7 U.S. Code § 136w-8
7 U.S. Code § 136w-8 is about Pesticide registration service fees. It is under Subchapter II (Environmental Pesticide Control) of Chapter 6 (Insecticides And Environmental Pesticide Control) of Title 7 (Agriculture) of the Code.
(a) Definition of costs
In this section, the term “costs”, when used with respect to review and decisionmaking pertaining to an application for which registration service fees are paid under this section, means—
(1)costs to the extent that—
(A)officers and employees provide direct support for the review and decisionmaking for covered pesticide applications, associated tolerances, and corresponding risk and benefits information and analyses;
(B)persons and organizations under contract with the Administrator engage in the review of the applications, and corresponding risk and benefits information and assessments; and
(C)advisory committees and other accredited persons or organizations, on the request of the Administrator, engage in the peer review of risk or benefits information associated with covered pesticide applications;
(2)costs of management of information, and the acquisition, maintenance, and repair of computer and telecommunication resources (including software), used to support review of pesticide applications, associated tolerances, and corresponding risk and benefits information and analyses; and
(3)costs of collecting registration service fees under subsections (b) and (c) and reporting, auditing, and accounting under this section.
(b) Fees
(1)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.
(2)Covered applications
(A)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.
(B)Existing applications
(i)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.
(ii)Tolerance or exemption fees
The 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 (21 U.S.C. 301 et seq.).
(C)Documentation
An application subject to a registration service fee under this section shall be submitted with documentation certifying—
(i)payment of the registration service fee; or
(ii)payment of at least 25 percent of the registration service fee and a request for a waiver from or reduction of the remaining amount of the registration service fee.
(D)Payment
The registration service fee required under this subsection shall be due upon submission of the application.
(E)Applications subject to additional fees
An application may be subject to additional fees if—
(i)the applicant identified the incorrect registration service fee and decision review period;
(ii)after review of a waiver request, the Administrator denies the waiver request; or
(iii)on completion of, where appropriate, the initial screening of the contents of the application or the preliminary technical screening of the application, the Administrator determines that a different registration service fee and decision review period apply to the application.
(F)Effect of failure to pay fees
The Administrator shall reject any application submitted without the required registration service fee.
(G)Non-refundable portion of fees
(i)In general
The Administrator shall retain 25 percent of the applicable registration service fee.
(ii)Limitation
Any waiver, refund, credit or other reduction in the registration service fee shall not exceed 75 percent of the registration service fee.
(H)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.
(3)Schedule of covered applications and other actions and their registration service fees
(A)Data evaluation records
At the decision review time under a fee table specified in subparagraph (B) or as agreed upon under subsection (f)(5), for each covered application under a fee table specified in such subparagraph (B), the Administrator shall—
(i)complete data evaluation records for studies submitted by the applicant in support of the application; and
(ii)release those data evaluation records to the applicant, using appropriate protections for confidential business information.
