Definition of costs
Fees
In general
Effective beginning on the effective date of the Pesticide Registration Improvement Act of 2003, the Administrator shall assess and collect covered pesticide registration service fees in accordance with this section.
Covered applications
In general
An application for the registration of a pesticide covered by this subchapter that is received by the Administrator on or after the effective date of the Pesticide Registration Improvement Act of 2003 or for any other action covered by a table specified in paragraph (3)(B) shall be subject to a registration service fee under this section.
Existing applications
In general
Subject to clause (ii), an application for the registration of a pesticide that was submitted to the Administrator before the effective date of the Pesticide Registration Improvement Act of 2003 and is pending on that effective date shall be subject to a service fee under this section if the application is for the registration of a new active ingredient that is not listed in the Registration Division 2003 Work Plan of the Office of Pesticide Programs of the Environmental Protection Agency.
Tolerance or exemption fees
21 U.S.C. 301The amount of any fee otherwise payable for an application described in clause (i) under this section shall be reduced by the amount of any fees paid to support the related petition for a pesticide tolerance or exemption under the Federal Food, Drug, and Cosmetic Act ( et seq.).
Documentation
Payment
The registration service fee required under this subsection shall be due upon submission of the application.
Applications subject to additional fees
Effect of failure to pay fees
The Administrator shall reject any application submitted without the required registration service fee.
Non-refundable portion of fees
In general
The Administrator shall retain 25 percent of the applicable registration service fee.
Limitation
Any waiver, refund, credit or other reduction in the registration service fee shall not exceed 75 percent of the registration service fee.
Collection of unpaid fees
In any case in which the Administrator does not receive payment of a registration service fee (or applicable portion of the registration service fee) by the date that is 30 days after the fee is due, the fee shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 of title 31.
Schedule of covered applications and other actions and their registration service fees
Data evaluation records
Schedule, actions, and fees
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TABLE 1. — REGISTRATION DIVISION (RD) — NEW ACTIVE INGREDIENTS |
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EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
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(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
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(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or a first food use are covered by the base fee for that new active ingredient or first food use application and retain the same decision time review period as the new active ingredient or first food use application. The application must be received by the Agency in one package. The base fee for the category covers a maximum of five new products. Each application for an additional new product registration and new inert approval that is submitted in the new active ingredient application package or first food use application package is subject to the registration service fee for a new product or a new inert approval. All such associated applications that are submitted together will be subject to the new active ingredient or first food use decision review time. In the case of a new active ingredient application, until that new active ingredient is approved, any subsequent application for another new product containing the same active ingredient or an amendment to the proposed labeling will be deemed a new active ingredient application, subject to the registration service fee and decision review time for a new active ingredient. In the case of a first food use application, until that first food use is approved, any subsequent application for an additional new food use or uses will be subject to the registration service fee and decision review time for a first food use. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new active ingredient or first food use application. | ||||
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(3) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
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(4) If the Administrator determines that endangered species analysis is required for this action, using guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be extended for endangered species assessment one time only for up to 50%, upon written notification to the applicant, prior to completion of the technical screening. To the extent practicable, any reason for renegotiation should be resolved during the same extension. | ||||
R010 | 1 | New Active Ingredient, Food use. (2)(3) | 36 | 1,079,356 |
R020 | 2 | New Active Ingredient, Food use; reduced risk. (2)(3) | 27 | 899,464 |
R040 | 3 | New Active Ingredient, Food use; Experimental Use Permit application; establish temporary tolerance; submitted before application for registration; credit 45% of fee toward new active ingredient application that follows. (3)(4) | 18 | 662,883 |
R060 | 4 | New Active Ingredient, Non-food use; outdoor. (2)(3) | 30 | 749,886 |
R070 | 5 | New Active Ingredient, Non-food use; outdoor; reduced risk. (2)(3) | 24 | 624,905 |
R090 | 6 | New Active Ingredient, Non-food use; outdoor; Experimental Use Permit application; submitted before application for registration; credit 45% of fee toward new active ingredient application that follows. (3)(4) | 16 | 463,930 |
R110 | 7 | New Active Ingredient, Non-food use; indoor. (2)(3)(4) | 20 | 417,069 |
R120 | 8 | New Active Ingredient, Non-food use; indoor; reduced risk. (2)(3)(4) | 14 | 347,556 |
R121 | 9 | New Active Ingredient, Non-food use; indoor; Experimental Use Permit application; submitted before application for registration; credit 45% of fee toward new active ingredient application that follows. (3)(4) | 18 | 261,322 |
R122 | 10 | Enriched isomer(s) of registered mixed-isomer active ingredient. (2)(3) | 27 | 454,526 |
R123 | 11 | New Active Ingredient, Seed treatment only; includes agricultural and non-agricultural seeds; non-food use, not requiring a tolerance. (2)(3) | 27 | 676,296 |
R126 | 12 (new) | New Active Ingredient, Seed treatment only; limited uptake into raw agricultural commodities; use requiring a tolerance. (2)(3) | 31 | 743,925 |
R125 | 13 | New Active Ingredient, Seed treatment; Experimental Use Permit application; submitted before application for registration; credit 45% of fee toward new active ingredient application that follows. (3)(4) | 16 | 463,930 |
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TABLE 2. — REGISTRATION DIVISION (RD) — NEW USES |
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EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
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(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
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(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or a first food use are covered by the base fee for that new active ingredient or first food use application and retain the same decision time review period as the new active ingredient or first food use application. The application must be received by the Agency in one package. The base fee for the category covers a maximum of five new products. Each application for an additional new product registration and new inert approval that is submitted in the new active ingredient application package or first food use application package is subject to the registration service fee for a new product or a new inert approval. All such associated applications that are submitted together will be subject to the new active ingredient or first food use decision review time. In the case of a new active ingredient application, until that new active ingredient is approved, any subsequent application for another new product containing the same active ingredient or an amendment to the proposed labeling will be deemed a new active ingredient application, subject to the registration service fee and decision review time for a new active ingredient. In the case of a first food use application, until that first food use is approved, any subsequent application for an additional new food use or uses will be subject to the registration service fee and decision review time for a first food use. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new active ingredient or first food use application. | ||||
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(3) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
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(4) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for the new use(s). All items in the covered application must be submitted together in one package. Each application for an additional new product registration and new inert approval(s) that is submitted in the new use application package is subject to the registration service fee for a new product or a new inert approval. However, if a new use application only proposes to register the new use for a new product and there are no amendments in the application, then review of one new product application is covered by the new use fee. All such associated applications that are submitted together will be subject to the new use decision review time. Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to submission of the new use application and (b) prior to conclusion of its decision review time and (c) containing the same new uses, will be deemed a separate new-use application, subject to a separate registration service fee and new decision review time for a new use. If the new-use application includes non-food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type of new use and the longest decision review time applies to all of the new uses requested in the application. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new use application. | ||||
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(5) If the Administrator determines that endangered species analysis is required for this action, using guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be extended for endangered species assessment one time only for up to 50%, upon written notification to the applicant, prior to completion of the technical screening. To the extent practicable, any reason for renegotiation should be resolved during the same extension. | ||||
R130 | 14 | First food use; indoor; food/food handling. (2)(3)(5) | 23 | 274,388 |
R140 | 15 | Additional food use; Indoor; food/food handling. (3)(4)(5) | 17 | 64,028 |
R150 | 16 | First food use. (2)(3)(5) | 23 | 454,490 |
R155 | 17 | First food use, Experimental Use Permit application; active ingredient registered for non-food use. (3)(4)(5) | 21 | 378,742 |
R160 | 18 | First food use; reduced risk. (2)(3)(5) | 18 | 378,742 |
R170 | 19 | Additional food use. (3)(4)(5) | 17 | 113,728 |
R175 | 20 | Additional food uses covered within a crop group resulting from the conversion of existing approved crop group(s) to one or more revised crop groups. (3)(4)(5) | 14 | 94,774 |
R180 | 21 | Additional food use; reduced risk. (3)(4)(5) | 12 | 94,774 |
R190 | 22 | Additional food uses; 6 or more submitted in one application. (3)(4)(5) | 17 | 682,357 |
R200 | 23 | Additional Food Use; 6 or more submitted in one application; Reduced Risk. (3)(4)(5) | 12 | 568,632 |
R210 | 24 | Additional food use; Experimental Use Permit application; establish temporary tolerance; no credit toward new use registration. (3)(4)(5) | 12 | 70,210 |
R220 | 25 | Additional food use; Experimental Use Permit application; crop destruct basis; no credit toward new use registration. (3)(4)(5) | 6 | 28,434 |
R230 | 26 | Additional use; non-food; outdoor. (3)(4)(5) | 16 | 45,453 |
R240 | 27 | Additional use; non-food; outdoor; reduced risk. (3)(4)(5) | 10 | 37,878 |
R250 | 28 | Additional use; non-food; outdoor; Experimental Use Permit application; no credit toward new use registration. (3)(4)(5) | 6 | 28,434 |
R251 | 29 | Experimental Use Permit application which requires no changes to the tolerance(s); non-crop destruct basis. (3)(5) | 8 | 28,434 |
R260 | 30 | New use; non-food; indoor. (3)(4)(5) | 12 | 21,954 |
R270 | 31 | New use; non-food; indoor; reduced risk. (3)(4)(5) | 9 | 18,296 |
R271 | 32 | New use; non-food; indoor; Experimental Use Permit application; no credit toward new use registration. (3)(4)(5) | 6 | 13,940 |
R273 | 33 | Additional use; seed treatment only; use not requiring a new tolerance; includes crops with established tolerances (e.g., for soil or foliar application). (3)(4)(5) | 12 | 72,302 |
R274 | 34 | Additional use; seed treatment only; 6 or more submitted in one application; uses not requiring new tolerances; includes crops with established tolerances (e.g., for soil or foliar application). (3)(4)(5) | 12 | 433,793 |
R276 | 35 (new) | Additional use, seed treatment only; limited uptake into raw agricultural commodities; use requiring a tolerance. (3)(4)(5) | 14 | 79,560 |
R277 | 36 (new) | Additional use, seed treatment only; 6 or more submitted in one application; limited uptake into raw agricultural commodities; use requiring a tolerance. (3)(4)(5) | 14 | 477,360 |
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TABLE 3. — REGISTRATION DIVISION (RD) — IMPORT AND OTHER TOLERANCES |
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EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
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(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
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(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or a first food use are covered by the base fee for that new active ingredient or first food use application and retain the same decision time review period as the new active ingredient or first food use application. The application must be received by the Agency in one package. The base fee for the category covers a maximum of five new products. Each application for an additional new product registration and new inert approval that is submitted in the new active ingredient application package or first food use application package is subject to the registration service fee for a new product or a new inert approval. All such associated applications that are submitted together will be subject to the new active ingredient or first food use decision review time. In the case of a new active ingredient application, until that new active ingredient is approved, any subsequent application for another new product containing the same active ingredient or an amendment to the proposed labeling will be deemed a new active ingredient application, subject to the registration service fee and decision review time for a new active ingredient. In the case of a first food use application, until that first food use is approved, any subsequent application for an additional new food use or uses will be subject to the registration service fee and decision review time for a first food use. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new active ingredient or first food use application. | ||||
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(3) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
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(4) Amendment applications to add the revised use pattern(s) to registered product labels are covered by the base fee for the category. All items in the covered application must be submitted together in one package. Each application for an additional new product registration and new inert approval(s) that is submitted in the amendment application package is subject to the registration service fee for a new product or a new inert approval. However, if an amendment application only proposes to register the amendment for a new product and there are no amendments in the application, then review of one new product application is covered by the base fee. All such associated applications that are submitted together will be subject to the category decision review time. | ||||
R280 | 37 | Establish tolerances for residues in imported commodities; new active ingredient or first food use. (2) | 22 | 457,311 |
R290 | 38 | Establish tolerances for residues in imported commodities; Additional new food use. | 16 | 91,465 |
R291 | 39 | Establish tolerances for residues in imported commodities; additional food uses; 6 or more crops submitted in one petition. | 16 | 548,773 |
R292 | 40 | Amend an established tolerance (e.g., decrease or increase) and/or harmonize established tolerances with Codex Maximum Residue Limits; domestic or import; applicant-initiated. | 12 | 64,987 |
R293 | 41 | Establish tolerance(s) for inadvertent residues in one crop; applicant-initiated. | 13 | 76,656 |
R294 | 42 | Establish tolerances for inadvertent residues; 6 or more crops submitted in one application; applicant-initiated. | 13 | 459,922 |
R295 | 43 | Establish tolerance(s) for residues in one rotational crop in response to a specific rotational crop application; submission of corresponding label amendments which specify the necessary plant-back restrictions; applicant-initiated. (3)(4) | 16 | 94,774 |
R296 | 44 | Establish tolerances for residues in rotational crops in response to a specific rotational crop petition; 6 or more crops submitted in one application; submission of corresponding label amendments which specify the necessary plant-back restrictions; applicant-initiated. (3)(4) | 16 | 568,632 |
R297 | 45 | Amend 6 or more established tolerances (e.g., decrease or increase) in one petition; domestic or import; applicant-initiated. | 12 | 389,897 |
R298 | 46 | Amend an established tolerance (e.g., decrease or increase); domestic or import; submission of corresponding amended labels (requiring science review). (3)(4) | 14 | 83,940 |
R299 | 47 | Amend 6 or more established tolerances (e.g., decrease or increase); domestic or import; submission of corresponding amended labels (requiring science review). (3)(4) | 14 | 408,853 |
R281 | 48 (new) | Establish tolerances for residues in imported commodities; additional new food use; submission of residue chemistry data review conducted by Codex or other competent national regulatory authority. | 12 | 68,599 |
R282 | 49 (new) | Establish tolerances for residues in imported commodities; additional new food uses; 6 or more crops submitted in one petition; submission of residue chemistry data review conducted by Codex or other competent national regulatory authority. | 12 | 411,580 |
