These claims demonstrate a pesticidal intent pursuant to the definitions above. Bilt-
Hamber Touch-Less Sugar Based Prewash is thus a pesticide subject to FIFRA regulation.
Bilt-Hamber Touch-Less Sugar Based Prewash is not registered pursuant to section 3 of
FIFRA, 7 U.S.C. ? 136a. Therefore, Bilt-Hamber Touch-Less Sugar Based Prewash is an
unregistered pesticide. Importing Bilt-Hamber Touch-Less Sugar Based Prewash 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 an unregistered pesticide.
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 FIFRA. 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. Neither a Notice of Arrival nor an image of the label was
submitted either electronically or via the CBP authorized electronic data interchange
system. Therefore, it cannot be allowed entry into the United States.