The Administrator shall reregister, in accordance with this section, each registered pesticide containing any active ingredient contained in any pesticide first registered before November 1, 1984, except for any pesticide as to which the Administrator has determined, after November 1, 1984, and before the effective date of this section, that-
Reregistrations of pesticides under this section shall be carried out in the following phases:
For purposes of the reregistration of the pesticides described in subsection (a), the Administrator shall list the active ingredients of pesticides and shall give priority to, among others, active ingredients (other than active ingredients for which registration standards have been issued before the effective date of this section) that-
For purposes of reregistration under this section, the Administrator shall by order-
Each list shall be published in the Federal Register.
The content of a list issued by the Administrator under paragraph (2) shall not be subject to judicial review.
On the publication of a list of pesticide active ingredients under paragraph (2), the Administrator shall send by certified mail to the registrants of the pesticides containing such active ingredients a notice of the time by which the registrants are to notify the Administrator under subsection (d) whether the registrants intend to seek or not to seek reregistration of such pesticides.
The registrant of a pesticide that contains an active ingredient listed under subparagraph (B), (C), or (D) of subsection (c)(2) shall submit to the Administrator, within the time period prescribed by paragraph (4), the notice described in paragraph (2) and any information, commitment, or offer described in paragraph (3).
Each registrant of a pesticide that contains an active ingredient listed under subparagraph (B), (C), or (D) of subsection (c)(2) and for which the registrant submitted a notice under paragraph (2) of an intention to seek reregistration of such pesticide shall submit to the Administrator-
For purposes of a submission by a registrant under subparagraph (A)(ii), data are inadequate if the data are derived from a study with respect to which the registrant is unable to make the certification prescribed by subsection (e)(1)(G) that the registrant possesses or has access to the raw data used in or generated by such study. For purposes of a submission by a registrant under such subparagraph, data shall be considered to be inadequate if the data are derived from a study submitted before January 1, 1970, unless it is demonstrated to the satisfaction of the Administrator that such data should be considered to support the registration of the pesticide that is to be reregistered.
On application, the Administrator may extend a time period prescribed by this subparagraph if the Administrator determines that factors beyond the control of the registrant prevent the registrant from complying with such period.
the Administrator shall publish in the Federal Register a notice of intent to remove the active ingredient from the list established under subsection (c)(2) and a notice of intent to cancel the registrations of all pesticides containing such active ingredient and shall provide 60 days for comment on such notice.
The Administrator shall issue a notice of intent to suspend the registration of a pesticide in accordance with the procedures prescribed by section 136a(c)(2)(B)(iv) of this title if the Administrator determines that (A) progress is insufficient to ensure the submission of the data required for such pesticide under a commitment made under paragraph (3)(B) within the time period prescribed by paragraph (4)(B) or (B) the registrant has not submitted such data to the Administrator within such time period. If the registrant does not commit to support a specific minor use of the pesticide, but is supporting and providing data in a timely and adequate fashion to support uses of the pesticide on a food, or if all uses of the pesticide are nonfood uses and the registrant does not commit to support a specific minor use of the pesticide but is supporting and providing data in a timely and adequate fashion to support other nonfood uses of the pesticide, the Administrator, at the written request of the registrant, shall not take any action pursuant to this paragraph in regard to such unsupported minor use until the final deadline established as of August 3, 1996, for the submission of data under this section for the supported uses identified pursuant to this paragraph unless the Administrator determines that the absence of the data is significant enough to cause human health or environmental concerns. On such a determination the Administrator may refuse the request for extension by the registrant. Upon receipt of the request from the registrant, the Administrator shall publish in the Federal Register a notice of the receipt of the request and the effective date upon which the uses not being supported will be voluntarily deleted from the registration pursuant to section 136d(f)(1) of this title. If the Administrator grants an extension under this paragraph, the Administrator shall monitor the development of the data for the uses being supported and shall ensure that the registrant is meeting the schedule for the production of such data. If the Administrator determines that the registrant is not meeting or has not met the schedule for the production of such data, the Administrator may proceed in accordance with section 136a(c)(2)(B)(iv) of this title regarding the continued registration of the affected products with the minor and other uses and shall inform the public of such action in accordance with section 136d(f)(2) of this title. Notwithstanding this subparagraph, the Administrator may deny, modify, or revoke the temporary extension under this paragraph if the Administrator determines that the continuation of the minor use may cause an unreasonable adverse effect on the environment. In the event of modification or revocation, the Administrator shall provide, in writing, to the registrant a notice revoking the temporary extension and establish a new effective date by which the minor use shall be deleted from the registration.
Each registrant of a pesticide that contains an active ingredient listed under subparagraph (B), (C), or (D) of subsection (c)(2) who has submitted a notice under subsection (d)(2) of an intent to seek the reregistration of such pesticide shall submit, in accordance with the guidelines issued under paragraph (4), to the Administrator-
A registrant who submits a certification under subparagraph (G) that is false shall be considered to have violated this subchapter and shall be subject to the penalties prescribed by section 136l of this title.
under paragraph (1).
The Administrator shall monitor the progress of registrants in acquiring and submitting the data required under paragraph (1).