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TABLE 4. — REGISTRATION DIVISION (RD) — NEW PRODUCTS |
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EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
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(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
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(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered but (b) has an application pending with the Agency for review, will be considered an application for a new product with an unregistered source of active ingredient. | ||||
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(3) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
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(4) For the purposes of classifying proposed registration actions into PRIA categories, “pest(s) requiring efficacy” are both invertebrate and vertebrate pests. Invertebrate public health pests (e.g., ticks, mosquitoes, cockroaches, flies, etc.), structural pests (e.g., termites, carpenter ants, and wood-boring beetles) and certain invasive invertebrate species (e.g., Asian Longhorned beetle, Emerald Ashborer) are listed in the product performance rule, subpart R of part 158 of title 40, Code of Federal Regulations. This list may be updated/refined as invasive pest needs arise. All other pests (e.g., vertebrates) are listed in the Pesticide Registration Notice 2002-1. To determine the number of pests for the PRIA categories, pest groups, subgroups, and pest specific claims as listed in part 158 of title 40, Code of Federal Regulations, should be counted as follows. If seeking a label claim against a general pest group (e.g., cockroaches, mosquitoes, termites, etc.), each group will count as 1. If seeking a claim against a pest subgroup (e.g., small biting flies, filth flies, etc.) or specific pests (e.g., smokybrown cockroach, house fly, etc.) without a general claim, then each subgroup or specific pest will count as 1. | ||||
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(5) If the Administrator determines that endangered species analysis is required for this action, using guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be extended for endangered species assessment one time only for up to 50%, upon written notification to the applicant, prior to completion of the technical screening. To the extent practicable, any reason for renegotiation should be resolved during the same extension. | ||||
R300 | 50 | New product; or similar combination product (already registered) to an identical or substantially similar in composition and use to a registered product; registered source of active ingredient; no data review on acute toxicity, efficacy or child-resistant packaging — only product chemistry data; cite-all data citation, or selective data citation where applicant owns all required data, or applicant submits specific authorization letter from data owner. Category also includes 100% re-package of registered end-use or manufacturing-use product that requires no data submission nor data matrix. (2)(3) | 4 | 2,270 |
R301 | 51 | New product; or similar combination product (already registered) to an identical or substantially similar in composition and use to a registered product; registered source of active ingredient; selective data citation only for data on product chemistry and/or acute toxicity and/or public health pest efficacy (identical data citation and claims to cited product(s)), where applicant does not own all required data and does not have a specific authorization letter from data owner. (2)(3) | 4 | 2,720 |
R310 | 52 | New end-use or manufacturing-use product with registered source(s) of active ingredient(s); includes products containing two or more registered active ingredients previously combined in other registered products; excludes products requiring or citing an animal safety study; requires review of data package within RD only; includes data and/or waivers of data for only: 1. product chemistry and/or 2. acute toxicity and/or 4.[sic] Child-resistant packaging and/or 4. pest(s) requiring efficacy – for up to 3 target pests. (2)(3)(4) | 7 | 10,466 |
R314 | 53 | New end-use product containing up to three registered active ingredients never before registered as this combination in a formulated product; new product label is identical or substantially similar to the labels of currently registered products which separately contain the respective component active ingredients; excludes products requiring or citing an animal safety study; requires review of data package within RD only; includes data and/or waivers of data for only: 1. product chemistry and/or 2. acute toxicity and/or 3. child resistant packaging and/or 4. pest(s) requiring efficacy (4) for up to 3 target pests. (2)(3) | 8 | 12,364 |
R319 | 54 | New end-use product containing up to three registered active ingredients never before registered as this combination in a formulated product; new product label is identical or substantially similar to the labels of currently registered products which separately contain the respective component active ingredients; excludes products requiring or citing an animal safety study; requires review of data package within RD only; includes data and/or waivers of data for only: 1. product chemistry and/or 2. acute toxicity and/or 3. child resistant packaging and/or 4. pest(s) requiring efficacy (4) - for 4 to 7 target pests. (2)(3) | 10 | 18,097 |
R318 | 55 | New end-use product containing four or more registered active ingredients never before registered as this combination in a formulated product; new product label is identical or substantially similar to the labels of currently registered products which separately contain the respective component active ingredients; excludes products requiring or citing an animal safety study; requires review of data package within RD only; includes data and/or waivers of data for only: 1. product chemistry and/or 2. acute toxicity and/or 3. child resistant packaging and/or 4. pest(s) requiring efficacy – for up to 3 target pests. (2)(3)(4) | 9 | 18,994 |
R321 | 56 | New end-use product containing four or more registered active ingredients never before registered as this combination in a formulated product; new product label is identical or substantially similar to the labels of currently registered products which separately contain the respective component active ingredients; excludes products requiring or citing an animal safety study; requires review of data package within RD only; includes data and/or waivers of data for only: 1. product chemistry and/or 2. acute toxicity and/or 3. child resistant packaging and/or 4. pest(s) requiring efficacy (4) - for 4 to 7 target pests. (2)(3) | 11 | 24,727 |
R315 | 57 | New end-use on-animal product, registered source of active ingredient(s) with submission of data and/or waivers for only: 1. animal safety and 2. pest(s) requiring efficacy and/or 3. product chemistry and/or 4. acute toxicity and/or 5. child resistant packaging. (2)(3)(4) | 9 | 14,075 |
R316 | 58 | New end-use or manufacturing-use product with registered source(s) of active ingredient(s) including products containing two or more registered active ingredients previously combined in other registered products; excludes products requiring or citing an animal safety study; and requires review of data and/or waivers for only: 1. product chemistry and/or 2. acute toxicity and/or 3. child resistant packaging and/or 4. pest(s) requiring efficacy - for 4 to 7 target pests. (2)(3)(4) | 9 | 16,199 |
R317 | 59 | New end-use or manufacturing-use product with registered source(s) of active ingredient(s) including products containing two or more registered active ingredients previously combined in other registered products; excludes products requiring or citing an animal safety study; and requires review of data and/or waivers for only: 1. product chemistry and/or 2. acute toxicity and/or 3. child resistant packaging and/or 4. Pest(s) requiring efficacy - for greater than 7 target pests, (2)(3)(4) | 10 | 21,932 |
R320 | 60 | New product; new physical form; requires data review in science divisions. (2)(3)(5) | 12 | 18,958 |
R331 | 61 | New product; repack of identical registered end-use product as a manufacturing-use product; same registered uses only. (2)(3) | 3 | 3,627 |
R332 | 62 | New manufacturing-use product; registered active ingredient; unregistered source of active ingredient; submission of completely new generic data package; registered uses only; requires review in RD and science divisions. (2)(3) | 24 | 405,919 |
R333 | 63 | New product; manufacturing-use product or end-use product with unregistered source of active ingredient; requires science data review; new physical form; etc. Cite-all or selective data citation where applicant owns all required data. (2)(3) | 11 | 28,434 |
R334 | 64 | New product; manufacturing-use product or end-use product with unregistered source of the active ingredient; requires science data review; new physical form; etc. Selective data citation. (2)(3) | 12 | 33,108 |
R361 | 65 (new) | New end-use product containing up to three registered active ingredients never before registered as this combination in a formulated product; new product label is identical or substantially similar to the labels of currently registered products which separately contain the respective component active ingredients; excludes products requiring or citing an animal safety study; requires review of data package within RD only; includes data and/or waivers of data for only: 1. product chemistry and/or 2. acute toxicity and/or 3. Child resistant packaging and/or 4. pest(s) requiring efficacy – for more than 7 target pests. (2)(3)(4) | 12 | 23,400 |
R362 | 66 (new) | New end-use product containing four or more registered active ingredients never before registered as this combination in a formulated product; new product label is identical or substantially similar to the labels of currently registered products which separately contain the respective component active ingredients; excludes products requiring or citing an animal safety study; requires review of data package within RD only; includes data and/or waivers of data for only: 1. product chemistry and/or 2. acute toxicity and/or 3. Child resistant packaging and/or 4. pest(s) requiring efficacy – for more than 7 target pests. (2)(3)(4) | 13 | 25,350 |
R363 | 67 (new) | New product; repack of identical registered manufacturing-use product as an end-use product; same registered uses only, with no additional data. (2)(3) | 6 | 7,800 |
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TABLE 5. — REGISTRATION DIVISION (RD) — AMENDMENTS |
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|---|---|---|---|---|
EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
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(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
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(2) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials Division are to be completed within the timelines specified in section 3(h) and are not subject to registration service fees. (d) Registrant initiated amendments submitted by notification under PR Notices, such as PR Notice 98–10, continue under PR Notice timelines and are not subject to registration service fees. (e) Submissions with data and requiring data review are subject to registration service fees. | ||||
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(3) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
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(4) For the purposes of classifying proposed registration actions into PRIA categories, “pest(s) requiring efficacy” are both invertebrate and vertebrate pests. Invertebrate public health pests (e.g., ticks, mosquitoes, cockroaches, flies, etc.), structural pests (e.g., termites, carpenter ants, and wood-boring beetles) and certain invasive invertebrate species (e.g., Asian Longhorned beetle, Emerald Ashborer) are listed in the product performance rule, subpart R of part 158 of title 40, Code of Federal Regulations. This list may be updated/refined as invasive pest needs arise. All other pests (e.g., vertebrates) are listed in the Pesticide Registration Notice 2002-1. To determine the number of pests for the PRIA categories, pest groups, subgroups, and pest specific claims as listed in part 158 of title 40, Code of Federal Regulations, should be counted as follows. If seeking a label claim against a general pest group (e.g., cockroaches, mosquitoes, termites, etc.), each group will count as 1. If seeking a claim against a pest subgroup (e.g., small biting flies, filth flies, etc.) or specific pests (e.g., smokybrown cockroach, house fly, etc.) without a general claim, then each subgroup or specific pest will count as 1. | ||||
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(5) If the Administrator determines that endangered species analysis is required for this action, using guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be extended for endangered species assessment one time only for up to 50%, upon written notification to the applicant, prior to completion of the technical screening. To the extent practicable, any reason for renegotiation should be resolved during the same extension. | ||||
R340 | 68 | Amendment requiring data review within RD (e.g., changes to precautionary label statements); includes adding/modifying pest(s) claims for up to 2 target pests; excludes products requiring or citing an animal safety study. (2)(3) | 4 | 7,150 |
R341 | 69 | Amendment requiring data review within RD (e.g., changes to precautionary label statements), includes adding/modifying pest(s) claims for greater than 2 target pests; excludes products requiring or citing an animal safety study. (2)(3) | 6 | 8,584 |
R345 | 70 | Amending on-animal products previously registered, with the submission of data and/or waivers for only: 1. animal safety and 2. pest(s) requiring efficacy and/or 3. product chemistry and/or 4. acute toxicity and/or 5. child resistant packaging. (2)(3)(4) | 7 | 12,643 |
R350 | 71 | Amendment requiring data review in science divisions (e.g., changes to Restricted Entry Interval, or Personal Protective Equipment, or Preharvest Interval, or use rate, or number of applications; or add aerial application; or modify Ground Water/Surface Water advisory statement). (2)(3)(5) | 9 | 18,958 |
R351 | 72 | Amendment adding a new unregistered source of active ingredient. (2)(3) | 8 | 18,958 |
R352 | 73 | Amendment adding already approved uses; selective method of support; does not apply if the applicant owns all cited data. (2)(3) | 8 | 18,958 |
R371 | 74 | Amendment to Experimental Use Permit; (does not include extending a permit’s time period). (3) | 6 | 14,463 |
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TABLE 6. — REGISTRATION DIVISION (RD) — OTHER ACTIONS |
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|---|---|---|---|---|
EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
R124 | 75 | Conditional Ruling on Pre-application Study Waivers; applicant-initiated. | 6 | 3,627 |
R272 | 76 | Review of Study Protocol applicant-initiated; excludes Data Analysis Reporting Tool, pre-registration conference, Rapid Response review, developmental neurotoxicity protocol review, protocol needing Human Studies Review Board review, companion animal safety protocol. | 3 | 3,627 |
R275 | 77 | Rebuttal of Agency reviewed protocol, applicant initiated. | 3 | 3,627 |
R278 | 78 (new) | Review of Protocol for companion animal safety study. | 5 | 4,927 |
R279 | 79 (new) | Comparative product determination for reduced risk submission, applicant initiated; submitted before application for reduced risk new active ingredient or reduced risk new use. | 3 | 5,200 |
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TABLE 7. — ANTIMICROBIAL DIVISION (AD) — NEW ACTIVE INGREDIENTS |
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|---|---|---|---|---|
EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
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(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or a first food use are covered by the base fee for that new active ingredient or first food use application and retain the same decision time review period as the new active ingredient or first food use application. The application must be received by the Agency in one package. The base fee for the category covers a maximum of five new products. Each application for an additional new product registration and new inert approval that is submitted in the new active ingredient application package or first food use application package is subject to the registration service fee for a new product or a new inert approval. All such associated applications that are submitted together will be subject to the new active ingredient or first food use decision review time. In the case of a new active ingredient application, until that new active ingredient is approved, any subsequent application for another new product containing the same active ingredient or an amendment to the proposed labeling will be deemed a new active ingredient application, subject to the registration service fee and decision review time for a new active ingredient. In the case of a first food use application, until that first food use is approved, any subsequent application for an additional new food use or uses will be subject to the registration service fee and decision review time for a first food use. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new active ingredient or first food use application. | ||||
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(3) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
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(4) If the Administrator determines that endangered species analysis is required for this action, using guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be extended for endangered species assessment one time only for up to 50%, upon written notification to the applicant, prior to completion of the technical screening. To the extent practicable, any reason for renegotiation should be resolved during the same extension. | ||||
A380 | 80 | New Active Ingredient; Indirect Food use; establish tolerance or tolerance exemption if required. (2)(3)(4) | 26 | 227,957 |
A390 | 81 | New Active Ingredient; Direct Food use; establish tolerance or tolerance exemption if required. (2)(3)(4) | 26 | 329,265 |
A410 | 82 | New Active Ingredient Non-food use. (2)(3)(4) | 23 | 278,659 |
