On October 30, 2020, the EPA entered a settlement agreement with Danaher Corporation (Danaher), to resolve its liabilities under FIFRA. As part of the agreement, memorialized in a Consent Agreement and Final Order (CAFO), Danaher will pay a civil penalty in the amount of $48,215. The CAFO resolves Danaher?s liabilities for the following:
- Distribution and sale of misbranded pesticide devices in violation of Section 12(a)(1)(F) of FIFRA, 7 U.S.C. ? 136j(a)(1)(F);
- Production of pesticide devices at establishments not registered with the EPA in violation of Section 12(a)(2)(L) of FIFRA, 7 U.S.C.
? 136j(a)(2)(L);
- Failure to submit required device production reports in violation of Section 12(a)(2)(L) of FIFRA, 7 U.S.C. ? 136(a)(2)(L);
- Failure to maintain required records in violation of Section 12(a)(2)(B)(i) of FIFRA, 7 U.S.C. ? 136j(a)(2)(B)(i); and
- Failure to file Notices of Arrival for each shipment of pesticide devices imported into the United States in violation of Section 12(a)
(2)(N) of FIFRA, 7 U.S.C. ? 136j(a)(2)(N).
Danaher self-disclosed these FIFRA violations that it discovered at facilities it acquired from Pall Corporation and requested penalty mitigation under the EPA?s Audit Policy and the Interim Approach to Applying the Audit Policy to New Owners which modifies certain conditions of the Audit Policy for owners of newly acquired facilities. The civil penalty reflects the economic benefit Danaher gained as a result of no