These claims demonstrate a pesticidal intent pursuant to the definitions above. The Sani-Spray is thus a pesticide and subject to FIFRA regulation.
Sani-Spray is not registered pursuant to section 3 of FIFRA, 7 U.S.C. ? 136a. Therefore, this is an unregistered pesticide. Importing these products in the shipment referenced above is a violation of FIFRA section 12(a)(1)(A), 7 U.S.C. ? 136j(a)(1)(A), as a distribution or sale of unregistered pesticides.
The shipment that arrived at the border for import is also 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 correctly file reports required by the Act. As required by 19 C.F.R. section 12.114, a Notice of Arrival of Pesticides and Devices (NOA), EPA form 3540-1, and a copy of one product label must be submitted.