Will civil or criminal penalties be imposed for all GLPS violations?
No. Section 9(c)(3) of FIFRA allows a written notice of warning to be issued for a minor violation, if such warning is determined to be adequate to serve the public interest. Section 14(a)(4) of the Act further provides that in determining the size of a penalty EPA may issue a warning in the case that a violation occurred despite exercise of due caution or did not cause significant harm to health or the environment. Finally, section 14(a)(2) of FIFRA provides that persons other than registrants, commercial applicators, wholesalers, dealers, retailers or other distributors who violate any provision of the Act may be assessed a civil penalty only subsequent to receiving a written warning for a prior violation. Thus, persons who only perform testing and are not engaged in the distribution and sale of pesticides will not be assessed civil penalties for their first offense. This does not extend to criminal penalties as described at section 14(b)(2) of FIFRA.
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