A431 | 83 | New Active Ingredient, Non-food use; low-risk. (2)(3)(4) | 14 | 114,984 |
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TABLE 8. — ANTIMICROBIAL DIVISION (AD) — NEW USES |
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|---|---|---|---|---|
EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
|
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or a first food use are covered by the base fee for that new active ingredient or first food use application and retain the same decision time review period as the new active ingredient or first food use application. The application must be received by the Agency in one package. The base fee for the category covers a maximum of five new products. Each application for an additional new product registration and new inert approval that is submitted in the new active ingredient application package or first food use application package is subject to the registration service fee for a new product or a new inert approval. All such associated applications that are submitted together will be subject to the new active ingredient or first food use decision review time. In the case of a new active ingredient application, until that new active ingredient is approved, any subsequent application for another new product containing the same active ingredient or an amendment to the proposed labeling will be deemed a new active ingredient application, subject to the registration service fee and decision review time for a new active ingredient. In the case of a first food use application, until that first food use is approved, any subsequent application for an additional new food use or uses will be subject to the registration service fee and decision review time for a first food use. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new active ingredient or first food use application. | ||||
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(3) If EPA data rules are amended to newly require clearance under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) for an ingredient of an antimicrobial product where such ingredient was not previously subject to such a clearance, then review of the data for such clearance of such product is not subject to a registration service fee for the tolerance action for two years from the effective date of the rule. | ||||
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(4) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
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(5) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for the new use(s). All items in the covered application must be submitted together in one package. Each application for an additional new product registration and new inert approval(s) that is submitted in the new use application package is subject to the registration service fee for a new product or a new inert approval. However, if a new use application only proposes to register the new use for a new product and there are no amendments in the application, then review of one new product application is covered by the new use fee. All such associated applications that are submitted together will be subject to the new use decision review time. Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to submission of the new use application and (b) prior to conclusion of its decision review time and (c) containing the same new uses, will be deemed a separate new-use application, subject to a separate registration service fee and new decision review time for a new use. If the new-use application includes non-food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type of new use and the longest decision review time applies to all of the new uses requested in the application. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new use application. | ||||
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(6) If the Administrator determines that endangered species analysis is required for this action, using guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be extended for endangered species assessment one time only for up to 50%, upon written notification to the applicant, prior to completion of the technical screening. To the extent practicable, any reason for renegotiation should be resolved during the same extension. | ||||
A440 | 84 | New Use, Indirect Food Use, establish tolerance or tolerance exemption. (2)(3)(4)(6) | 23 | 45,737 |
A441 | 85 | Additional Indirect food uses; establish tolerances or tolerance exemptions if required; 6 or more submitted in one application. (3)(4)(5)(6) | 23 | 164,639 |
A450 | 86 | New use, Direct food use, establish tolerance or tolerance exemption. (2)(3)(4)(6) | 23 | 137,198 |
A451 | 87 | Additional Direct food uses; establish tolerances or tolerance exemptions if required; 6 or more submitted in one application. (3)(4)(5)(6) | 22 | 261,333 |
A500 | 88 | New use, non-food. (4)(5)(6) | 15 | 45,737 |
A501 | 89 | New use, non-food; 6 or more submitted in one application. (4)(5)(6) | 17 | 109,764 |
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TABLE 9. — ANTIMICROBIAL DIVISION (AD) — NEW PRODUCTS AND AMENDMENTS |
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|---|---|---|---|---|
EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
|
(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered but (b) has an application pending with the Agency for review, will be considered an application for a new product with an unregistered source of active ingredient. | ||||
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(3) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
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(4) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials Division are to be completed within the timelines specified in section 3(h) and are not subject to registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide Registration (PR) Notices, such as PR Notice 98–10, continue under PR Notice timelines and are not subject to registration service fees. (e) Submissions with data and requiring data review are subject to registration service fees. | ||||
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(5) The applicant must identify the substantially similar product if opting to use cite-all or the selective method to support acute toxicity data requirements. | ||||
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(6) Once an application for an amendment or a new product with public health organisms has been submitted and classified into any of categories A460 through A465 or A470 through A475, additional organisms submitted for the same product before the first application is granted will result in combination and reclassification of both the original and subsequent submissions into the appropriate new category based on the sum of the number of organisms in both submissions. Submission of additional organisms would result in a new PRIA start date and may require additional fees to meet the fee of a new category. | ||||
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(7) If the Administrator determines that endangered species analysis is required for this action, using guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be extended for endangered species assessment one time only for up to 50%, upon written notification to the applicant, prior to completion of the technical screening. To the extent practicable, any reason for renegotiation should be resolved during the same extension. | ||||
A530 | 90 | New product, identical or substantially similar in composition and use to a registered product; no data review or only product chemistry data; cite all data citation or selective data citation where applicant owns all required data; or applicant submits specific authorization letter from data owner. Category also includes 100% re-package of registered end-use or manufacturing-use product that requires no data submission nor data matrix. (2)(3) | 4 | 1,833 |
A531 | 91 | New product; identical or substantially similar in composition and use to a registered product; registered source of active ingredient: selective data citation only for data on product chemistry and/or acute toxicity and/or public health pest efficacy, where applicant does not own all required data and does not have a specific authorization letter from data owner. (2)(3) | 4 | 2,616 |
A532 | 92 | New product; identical or substantially similar in composition and use to a registered product; registered active ingredient; unregistered source of active ingredient; cite-all data citation except for product chemistry; product chemistry data submitted. (2)(3) | 5 | 7,322 |
A550 | 93 | New end-use product; uses other than FIFRA § 2(mm); non-FQPA product. (2)(3)(5) | 9 | 18,958 |
A560 | 94 | New manufacturing-use product; registered active ingredient; selective data citation. (2)(3) | 6 | 18,054 |
A565 | 95 | New manufacturing-use product; registered active ingredient; unregistered source of active ingredient; submission of new generic data package; registered uses only; requires science review. (2)(3) | 18 | 26,135 |
A572 | 96 | New Product or amendment requiring data review for risk assessment by Science Branch (e.g., changes to Restricted Entry Interval, or Personal Protective Equipment, or use rate). (2)(3)(4)(7) | 9 | 18,958 |
A460 | 97 (new) | New end-use product; FIFRA §2(mm) uses only; 0 to 10 public health organisms. (2)(3)(5)(6) | 5 | 7,322 |
A461 | 98 (new) | New end-use product; FIFRA §2(mm) uses only; 11 to 20 public health organisms. (2)(3)(5)(6) | 6 | 10,158 |
A462 | 99 (new) | New end-use product; FIFRA §2(mm) uses only; 21 to 30 public health organisms. (2)(3)(5)(6) | 7 | 12,995 |
A463 | 100 (new) | New end-use product; FIFRA §2(mm) uses only; 31 to 40 public health organisms. (2)(3)(5)(6) | 9 | 15,831 |
A464 | 101 (new) | New end-use product; FIFRA §2(mm) uses only; 41 to 50 public health organisms. (2)(3)(5)(6) | 10 | 18,668 |
A465 | 102 (new) | New end-use product; FIFRA §2(mm) uses only; 51 or more public health organisms. (2)(3)(5)(6) | 11 | 21,505 |
A470 | 103 (new) | Label amendment requiring data review; 0 to 10 public health organisms. (3)(4)(5)(6) | 4 | 5,493 |
A471 | 104 (new) | Label amendment requiring data review; 11 to 20 public health organisms. (3)(4)(5)(6) | 5 | 8,506 |
A472 | 105 (new) | Label amendment requiring data review; 21 to 30 public health organisms. (3)(4)(5)(6) | 6 | 10,219 |
A473 | 106 (new) | Label amendment requiring data review; 31 to 40 public health organisms. (3)(4)(5)(6) | 7 | 11,933 |
A474 | 107 (new) | Label amendment requiring data review; 41 to 50 public health organisms. (3)(4)(5)(6) | 8 | 13,646 |
A475 | 108 (new) | Label amendment requiring data review; 51 or more public health organisms. (3)(4)(5)(6) | 9 | 15,766 |
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TABLE 10. — ANTIMICROBIAL DIVISION (AD) — EXPERIMENTAL USE PERMITS AND OTHER ACTIONS |
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|---|---|---|---|---|
EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
|
(2) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
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3) If the Administrator determines that endangered species analysis is required for this action, using guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be extended for endangered species assessment one time only for up to 50%, upon written notification to the applicant, prior to completion of the technical screening. To the extent practicable, any reason for renegotiation should be resolved during the same extension. | ||||
A520 | 109 | Experimental Use Permit application, non-food use. (2)(3) | 9 | 9,151 |
A521 | 110 | Review of public health efficacy study protocol within AD, per AD Internal Guidance for the Efficacy Protocol Review Process; Code will also include review of public health efficacy study protocol; applicant-initiated; Tier 1. | 6 | 6,776 |
A522 | 111 | Review of public health efficacy study protocol outside AD by members of AD Efficacy Protocol Review Expert Panel; Code will also include review of public health efficacy study protocol; applicant-initiated; Tier 2. | 12 | 17,424 |
A537 | 112 | New Active Ingredient/New Use, Experimental Use Permit application; Direct food use; Establish tolerance or tolerance exemption if required. Credit 45% of fee toward new active ingredient/new use application that follows. (3) | 18 | 219,512 |
A538 | 113 | New Active Ingredient/New Use, Experimental Use Permit application; Indirect food use; Establish tolerance or tolerance exemption if required Credit 45% of fee toward new active ingredient/new use application that follows. (3) | 18 | 137,198 |
A539 | 114 | New Active Ingredient/New Use, Experimental Use Permit application; Nonfood use. Credit 45% of fee toward new active ingredient/new use application that follows. (3) | 15 | 132,094 |
A529 | 115 | Amendment to Experimental Use Permit; requires data review or risk assessment. (2)(3) | 9 | 16,383 |
A523 | 116 | Review of protocol other than a public health efficacy study (i.e., Toxicology or Exposure Protocols). | 9 | 17,424 |
A571 | 117 | Science reassessment: refined ecological risk, and/or endangered species; applicant-initiated. (3) | 18 | 137,198 |
A533 | 118 | Exemption from the requirement of an Experimental Use Permit. (2) | 4 | 3,559 |
A534 | 119 | Rebuttal of Agency reviewed protocol, applicant initiated. | 4 | 6,776 |
A535 | 120 | Conditional ruling on pre-application study waiver or data bridging argument; applicant-initiated. | 6 | 3,454 |
A536 | 121 | Conditional ruling on pre-application direct food, indirect food, nonfood use determination; applicant-initiated. | 4 | 3,559 |
A575 | 122 (new) | Efficacy similarity determination; if two products can be bridged or if confirmatory efficacy data are needed. | 4 | 3,389 |
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TABLE 11. — BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) — NEW ACTIVE INGREDIENTS |
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|---|---|---|---|---|
EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
|
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or a first food use are covered by the base fee for that new active ingredient or first food use application and retain the same decision time review period as the new active ingredient or first food use application. The application must be received by the Agency in one package. The base fee for the category covers a maximum of five new products. Each application for an additional new product registration and new inert approval that is submitted in the new active ingredient application package or first food use application package is subject to the registration service fee for a new product or a new inert approval. All such associated applications that are submitted together will be subject to the new active ingredient or first food use decision review time. In the case of a new active ingredient application, until that new active ingredient is approved, any subsequent application for another new product containing the same active ingredient or an amendment to the proposed labeling will be deemed a new active ingredient application, subject to the registration service fee and decision review time for a new active ingredient. In the case of a first food use application, until that first food use is approved, any subsequent application for an additional new food use or uses will be subject to the registration service fee and decision review time for a first food use. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new active ingredient or first food use application. | ||||
|
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
|
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be extended for endangered species assessment one time only for up to 50%, upon written notification to the applicant, prior to completion of the technical screening. To the extent practicable, any reason for renegotiation should be resolved during the same extension. | ||||
B580 | 123 | New active ingredient; petition to establish a tolerance. (2)(3)(4) | 22 | 73,173 |
B590 | 124 | New active ingredient; petition to establish a tolerance exemption. (2)(3)(4) | 20 | 45,737 |
B600 | 125 | New active ingredient; no change to a permanent tolerance or tolerance exemption (includes non-food uses). (2)(3)(4) | 15 | 27,443 |
B610 | 126 | New active ingredient; Experimental Use Permit application; petition to establish a permanent or temporary tolerance or temporary tolerance exemption. (3)(4) | 12 | 18,296 |
B620 | 127 | New active ingredient; Experimental Use Permit application; non-food use (includes crop destruct). (3)(4) | 9 | 9,151 |
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TABLE 12. — BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) — NEW USES |
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|---|---|---|---|---|
EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
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(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or a first food use are covered by the base fee for that new active ingredient or first food use application and retain the same decision time review period as the new active ingredient or first food use application. The application must be received by the Agency in one package. The base fee for the category covers a maximum of five new products. Each application for an additional new product registration and new inert approval that is submitted in the new active ingredient application package or first food use application package is subject to the registration service fee for a new product or a new inert approval. All such associated applications that are submitted together will be subject to the new active ingredient or first food use decision review time. In the case of a new active ingredient application, until that new active ingredient is approved, any subsequent application for another new product containing the same active ingredient or an amendment to the proposed labeling will be deemed a new active ingredient application, subject to the registration service fee and decision review time for a new active ingredient. In the case of a first food use application, until that first food use is approved, any subsequent application for an additional new food use or uses will be subject to the registration service fee and decision review time for a first food use. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new active ingredient or first food use application. | ||||
|
