These claims demonstrate a pesticidal intent pursuant to the definitions above. Therefore,
Thermacell Tick Control Tubes is a pesticide subject to FIFRA regulation.
Thermacell Tick Control Tubes is not registered pursuant to section 3 of FIFRA, 7 U.S.C.
? 136a. Therefore, Thermacell Tick Control Tubes is an unregistered pesticide. Importing
Thermacell Tick Control Tubes 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