JANUARY 5, 2021 - NOTICE OF REFUSAL OF ADMISSION
FIFRA 12(a)(1)(F) To sell or distribute a pesticide device that is misbranded. The device is not labelled in accordance with FIFRA Section 2(q)(1). Specifically, the label does not contain a valid EPA Establishment Number, directions for use which are necessary for effecting the purpose for which the product is intended and it appears to contain false or misleading statements concerning the efficacy and safety of the device.
FIFRA 12(a)(2)(M) To knowingly falsify all or part of any report filed under FIFRA. Based on information provided, the EPA Establishment number entered in conjunction with the electronic filing electronic alternative to the Notice of Arrival of Pesticides and Devices (NOA) EPA Form 3540-1 was provided when, at the time, the company, who is both importer and manufacturer, was aware that it had only been assigned a company number and did not have a valid establishment number for the facility where the pesticide devices were produced.
FIFRA 12(a)(2)(N) Failure to file reports required by the Act. The importer or the importer's agent did not file or did not complete an electronic alternative to the NOA filed with the entry documentation via any U.S. Customs and Border Protection (CBP) authorized electronic data interchange system. Specifically, the individual point of contact information for the Location of Goods for Examination after Importation was not provided.