(3) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for the new use(s). All items in the covered application must be submitted together in one package. Each application for an additional new product registration and new inert approval(s) that is submitted in the new use application package is subject to the registration service fee for a new product or a new inert approval. However, if a new use application only proposes to register the new use for a new product and there are no amendments in the application, then review of one new product application is covered by the new use fee. All such associated applications that are submitted together will be subject to the new use decision review time. Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to submission of the new use application and (b) prior to conclusion of its decision review time and (c) containing the same new uses, will be deemed a separate new-use application, subject to a separate registration service fee and new decision review time for a new use. If the new-use application includes non-food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type of new use and the longest decision review time applies to all of the new uses requested in the application. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screen, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new use application. | ||||
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(4) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
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(5) If the Administrator determines that endangered species analysis is required for this action, using guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be extended for endangered species assessment one time only for up to 50%, upon written notification to the applicant, prior to completion of the technical screening. To the extent practicable, any reason for renegotiation should be resolved during the same extension. | ||||
B630 | 128 | First food use; petition to establish/amend a tolerance exemption. (2)(4)(5) | 13 | 18,296 |
B640 | 129 | First food use; petition to establish/amend a tolerance. (2)(4)(5) | 19 | 27,443 |
B644 | 130 | New use, no change to an established tolerance or tolerance exemption (includes non-food uses). (3)(4)(5) | 8 | 18,296 |
B645 | 131 | New use; Experimental Use Permit; petition to establish a permanent or temporary tolerance or tolerance exemption. (4)(5) | 12 | 18,296 |
B646 | 132 | New use; Experimental Use Permit; non-food use (includes crop destruct). (4)(5) | 7 | 9,151 |
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TABLE 13. — BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) — NEW PRODUCTS |
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|---|---|---|---|---|
EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
|
(2) An application for a new end-use product using a source of active ingredient that (a) is not yet registered but (b) has an application pending with the Agency for review, will be considered an application for a new product with an unregistered source of active ingredient. | ||||
|
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
B660 | 133 | New product; registered source of active ingredient(s); identical or substantially similar in composition and use to a registered product; no change in an established tolerance or tolerance exemption; no data submission or data matrix (or submission of product chemistry data only). (2)(3) | 6 | 1,833 |
B670 | 134 | New product; registered source of active ingredient(s); no change in an established tolerance or tolerance exemption; (including non-food); Must address Product-Specific Data Requirements. (2)(3) | 9 | 7,322 |
B672 | 135 | New product; unregistered source of at least one active ingredient (or registered source with new generic data package); no change in an established tolerance or tolerance exemption (including non-food); must address Product-Specific and Generic Data Requirements. (2)(3) | 15 | 13,069 |
B673 | 136 | New product; unregistered source of active ingredient(s); citation of Technical Grade Active Ingredient (TGAI) data previously reviewed and accepted by the Agency; requires an Agency determination that the cited data support the new product. (2)(3) | 12 | 7,322 |
B674 | 137 | New product; repack of identical registered end-use product or repack of an end-use product as a manufacturing-use product; same registered uses only. (2)(3) | 4 | 1,833 |
B677 | 138 | New end-use non-food animal product with submission of two or more target animal safety studies; includes data and/or waivers of data for only: 1. product chemistry and/or 2. acute toxicity and/or 3. public health pest efficacy and/or 4. animal safety studies and/or 5. child resistant packaging. (2)(3) | 12 | 12,643 |
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TABLE 14. — BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) — AMENDMENTS |
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|---|---|---|---|---|
EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
|
(2) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials Division are to be completed within the timelines specified in section 3(h) and are not subject to registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to registration service fees. (e) Submissions with data and requiring data review are subject to registration service fees. | ||||
|
(3) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
|
(4) If the Administrator determines that endangered species analysis is required for this action, using guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be extended for endangered species assessment one time only for up to 50%, upon written notification to the applicant, prior to completion of the technical screening. To the extent practicable, any reason for renegotiation should be resolved during the same extension. | ||||
B621 | 139 | Amendment; Experimental Use Permit; no change to an established temporary or permanent tolerance or tolerance exemption. (3) (4) | 7 | 7,322 |
B622 | 140 | Amendment; Experimental Use Permit; petition to amend a permanent or temporary tolerance or tolerance exemption. (3)(4) | 11 | 18,296 |
B641 | 141 | Amendment; changes to an established tolerance or tolerance exemption. (4) | 13 | 18,296 |
B680 | 142 | Amendment; registered sources of active ingredient(s); no new use(s); no changes to an established tolerance or tolerance exemption; requires data submission. (2)(3) | 5 | 7,322 |
B681 | 143 | Amendment; unregistered source of active ingredient(s); no change to an established tolerance or tolerance exemption; requires data submission. (2)(3) | 7 | 8,714 |
B683 | 144 | Amendment; no change to an established tolerance or tolerance exemption; requires review/update of previous risk assessment(s) without data submission (e.g., labeling changes to Restricted Entry Interval, Personal Protective Equipment, Preharvest Interval). (2)(3) | 6 | 7,322 |
B684 | 145 | Amending non-food animal product that includes submission of target animal safety data; previously registered. (2)(3) | 8 | 12,643 |
B685 | 146 | Amendment; add a new biochemical unregistered source of active ingredient or a new microbial production site; requires submission of analysis of samples data and source/production site-specific manufacturing process description. (3) | 5 | 7,322 |
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TABLE 15. — BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) — STRAIGHT-CHAIN LEPIDOPTERAN PHEROMONES (SCLP) |
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|---|---|---|---|---|
EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
|
(2) All requests for new uses (food and/or nonfood) contained in any application for a new active ingredient or a first food use are covered by the base fee for that new active ingredient or first food use application and retain the same decision time review period as the new active ingredient or first food use application. The application must be received by the Agency in one package. The base fee for the category covers a maximum of five new products. Each application for an additional new product registration and new inert approval that is submitted in the new active ingredient application package or first food use application package is subject to the registration service fee for a new product or a new inert approval. All such associated applications that are submitted together will be subject to the new active ingredient or first food use decision review time. In the case of a new active ingredient application, until that new active ingredient is approved, any subsequent application for another new product containing the same active ingredient or an amendment to the proposed labeling will be deemed a new active ingredient application, subject to the registration service fee and decision review time for a new active ingredient. In the case of a first food use application, until that first food use is approved, any subsequent application for an additional new food use or uses will be subject to the registration service fee and decision review time for a first food use. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new active ingredient or first food use application. | ||||
|
(3) An application for a new end-use product using a source of active ingredient that (a) is not yet registered but (b) has an application pending with the Agency for review, will be considered an application for a new product with an unregistered source of active ingredient. | ||||
|
(4) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials Division are to be completed within the timelines specified in section 3(h) and are not subject to registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to registration service fees. (e) Submissions with data and requiring data review are subject to registration service fees. | ||||
|
(5) Amendment applications to add the new use(s) to registered product labels are covered by the base fee for the new use(s). All items in the covered application must be submitted together in one package. Each application for an additional new product registration and new inert approval(s) that is submitted in the new use application package is subject to the registration service fee for a new product or a new inert approval. However, if a new use application only proposes to register the new use for a new product and there are no amendments in the application, then review of one new product application is covered by the new use fee. All such associated applications that are submitted together will be subject to the new use decision review time. Any application for a new product or an amendment to the proposed labeling (a) submitted subsequent to submission of the new use application and (b) prior to conclusion of its decision review time and (c) containing the same new uses, will be deemed a separate new-use application, subject to a separate registration service fee and new decision review time for a new use. If the new-use application includes non-food (indoor and/or outdoor), and food (outdoor and/or indoor) uses, the appropriate fee is due for each type of new use and the longest decision review time applies to all of the new uses requested in the application. Any information that (a) was neither requested nor required by the Agency, and (b) is submitted by the applicant at the applicant’s initiative to support the application after completion of the preliminary technical screening, and (c) is not itself a covered registration application, must be assessed 25% of the full registration service fee for the new use application. | ||||
|
(6) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
|
(7) If the Administrator determines that endangered species analysis is required for this action, using guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be extended for endangered species assessment one time only for up to 50%, upon written notification to the applicant, prior to completion of the technical screening. To the extent practicable, any reason for renegotiation should be resolved during the same extension. | ||||
B690 | 147 | SCLP; new active ingredient; food or non-food use. (2)(6)(7) | 7 | 3,662 |
B700 | 148 | SCLP; Experimental Use Permit application; new active ingredient or new use. (6)(7) | 7 | 1,833 |
B701 | 149 | SCLP; Extend or amend Experimental Use Permit. (6)(7) | 4 | 1,833 |
B710 | 150 | SCLP; new product; registered source of active ingredient(s); identical or substantially similar in composition and use to a registered product; no change in an established tolerance or tolerance exemption; no data submission or data matrix (or only product chemistry data); (Includes 100% re-pack; repack of registered end-use product as a manufacturing-use product). (3)(6) | 4 | 1,833 |
B720 | 151 | SCLP; new product; registered source of active ingredient(s); no change in an established tolerance or tolerance exemption (including non-food); Must address Product-Specific Data Requirements. (3)(6) | 5 | 1,833 |
B721 | 152 | SCLP: new product; unregistered source of active ingredient; no change in an established tolerance or tolerance exemption (including non-food); must address Product-Specific and Generic Data Requirements. (3)(6) | 7 | 3,836 |
B722 | 153 | SCLP; new use and/or amendment; petition to establish a tolerance or tolerance exemption. (4)(5)(6)(7) | 7 | 3,552 |
B730 | 154 | SCLP; amendment requiring data submission. (4)(6) | 5 | 1,833 |
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TABLE 16. — BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) — OTHER ACTIONS |
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|---|---|---|---|---|
EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
B614 | 155 | Pre-application; Conditional Ruling on rationales for addressing a data requirement in lieu of data; applicant-initiated; applies to one (1) rationale at a time. | 3 | 3,627 |
B682 | 156 | Protocol review; applicant initiated; excludes time for Human Studies Review Board review (Includes rebuttal of protocol review). | 3 | 3,487 |
B616 | 157 (new) | Pre-application; Conditional Ruling on a non-food use determination. | 5 | 4,715 |
B617 | 158 (new) | Pre-application; biochemical classification determination. | 5 | 4,715 |
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TABLE 17. — BIOPESTICIDES AND POLLUTION PREVENTION DIVISION (BPPD) — PLANT-INCORPORATED PROTECTANTS (PIP) |
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|---|---|---|---|---|
EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
|
(2) “New PIP” means a PIP with an active ingredient that has not been registered. | ||||
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(3) “Registered PIP” means a PIP with an active ingredient that is currently registered. | ||||
|
(4) Transfer registered PIP through conventional breeding for new food/feed use, such as from field corn to sweet corn. | ||||
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(5) If, during review of the application, it is determined that review by the FIFRA Scientific Advisory Panel (SAP) is needed, the applicant will submit an application for category B905, which will be processed concurrently, and the decision review time for both applications will be the longer of the two associated applications. The scientific data involved in this category are complex. EPA often seeks technical advice from the SAP on risks that pesticides pose to wildlife, farm workers, pesticide applicators, non-target species, insect resistance, and novel scientific issues surrounding new technologies. The scientists of the SAP neither make nor recommend policy decisions. They provide advice on the science used to make these decisions. Their advice is invaluable to the EPA as it strives to protect humans and the environment from risks posed by pesticides. Due to the time it takes to schedule and prepare for meetings with the SAP, additional time and costs are needed. | ||||
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(7) Deployment of a registered PIP with a different Insecticide Resistance Management (IRM) plan (e.g., seed blend). | ||||
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(8) The negotiated acreage cap will depend upon EPA’s determination of the potential environmental exposure, risk(s) to non-target organisms, and the risk of targeted pest developing resistance to the pesticidal substance. The uncertainty of these risks may reduce the allowable acreage, based upon the quantity and type of non-target organism data submitted and the lack of insect resistance management data, which is usually not required for seed-increase registrations. Registrants are encouraged to consult with EPA prior to submission of a registration application in this category. | ||||
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(9) Application can be submitted prior to or concurrently with an application for commercial registration. | ||||
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(10) For example, IRM plan modifications that are applicant-initiated. | ||||
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(11) (a) EPA-initiated amendments shall not be charged registration service fees. (b) Registrant-initiated fast-track amendments are to be completed within the timelines specified in section 3(c)(3)(B) and are not subject to registration service fees. (c) Registrant-initiated fast-track amendments handled by the Antimicrobials Division are to be completed within the timelines specified in section 3(h) and are not subject to registration service fees. (d) Registrant initiated amendments submitted by notification under Pesticide Registration (PR) Notices, such as PR Notice 98-10, continue under PR Notice timelines and are not subject to registration service fees. (e) Submissions with data and requiring data review are subject to registration service fees. | ||||
|
(12) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
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(13) This category does not include genetic modifications in animals not intended for use as a pesticide, e.g., genetic modifications in animals intended for food use or animals intended for use as companion animals. | ||||
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(14) If the Administrator determines that endangered species analysis is required for this action, using guidance finalized according to section 33(c)(3)(B) for this specific type of action, the decision review time can be extended for endangered species assessment one time only for up to 50%, upon written notification to the applicant, prior to completion of the technical screening. To the extent practicable, any reason for renegotiation should be resolved during the same extension. | ||||
B740 | 159 | Experimental Use Permit application; no petition for tolerance/tolerance exemption; includes: 1. non-food/feed use(s) for a new (2) or registered (3) PIP (12); 2. food/feed use(s) for a new or registered PIP with crop destruct; 3. food/feed use(s) for a new or registered PIP in which an established tolerance/tolerance exemption exists for the intended use(s). (4)(5)(12) | 9 | 137,198 |
