The Square Hammer L.L.C. products in the Shipment are misbranded pursuant to FIFRA section 2(q)(1), 7 U.S.C. ? 136(q)(1), because their labels failed to bear an EPA establishment number, directions for use, and caution or warning statements. Therefore, importing these products in the Shipment 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 FIFRA. Square Hammer L.L.C. 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.