Inc., located in Atlanta, GA, has agreed to pay $905,000 to resolve alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the E.P.A. (EPA) announced today. As part of the settlement, Zep Inc., has certified that it is now in compliance with FIFRA.
The alleged violations are related to the sale and distribution of the unregistered and misbranded pesticide, "Formula 165", " as a supplemental distributor without 1st obtaining a supplemental distribution arrangement with the registrant between April 21, 2010, and January 6, 2012. The lack of a supplemental arrangement also meant that ZEP Incorporated was not authorized to manufacture or sell or distribute the pesticide.
In addition, E.P.A. alleged that Zep Inc., gave false certifications of compliance with FIFRA Good Lab Practices (GLP) on documents associated with the registration of 3 pesticides in its line of Enforcer brand insecticides - Enforcer RoachMax Bait, Enforcer AntMax Bait and Enforcer Fire Ant Bait. Pesticide registrants are required to certify their compliance with the GLP on any testing or studies submitted to the E.P.A. in support of a registration.
Under EPA's antimicrobial testing program, ZEP Formula 165 was evaluated, and EPA's testing showed that contrary to labeling claims, the product was ineffective against
Mycobacterium tuberculosis. A pesticide is misbranded and in violation of FIFRA if it makes false or misleading label claims.
The purpose of FIFRA is to ensure that no pesticides are produced, imported, distributed, sold, or used in a manner that poses an unreasonable risk to human health or the environment. The E.P.A. is committed to ensuring that products are properly registered which includes meeting GLP requirements. Further, products in the marketplace must meet stringent effectiveness standards, since the public cannot readily ascertain with the naked eye the effectiveness of antimicrobial pesticides. E.P.A. continues to place a priority on ensuring that pesticides are effective to protect human health and the environment.
E.P.A. continues to focus national enforcement efforts on supplemental distributor activities because, in many cases, the agency has found that labels on pesticides produced and sold by supplemental distributors often lack critical information required by law, which increases the risk of harm from potential misuse of the product.
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http://www.epa.gov/pesticides/.
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