EPA v. In re Danaher Corporation, New Owner of Pall Corporation

Case summary

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 noncompliance, as permitted by the EPA?s Audit Policy.

Defendants (1)

• Danaher CorporationNamed in settlement

Facilities (1)

• 2200 PENNSYLVANIA AVENUE

  2200 PENNSYLVANIA AVENUE NW, WASHINGTON, DC, 20037

  Registry ID: 110055441295

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A2B — Refuse Records, Reports, Entry
• FIFRA 12A2L — Establishment Registration
• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• In re Danaher Corporation, New Owner of Pall Corporationentered 2020-11-05

  Primary law: FIFRA

  Federal penalty: $48,215

Timeline (2 milestones)

• 2020-11-05Final Order Issued
• 2021-10-15Enforcement Action Data Entered