B750 | 160 | Experimental Use Permit application; with a petition to establish a temporary or permanent tolerance/tolerance exemption for the active ingredient. Includes new food/feed use for a registered (3) PIP. (4)(12) | 12 | 182,927 |
B771 | 161 | Experimental Use Permit application; new (2) PIP; with petition to establish a temporary tolerance/tolerance exemption for the active ingredient; credit 75% of B771 fee toward registration application for a new active ingredient that follows. (5)(12) | 13 | 182,927 |
B772 | 162 | Application to amend or extend a PIP Experimental Use Permit; no petition since the established tolerance/tolerance exemption for the active ingredient is unaffected. (12) | 3 | 18,296 |
B773 | 163 | Application to amend or extend a PIP Experimental Use Permit; with petition to extend a temporary tolerance/tolerance exemption for the active ingredient. (12) | 9 | 45,737 |
B780 | 164 | Registration application; new (2) PIP; non-food/feed or food/feed without tolerance petition based on an existing permanent tolerance exemption. (5)(12)(14) | 16 | 228,657 |
B800 | 165 | Registration application; new (2) PIP; with petition to establish permanent tolerance/tolerance exemption for the active ingredient based on an existing temporary tolerance/tolerance exemption. (5)(12)(14) | 17 | 246,949 |
B820 | 166 | Registration application; new (2) PIP; with petition to establish or amend a permanent tolerance/tolerance exemption of an active ingredient. (5)(12)(14) | 19 | 292,682 |
B851 | 167 | Registration application; new event of a previously registered PIP active ingredient(s); no petition since permanent tolerance/tolerance exemption is already established for the active ingredient(s). (12) | 9 | 182,927 |
B870 | 168 | Registration application; registered (3) PIP; new product; new use; no petition since a permanent tolerance/tolerance exemption is already established for the active ingredient(s). (4)(12)(14) | 9 | 54,881 |
B880 | 169 | Registration application; registered (3) PIP; new product or new terms of registration; additional data submitted; no petition since a permanent tolerance/tolerance exemption is already established for the active ingredient(s). (5)(6)(7)(12)(14) | 9 | 45,737 |
B883 | 170 | Registration application; new (2) PIP, seed increase with negotiated acreage cap and time-limited registration; with petition to establish a permanent tolerance/tolerance exemption for the active ingredient based on an existing temporary tolerance/tolerance exemption. (5)(8)(12)(14) | 13 | 182,927 |
B884 | 171 | Registration application; new (2) PIP, seed increase with negotiated acreage cap and time-limited registration; with petition to establish a permanent tolerance/tolerance exemption for the active ingredient. (5)(8)(12)(14) | 19 | 228,657 |
B885 | 172 | Registration application; registered (2) PIP, seed increase; breeding stack of previously approved PIPs, same crop; no petition since a permanent tolerance/tolerance exemption is already established for the active ingredient(s). (9)(12) | 6 | 45,737 |
B890 | 173 | Application to amend a seed increase registration; converts registration to commercial registration; no petition since permanent tolerance/tolerance exemption is already established for the active ingredient(s). (5)(12)(14) | 9 | 91,465 |
B900 | 174 | Application to amend a registration, including actions such as modifying an IRM plan, or adding an insect to be controlled. (5)(10)(11)(12) | 6 | 18,296 |
B902 | 175 | PIP Protocol review. | 3 | 9,151 |
B903 | 176 | Inert ingredient permanent tolerance exemption; e.g., a marker such as NPT II; reviewed in BPPD. | 12 | 91,465 |
B904 | 177 | Import tolerance or tolerance exemption; processed commodities/food only (inert or active ingredient). | 12 | 182,927 |
B905 | 178 | FIFRA Scientific Advisory Panel Review. | 6 | 91,465 |
B906 | 179 | Petition to establish a temporary tolerance/tolerance exemption for one or more active ingredients. | 9 | 45,733 |
B907 | 180 | Petition to establish a permanent tolerance/tolerance exemption for one or more active ingredients based on an existing temporary tolerance/tolerance exemption. | 9 | 18,296 |
B909 | 181 (new) | PIP tolerance exemption determination; applicant-initiated; request to determine if an existing tolerance exemption applies to a PIP. | 6 | 18,296 |
B910 | 182 (new) | Biotechnology Notification for small-scale field testing of genetically engineered microbes. | 3 | 9,151 |
B921 | 183 (new) | Experimental Use Permit application; genetic modifications in animals intended for use as a pesticide (e.g., for pest population control); non-food/feed. This category would cover substances produced and used in animals that are intended for use as a pesticide, such as for pest population control, including the genetic material in such animals. Credit 75% of B921 fee toward registration application for the new active ingredient that follows (B922). (5)(12)(13) | 12 | 182,927 |
B922 | 184 (new) | Registration application; new active ingredient; genetic modifications in animals intended for use as a pesticide (e.g., for pest population control); non-food/feed. This category would cover substances produced and used in animals that are intended for use as a pesticide, such as for pest population control, including the genetic material in such animals. (5)(12)(13)(14) | 16 | 228,657 |
B923 | 185 (new) | Experimental Use Permit application; genetic modifications in animals intended for use as a pesticide (e.g., for pest population control); with petition to establish a temporary or permanent tolerance/tolerance exemption of an active ingredient. This category would cover substances produced and used in animals that are intended for use as a pesticide, such as for pest population control, including the genetic material in such animals. Credit 75% of B923 fee toward registration application for the new active ingredient that follows (B924). (5)(12)(13)(14) | 15 | 228,658 |
B924 | 186 (new) | Registration application; new active ingredient; genetic modifications in animals intended for use as a pesticide (e.g., for pest population control); with petition to establish a permanent tolerance/tolerance exemption of an active ingredient. This category would cover substances produced and used in animals that are intended for use as a pesticide, such as for pest population control, including the genetic material in such animals. (5)(12)(13)(14) | 19 | 292,682 |
B925 | 187 (new) | Experimental Use Permit application; exogenous applications of RNA to elicit the RNA interference pathway in pests; non-food/feed; credit 75% of B925 fee toward registration application for the new active ingredient that follows (B926). (5)(12) | 11 | 27,452 |
B926 | 188 (new) | Registration application; new active ingredient; exogenous applications of RNA to elicit the RNA interference pathway in pests; non-food/feed. (5)(12)(14) | 17 | 82,329 |
B927 | 189 (new) | Experimental Use Permit application; exogenous applications of RNA to elicit the RNA interference pathway in pests; with petition to establish a temporary or permanent tolerance/tolerance exemption of an active ingredient; credit 75% of B927 fee toward registration application for the new active ingredient that follows (B928). (5)(12) | 14 | 54,889 |
B928 | 190 (new) | Registration application; new active ingredient; exogenous applications of RNA to elicit the RNA interference pathway in pests; with petition to establish a permanent tolerance/tolerance exemption of an active ingredient. (5)(12)(14) | 22 | 137,210 |
B929 | 191 (new) | Registration application; new product, registered active ingredient; exogenous applications of RNA to elicit the RNA interference pathway in pests; no petition since a permanent tolerance/tolerance exemption is already established for the active ingredient(s). (5)(12) | 10 | 7,322 |
B930 | 192 (new) | Application to amend or extend a non-PIP Emerging Technologies Experimental Use Permit; no petition since the established tolerance/tolerance exemption for the active ingredient is unaffected. (12) | 3 | 18,296 |
B931 | 193 (new) | Application to amend or extend a non-PIP Emerging Technologies Experimental Use Permit; with petition to extend a temporary tolerance/tolerance exemption for the active ingredient. (12) | 9 | 45,737 |
B932 | 194 (new) | Amendment; application to amend a non-PIP Emerging Technologies registration. (4)(5)(12) | 6 | 18,296 |
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TABLE 18. — INERT INGREDIENTS |
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|---|---|---|---|---|
EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
|
(2) If another covered application is submitted that depends upon an application to approve an inert ingredient, each application will be subject to its respective registration service fee. The decision review time for both submissions will be the longest of the associated applications. If the application covers multiple ingredients grouped by EPA into one chemical class, a single registration service fee will be assessed for approval of those ingredients. | ||||
|
(3) If EPA data rules are amended to newly require clearance under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a) for an ingredient of an antimicrobial product where such ingredient was not previously subject to such a clearance, then review of the data for such clearance of such product is not subject to a registration service fee for the tolerance action for two years from the effective date of the rule. | ||||
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(4) Due to low fee and short time frame this category is not eligible for small business waivers. | ||||
I001 | 195 | Approval of new food use inert ingredient. (2)(3) | 15 | 38,698 |
I002 | 196 | Amend currently approved inert ingredient tolerance or exemption from tolerance; new data. (2) | 13 | 10,750 |
I003 | 197 | Amend currently approved inert ingredient tolerance or exemption from tolerance; no new data. (2) | 11 | 4,742 |
I004 | 198 | Approval of new non-food use inert ingredient. (2) | 6 | 15,803 |
I005 | 199 | Amend currently approved non-food use inert ingredient with new use pattern; new data. (2) | 6 | 7,903 |
I006 | 200 | Amend currently approved non-food use inert ingredient with new use pattern; no new data. (2) | 4 | 4,742 |
I007 | 201 | Approval of substantially similar non-food use inert ingredients when original inert is compositionally similar with similar use pattern. (2) | 5 | 2,371 |
I008 | 202 | Approval of new or amended polymer inert ingredient, food use. (2) | 7 | 5,374 |
I009 | 203 | Approval of new or amended polymer inert ingredient, non-food use. (2) | 4 | 4,427 |
I010 | 204 | Petition to amend a single tolerance exemption descriptor, or single non-food use descriptor, to add ≤ 10 CASRNs; no new data. (2) | 7 | 2,371 |
I011 | 205 | Approval of new food use safener with tolerance or exemption from tolerance. (2) | 26 | 856,631 |
I012 | 206 | Approval of new non-food use safener. (2) | 21 | 595,147 |
I013 | 207 | Approval of additional food use for previously approved safener with tolerance or exemption from tolerance. (2) | 17 | 90,260 |
I014 | 208 | Approval of additional non-food use for previously approved safener. (2) | 15 | 36,074 |
I015 | 209 | Approval of new generic data for previously approved food use safener. (2) | 26 | 386,589 |
I016 | 210 | Approval of amendment(s) to tolerance and label for previously approved safener. (2) | 15 | 79,942 |
I017 | 211 (new) | Add new source of previously approved safener. | 8 | 18,958 |
I018 | 212 (new) | Petition to add one approved inert ingredient (CASRN) to the Commodity Inert Ingredient List; no data. (4) | 3 | 2,371 |
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TABLE 19. — EXTERNAL REVIEW AND MISCELLANEOUS ACTIONS |
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|---|---|---|---|---|
EPA No. | New CR No. | Action | Decision Review Time (Months)(1) | Registration Service Fee ($) |
|
(1) A decision review time that would otherwise end on a Saturday, Sunday, or Federal holiday, will be extended to end on the next business day. | ||||
|
(2) Any other covered application that is associated with and dependent on the review by the Human Studies Review Board will be subject to its separate registration service fee. The decision review times for the associated actions run concurrently, but will end at the date of the latest review time. | ||||
|
(3) Any other covered application that is associated with and dependent on the FIFRA Scientific Advisory Panel review will be subject to its separate registration service fee. The decision review time for the associated action will be extended by the decision review time for the SAP review. | ||||
|
(4) If another covered application is submitted that depends upon an application to approve an inert ingredient, each application will be subject to its respective registration service fee. The decision review time for both submissions will be the longest of the associated applications. If the application covers multiple ingredients grouped by EPA into one chemical class, a single registration service fee will be assessed for approval of those ingredients. | ||||
|
(5) An application for a new end-use product using a source of active ingredient that (a) is not yet registered but (b) has an application pending with the Agency for review, will be considered an application for a new product with an unregistered source of active ingredient. | ||||
|
(6) Where the action involves approval of a new or amended label, on or before the end date of the decision review time, the Agency shall provide to the applicant a draft accepted label, including any changes made by the Agency that differ from the applicant-submitted label and relevant supporting data reviewed by the Agency. The applicant will notify the Agency that the applicant either (a) agrees to all of the terms associated with the draft accepted label as amended by the Agency and requests that it be issued as the accepted final Agency-stamped label; or (b) does not agree to one or more of the terms of the draft accepted label as amended by the Agency and requests additional time to resolve the difference(s); or (c) withdraws the application without prejudice for subsequent resubmission, but forfeits the associated registration service fee. For cases described in (b), the applicant shall have up to 30 calendar days to reach agreement with the Agency on the final terms of the Agency-accepted label. If the applicant agrees to all of the terms of the accepted label as in (a), including upon resolution of differences in (b), the Agency shall provide an accepted final Agency-stamped label to the registrant within 2 business days following the registrant’s written or electronic confirmation of agreement to the Agency. | ||||
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(7) Due to low fee and short time frame this category is not eligible for small business waivers. | ||||
|
(8) This category includes amendments the sole purpose of which is to add “Design for the Environment” (DfE) (or equivalent terms that do not use “safe” or derivatives of “safe”) logos to a label. DfE is a voluntary program. A label bearing a DfE logo is not considered an Agency endorsement because the ingredients in the qualifying product must meet objective, scientific criteria established and widely publicized by EPA. | ||||
M001 | 213 | Study protocol requiring Human Studies Review Board review as defined in 40 CFR Part 26 in support of a currently registered active ingredient. | 14 | 11,378 |
M002 | 214 | Completed study requiring Human Studies Review Board review as defined in 40 CFR Part 26 in support of an active ingredient. (2) | 14 | 11,378 |
M003 | 215 | External technical peer review of new active ingredient, product, or amendment (e.g., consultation with FIFRA Scientific Advisory Panel) for an action with a decision timeframe of less than 12 months. Applicant initiated request based on a requirement of the Administrator, as defined by FIFRA § 25(d), in support of a novel active ingredient, or unique use pattern or application technology. Excludes PIP active .ingredients. (3) | 12 | 91,651 |
M004 | 216 | External technical peer review of new active ingredient, product, or amendment (e.g., consultation with FIFRA Scientific Advisory Panel) for an action with a decision timeframe of greater than 12 months. Applicant initiated request based on a requirement of the Administrator, as defined by FIFRA § 25(d), in support of a novel active ingredient, or unique use pattern or application technology. Excludes PIP active ingredients. (3) | 18 | 91,651 |
M005 | 217 | New Product: Combination, Contains a combination of active ingredients from a registered and/or unregistered source; conventional, antimicrobial and/or biopesticide. Requires coordination with other regulatory divisions to conduct review of data, label and/or verify the validity of existing data as cited. Only existing uses for each active ingredient in the combination product. (4)(5)(6) | 9 | 31,604 |
M006 | 218 | Request for up to 5 letters of certification (Gold Seal) for one actively registered product (excludes distributor products). (7) | 1 | 398 |
M007 | 219 | Request to extend Exclusive Use of data as provided by FIFRA Section 3(c)(1)(F)(ii). | 12 | 7,903 |
M008 | 220 | Request to grant Exclusive Use of data as provided by FIFRA Section 3(c)(1)(F)(vi) for a minor use, when a FIFRA Section 2(ll)(2) determination is required. | 15 | 2,371 |
M009 | 221 | Non-FIFRA Regulated Determination; applicant-initiated, per product. | 6 | 3,389 |
M010 | 222 | Conditional ruling on pre-application, product substantial similarity. | 4 | 3,389 |
M011 | 223 | Label amendment to add the DfE logo; requires data review; no other label changes. (8) | 4 | 5,230 |
M012 | 224 (new) | Request for up to 5 letters of certification (Certificate of Establishment) for one actively registered product or one product produced for export (excludes distributor products). (7) | 1 | 398 |
M013 | 225 (new) | Cancer reassessment; applicant-initiated. | 18 | 284,144 |
M014 | 227 (new) | Pre-application nano-particle determination. | 8 | 17,424 |
Pending pesticide registration applications
In general
An applicant that submitted a registration application to the Administrator before the effective date of the Pesticide Registration Improvement Act of 2003, but that is not required to pay a registration service fee under paragraph (2)(B), may, on a voluntary basis, pay a registration service fee in accordance with paragraph (2)(B).