The Administrator shall issue a notice of intent to suspend the registration of a pesticide in accordance with the procedures prescribed by section 136a(c)(2)(B)(iv) of this title if the Administrator determines that (A) tests necessary to fill an outstanding data requirement for such pesticide have not been initiated within 1 year after the issuance of a notice under paragraph (1)(B), or (B) progress is insufficient to ensure submission of the data referred to in clause (A) within the time period prescribed by paragraph (2)(B) or the required data have not been submitted to the Administrator within such time period. If the registrant does not commit to support a specific minor use of the pesticide, but is supporting and providing data in a timely and adequate fashion to support uses of the pesticide on a food, or if all uses of the pesticide are nonfood uses and the registrant does not commit to support a specific minor use of the pesticide but is supporting and providing data in a timely and adequate fashion to support other nonfood uses of the pesticide, the Administrator, at the written request of the registrant, shall not take any action pursuant to this paragraph in regard to such unsupported minor use until the final deadline established as of August 3, 1996, for the submission of data under this section for the supported uses identified pursuant to this paragraph unless the Administrator determines that the absence of the data is significant enough to cause human health or environmental concerns. On such a determination the Administrator may refuse the request for extension by the registrant. Upon receipt of the request from the registrant, the Administrator shall publish in the Federal Register a notice of the receipt of the request and the effective date upon which the uses not being supported will be voluntarily deleted from the registration pursuant to section 136d(f)(1) of this title. If the Administrator grants an extension under this paragraph, the Administrator shall monitor the development of the data for the uses being supported and shall ensure that the registrant is meeting the schedule for the production of such data. If the Administrator determines that the registrant is not meeting or has not met the schedule for the production of such data, the Administrator may proceed in accordance with section 136a(c)(2)(B)(iv) of this title regarding the continued registration of the affected products with the minor and other uses and shall inform the public of such action in accordance with section 136d(f)(2) of this title. Notwithstanding this subparagraph, the Administrator may deny, modify, or revoke the temporary extension under this paragraph if the Administrator determines that the continuation of the minor use may cause an unreasonable adverse effect on the environment. In the event of modification or revocation, the Administrator shall provide, in writing, to the registrant a notice revoking the temporary extension and establish a new effective date by which the minor use shall be deleted from the registration.
The Administrator shall conduct a thorough examination of all data submitted under this section concerning an active ingredient listed under subsection (c)(2) and of all other available data found by the Administrator to be relevant.
If data that are submitted by a registrant under subsection (d), (e), (f), or (g) are used to support the application of another person under section 136a of this title, the registrant who submitted such data shall be entitled to compensation for the use of such data as prescribed by section 136a(c)(1)(D)1 of this title. In determining the amount of such compensation, the fees paid by the registrant under this section shall be taken into account.
Except as provided in section 136w-8 of this title, during the period beginning on December 29, 2022, and ending on September 30, 2029, the Administrator may not levy any other fees for the registration of a pesticide under this subchapter or any other action covered under a table specified in section 136w-8(b)(3)(B) of this title, except as provided in paragraph (1).
The requirements of subsections (d), (e), (f), and (i) (other than subsection (i)(1)) regarding data concerning an active ingredient and fees for review of such data shall not apply to any person who is the registrant of a pesticide to the extent that, under section 136a(c)(2)(D) of this title, the person would not be required to submit or cite such data to obtain an initial registration of such pesticide.
There shall be established in the Treasury of the United States a reregistration and expedited processing fund which shall be known as the Reregistration and Expedited Processing Fund.
In this paragraph, the term "submission not covered by section 136w-8(b)(3)(B) of this title" means any submission filed by a registrant with the Administrator relating to a registration that is not covered by a fee table under section 136w-8(b)(3)(B) of this title.
In addition to amounts otherwise available for each of fiscal years 2023 through 2027, the Administrator shall use approximately 1/8 of the amounts made available to the Administrator in the Reregistration and Expedited Processing Fund for the activities described in clause (ii).
In addition to amounts otherwise available, the Administrator shall use amounts made available under clause (i) to obtain sufficient personnel and resources to process submissions not covered by section 136w-8(b)(3)(B) of this title to meet the applicable deadlines described in-
In addition to amounts otherwise available, for each of fiscal years 2023 through 2027, the Administrator shall use not more than $500,000 of the amounts made available to the Administrator in the Reregistration and Expedited Processing Fund for the activities described in subparagraph (B).
The Administrator shall use amounts made available under subparagraph (A) to develop efficacy test methods for antimicrobial pesticide devices making public health claims.
For each of fiscal years 2023 through 2027, the Administrator shall use not more than $500,000 of the amounts made available to the Administrator in the Reregistration and Expedited Processing Fund for the activities described in subparagraph (B).
The Administrator shall use amounts made available under subparagraph (A) for enhancements to the good laboratory practices standards compliance monitoring program established under part 160 of title 40 of the Code of Federal Regulations (or successor regulations), with respect to laboratory inspections and data audits conducted in support of pesticide product registrations under this subchapter. As part of such monitoring program, the Administrator shall make available to each laboratory inspected under such program in support of such registrations a preliminary summary of inspection observations not later than 60 days after the date on which such an inspection is completed.
In addition to amounts otherwise available, for each of fiscal years 2023 through 2027, the Administrator shall use not more than $500,000 of the amounts made available to the Administrator in the Reregistration and Expedited Processing Fund for the activities described in subparagraph (B).
The Administrator shall use amounts made available under subparagraph (A) to carry out the following activities:
The Administrator shall administer training and education programs for employees of the Environmental Protection Agency, relating to the regulatory responsibilities and policies established by this subchapter, including programs-
Not later than 1 year, to the maximum extent practicable, after December 29, 2022, the Administrator shall establish a competitive grant program to develop training curricula and programs in accordance with clause (i) through financial assistance agreements with 1 or more of the following institutions of higher education:
In addition to amounts otherwise available, for each of fiscal years 2023 through 2027, the Administrator shall use not more than $500,000 of the amounts made available to the Administrator in the Reregistration and Expedited Processing Fund to establish and carry out the Vector Expedited Review Voucher program in accordance with subparagraph (B).
In this subparagraph:
The term "program" means the Vector Expedited Review Voucher program established under clause (ii).
The term "voucher" means a voucher-
Not later than one year after December 29, 2022, the Administrator, acting though the Office of Pesticide Programs, shall establish a program to be known as the Vector Expedited Review Voucher program.
The purpose of the program is to incentivize the development of new insecticides to control and prevent the spread of vector borne disease by expediting reviews by decreasing decision review times provided in section 136w-8(b)(3)(B) of this title.
For each of fiscal years 2023 through 2027, the Administrator shall issue a voucher to a pesticide registration applicant for a new active ingredient if the applicant submits and has successfully registered a mosquito-control product that-
For each of fiscal years 2023 through 2027, the focus of the program shall be to incentivize the development of insecticides to control and prevent the spread of mosquitoes bearing diseases described in subclause (I)(cc).
