The shipment that arrived at the border for import was in violation of FIFRA section 12(a)(1)(e), 7 U.S.C. ? 136j(a)(1)(e), because a registrant, wholesaler, dealer, retailer, or other distributor sold or distributed a pesticide which is misbranded in that the labeling has a statement, design, or graphic representation that is false or misleading. The fooling language was not present on the pesticide that was intended for import, ?? depending upon requirements for treatment. The loading should not be less. than 2.0 oz. of Boric Acid per cubic foot of wood.?
Furthermore, inspection photo indicate that the graphics required by the Section 3 registered labeling were not legible on the pesticide labels of the product that was attempting import.