The Pesticide Registration Improvement Act of 2022 (PRIA 5; Division HH, Title VI of P.L. 117-328): Authority to Collect Fees

The Pesticide Registration Improvement Act of 2022 (PRIA 5; Division HH, Title VI of P.L. 117-328): Authority to Collect Fees

Updated February 8, 2023
The Pesticide Registration Improvement Act of 2022 (PRIA 5;
Division HH, Title VI of P.L. 117-328): Authority to Collect Fees
The Pesticide Registration Improvement Act of 2022 (PRIA
The Pesticide Registration Improvement Renewal Act
5; Division HH, Title VI of the Consolidated
(PRIA 2; P.L. 110-94), the Pesticide Registration
Appropriations Act of 2023, P.L. 117-328) reauthorized the
Improvement Extension Act of 2012 (PRIA 3; P.L. 112-
collection and use of two types of fees to enhance and
177), and the Pesticide Registration Improvement
accelerate the U.S. Environmental Protection Agency’s
Extension Act of 2018 (PRIA 4; P.L. 116-8) reauthorized
(EPA’s) pesticide registration program and related
and amended the pesticide fee framework. PRIA 2, PRIA 3,
activities. Without the reauthorization of these authorities,
and PRIA 4 added new categories of applications for which
EPA’s authority to collect one type of fee—pesticide
registration service fees may be assessed, revised the
maintenance fees—would have expired at the end of
schedule of time frames in which EPA is required to make a
FY2023, while the authority to collect the other type of
decision on an application, and adjusted the fee amounts for
fee—pesticide registration service fees—would have begun
both maintenance and registration service fees. With PRIA
to phase out at the end of FY2023. PRIA 5, among other
5, Congress reauthorized and further amended the pesticide
things, extended the authority to collect pesticide
fee framework. The following two sections summarize
maintenance fees through FY2027 and the authority to
current provisions regarding maintenance fees and
collect pesticide registration service fees through FY2029.
registration service fees.
Background
Pesticide Maintenance Fees
EPA assesses fees on pesticide manufacturers and
FIFRA Section 4 (7 U.S.C. §136a-1), as amended, sets
distributors (both referred to as registrants) for pesticide
annual maximum maintenance fees per registrant, generally
registrations and pesticide-related applications.
based on the number of registrations held. Section 4
Maintenance fees (which are made available to EPA as
provides small business waivers and fee reductions and
mandatory appropriations), registration service fees (which
exemptions for certain public health pesticides, which are
must be appropriated), and discretionary appropriations
defined as minor use pesticide products registered for use
from the General Fund are used to pay for EPA’s pesticide
and used predominantly in public health programs for
regulatory activities as authorized by two statutes: (1) The
vector control (i.e., measures intended to control the
Federal Insecticide, Fungicide, and Rodenticide Act
population of species that can transmit disease pathogens to
(FIFRA; 7 U.S.C. §136 et seq.), which requires EPA to
humans) or for other recognized health protection uses.
review and register the use of pesticide products that meet
Section 4 also limits EPA to collecting an aggregate amount
certain statutory criteria and to periodically reevaluate
of maintenance fees that average $42.0 million per fiscal
existing pesticide registrations (i.e., registration review);
year from FY2023 through FY2027.
and (2) Section 408 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. §346a), which requires EPA to
Nonpayment of maintenance fees can result in the
establish maximum limits (“tolerances”) for pesticide
cancellation of associated pesticide registrations. EPA
residues in or on food and animal feed.
orders to cancel pesticide registrations due to nonpayment
of maintenance fees are published in the Federal Register.
The Pesticide Registration Improvement Act of 2003 (PRIA
See, for example, 87 Federal Register 10200, February 23,
1; P.L. 108-199, Division G, Title V) established the
2022.
current framework for EPA to collect maintenance fees and
registration service fees. PRIA 1 modified provisions
Collected maintenance fees are deposited as receipts in the
originally enacted in 1988 that authorized the collection and
Reregistration and Expedited Processing Fund in the U.S.
use of maintenance fees to enhance and accelerate a one-
Treasury. These fees are made available to EPA as
time EPA review of pesticide registrations that the agency
mandatory appropriations for offsetting costs associated
issued prior to November 1, 1984 (i.e., reregistration).
with (1) processing registrant submissions not covered by
PRIA 1 also authorized a new type of fee—registration
registration service fees; (2) reevaluating registered
service fees—to defray costs associated with EPA review of
pesticides through registration review (including reviews
applications for registering new pesticides, adding new uses
associated with Endangered Species Act consultations); (3)
to existing pesticide registrations, establishing and
tracking and implementing registration review decisions;
amending tolerances, and amending pesticide labels. PRIA
(4) developing efficacy test methods for antimicrobial
1 established a “schedule” outlining the fee amounts
pesticide devices making public health claims and
associated with specific activities and required EPA to
enhancing the good laboratory practices standards
complete its review within a specific time frame for each
compliance monitoring program; and (5) implementing
category of applications if EPA collected the fee.
information system capabilities to improve the tracking of
pesticide registration decisions. Additionally, Section 4