If the Administrator determines that there is a significant public health benefit, an active ingredient that is registered for agricultural use that is repurposed and submitted for control of mosquitoes and that otherwise meets the requirements of subclause (I) (excluding items (bb) and (jj)) as determined necessary by the Administrator, shall be considered a mosquito control product meeting the criteria specified in such subclause.
Beginning in fiscal year 2028, the Administrator shall review the program and recommend-
In carrying out item (aa), the Administrator shall solicit the involvement of registrants, nongovernmental organizations, and governmental agencies engaged in vector-borne disease mitigation and treatment.
To redeem a voucher, the holder shall-
On redemption of a voucher, in furtherance of the purpose described in clause (iii), the Administrator shall expedite decision review times as follows:
Not later than September 30, 2025, and not later than September 30 of each year thereafter, the Administrator shall issue a report on the program, including-
Any unused amounts made available under this paragraph at the end of each fiscal year shall be made available to the Administrator to carry out other activities for which amounts in the Reregistration and Expedited Processing Fund are authorized to be used.
In addition to amounts otherwise available, for each of fiscal years 2023 through 2027, the Administrator shall use not more than $500,000 of the amounts made available to the Administrator in the Reregistration and Expedited Processing Fund to support the interagency agreement with the National Institute for Occupational Safety and Health to support the Sentinel Event Notification System for Occupational Risk pesticides program-
Money in the fund not currently needed to carry out this section shall be-
The Administrator shall take all steps necessary to ensure that expenditures from fees authorized by subsection (i)(1)(C)(ii)1 are used only for the purposes described in paragraphs (2) through (8) and to carry out the goals established under subsection (l). The Reregistration and Expedited Processing Fund shall be designated as an Environmental Protection Agency component for purposes of section 3515(c) of title 31. The annual audit required under section 3521 of such title of the financial statements of activities under this subchapter under section 3515(b) of such title shall include an audit of the fees collected under subsection (i)(1)(C) and disbursed, of the amount appropriated to match such fees, and of the Administrator's attainment of performance measures and goals established under subsection (l). Such an audit shall also include a review of the reasonableness of the overhead allocation and adequacy of disclosures of direct and indirect costs associated with carrying out the reregistration and expedited processing of the applications specified in paragraph (3), and the basis for and accuracy of all costs paid with moneys derived from such fees. The Inspector General shall conduct the annual audit and report the findings and recommendations of such audit to the Administrator and to the Committees on Agriculture of the House of Representatives and the Senate. The cost of such audit shall be paid for out of the fees collected under subsection (i)(1)(C).
The Administrator shall establish and publish annually in the Federal Register performance measures and goals. Such measures and goals shall include-
Any failure of the Administrator to take any action required by this section shall be subject to judicial review under the procedures prescribed by section 136n(b) of this title.
For the purposes of this section, "Secretary" means the Secretary of Health and Human Services, acting through the Public Health Service.
In the case of a pesticide registered for use in public health programs for vector control or for other uses the Administrator determines to be human health protection uses, the Administrator shall, upon timely request by the registrant or any other interested person, or on the Administrator's own initiative may, consult with the Secretary prior to taking final action to suspend registration under section 136a(c)(2)(B)(iv) of this title, or cancel a registration under section 136a-1, 136d(e), or 136d(f) of this title. In consultation with the Secretary, the Administrator shall prescribe the form and content of requests under this section.
The Administrator, after consulting with the Secretary, shall make a determination whether the potential benefits of continued use of the pesticide for public health or health protection purposes are of such significance as to warrant a commitment by the Secretary to conduct or to arrange for the conduct of the studies required by the Administrator to support continued registration under section 136a of this title or reregistration under this section.
If the Administrator determines that such a commitment is warranted and in the public interest, the Administrator shall notify the Secretary and shall, to the extent necessary, amend a notice issued under section 136a(c)(2)(B) of this title to specify additional reasonable time periods for submission of the data.
The Secretary shall make such arrangements for the conduct of required studies as the Secretary finds necessary and appropriate to permit submission of data in accordance with the time periods prescribed by the Administrator. Such arrangements may include Public Health Service intramural research activities, grants, contracts, or cooperative agreements with academic, public health, or other organizations qualified by experience and training to conduct such studies.
The Secretary may provide for support of the required studies using funds authorized to be appropriated under this section, the Public Health Service Act [42 U.S.C. 201 et seq.], or other appropriate authorities. After a determination is made under subsection (d), the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate of the sums required to conduct the necessary studies.
There is authorized to be appropriated to carry out the purposes of this section $12,000,000 for fiscal year 1997, and such sums as may be necessary for succeeding fiscal years.
1See References in Text note below.
7 U.S.C. § 136a-1
EDITORIAL NOTES
REFERENCES IN TEXTThe effective date of this section, referred to in subsecs. (a), (c)(1), (2), and (e)(4)(A), is 60 days after Oct. 25, 1988. See Effective Date note below. Section 136a(c)(1)(D) of this title, referred to in subsecs. (e)(1)(I) and (h), was redesignated section 136a(c)(1)(F) of this title by Pub. L. 102-237, title X, §1006(a)(3)(B), Dec. 13, 1991, 105 Stat. 1894. The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (g)(2)(A)(1), (E)(ii), is act June 25, 1938, ch. 675, 52 Stat. 1040, 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 section 301 of Title 21 and Tables.Section 136w-8(c)(3)(B) of this title, as such section was in effect as of March 8, 2019, referred to in subsec. (i)(1)(G)(iv), means section 136w-8(c)(3)(B) of this title as amended by Pub. L. 116-8, §5(b), and prior to its repeal and reenactment by Pub. L. 117-328, §705(b)(1). See 2022 Amendment note under section 136w-8 of this title.The Endangered Species Act of 1973, referred to in subsec. (k)(2)(A), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, 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 section 1531 of Title 16 and Tables. Subsection (i)(1)(C)(ii) of this section, referred to in subsec. (k)(10), was previously a reference to subsec. (i)(5)(C)(ii), which was repealed and a new subsec. (i)(5)(C)(ii) was added by Pub. L. 108-199, §501(c)(2). Subsec. (i)(5)(C) was amended by Pub. L. 110-94, §4(a), and, as so amended, related to fees but no longer contained a cl. (ii). Subsec. (i)(5) was redesignated (i)(1) by Pub. L. 112-177, §2(a)(1)(C). The Public Health Service Act, referred to in subsec. (n)(6), is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to chapter 6A (§201 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.
