The shipment that arrived at the border for import is in violation of FIFRA section 12(a)(2)(N), 7 U.S.C.
? 136j(a)(2)(N), because a registrant, wholesaler, dealer, retailer, or other distributor failed to file a
report. As required by 19 C.F.R. ?12.114, a Notice of Arrival of Pesticides and Devices, EPA form
3540-1, must be submitted. A Notice of Arrival was not submitted either electronically or via the CBP
authorized electronic data interchange system.
The shipment that arrived at the border for import was in violation of FIFRA section 12(a)(1)(A)
(7 U.S.C. ? 136j(a)(1)(A)), which states that it is unlawful for any person to distribute or sell any
pesticide that is not registered under section 3 of FIFRA (7 U.S.C. ? 136a). Under FIFRA, a pesticide
is any substance (including antimicrobials) intended for a pesticidal purpose, i.e., use for the purpose
of preventing, destroying, repelling, or mitigating any pest or use as a plant regulator, defoliant, or
desiccant. (See 7 U.S.C. ? 136(u), 40 C.F.R. ? 152.15.)