The shipment that arrived at the border for import was in 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). Under FIFRA, a pesticide is any substance (or mixture of substances) intended for a pesticidal purpose, i.e., use for the purpose
of preventing, destroying, repelling, or mitigating any pest or use as a plant regulator, defoliant, or desiccant. (See 40 C.F.R. ? 152.15.) The label for Off Deep Woods Insect Repellant includes pesticidal claims and is thus a pesticide. The label for Off Deep Woods Insect Repellant has the following language ?For Sale in Canada Only?. Off Deep Woods Insect Repellant is not registered under section 3 of FIFRA (7 U.S.C. ? 136a). Therefore, this product cannot be allowed entry into the United States.