PRIOR PROVISIONSA prior section 4 of act June 25, 1947, which was classified to section 136b of this title was transferred to section 11(a)-(c) of act June 25, 1947, which is classified to section 136i(a)-(c) of this title.Another prior section 4 of act June 25, 1947, was classified to section 135b of this title prior to amendment of act June 25, 1947, by Pub. L. 92-516.
AMENDMENTS2022-Subsec. (i)(1)(C). Pub. L. 117-328, §703(a)(1)(A), substituted "2022, and $42,000,000 for each of fiscal years 2023 through 2027" for "2023". Subsec. (i)(1)(D)(i). Pub. L. 117-328, §703(a)(1)(B)(i), substituted "2022, and $172,000 for each of fiscal years 2023 through 2027" for "2023".Subsec. (i)(1)(D)(ii). Pub. L. 117-328, §703(a)(1)(B)(ii), substituted "2022, and $277,200 for each of fiscal years 2023 through 2027" for "2023".Subsec. (i)(1)(E)(i)(I). Pub. L. 117-328, §703(a)(1)(C)(i), substituted "2022, and $105,000 for each of fiscal years 2023 through 2027" for "2023".Subsec. (i)(1)(E)(i)(II). Pub. L. 117-328, §703(a)(1)(C)(ii), substituted "2022, and $184,800 for each of fiscal years 2023 through 2027" for "2023". Subsec. (i)(1)(G) to (M). Pub. L. 117-328, §703(a)(1)(D), (E), added subpars. (G) to (K) and redesignated former subpars. (G) and (H) as (L) and (M), respectively. Former subpar. (I) redesignated (N). Subsec. (i)(1)(N). Pub. L. 117-328, §703(a)(1)(D), (F), redesignated subpar. (I) as (N) and substituted "2027" for "2023". Subsec. (i)(2). Pub. L. 117-328, §703(a)(2), substituted "December 29, 2022, and ending on September 30, 2029" for "March 8, 2019, and ending on September 30, 2025" and "section 136w-8(b)(3)(B)" for "section 136w-8(b)(3)". Subsec. (k)(2)(A). Pub. L. 117-328, §704(1), inserted "including, to the maximum extent practicable, during periods in which Environmental Protection Agency employees are on shutdown or emergency furlough as a result of a lapse in appropriations," after "limitation,".Subsec. (k)(3), (4). Pub. L. 117-328, §704(2), added pars. (3) and (4) and struck out former pars. (3) and (4) which related, respectively, to use of maintenance fees for review of inert ingredients and expedited processing of similar applications and to expedited rulemaking and guidance development for certain product performance data requirements.Subsec. (k)(5)(A). Pub. L. 117-328, §704(3), substituted "2023 through 2027" for "2018 through 2023".Subsec. (k)(6) to (9). Pub. L. 117-328, §704(4), (5), added pars. (6) to (8) and redesignated former par. (6) as (9). Former par. (7) redesignated (10).Subsec. (k)(10). Pub. L. 117-328, §704(4), (6), redesignated par. (7) as (10) and substituted "paragraphs (2) through (8)" for "paragraphs (2), (3), (4), and (5)". 2019-Subsec. (i)(1)(C). Pub. L. 116-8, §2(a)(1), substituted "an average amount of $31,000,000 for each of fiscal years 2019 through 2023" for "an aggregate amount of $27,800,000 for each of fiscal years 2013 through 2017".Subsec. (i)(1)(D)(i). Pub. L. 116-8, §2(a)(2)(A), substituted "$129,400 for each of fiscal years 2019 through 2023" for "$115,500 for each of fiscal years 2013 through 2017". Subsec. (i)(1)(D)(ii). Pub. L. 116-8, §2(a)(2)(B), substituted "$207,000 for each of fiscal years 2019 through 2023" for "$184,800 for each of fiscal years 2013 through 2017".Subsec. (i)(1)(E)(i)(I). Pub. L. 116-8, §2(a)(3)(A), substituted "$79,100 for each of fiscal years 2019 through 2023" for "$70,600 for each of fiscal years 2013 through 2017".Subsec. (i)(1)(E)(i)(II). Pub. L. 116-8, §2(a)(3)(B), substituted "$136,800 for each of fiscal years 2019 through 2023" for "$122,100 for each of fiscal years 2013 through 2017". Subsec. (i)(1)(I). Pub. L. 116-8, §2(a)(4), substituted "2023." for "2017.." Subsec. (i)(2). Pub. L. 116-8, §2(b), substituted "March 8, 2019, and ending on September 30, 2025" for "October 25, 1988, and ending on September 30, 2019" and inserted "or any other action covered under a table specified in section 136w-8(b)(3) of this title," after "registration of a pesticide under this subchapter".Subsec. (k)(2)(A). Pub. L. 116-8, §3(a)(1), (2), in introductory provisions, substituted "the Reregistration and Expedited Processing Fund" for "the fund" and "paragraph (3), to offset the costs of registration review under section 136a(g) of this title, including the costs associated with any review under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) required as part of the registration review, to offset the costs associated with tracking and implementing registration review decisions, including registration review decisions designed to reduce risk, for the purposes specified in paragraphs (4) and (5), and to enhance the information systems capabilities to improve the tracking of pesticide registration decisions." for "paragraph (3), to enhance the information systems capabilities to improve the tracking of pesticide registration decisions, and to offset the costs of registration review under section 136a(g) of this title. Such moneys derived from fees may not be expended in any fiscal year to the extent such moneys derived from fees would exceed money appropriated for use by the Administrator and expended in such year for such costs of reregistration and expedited processing of such applications."Subsec. (k)(2)(A)(i). Pub. L. 116-8, §3(a)(3), substituted "are allocated solely for the purposes specified in the first sentence of this subparagraph;" for "are allocated solely to offset the costs of reregistration and expedited processing of the applications specified in paragraph (3), to enhance the information systems capabilities to improve the tracking of pesticide registration decisions, and to offset the costs of registration review under section 136a(g) of this title;". Subsec. (k)(2)(A)(ii). Pub. L. 116-8, §3(a)(4), substituted "necessary to achieve the purposes specified in the first sentence of this