Voluntary fee
The Administrator may not compel payment of a registration service fee for an application described in subparagraph (A).
Documentation
Resubmission of covered applications
If a covered application is submitted by a person that paid the fee for the application under paragraph (2), is determined by the Administrator to be complete, and is not approved or is withdrawn (without a waiver or refund), the submission of the same covered application by the same person (or a licensee, assignee, or successor of the person) shall not be subject to a fee under paragraph (2).
Fee adjustment
In general
1
Additional adjustment
Subject to the following sentence, effective for a covered application received on or after , the Administrator may increase by an additional 5 percent the registration service fee in effect as of . No adjustment may be made under the preceding sentence until the date on which the Administrator begins to implement any recommendations for process improvements contained in the report under subsection (c)(4), as appropriate.
Publication
The Administrator shall publish in the Federal Register the service fee schedules revised pursuant to this paragraph.
Waivers and reductions
In general
An applicant for a covered application may request the Administrator to waive or reduce the amount of a registration service fee payable under this section under the circumstances described in subparagraphs (D) through (G), except that no waiver or fee reduction shall be provided in connection with a request for a letter of certification (including a Gold Seal letter and a Certificate of Establishment).
Documentation
In general
A request for a waiver from or reduction of the registration service fee shall be accompanied by appropriate documentation demonstrating the basis for the waiver or reduction.
Certification
The applicant shall provide to the Administrator a written certification, signed by a responsible officer, that the documentation submitted to support the waiver or reduction request is accurate.
Inaccurate documentation
Determination to grant or deny request
Minor uses
In general
The Administrator may exempt from, or waive a portion of, the registration service fee for an application for minor uses for a pesticide.
Supporting documentation
An applicant requesting a waiver or exemption under this subparagraph shall provide supporting documentation that demonstrates, to the satisfaction of the Administrator, that anticipated revenues from the uses that are the subject of the application would be insufficient to justify imposition of the full application fee.
IR–4 exemption
Small businesses
In general
section 136a–1(i)(1)(E)(ii) of this titleThe Administrator shall waive 50 percent of the registration service fees payable by an entity for a covered application under this section if the entity is a small business (as defined in ) at the time of application.
Waiver of fees
Formation for waiver
The Administrator shall not grant a waiver under this subparagraph if the Administrator determines that the entity submitting the application has been formed or manipulated primarily for the purpose of qualifying for the waiver.
Documentation
Federal and State agency exemptions
An agency of the Federal Government or a State government shall be exempt from covered registration service fees under this section.
Refunds
Early withdrawals
2
Withdrawals after the first 60 days of decision review time period
In general
If a covered application is withdrawn after the first 60 days of the applicable decision time review period, the Administrator shall determine what portion, if any, of the total registration service fee payable under paragraph (3)(B) for the application may be refunded based on the proportion of the work completed at the time of withdrawal.
Timing
Discretionary refunds
In general
In the case of a covered application that has been filed with the Administrator and has not been withdrawn by the applicant, but for which the Administrator has not yet made a final determination, the Administrator may refund a portion of a covered registration service fee if the Administrator determines that the refund is justified.
Basis
Credited fees
In determining whether to grant a refund under this paragraph, the Administrator shall take into account any portion of the registration service fees credited under paragraph (2) or (4).
Pesticide Registration Fund
Establishment
Deposits in Fund
Subject to paragraph (4), the Administrator shall deposit fees collected under this section in the Fund.
Expenditures from Fund
In general
Endangered species review of outdoor use of pesticide products
In general
16 U.S.C. 1531The Administrator shall use the amounts made available in the Fund to develop, receive comments with respect to, and finalize, guidance to registrants regarding analysis necessary to support the review of outdoor uses of pesticide products under the Endangered Species Act of 1973 ( et seq.).
Deadlines for guidance
Independent third party assessments
In general
The Administrator shall use the amounts made available in the Fund to carry out the activities described in clauses (ii) and (iii).
Workforce assessment
In general
The Administrator shall procure a competitive contract with a qualified, independent contractor with expertise in assessing public sector workforce data analysis and reporting to conduct an assessment of current methodologies and data or metrics available to represent the workforce implementing the Pesticide Registration Improvement Act of 2022 and the amendments made by that Act, including an assessment of filled and vacant positions and full-time equivalent employees relating to that implementation.
Report
Process assessment
In general
Contracts
Eligibility
The firm described in item (aa) shall be capable of performing the technical analysis, management assessment, and program evaluation tasks required to address the scope of the assessment under subclause (II).
Assessment
In general
The Administrator, applicants, and registrants shall participate in a targeted assessment of the process for the review of applications submitted under this subchapter.
Consultation
The firm selected under subclause (I) shall consult with the Administrator and applicants at the start of the assessment under item (aa) and prior to submission of the report under subclause (I)(aa)(BB).
Requirements
Report to Congress
Recommendations
Collections and appropriations Acts
Unused funds
In general
Use of investment income
After consultation with the Secretary of the Treasury, the Administrator may use income from investments described in clauses (ii) and (iii) of subparagraph (A) to carry out this section.
Assessment of fees
Definition of covered functions
In this subsection, the term “covered functions” means functions of the Office of Pesticide Programs of the Environmental Protection Agency, as identified in key programs and projects of the final operating plan for the Environmental Protection Agency submitted as part of the budget process for fiscal year 2002, regardless of any subsequent transfer of 1 or more of the functions to another office or agency or the subsequent transfer of a new function to the Office of Pesticide Programs.
Minimum amount of appropriations
Registration service fees may not be assessed for a fiscal year under this section unless the amount of appropriations for salaries, contracts, and expenses for the functions of the Office of Pesticide Programs of the Environmental Protection Agency for the fiscal year (excluding the amount of any fees appropriated for the fiscal year) are equal to or greater than $166,000,000.
Use of fees
Registration service fees authorized by this section shall be available, in the aggregate, only to defray increases in the costs associated with the review and decisionmaking for the review of pesticide registration applications and associated tolerances (including increases in the number of full-time equivalent positions in the Environmental Protection Agency engaged in those activities) over the costs for fiscal year 2002, excluding costs paid from fees appropriated for the fiscal year.
Subsequent authority
If the Administrator does not assess registration service fees under subsection (b) during any portion of a fiscal year as the result of paragraph (2) and is subsequently permitted to assess the fees under subsection (b) during the fiscal year, the Administrator shall assess and collect the fees, without any modification in rate, at any time during the fiscal year, notwithstanding any provisions of subsection (b) relating to the date fees are to be paid.
Reforms to reduce decision time review periods and prevent double payment of registration fees
Reduction of decision time review periods
To the maximum extent practicable consistent with the degrees of risk presented by pesticides and the type of review appropriate to evaluate risks, the Administrator shall identify and evaluate reforms to the pesticide registration process under this subchapter with the goal of reducing decision review periods in effect on the effective date of the Pesticide Registration Improvement Extension Act of 2018 for pesticide registration actions for covered pesticide registration applications (including reduced risk applications). Such reforms shall include identifying opportunities for streamlining review processes for applications for a new active ingredient or a new use and providing prompt feedback to applicants during such review process.
Prevention of double payment of registration service fees
The Administrator shall develop and implement a process to determine the appropriate fee category or categories for an application that qualifies for more than one fee category in order to assist applicants and prevent unnecessary payment of fees for multiple categories for a single application.
Decision time review periods
In general
Not later than 30 days after the effective date of the Pesticide Registration Improvement Act of 2022, the Administrator shall make publicly available a schedule of decision review periods for covered pesticide registration actions or for any other action covered by a table specified in subsection (b)(3)(B) and corresponding registration service fees under this subchapter.
Report
The schedule shall be the same as the applicable schedule provided under subsection (b)(3)(B).
Applications subject to decision time review periods
Start of decision time review period
In general
Except as provided in subparagraphs (C), (D), and (E), in the case of a covered application accompanied by the registration service fee required under this section, the decision time review period begins 21 days after the date on which the Administrator receives the covered application and fee.
Initial content and preliminary technical screenings
Screenings
Initial content
Not later than 21 days after receiving an application and the required registration service fee, the Administrator shall conduct an initial screening of the contents of the application in accordance with clause (iii).
Preliminary technical screening
Final fee category
The fee category of a covered application or other actions may not be changed, without providing the information to the applicant, after completion of the preliminary technical screening described in clause (iv).
Rejection
In general
If the Administrator determines at any time before the Administrator completes the preliminary technical screening under clause (i)(II) that the application failed the initial content or preliminary technical screening and the applicant does not correct the failure before the date that is 10 business days after the applicant receives a notification of the failure, the Administrator shall reject the application.
Written notification
The Administrator shall make every effort to provide a written notification of a rejection under subclause (I) during the 10-day period that begins on the date the Administrator completes the preliminary technical screening.
Requirements of initial content screening
Requirements of preliminary technical screening
Applications with waiver or reduction requests
In general
In the case of an application submitted with a request for a waiver or reduction of registration service fees under subsection (b)(7), the decision time review period shall be determined in accordance with this subparagraph.
Request granted with no additional fees required
Request granted with additional fees required
If the Administrator grants the waiver or reduction request, in whole or in part, but an additional registration service fee is required, the decision time review period begins on the date on which the Administrator receives certification of payment of the applicable registration service fee.
Request denied
If the Administrator denies the waiver or reduction request, the decision time review period begins on the date on which the Administrator receives certification of payment of the applicable registration service fee.
Pending applications
In general
The start of the decision time review period for applications described in clause (ii) shall be the date on which the Administrator receives certification of payment of the applicable registration service fee.
Applications
Applications for reduced risk
Fee
If an application for a reduced risk new active ingredient or a reduced risk new use is determined not to qualify as reduced risk, the applicant shall pay the difference in fee for the corresponding non-reduced risk application.
Decision review time period
After receipt by the Administrator of the original covered reduced risk application and fee, the decision time review period for the corresponding non-reduced risk application shall begin within the time periods described in subparagraph (A), based on the submission date of the original covered reduced risk application.
Extension of decision time review period
Notification
Extension by negotiation or mutual agreement
Priority
Once a decision time review period for a covered action described in subsection (b)(3)(B) is missed or extended, the Administrator shall make any action on the application a priority.
Judicial review
In general
Any applicant adversely affected by the failure of the Administrator to make a determination on the application of the applicant for registration of a new active ingredient or new use for which a registration service fee is paid under this section may obtain judicial review of the failure solely under this section.
Scope
In general
In an action brought under this subsection, the only issue on review is whether the Administrator failed to make a determination on the application specified in paragraph (1) by the end of the applicable decision time review period required under subsection (f) for the application.
Other actions
No other action authorized or required under this section shall be judicially reviewable by a Federal or State court.
Timing
In general
A person may not obtain judicial review of the failure of the Administrator to make a determination on the application specified in paragraph (1) before the expiration of the 2-year period that begins on the date on which the decision time review period for the application ends.
Meeting with Administrator
To be eligible to seek judicial review under this subsection, a person seeking the review shall first request in writing, at least 120 days before filing the complaint for judicial review, a decision review meeting with the Administrator.
Remedies
The Administrator may not be required or permitted to refund any portion of a registration service fee paid in response to a complaint that the Administrator has failed to make a determination on the covered pesticide registration application specified in paragraph (1) by the end of the applicable decision review period.
Accounting
Auditing
Financial statements of agencies
section 3515(c) of title 31For the purpose of , the Fund shall be considered a component of an executive agency.
Components
Inspector General
Personnel levels
All full-time equivalent positions supported by fees authorized and collected under this section shall not be counted against the agency-wide personnel level goals of the Environmental Protection Agency.
Reports and information technology
Reports
In general
Contents
Actions under this section
Registrant submissions not covered by subsection (b)(3)(B)
Screening process
Staffing
Publication
Information technology
System
Access to registration data and decisions
Savings clause
Nothing in this section affects any other duties, obligations, or authorities established by any other section of this subchapter, including the right to judicial review of duties, obligations, or authorities established by any other section of this subchapter.
Termination of effectiveness
In general
Except as provided in paragraph (2), the authority provided by this section terminates on .
Phase out
Fiscal year 2028
During fiscal year 2028, the requirement to pay and collect registration service fees applies, except that the level of registration service fees payable under this section shall be reduced 40 percent below the level in effect on .
Fiscal year 2029
During fiscal year 2029, the requirement to pay and collect registration service fees applies, except that the level of registration service fees payable under this section shall be reduced 70 percent below the level in effect on .
Effective , the requirement to pay and collect registration service fees terminates.
Decision review periods
Pending applications
In the case of an application received under this section before , the application shall be reviewed in accordance with subsection (f).
New applications
In the case of an application received under this section on or after , subsection (f) shall not apply to the application.
June 25, 1947, ch. 125, § 33Pub. L. 108–199, div. G, title V, § 501(f)(2)118 Stat. 422Pub. L. 110–94, § 5121 Stat. 1002Pub. L. 110–193, § 1(a)122 Stat. 649Pub. L. 112–177, § 2(a)(2)(B)126 Stat. 1328Pub. L. 116–8133 Stat. 487Pub. L. 117–328, div. HH, title VI136 Stat. 6008(, as added , , ; amended , , ; , , ; , (b), , , 1330; , §§ 5, 6, , , 491; , §§ 705, 706, , , 6018.)
