These claims demonstrate a pesticidal intent pursuant to the definitions above. NPK Elite
PG Professional Grade Lawn & Turf Fertilizer is thus a pesticide subject to FIFRA
regulation. NPK Elite PG Professional Grade Lawn & Turf Fertilizer is not registered
pursuant to section 3 of FIFRA, 7 U.S.C. ? 136a. Therefore, NPK Elite PG Professional
Grade Lawn & Turf Fertilizer is an unregistered pesticide. Importing NPK Elite PG
Professional Grade Lawn & Turf Fertilizer in the shipment referenced above is a violation
of FIFRA section 12(a)(1)(A), 7 U.S.C. ? 136j(a)(1)(A), as a distribution or sale of an
unregistered pesticide.