subparagraph;" for "necessary to achieve reregistration and expedited processing of the applications specified in paragraph (3), to enhance the information systems capabilities to improve the tracking of pesticide registration decisions, and to offset the costs of registration review under section 136a(g) of this title;".Subsec. (k)(3)(A). Pub. L. 116-8, §3(b), in introductory provisions, substituted "For each of fiscal years 2018 through 2023, the Administrator shall use between 1/9 and 1/8 of the maintenance fees collected in such fiscal year to obtain sufficient personnel and resources-" for "The Administrator shall use for each of the fiscal years 2004 through 2006, approximately $3,300,000, and for each of fiscal years 2013 through 2017, between 1/9 and 1/8, of the maintenance fees collected in such fiscal year to obtain sufficient personnel and resources-". Subsec. (k)(4). Pub. L. 116-8, §3(c), amended par. (4) generally. Prior to amendment, par. (4) related to enhancements of information technology systems for improvement in review of pesticide applications. Subsec. (k)(5) to (7). Pub. L. 116-8, §3(d), added par. (5), redesignated former pars. (5) and (6) as (6) and (7), respectively, and substituted "paragraphs (2), (3), (4), and (5)" for "paragraphs (2), (3), and (4)" in par. (7).2012-Subsec. (d)(5)(B)(ii)(III). Pub. L. 112-177, §2(a)(2)(A)(i), substituted "this section" for "subsection (i)(1)".Subsec. (i)(1) to (4). Pub. L. 112-177, §2(a)(1)(C), (D), redesignated pars. (5) and (6) as (1) and (2), respectively, and struck out former pars. (1) to (4) which related to initial fee for food or feed use pesticide active ingredients, final fee for food or feed use pesticide active ingredients, fees for other pesticide active ingredients, and reduction or waiver of fees for minor use and other pesticides, respectively.Subsec. (i)(5). Pub. L. 112-177, §2(a)(1)(D), redesignated par. (5) as (1).Subsec. (i)(5)(C). Pub. L. 112-177, §2(a)(1)(A)(i), substituted "aggregate amount of $27,800,000 for each of fiscal years 2013 through 2017." for "aggregate amount of $22,000,000 for each of fiscal years 2008 through 2012". Subsec. (i)(5)(D)(i). Pub. L. 112-177, §2(a)(1)(A)(ii)(I), substituted "shall be $115,500 for each of fiscal years 2013 through 2017;" for "shall be $71,000 for each of fiscal years 2008 through 2012;". Subsec. (i)(5)(D)(ii). Pub. L. 112-177, §2(a)(1)(A)(ii)(II), substituted "shall be $184,800 for each of fiscal years 2013 through 2017." for "shall be $123,000 for each of fiscal years 2008 through 2012." Subsec. (i)(5)(E)(i)(I). Pub. L. 112-177, §2(a)(1)(A)(iii)(I), substituted "shall be $70,600 for each of fiscal years 2013 through 2017;" for "shall be $50,000 for each of fiscal years 2008 through 2012;". Subsec. (i)(5)(E)(i)(II). Pub. L. 112-177, §2(a)(1)(A)(iii)(II), substituted "shall be $122,100 for each of fiscal years 2013 through 2017." for "shall be $86,000 for each of fiscal years 2008 through 2012." Subsec. (i)(5)(F). Pub. L. 112-177, §2(a)(1)(A)(vi), added subpar. (F). Former subpar. (F) redesignated (G). Pub. L. 112-177, §2(a)(1)(A)(iv), substituted "this paragraph" for "paragraph (3)" and "Human" for "Humans".Subsec. (i)(5)(G), (H). Pub. L. 112-177, §2(a)(1)(A)(v), redesignated subpars. (F) and (G) as (G) and (H), respectively.Subsec. (i)(5)(I). Pub. L. 112-177, §2(a)(1)(A)(v), (vii), redesignated subpar. (H) as (I) and substituted "2017" for "2012".Subsec. (i)(6). Pub. L. 112-177, §2(a)(1)(D), redesignated par. (6) as (2). Pub. L. 112-177, §2(a)(1)(B), substituted "2019" for "2014" and "paragraph (1)" for "paragraphs (1) through (5)".Subsec. (i)(7). Pub. L. 112-177, §2(a)(1)(C), struck out par. (7) which related to apportionment of certain fees among registrants of pesticides.Subsec. (j). Pub. L. 112-177, §2(a)(2)(A)(ii), substituted "subsection (i)(1)" for "subsection (i)(5)". Subsec. (k)(2)(A). Pub. L. 112-177, §2(a)(4)(A)(i), inserted ",to enhance the information systems capabilities to improve the tracking of pesticide registration decisions," after "paragraph (3)" wherever appearing.Subsec. (k)(2)(A)(i). Pub. L. 112-177, §2(a)(4)(A)(ii), inserted "offset" before "the costs of reregistration" and struck out "in the same portion as appropriated funds" before semicolon at end.Subsec. (k)(3)(A). Pub. L. 112-177, §2(a)(4)(B), in introductory provisions, substituted "2013 through 2017, between 1/9 and 1/8" for "2008 through 2012, between 1/8 and 1/7"; in cl. (i), struck out "new" before "inert"; and, in cl. (ii), substituted "any application that-" for "any application that-".Subsec. (k)(4). Pub. L. 112-177, §2(a)(4)(C)(ii), added par. (4). Former par. (4) redesignated (5). Subsec. (k)(5). Pub. L. 112-177, §2(a)(4)(C)(i), redesignated par. (4) as (5). Former par. (5) redesignated (6). Pub. L. 112-177, §2(a)(2)(A)(iii), substituted "subsection (i)(1)(C)(ii)" for "subsection (i)(5)(C)(ii)" and "subsection (i)(1)(C)" for "subsection (i)(5)(C)" in two places.Subsec. (k)(6). Pub. L. 112-177, §2(a)(4)(C)(i), (iii), redesignated par. (5) as (6) and substituted "for the purposes described in paragraphs (2), (3), and (4) and to carry out the goals established under subsection (l)" for "to carry out the goals established under subsection (l)". 