The Ozone Lite 30 is a FIFRA regulated product because it is intended for a pesticidal purpose and is
intended for trapping, destroying, repelling, or mitigating any pest, which includes virus, bacteria, or
other micro-organism, or any other form of plant or animal life (other than man and other than bacteria,
virus, or other microorganism on or in living man or other living animals). 7 U.S.C. ?? 136(h), 136(u).
The Ozone Lite 30 is misbranded pursuant to FIFRA section 2(q)(1), 7 U.S.C. ? 136(q)(1) because there
is no EPA Establishment Number, no directions for use, and no caution or warning statements on their
labels.
The Ozone Lite 30 is also misbranded because the labeling is false or misleading as defined by 7 U.S.C.
? 136(q)(1) and 40 C.F.R. ? 156.10(a)(5).
Therefore, these products are misbranded pursuant to 7 U.S.C. ? 136(q)(1).
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 file
reports required by the Act. As required by 19 C.F.R. section 12.114, a Notice of Arrival of Pesticides
and Devices, EPA form 3540-1, and a copy of one product label must be submitted.