The SEBO America LLC products in the Shipment are misbranded pursuant to FIFRA section 2(q)(1), 7 U.S.C. ? 136(q)(1), because there is no EPA establishment number, there are no directions for use, and no caution or warning statements on their labels or labeling. Importing these 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. SEBO America LLC did not file a copy of the label with form 3540-1, as required by 19 C.F.R. section 12.112, prior to the arrival of a shipment in the United States.