These statements demonstrate a pesticidal intent pursuant to the definitions above. Based
on the information available at this time, the Water Jet Cleaning Solution in the shipment
referenced above is a device under FIFRA section 2(h), 7 U.S.C. ? 136(h), and 40 C.F.R
? 152.500(a) because it falls within the definition of ?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 Water Jet Cleaning Solution 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 its label.