Editorial Notes
References in Text
section 501 of Pub. L. 108–199section 501(h) of Pub. L. 108–199section 136a of this titleThe effective date of the Pesticide Registration Improvement Act of 2003, and the effective date of this section, referred to in text, is the effective date of , which is the date that is 60 days after , unless otherwise provided, see , set out as an Effective Date of 2004 Amendment note under .
act June 25, 1938, ch. 67552 Stat. 1040section 301 of Title 21The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b)(2)(B)(ii), is , , which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see and Tables.
section 705(a)(1)(B) of Pub. L. 117–328section 705(a)(1)(D)(i) of Pub. L. 117–328Paragraph (3), referred to in subsec. (b)(6)(A), probably should be a reference to paragraph (3)(B). Amendment by substituting “paragraph (3)(B)” for “paragraph (3)” wherever appearing in subsec. (b) was followed by the general amendment of subsec. (b)(6)(A) by , which contained the reference to paragraph (3).
Section 2 of Public Law 89–106section 3157 of this title, referred to in subsec. (b)(7)(E)(i), was formerly classified to secton 450i of this title prior to editorial reclassification and renumbering as .
Pub. L. 93–20587 Stat. 884section 1531 of Title 16The Endangered Species Act of 1973, referred to in subsec. (c)(3)(B)(i), is , , , which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 117–328136 Stat. 5996section 136 of this titleThe Pesticide Registration Improvement Act of 2022, referred to in subsecs. (c)(3)(C)(ii)(I), (iii)(I)(aa)(BB) and (k)(1)(A)(iv), (B)(iv), is title VI (§ 701 et seq.) of div. HH of , , . For complete classification of this Act to the Code, see Short Title of 2022 Amendment note set out under and Tables.
Pub. L. 116–8The effective date of the Pesticide Registration Improvement Extension Act of 2018, referred to in subsec. (e)(1), means the effective date of , which was approved .
Pub. L. 117–328The effective date of the Pesticide Registration Improvement Act of 2022, referred to in subsec. (f)(1), means the effective date of title VI of div. HH of , which was approved .
Pub. L. 101–576104 Stat. 2838section 501 of Title 31The Chief Financial Officers Act of 1990, referred to in subsec. (h)(1)(A), is , , . For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under , Money and Finance, and Tables.
Pub. L. 103–356108 Stat. 3410section 3301 of Title 31The Government Management Reform Act of 1994, referred to in subsec. (h)(1)(B), is , , . For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under , Money and Finance, and Tables.
section 136a(f)(5) of this titlePub. L. 117–328Two years after enactment, referred to in subsec. (k)(1)(B)(i)(XIX), means two years after the enactment of , as enacted by , which was approved .
Prior Provisions
act June 25, 1947, ch. 125section 136x of this titleA prior section 33 of , was renumbered section 34 and is classified to .
Amendments
Pub. L. 117–328, § 705(a)(1)(B)Pub. L. 117–328, § 705(a)(1)(D)(i)2022—Subsec. (b). , substituted “paragraph (3)(B)” for “paragraph (3)” wherever appearing. Subsec. (b)(6)(A) was subsequently amended generally by , after which “paragraph (3)” appeared in text.
Pub. L. 117–328, § 705(a)(1)(A)Subsec. (b)(2)(E)(iii). , substituted “on completion of, where appropriate, the initial screening of the contents of the application or the preliminary technical screening” for “after review”.
Pub. L. 117–328, § 705(a)(1)(C)Subsec. (b)(3). , designated existing provisions as subpar. (B), inserted heading, and added subpar. (A).
Pub. L. 117–328, § 706section 705(a)(1)(C) of Pub. L. 117–328Subsec. (b)(3)(B). , added subpar. (B) and struck out former subpar. (B), as designated by , which set out the schedule of covered applications and other actions and their registration service fees.
Pub. L. 117–328, § 705(a)(1)(D)Subsec. (b)(6)(A), (B). , which directed amendment of subpars. (A) and (B) “to read as follows” but did not include subpar. designations or headings, was executed by amending the text only and retaining the existing designations and headings, to reflect the probable intent of Congress. Prior to amendment, subpars. (A) and (B) related to fee adjustment between , and , and an additional fee adjustment starting on .
Pub. L. 117–328, § 705(a)(1)(E)Subsec. (b)(7)(A). , substituted “(including a Gold Seal letter and a Certificate of Establishment)” for “(commonly referred to as a Gold Seal letter)”.
Pub. L. 117–328, § 705(b)(1)Subsec. (c)(3)(B), (C). , added subpars. (B) and (C) and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows:
In general117“(i) .—For each of fiscal years 2013 through 2023, the Administrator shall use approximately ⁄ of the amount in the Fund (but not less than $1,000,000) to enhance scientific and regulatory activities relating to worker protection, with an emphasis on field-worker populations in the United States.
Partnership grants“(ii) .—Of the amounts in the Fund, the Administrator shall use for partnership grants, for each of fiscal years 2013 through 2023, $500,000.
Pesticide safety education program“(iii) .—Of the amounts in the Fund, the Administrator shall use $500,000 for each of fiscal years 2013 through 2023 to carry out the pesticide safety education program.”
Pub. L. 117–328, § 705(b)(2)Subsec. (c)(4)(B), (C). , added subpar. (B) and redesignated former subpar. (B) as (C).
Pub. L. 117–328, § 705(c)Subsec. (d)(2). , struck out “(as in existence in fiscal year 2012)” after “for the functions” and substituted “$166,000,000.” for “the amount of appropriations for covered functions for fiscal year 2012 (excluding the amount of any fees appropriated for the fiscal year).”
Pub. L. 117–328, § 705(d)Subsec. (e). , substituted “Reforms to reduce decision time review periods and prevent double payment of registration fees” for “Reforms to reduce decision time review periods” in subsec. heading, designated existing provisions as par. (1) and inserted par. heading, and added par. (2).
Pub. L. 117–328, § 705(a)(2)Subsec. (f). , substituted “subsection (b)(3)(B)” for “subsection (b)(3)” wherever appearing.
Pub. L. 117–328, § 705(e)(1)Subsec. (f)(1). , substituted “Pesticide Registration Improvement Act of 2022” for “Pesticide Registration Improvement Extension Act of 2018”.
Pub. L. 117–328, § 705(e)(2)(A)(i)Subsec. (f)(4)(B)(i)(III). , added subcl. (III).
Pub. L. 117–328, § 705(e)(2)(A)(ii)Subsec. (f)(4)(B)(iii). , inserted “automate the process, to the maximum extent practicable, and” before “determine” in introductory provisions.
Pub. L. 117–328, § 705(e)(2)(A)(iii)Subsec. (f)(4)(B)(iv). , struck out “determine if” after “shall” in introductory provisions, inserted “determine if” at beginning of subcls. (I) and (II), and added subcls. (III) to (VI).
Pub. L. 117–328, § 705(e)(2)(B)Subsec. (f)(4)(E). , added subpar. (E) and struck out former subpar. (E). Prior to amendment, text read as follows: “In the case of a covered pesticide registration application listed in the Registration Division 2003 Work Plan of the Office of Pesticide Programs of the Environmental Protection Agency, the decision time review period begins on the date that is 30 days after the effective date of the Pesticide Registration Improvement Act of 2003.”
Pub. L. 117–328, § 705(e)(3)Subsec. (f)(5). , added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: “The Administrator and the applicant may mutually agree in writing to extend a decision time review period under this subsection.”
Pub. L. 117–328, § 705(f)Subsec. (k). , added subsec. (k) and struck out former subsec. (k) which related to publication of annual reports and submission of another report to Congress.
Pub. L. 117–328, § 705(g)(1)Subsec. (m). , substituted “2027” for “2023” wherever appearing.
Pub. L. 117–328, § 705(g)(2)(A)Subsec. (m)(2)(A). , substituted “2028” for “2024” in heading and text.
Pub. L. 117–328, § 705(g)(2)(B)Subsec. (m)(2)(B), (C). , substituted “2029” for “2025” in heading and text.
Pub. L. 116–8, § 5(a)(1)(A)2019—Subsec. (b)(2). , struck out “pesticide registration” after “Covered” in heading.
Pub. L. 116–8, § 5(a)(1)(B)Subsec. (b)(2)(A). , inserted “or for any other action covered by a table specified in paragraph (3)” after “Pesticide Registration Improvement Act of 2003”.
Pub. L. 116–8, § 6Subsec. (b)(3). , amended par. (3) generally. Prior to amendment, par. (3) related to schedule of covered applications and registration service fees.
Pub. L. 116–8, § 5(a)(2)Subsec. (b)(5). , substituted “covered applications” for “pesticide registration applications” in heading and “covered application” for “pesticide registration application” in two places in text.
Pub. L. 116–8, § 5(a)(3)(A)Subsec. (b)(6)(A). , struck out “pesticide registration” after “Effective for a covered” and substituted “, and ending on ” for “, and ending on ”.
Pub. L. 116–8, § 5(a)(3)(B)Subsec. (b)(6)(B). , struck out “pesticide registration” after “Effective for a covered” and substituted “2021” for “2015” in two places.
Pub. L. 116–8, § 5(a)(3)(C)Subsec. (b)(6)(C). , substituted “service fee schedules revised pursuant to this paragraph” for “revised registration service fee schedules”.
Pub. L. 116–8, § 5(a)(4)(A)Subsec. (b)(7)(A). , substituted “covered application” for “covered pesticide registration” and inserted before period at end “, except that no waiver or fee reduction shall be provided in connection with a request for a letter of certification (commonly referred to as a Gold Seal letter)”.
Pub. L. 116–8, § 5(a)(4)(B)Subsec. (b)(7)(F)(i). , struck out “pesticide registration” after “for a covered”.
Pub. L. 116–8, § 5(a)(5)(A)Subsec. (b)(8)(A). , struck out “pesticide registration” after “a covered”.
Pub. L. 116–8, § 5(a)(5)(B)Subsec. (b)(8)(B)(i). , struck out “pesticide registration” after “If a covered”.
Pub. L. 116–8, § 5(a)(5)(C)(i)Subsec. (b)(8)(C)(i). , substituted “case of a covered” for “case of a pesticide registration”.
Pub. L. 116–8, § 5(a)(5)(C)(ii)Subsec. (b)(8)(C)(ii)(I). , substituted “covered” for “pesticide registration”.
Pub. L. 116–8, § 5(b)(1)Subsec. (c)(3)(B). , inserted “, partnership grants, and pesticide safety education” after “Worker protection” in heading.
Pub. L. 116–8, § 5(b)(2)Subsec. (c)(3)(B)(i). , substituted “2023” for “2017” and inserted before period at end “, with an emphasis on field-worker populations in the United States”.
Pub. L. 116–8, § 5(b)(3)Subsec. (c)(3)(B)(ii). , substituted “2023” for “2017”.
Pub. L. 116–8, § 5(b)(4)Subsec. (c)(3)(B)(iii). , substituted “2023” for “2017”.
Pub. L. 116–8, § 5(c)Subsec. (e). , substituted “Pesticide Registration Improvement Extension Act of 2018” for “Pesticide Registration Improvement Extension Act of 2012” and inserted at end “Such reforms shall include identifying opportunities for streamlining review processes for applications for a new active ingredient or a new use and providing prompt feedback to applicants during such review process.”
Pub. L. 116–8, § 5(d)(1)Subsec. (f)(1). , substituted “Pesticide Registration Improvement Extension Act of 2018” for “Pesticide Registration Improvement Extension Act of 2012” and inserted “or for any other action covered by a table specified in subsection (b)(3)” after “covered pesticide registration actions”.
Pub. L. 116–8, § 5(d)(2)Subsec. (f)(3)(C). , added subpar. (C) and struck out former subpar. (C) which read as follows: “covered pesticide registration applications listed in the Registration Division 2003 Work Plan of the Office of Pesticide Programs of the Environmental Protection Agency.”
Pub. L. 116–8, § 5(d)(3)Subsec. (f)(4)(A). , substituted “a covered application” for “a pesticide registration application” and “the covered application” for “the covered pesticide registration application”.
Pub. L. 116–8, § 5(e)(1)Subsec. (k)(1). , substituted “2023” for “2017”.
Pub. L. 116–8, § 5(e)(2)(A)Subsec. (k)(2)(D)(i). , added cl. (i) and struck out former cl. (i) which read as follows: “the number of pesticides or pesticide cases reviewed;”.
Pub. L. 116–8, § 5(e)(2)(B)(i)section 136a–1(k) of this titlesection 136a–1(k)(4) of this titleSubsec. (k)(2)(G)(i). , substituted “paragraphs (4) and (5) of ” for “” and “such paragraphs” for “that section”.
Pub. L. 116–8, § 5(e)(2)(B)(ii)Subsec. (k)(2)(G)(ii) to (vii). –(iv), added cl. (ii), redesignated cl. (vii) as (iii), and struck out former cls. (ii) to (vi) which read as follows:
“(ii) implementing systems for the electronic tracking of registration submissions by ;
“(iii) implementing a system for tracking the status of conditional registrations, including making nonconfidential information related to the conditional registrations publicly available by ;
“(iv) implementing enhancements to the endangered species knowledge database, including making nonconfidential information related to the database publicly available;
“(v) implementing the capability to electronically submit and review labels submitted with registration actions;
“(vi) acquiring and implementing the capability to electronically assess and evaluate confidential statements of formula submitted with registration actions by ; and”.
Pub. L. 116–8, § 5(e)(2)(C)Subsec. (k)(2)(K) to (O). –(E), added subpars. (K) to (O).
Pub. L. 116–8, § 5(f)(1)Subsec. (m)(1). , substituted “2023” for “2017”.
Pub. L. 116–8, § 5(f)(2)(A)Subsec. (m)(2)(A). , in heading, substituted “Fiscal year 2024” for “Fiscal year 2018” and in text, substituted “2024” for “2018” and “2023” for “2017”.