2007-Subsec. (i)(5)(C). Pub. L. 110-94, §4(a), which directed substitution of "amount of $22,000,000 for each of fiscal years 2008 through 2012" for "amount of" and all that follows through the end of clause (v), was executed by making the substitution for "amount of- "(i) for fiscal year 2004, $26,000,000; "(ii) for fiscal year 2005, $27,000,000;"(iii) for fiscal year 2006, $27,000,000;"(iv) for fiscal year 2007, $21,000,000; and"(v) for fiscal year 2008, $15,000,000." to reflect the probable intent of Congress. The words "amount of" appeared in the heading and twice in the text. Subsec. (i)(5)(D)(i). Pub. L. 110-94, §4(b)(1)(A), substituted "shall be $71,000 for each of fiscal years 2008 through 2012; and" for "shall be- "(I) for fiscal year 2004, $84,000; "(II) for each of fiscal years 2005 and 2006, $87,000; "(III) for fiscal year 2007, $68,000; and"(IV) for fiscal year 2008, $55,000; and".Subsec. (i)(5)(D)(ii). Pub. L. 110-94, §4(b)(1)(B), substituted "shall be $123,000 for each of fiscal years 2008 through 2012." for "shall be-"(I) for fiscal year 2004, $145,000;"(II) for each of fiscal years 2005 and 2006, $151,000;"(III) for fiscal year 2007, $117,000; and"(IV) for fiscal year 2008, $95,000." Subsec. (i)(5)(E)(i)(I). Pub. L. 110-94, §4(b)(2)(A), substituted "shall be $50,000 for each of fiscal years 2008 through 2012; and" for "shall be-"(aa) for fiscal year 2004, $59,000; "(bb) for each of fiscal years 2005 and 2006, $61,000; "(cc) for fiscal year 2007, $48,000; and"(dd) for fiscal year 2008, $38,500; and".Subsec. (i)(5)(E)(i)(II). Pub. L. 110-94, §4(b)(2)(B), substituted "shall be $86,000 for each of fiscal years 2008 through 2012." for "shall be-"(aa) for fiscal year 2004, $102,000;"(bb) for each of fiscal years 2005 and 2006, $106,000;"(cc) for fiscal year 2007, $82,000; and"(dd) for fiscal year 2008, $66,500." Subsec. (i)(5)(H). Pub. L. 110-94, §4(c), substituted "2012." for "2008".Subsec. (i)(6). Pub. L. 110-94, §4(d)(1), substituted "2014" for "2010".Subsec. (k)(2)(A). Pub. L. 110-94, §4(e)(1), inserted "and to offset the costs of registration review under section 136a(g) of this title" after "paragraph (3)" wherever appearing.Subsec. (k)(3)(A). Pub. L. 110-94, §4(e)(2), substituted "2008 through 2012" for "2007 and 2008". 2004-Subsec. (g)(2)(A). Pub. L. 108-199, §501(c)(5)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: "Within 1 year after the submission of all data concerning an active ingredient of a pesticide under subsection (f) of this section, the Administrator shall determine whether pesticides containing such active ingredient are eligible for reregistration. For extraordinary circumstances, the Administrator may extend such period for not more than 1 additional year."Subsec. (g)(2)(B). Pub. L. 108-199, §501(c)(5)(B), inserted subpar. (B) and cl. (i) headings, designated first sentence of existing provisions as cl. (i), inserted cl. (ii) and subcl. (I) headings, designated second sentence of existing provisions as cl. (ii)(I), substituted "Subject to subclause (II), the Administrator" for "The Administrator" in subcl. (I), and added subcl. (II).Subsec. (g)(2)(D). Pub. L. 108-199, §501(c)(5)(C), inserted subpar. (D) and cl. (i) headings, designated existing provisions as cl. (i), and added cl. (ii).Subsec. (i)(5)(A). Pub. L. 108-199, §501(c)(1)(A), inserted subpar. (A) heading and substituted "for each registration" for "of-"(i) $650 for the first registration; and "(ii) $1,300 for each additional registration". Subsec. (i)(5)(C). Pub. L. 108-199, §501(c)(2), struck out cl. (i) designation before "The amount of each", inserted subpar. (C) heading, substituted "aggregate amount of-" for "aggregate amount of $21,500,000 for fiscal year 2003.", added cls. (i) to (v), and struck out former cl. (ii), which related to collection of additional fees in fiscal years 1998, 1999, and 2000.Subsec. (i)(5)(D). Pub. L. 108-199, §501(c)(1)(B), inserted subpar. (D) heading, substituted "shall be-" for "shall be $55,000; and" and added subcls. (I) to (IV) in cl. (i), and substituted "shall be-" for "shall be $95,000." and added subcls. (I) to (IV) in cl. (ii). Subsec. (i)(5)(E)(i). Pub. L. 108-199, §501(c)(1)(C), inserted subpar. (E) and cl. (i) headings, realigned margins of subcls. (I) and (II), substituted "shall be-" for "shall be $38,500; and" and inserted items (aa) to (dd) in subcl. (I), and substituted "shall be-" for "shall be $66,500." and inserted items (aa) to (dd) in subcl. (II).Subsec. (i)(5)(E)(ii). Pub. L. 108-199, §501(c)(3), inserted cl. (ii) heading, redesignated existing provisions as subcl. (I), inserted subcl. (I) heading, substituted "In" for "For purposes of" in subcl. (I), redesignated former subcls. (I) and (II) as items (aa) and (bb) respectively, and realigned margins, substituted "500" for "150" in item (aa), substituted "global gross revenue from pesticides that did not exceed $60,000,000." for "gross revenue from chemicals that did not exceed $40,000,000." in item (bb), and added subcl. (II).Subsec. (i)(5)(H). Pub. L. 108-199, §501(c)(4), substituted "2008" for "2003".Subsec. (i)(6). Pub. L. 108-199, §501(d)(1), substituted "Except as provided in section 136w-8 of this title, during" for "During", and substituted "2010" for "2003". Subsec. (k)(2)(A)(i). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office". Subsec. (k)(3). Pub. L. 108-199, §501(e)(1), substituted "Review of inert ingredients; expedited" for "Expedited" in par. heading. Subsec. (k)(3)(A). Pub. L. 108-199, §501(e)(2), substituted "2004 through 2006, approximately $3,300,000, and for each of fiscal years 2007 and 2008, between 1/8 and 1/7, of the maintenance fees" for "1997 through 2003, not more than 1/10 of the maintenance fees", substituted "resources" for "resources to assure the expedited processing and review of any application that", added cl. (i), inserted cl. (ii) designation and introductory provisions, and redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, of cl. (ii).2003- Pub. L. 108-7 which directed the amendment of "Section 136a-1 of title 7, U.S.C.", was executed by making the amendments to this section, which is section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act, to reflect the probable intent of Congress. See below.Subsec. (i)(5)(C)(i). Pub. L. 108-7 [(1)], substituted "$21,500,000 for fiscal year 2003" for "$17,000,000 fiscal year 2002".Subsec. (i)(5)(H). Pub. L. 108-7 [(2)], substituted "2003" for "2002".Subsec. (i)(6). Pub. L. 108-7 [(3)], substituted "2003" for "2002".Subsec. (k)(3)(A). Pub. L. 108-7 [(4)], substituted "2003" for "2002". 