These statements demonstrate a pesticidal intent pursuant to the definitions above. Based
on the information provided, the Pureline Crystal Pure 3.0 Salt Systems 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 790 Pureline Crystal Pure 3.0 Salt Systems in the shipment referenced above are
misbranded pursuant to FIFRA section 2(q)(1), 7 U.S.C. ? 136(q)(1) because the labels bear
no EPA Establishment Number. Accordingly, based on the information provided,
importing the products in the shipment referenced above is a violation of FIFRA section
12(a)(1)(F), 7 U.S.C. ? 136j(a)(1)(F), as a distribution or sale of a misbranded device.
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. ? 12.114, a Noti