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The Pesticide Registration Improvement Act of 2022 (PRIA 5; Division HH, Title VI of P.L. 117-328): Authority to Collect
Fees
authorizes certain set-asides from maintenance fee
Tribal Assistance Grants accounts. The Consolidated
collections for farmworker training and education grants,
Appropriations Act, 2023 (P.L. 117-328), authorized EPA
health care provider training, partnership grants, a pesticide
to assess registration service fees notwithstanding the
safety education program, technical assistance for
conditional provision that appropriated funds be no less
individuals applying for and receiving grants funded by set-
than $166.0 million. EPA expected to collect approximately
asides, EPA staff training to implement FIFRA, an
$20.0 million in registration service fees during FY2022
expedited review voucher program for mosquito and other
under PRIA 4.
vector control pesticides, and a pesticide surveillance
program.
The authority to collect registration service fees begins to
phase out starting at the end of FY2027, with EPA having
The authority to collect maintenance fees expires at the end
authority to collect fees at reduced levels through
of FY2027.
FY2029—reduced by 40% during FY2028 and 70% during
FY2029. After September 30, 2029, the authority to collect
Pesticide Registration Service Fees
registration service fees expires.
FIFRA Section 33 (7 U.S.C. §136w-8), as amended, sets
registration service fee amounts that EPA is authorized to
Accounting, Auditing, and Reporting
assess, which vary depending on the type of application
FIFRA requires the EPA Inspector General to audit the
submitted and which requisite action the applicant requests
Reregistration and Expedited Processing Fund and Pesticide
from EPA out of 226 specific actions identified in a series
Registration Fund in accordance with the Chief Financial
of tables. Section 33 requires EPA to complete review of
Officers Act of 1990 (P.L. 101-576), as amended, and
the requested action by or before deadlines based on the
submit the findings and recommendations of the audit to
category of action. Section 33 provides small business fee
EPA and certain congressional committees. Additionally,
reductions, and EPA may exempt or waive a portion of the
FIFRA requires EPA to annually report on various aspects
registration service fee for an application for minor uses of
of its pesticide program activities. EPA publishes historical
a pesticide. Section 33 exempts from registration service
and current reports on its website at https://www.epa.gov/
fees certain applications that involve tolerance setting for
pria-fees.
which the agency has determined that the exemption is in
the “public interest” and applications submitted by federal
Other Provisions
and state governmental entities.
PRIA 5 also included provisions related to pesticide
labeling and the review of pesticide registrations. Section
FIFRA Section 33 requires EPA to deposit collected
702 of PRIA 5 added Section 3(f)(5) to FIFRA, directing
pesticide registration service fees as receipts in the
EPA to generally require that human health precautionary
Pesticide Registration Fund in the U.S. Treasury.
language on labeling for registered pesticide products be
Subsequent appropriations acts are required for EPA to
translated into Spanish. EPA is to implement these labeling
collect registration service fees from applicants and obligate
requirements under a schedule spanning three to eight
receipts from this Fund. Once Congress appropriates the fee
years, based on the use and relative toxicity of the pesticide
receipts, EPA may use them without fiscal year limitation
product.
for the following purposes:
Section 711 of PRIA 5 extended the deadline for
 covering costs associated with the review and
completing initial registration review of pesticides until
adjudication of applications received with the payment
October 1, 2026, notwithstanding the current deadline of
of the applicable registration service fee;
October 1, 2022, as specified in FIFRA Section 3(g). Prior
to this amendment, EPA had reported that it had not
 developing and issuing guidance for the evaluation of
completed registration review for all pesticides subject to
potential adverse effects from outdoor uses of pesticide
the review. For registration review cases not already
products on species listed under the Endangered Species
completed and for which effects determinations or
Act and their designated critical habitat; and
consultations have not been completed pursuant to Section
7(a)(2) of the Endangered Species Act, Section 711 of
 entering into contracts to conduct independent
PRIA 5 directs EPA to include as part of its registration
assessments of the workforce and processes used to
review measures to reduce the effects of such pesticides on
implement PRIA 5.
listed species or their critical habitats. In developing such
measures, EPA must take into account input by the U.S.
FIFRA Section 33 prohibits EPA from assessing
Departments of Agriculture, Commerce, and the Interior
registration service fees if the amount of annual
and the Council on Environmental Quality.
appropriations for specified functions conducted by the
EPA Office of Pesticide Programs (OPP) (excluding any
Jerry H. Yen, Analyst in Environmental Policy
fees appropriated) is less than $166.0 million. The amount
Angela C. Jones, Analyst in Environmental Policy
of annual appropriations for the specified functions are split
among program areas and activities within 3 of EPA’s 10
IF10424
appropriations accounts—Science and Technology,
Environmental Programs and Management, and State and

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The Pesticide Registration Improvement Act of 2022 (PRIA 5; Division HH, Title VI of P.L. 117-328): Authority to Collect
Fees

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