On September 30, the importer Mila USA, Inc. attempted to import a shipment of Mila Air Purifier 2.0, Mila HEPA Filter 2.0, and Mila Prefilter Sock devices into the United States. All pesticide devices are required to be labeled in accordance with 40 C.F.R. Part 156, and any devices entering the United States cannot be misbranded (see Section 17 of FIFRA, 7 U.S.C. Section 136o(c)). The distribution of a misbranded pesticide device is an unlawful act under FIFRA Section 12(a)(1)(F), 7 U.S.C. Section 136j(a)(1)(F).
Finally, the Notice of Arrival of Pesticides and Devices on EPA Form 3540-1 was not initially filed for the shipment in accordance with 19 C.F.R. Section 12.112. Failure to file a report required by the Act is a violation of FIFRA Section 12(a)(2)(N), 7 U.S.C. Section 136j(a)(2)(N).