2001- Pub. L. 107-73 which directed the amendment of "Section 136a-1 of title 7, U.S.C.", was executed by making the amendments to this section, which is section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act, to reflect the probable intent of Congress. See below.Subsec. (i)(5)(C)(i). Pub. L. 107-73 [(1)], substituted "$17,000,000" for "$14,000,000" and "fiscal year 2002" for "each fiscal year".Subsec. (i)(5)(H). Pub. L. 107-73 [(2)], substituted "2002" for "2001".Subsec. (i)(6). Pub. L. 107-73 [(3)], substituted "2002" for "2001".Subsec. (k)(3)(A). Pub. L. 107-73 [(4)], substituted "2002" for "2001" and "1/10" for "1/7" in introductory provisions.1996- Pub. L. 104-170, §501, which directed amendment of section 4 without specifying the name of the Act being amended, was executed to this section, which is section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act, to reflect the probable intent of Congress.Subsec. (d)(4)(B). Pub. L. 104-170, §210(c)(2), inserted at end provisions authorizing extension of deadline for production of residue chemistry data in case of minor use and setting forth conditions to be met for such extension in cls. (i) to (iv).Subsec. (d)(6). Pub. L. 104-170, §210(f)(1)(A), inserted at end provisions delaying upon written request action with regard to unsupported minor uses, authorizing refusal of request where there are health or environmental concerns, authorizing publication of notice in Federal Register and monitoring of development of data, setting forth procedures where registrant is not meeting or has not met schedule for production of data, and authorizing denial, modification, or revocation of temporary extension where use may cause adverse effect on environment and requiring notice of such revocation to registrant.Subsec. (e)(2)(B). Pub. L. 104-170, §210(c)(2), inserted at end provisions authorizing extension of deadline for production of residue chemistry data in case of minor use and setting forth conditions to be met for such extension in cls. (i) to (iv). Subsec. (e)(3)(A). Pub. L. 104-170, §210(f)(1)(B), inserted at end provisions delaying upon written request action with regard to unsupported minor uses, authorizing refusal of request where there are health or environmental concerns, authorizing publication of notice in Federal Register and monitoring of development of data, setting forth procedures where registrant is not meeting or has not met schedule for production of data, and authorizing denial, modification, or revocation of temporary extension where use may cause adverse effect on environment and requiring notice of such revocation to registrant.Subsec. (f)(2)(B). Pub. L. 104-170, §210(c)(2), inserted at end provisions authorizing extension of deadline for production of residue chemistry data in case of minor use and setting forth conditions to be met for such extension in cls. (i) to (iv). Subsec. (f)(3). Pub. L. 104-170, §210(f)(1)(A), inserted at end provisions delaying upon written request action with regard to unsupported minor uses, authorizing refusal of request where there are health or environmental concerns, authorizing publication of notice in Federal Register and monitoring of development of data, setting forth procedures where registrant is not meeting or has not met schedule for production of data, and authorizing denial, modification, or revocation of temporary extension where use may cause adverse effect on environment and requiring notice of such revocation to registrant.Subsec. (g)(2)(E). Pub. L. 104-170, §103, added subpar. (E).Subsec. (i)(4)(B) to (D). Pub. L. 104-170, §232(1), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.Subsec. (i)(5)(C). Pub. L. 104-170, §501(a)(2), designated existing provisions as cl. (i) and added cl. (ii).Subsec. (i)(5)(F), (G). Pub. L. 104-170, §232(2), added subpar. (F) and redesignated former subpar. (F) as (G). Subsec. (i)(5)(H). Pub. L. 104-170, §501(a)(1), substituted "2001" for "1997". Pub. L. 104-170, §232(2), redesignated subpar. (G) as (H).Subsec. (i)(6). Pub. L. 104-170, §501(a)(1), substituted "2001" for "1997". Subsec. (i)(7)(B). Pub. L. 104-170, §232(3), substituted ",to determine the registrant's eligibility" for "or to determine the registrant's eligibility" and inserted before period at end ",or to determine the volume usage for public health pesticides". Subsec. (k)(1). Pub. L. 104-170, §501(b), inserted "which shall be known as the Reregistration and Expedited Processing Fund" before period at end.Subsec. (k)(2). Pub. L. 104-170, §501(c), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: "All fees collected by the Administrator under subsection (i) of this section shall be deposited into the fund and shall be available to the Administrator, without fiscal year limitation, to carry out reregistration and expedited processing of similar applications."Subsec. (k)(3)(A). Pub. L. 104-170, §501(d)(1), which directed the amendment of introductory provisions by substituting "for each of the fiscal years 1997 through 2001, not more than 1/7 of the maintenance fees collected in such fiscal year" for "for each of the fiscal years 1992, 1993, and 1994, 1/7th of the maintenance fees collected, up to 2 million each year", was executed by making the substitution for text which contained the phrase "$2 million", to reflect the probable intent of Congress.Subsec. (k)(3)(A)(iii). Pub. L. 104-170, §232(4), added cl. (iii). Subsec. (k)(3)(C). Pub. L. 104-170, §501(d)(2), added subpar. (C).Subsec. (k)(5). Pub. L. 104-170, §501(e), amended heading and text of par. (5) generally. Prior to amendment, text read as follows: "The Administrator shall-"(A) provide an annual accounting of the fees collected and disbursed from the fund; and "(B) take all steps necessary to ensure that expenditures from such fund are used only to carry out this section."Subsec. (l). Pub. L. 104-170, §501(f), added subsec. (l). Former subsec. (l) redesignated (m).Subsec. (m). Pub. L. 104-170, §501(f), redesignated subsec. (l) as (m). Former subsec. (m) redesignated (n). Pub. L. 104-170, §237, added subsec. (m). Subsec. (n). Pub. L. 104-170, §501(f), redesignated subsec. (m) as (n). 