Based
on the information provided, the SimPure Home Water Purifier DB10C-2KDF Whole
House Water Filters in the shipment referenced above fall within the definition of devices
under FIFRA section 2(h), 7 U.S.C. ? 136(h), and 40 C.F.R ? 152.500(a) as ?any instrument
or contrivance (other than a firearm) which 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); but not including equipment
used for the application of pesticides when sold separately therefrom.?
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 correctly file reports required by the Act. As required by 19
C.F.R. ? 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. Therefore, these pesticide products in
the shipment referenced above should not be allowed entry into the United States.