Bacteri-Pond (For Algae Remediation in Non-Drinking Water Ponds) is a pesticide that is not registered under section 3 of FIFRA. Therefore, importing the pesticide products in the Shipment is a violation of FIFRA section 12(a)(1)(A), 7 U.S.C. ? 136j(a)(1)(A), which states that it is unlawful for any person to distribute or sell any pesticide that is not registered under section 3 of FIFRA, 7 U.S.C. ? 136a.
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. Matt Pak Inc. 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.