1991-Subsec. (f)(3). Pub. L. 102-237, §1006(a)(4), realigned margin.Subsec. (i)(5). Pub. L. 102-237, §1006(e), amended par. (5) generally, substituting, in subpar. (A), provisions relating to January 15 for provisions relating to March 1, in subpar. (A)(i), provisions relating to fee of $650 for first registration for provisions relating to fee of $425 for each registration for registrants holding not more than 50 registrations, and in subpar. (A)(ii), provisions relating to fee of $1,300 for each additional registration up to 200 registrations, with no fee thereafter, for provisions relating to fee of $425 for each registration up to 50, $100 for each registration over 50, with no fee after 200 registrations, redesignating provisions formerly set out in subpar. (A), following cl. (ii), as subpar. (B), and substituting provisions relating to fee under this par. for provisions relating to fee under this subpar., redesignating former subpar. (B) as (C), striking former subpar. (C), which set maximum annual fee for registrants under subpar. (A)(i) at $20,000, and for registrants under subpar. (A)(ii) at $35,000, adding subpars. (D) and (E), and redesignating former subpars. (D) and (E) as (F) and (G), respectively.Subsec. (k)(3)(A). Pub. L. 102-237, §1006(f), substituted "for each of the fiscal years 1992, 1993, and 1994, 1/7th of the maintenance fees collected, up to $2 million each year" for "each fiscal year not more than $2,000,000 of the amounts in the fund". 1990-Subsec. (i)(5)(A). Pub. L. 101-624 inserted sentence at end relating to reduction or waiver of fee where pesticide is registered for minor agricultural use.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112-177, §2(c), Sept. 28, 2012, 126 Stat. 1407, provided that: "This section [amending this section, section 136w-8 of this title, and section 346a of Title 21, Food and Drugs, and enacting provisions set out as a note under this section] and the amendments made by this section take effect on October 1, 2012."
EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110-94 effective Oct. 1, 2007, see section 6 of Pub. L. 110-94 set out as a note under section 136a of this title.
EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108-199 effective on the date that is 60 days after Jan. 23, 2004, except as otherwise provided, see section 501(h) of Pub. L. 108-199 set out as a note under section 136a of this title.
EFFECTIVE DATESection effective on expiration of 60 days after Oct. 25, 1988, see section 901 of Pub. L. 100-532 set out as an Effective Date of 1988 Amendment note under section 136 of this title.
IMPLEMENTATION DATES WITH RESPECT TO FEES Pub. L. 117-328 div. HH, title VI, §708, Dec. 29, 2022, 136 Stat. 6082, provided that:"(a) FEE INCREASES.- "(1) REGISTRATION SERVICE FEES.-With respect to amendments made by this title [see Short Title of 2022 Amendment note set out under section 136 of this title] to increase registration service fees specified in section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8), such increases shall not be effective until the date that is 60 days after the date of the enactment of this title [Dec. 29, 2022], regardless of whether such section 33 specifies (as so amended) that such increases are effective for fiscal year 2023."(2) MAINTENANCE FEES.-With respect to amendments made by this title to increase the amount of maintenance fees to be collected under section 4(i) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)), such increases shall be effective beginning on October 1, 2022."(b) SET-ASIDES.-With respect to any set-asides specified in subsection (i) or (k) of section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1), such set-asides shall be effective beginning on October 1, 2022."
EXTENSION OF LIMITATIONS ON FEE AMOUNTS AND USAGE OF FEES Pub. L. 115-141, div. M, title IV, §401(a), Mar. 23, 2018, 132 Stat. 1049, provided that subsecs. (i)(1)(C)-(E) and (k)(3), (4) of this section and section 136w-8(c)(3)(B) of this title would continue in effect through Sept. 30, 2018. Pub. L. 115-141, div. M, title IV, §401(b)(1), Mar. 23, 2018, 132 Stat. 1050, extended the authority under subsec. (i)(1) of this section through Sept. 30, 2018.
RELATIONSHIP OF PUB. L. 112-177 TO OTHER LAW Pub. L. 112-177, §2(d), Sept. 28, 2012, 126 Stat. 1407, provided that: "In the case of any conflict between this section [amending this section, section 136w-8 of this title, and section 346a of Title 21, Food and Drugs, and enacting provisions set out as a note under this section] (including the amendments made by this section) and a joint resolution making continuing appropriations for fiscal year 2013 (including any amendments made by such a joint resolution), this section and the amendments made by this section shall control."
ADJUSTMENT OF MAXIMUM ANNUAL FEE PAYABLE BY PESTICIDE REGISTRANTS Pub. L. 108-11, 117 Stat. 603, provided that: "Within 30 days of enactment of this Act [Apr. 16, 2003], the Administrator of the Environmental Protection Agency shall adjust each 'maximum annual fee payable' pursuant to 7 U.S.C. 136a-1(i)(5)(D) and (E) in a manner such that maintenance fee collections made to reach the level authorized in division K of Public Law 108-7 [see Tables for classification] shall be established in the same proportion as those maintenance fee collections authorized in Public Law 107-73 [see Tables for classification]."