Pub. L. 116–8, § 5(f)(2)(B)Subsec. (m)(2)(B). , in heading, substituted “Fiscal year 2025” for “Fiscal year 2019” and in text, substituted “2025” for “2019” and “2023” for “2017”.
Pub. L. 116–8, § 5(f)(2)(C)Subsec. (m)(2)(C). , substituted “2025” for “2019” in heading and text.
Pub. L. 116–8, § 5(f)(2)(D)Subsec. (m)(2)(D). , substituted “2023” for “2017” in cls. (i) and (ii).
Pub. L. 112–177, § 2(b)(1)(A)2012—Subsec. (b)(3). , added par. (3) and struck out former par. (3) which related to schedule of covered applications and registration service fees.
Pub. L. 112–177, § 2(b)(1)(B)(i)Subsec. (b)(6)(A). , substituted “” for “” and “” for “”.
Pub. L. 112–177, § 2(b)(1)(B)(ii)Subsec. (b)(6)(B). , substituted “” for “” and “” for “”.
Pub. L. 112–177, § 2(a)(2)(B)(i)Subsec. (b)(7)(F)(i). , substituted “section 136a–1 (i)(1)(E)(ii)” for “section 136a–1(i)(5)(E)(ii)”.
Pub. L. 112–177, § 2(a)(2)(B)(i)Subsec. (b)(7)(F)(ii). , (ii), substituted “section 136a–1 (i)(1)(E)(ii)” for “section 136a–1(i)(5)(E)(ii)” in subcl. (I) and “section 136a–1(i)(1)(E)(ii)(I)(bb)” for “136a–1(i)(5)(E)(ii)(I)(bb)” in subcl. (II).
Pub. L. 112–177, § 2(a)(2)(B)(i)Subsec. (b)(7)(F)(iv)(I). , substituted “section 136a–1 (i)(1)(E)(ii)” for “section 136a–1(i)(5)(E)(ii)”.
Pub. L. 112–177, § 2(a)(2)(B)(ii)Subsec. (b)(7)(F)(iv)(II). , (iii), substituted “applicable” for “applicable.”, “revenue” for “revenues”, and “section 136a–1(i)(1)(E)(ii)(I)(bb)” for “section 136a–1(i)(5)(E)(ii)(I)(bb)”.
Pub. L. 112–177, § 2(b)(1)(C)Subsec. (b)(8)(C)(ii)(III). , added subcl. (III).
Pub. L. 112–177, § 2(b)(2)(A)Subsec. (c)(3)(B)(i). , substituted “2013 through 2017” for “2008 through 2012”.
Pub. L. 112–177, § 2(b)(2)(B)Subsec. (c)(3)(B)(ii). , substituted “grants, for each of fiscal years 2013 through 2017, $500,000.” for “grants—
“(I) for each of fiscal years 2008 and 2009, $750,000; and
“(II) for each of fiscal years 2010 through 2012, $500,000.”
Pub. L. 112–177, § 2(b)(2)(C)Subsec. (c)(3)(B)(iii). , substituted “2013 through 2017” for “2008 through 2012”.
Pub. L. 112–177, § 2(b)(3)(A)Subsec. (d)(2). , substituted “2012” for “2002” in two places.
Pub. L. 112–177, § 2(b)(3)(B)Subsec. (d)(4), (5). , (C), redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “The requirements of paragraph (2) shall have been considered to have been met for any fiscal year if the amount of appropriations for salaries, contracts, and expenses for the functions (as in existence in fiscal year 2002) of the Office of Pesticide Programs of the Environmental Protection Agency for the fiscal year (excluding the amount of any fees appropriated for the fiscal year) is not more than 3 percent below the amount of appropriations for covered functions for fiscal year 2002 (excluding the amount of any fees appropriated for the fiscal year).”
Pub. L. 112–177, § 2(b)(4)Subsec. (e). , substituted “Pesticide Registration Improvement Extension Act of 2012” for “Pesticide Registration Improvement Act of 2003”.
Pub. L. 112–177, § 2(b)(5)(A)Subsec. (f)(1). , substituted “Pesticide Registration Improvement Extension Act of 2012, the Administrator shall make publicly available” for “Pesticide Registration Improvement Renewal Act, the Administrator shall publish in the Federal Register”.
Pub. L. 112–177, § 2(b)(5)(B)Subsec. (f)(2). , substituted “provided under subsection (b)(3).” for “appearing in the Congressional Record on pages S10409 through S10411, dated .”
Pub. L. 112–177, § 2(b)(5)(C)(i)Subsec. (f)(4)(A). , inserted “and fee” before period at end.
Pub. L. 112–177, § 2(b)(5)(C)(ii)(I)Subsec. (f)(4)(B). , substituted “Initial content and preliminary technical screenings” for “Completeness of application” in heading.
Pub. L. 112–177, § 2(b)(5)(C)(ii)(I)Subsec. (f)(4)(B)(i). , (II), substituted “Screenings” for “In general” in cl. heading, designated existing provisions as subcl. (I) and inserted subcl. heading, and added subcl. (II).
Pub. L. 112–177, § 2(b)(5)(C)(ii)(III)Subsec. (f)(4)(B)(ii). , added cl. (ii) and struck out former cl. (ii). Prior to amendment, text read as follows: “If the Administrator determines under clause (i) that the application does not pass the initial screening and cannot be corrected within the 21-day period, the Administrator shall reject the application not later than 10 days after making the determination.”
Pub. L. 112–177, § 2(b)(5)(C)(ii)(IV)Subsec. (f)(4)(B)(iii). , inserted “initial content” before “screening” in heading, “content” before “screening” in introductory provisions, and substituted “appears to contain” for “contains” in subcl. (II).
Pub. L. 112–177, § 2(b)(5)(C)(ii)(V)Subsec. (f)(4)(B)(iv). , added cl. (iv).
Pub. L. 112–177, § 2(b)(6)(A)Subsec. (k)(1). , substituted “” for “”.
Pub. L. 112–177, § 2(b)(6)(B)(i)Subsec. (k)(2)(A)(viii). , added cl. (viii).
Pub. L. 112–177, § 2(b)(6)(B)(ii)Subsec. (k)(2)(G) to (J). –(iv), added subpars. (G) to (J).
Pub. L. 112–177, § 2(b)(6)(C)Subsec. (k)(4). , added par. (4).
Pub. L. 112–177, § 2(b)(7)(A)Subsec. (m)(1). , substituted “2017” for “2012”.
Pub. L. 112–177, § 2(b)(7)(B)(i)Subsec. (m)(2)(A). , substituted “2018” for “2013” in heading and “2018,” for “2013,” and “” for “” in text.
Pub. L. 112–177, § 2(b)(7)(B)(ii)Subsec. (m)(2)(B). , substituted “2019” for “2014” in heading and “2019,” for “2014,” and “” for “” in text.
Pub. L. 112–177, § 2(b)(7)(B)(iii)Subsec. (m)(2)(C). , substituted “2019” for “2014” in heading and “” for “” in text.
Pub. L. 112–177, § 2(b)(7)(B)(iv)Subsec. (m)(2)(D). , substituted “2017” for “2012” in cls. (i) and (ii).
Pub. L. 110–193, § 1(a)(1)(A)(i)2008—Subsec. (b)(7)(D)(i). , added cl. (i) and struck out former cl. (i). Prior to amendment, text read as follows: “The Administrator may waive or reduce a registration service fee for an application for minor uses for a pesticide.”
Pub. L. 110–193, § 1(a)(1)(A)(ii)Subsec. (b)(7)(D)(ii). , inserted “or exemption” after “waiver”.
Pub. L. 110–193, § 1(a)(1)(B)(ii)Subsec. (b)(7)(E). , substituted “exempt an application from the registration service fee” for “waive the registration service fee for an application” in introductory provisions.
Pub. L. 110–193, § 1(a)(1)(B)(i), substituted “exemption” for “waiver” in heading.
Pub. L. 110–193, § 1(a)(1)(B)(iii)Subsec. (b)(7)(E)(ii). , substituted “exemption” for “waiver”.
Pub. L. 110–193, § 1(a)(2)Subsec. (m)(2)(A), (B). , substituted “2012” for “2008”.
Pub. L. 110–94, § 5(a)(1)2007—Subsec. (b)(2)(C)(ii). , added cl. (ii) and struck out former cl. (ii) which read as follows: “a request for a waiver from or reduction of the registration service fee.”
Pub. L. 110–94, § 5(a)(2)Subsec. (b)(2)(D) to (H). , added subpars. (D) to (H).
Pub. L. 110–94, § 5(b)(1)(A)Subsec. (b)(3)(A). , substituted “Pesticide Registration Improvement Renewal Act” for “Pesticide Registration Improvement Act of 2003”.
Pub. L. 110–94, § 5(b)(1)(B)Subsec. (b)(3)(B). , substituted “S10409 through S10411, dated .” for “S11631 through S11633, dated .”
Pub. L. 110–94, § 5(b)(2)Subsec. (b)(6). , added par. (6) and struck out former par. (6). Prior to amendment, text of par. (6) read as follows: “Effective for a covered pesticide registration application received on or after , the Administrator shall—
“(A) increase by 5 percent the service fee payable for the application under paragraph (3); and
“(B) publish in the Federal Register the revised registration service fee schedule.”
Pub. L. 110–94, § 5(c)(1)Subsec. (b)(7)(F)(ii). , substituted “75 percent” for “all” in introductory provisions.
Pub. L. 110–94, § 5(c)(2)Subsec. (b)(7)(F)(iv)(II). , substituted “75 percent of the applicable.” for “all”.
Pub. L. 110–94, § 5(d)Subsec. (b)(8)(A). , substituted “25 percent.” for “10 percent”.
Pub. L. 110–94, § 5(e)(1)Subsec. (c)(1)(B). , substituted “paragraph (5)” for “paragraph (4)”.
Pub. L. 110–94, § 5(e)(2)(A)117Subsec. (c)(3)(B). , added subpar. (B) and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: “For each of fiscal years 2004 through 2008, the Administrator shall use approximately ⁄ of the amount in the Fund (but not more than $1,000,000, and not less than $750,000, for any fiscal year) to enhance current scientific and regulatory activities related to worker protection.”
Pub. L. 110–94, § 5(e)(2)(B)134Subsec. (c)(3)(C). , struck out subpar. (C). Text read as follows: “For each of fiscal years 2004 and 2005, the Administrator shall use approximately ⁄ of the amount in the Fund (but not to exceed $500,000 for any fiscal year) for the review and evaluation of new inert ingredients.”
Pub. L. 110–94, § 5(e)(3)Subsec. (c)(5). , designated existing provisions as subpar. (A), inserted heading, redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (A) and added subpar. (B).
Pub. L. 110–94, § 5(f)Subsec. (d)(2). , which directed substitution of “Registration” for “For fiscal years 2004, 2005 and 2006 only, registration”, was executed by making the substitution for text which contained a comma after “2005” to reflect the probable intent of Congress.
Pub. L. 110–94, § 5(g)(1)Subsec. (f)(1). , substituted “Pesticide Registration Improvement Renewal Act” for “Pesticide Registration Improvement Act of 2003”.
Pub. L. 110–94, § 5(g)(2)Subsec. (f)(2). , substituted “S10409 through S10411, dated .” for “S11631 through S11633, dated .”
Pub. L. 110–94, § 5(g)(3)Subsec. (f)(4)(B). , added subpar. (B) and struck out former subpar. (B) which provided criteria for determining completeness of pesticide registration applications.
Pub. L. 110–94, § 5(h)(1)Subsec. (k)(1). , substituted “” for “”.
Pub. L. 110–94, § 5(h)(2)(A)(i)Subsec. (k)(2)(A)(ii) to (v). , (ii), added cls. (ii) to (iv) and redesignated former cl. (ii) as (v). Former cls. (iii) and (iv) redesignated (vi) and (vii), respectively.
Pub. L. 110–94, § 5(h)(2)(A)(i)Subsec. (k)(2)(A)(vi). , (iii), redesignated cl. (iii) as (vi) and added subcls. (IV) and (V).
Pub. L. 110–94, § 5(h)(2)(A)(i)Subsec. (k)(2)(A)(vii). , redesignated cl. (iv) as (vii).
Pub. L. 110–94, § 5(h)(2)(B)Subsec. (k)(2)(D) to (F). –(D), added subpars. (D) to (F).
Pub. L. 110–94, § 5(i)(1)Subsec. (m)(1). , substituted “2012” for “2008”.
Pub. L. 110–94, § 5(i)(2)(A)Subsec. (m)(2)(A). , substituted “2013” for “2009” in heading and text.
Pub. L. 110–94, § 5(i)(2)(B)Subsec. (m)(2)(B), (C). , substituted “2014” for “2010” in headings and text.
Pub. L. 110–94, § 5(i)(2)(C)Subsec. (m)(2)(D). , substituted “2012” for “2008” in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Pub. L. 112–177section 2(c) of Pub. L. 112–177section 136a–1 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 2008 Amendment
Pub. L. 110–193, § 1(b)122 Stat. 650
Effective Date of 2007 Amendment
Pub. L. 110–94section 6 of Pub. L. 110–94section 136a of this titleAmendment by effective , see , set out as a note under .
Effective Date
section 501(h) of Pub. L. 108–199section 136a of this titleSection effective on the date that is 60 days after , except as otherwise provided, see , set out as an Effective Date of 2004 Amendment note under .
Implementation Dates With Respect to Fees
Pub. L. 117–328section 708(a)(1) of Pub. L. 117–328section 136a–1 of this titleIncreases in registration service fees specified in this section, as amended by title VI of div. HH of , not effective until 60 days after , regardless of whether this section specifies such increases to be effective for fiscal year 2023, see , set out in a note under .
Extension of Limitations on Fee Amounts and Usage of Fees
section 401(a) of Pub. L. 115–141section 136a–1 of this titleSubsection (c)(3)(B) of this section to continue in effect through , see , formerly set out as a note under .
Pub. L. 115–141, div. M, title IV, § 401(b)(2)132 Stat. 1050, , , extended the authority provided by this section until .