1
 See References in Text note below.
and
2
 So in original. The period probably should not appear.
of the total registration service fee payable under paragraph (3) for the application.
References in Text

The 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 section 501 of Pub. L. 108–199, which is the date that is 60 days after Jan. 23, 2004, unless otherwise provided, see section 501(h) of Pub. L. 108–199, set out as an Effective Date of 2004 Amendment note under section 136a of this title.

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b)(2)(B)(ii), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, 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 2 of Public Law 89–106, referred to in subsec. (b)(7)(E)(i), was formerly classified to secton 450i of this title prior to editorial reclassification and renumbering as section 3157 of this title.

The effective date of the Pesticide Registration Improvement Extension Act of 2018, referred to in subsecs. (e) and (f)(1), means the effective date of Pub. L. 116–8, which was approved Mar. 8, 2019.

The Chief Financial Officers Act of 1990, referred to in subsec. (h)(1)(A), is Pub. L. 101–576, Nov. 15, 1990, 104 Stat. 2838. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 501 of Title 31, Money and Finance, and Tables.

The Government Management Reform Act of 1994, referred to in subsec. (h)(1)(B), is Pub. L. 103–356, Oct. 13, 1994, 108 Stat. 3410, as amended. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 3301 of Title 31, Money and Finance, and Tables.

Prior Provisions

A prior section 33 of act June 25, 1947, ch. 125, was renumbered section 34 and is classified to section 136x of this title.

Amendments

2019—Subsec. (b)(2). Pub. L. 116–8, § 5(a)(1)(A), struck out “pesticide registration” after “Covered” in heading.

Subsec. (b)(2)(A). Pub. L. 116–8, § 5(a)(1)(B), inserted “or for any other action covered by a table specified in paragraph (3)” after “Pesticide Registration Improvement Act of 2003”.

Subsec. (b)(3). Pub. L. 116–8, § 6, amended par. (3) generally. Prior to amendment, par. (3) related to schedule of covered applications and registration service fees.

Subsec. (b)(5). Pub. L. 116–8, § 5(a)(2), substituted “covered applications” for “pesticide registration applications” in heading and “covered application” for “pesticide registration application” in two places in text.

Subsec. (b)(6)(A). Pub. L. 116–8, § 5(a)(3)(A), struck out “pesticide registration” after “Effective for a covered” and substituted “October 1, 2019, and ending on September 30, 2021” for “October 1, 2013, and ending on September 30, 2015”.

Subsec. (b)(6)(B). Pub. L. 116–8, § 5(a)(3)(B), struck out “pesticide registration” after “Effective for a covered” and substituted “2021” for “2015” in two places.

Subsec. (b)(6)(C). Pub. L. 116–8, § 5(a)(3)(C), substituted “service fee schedules revised pursuant to this paragraph” for “revised registration service fee schedules”.

Subsec. (b)(7)(A). Pub. L. 116–8, § 5(a)(4)(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)”.

Subsec. (b)(7)(F)(i). Pub. L. 116–8, § 5(a)(4)(B), struck out “pesticide registration” after “for a covered”.

Subsec. (b)(8)(A). Pub. L. 116–8, § 5(a)(5)(A), struck out “pesticide registration” after “a covered”.

Subsec. (b)(8)(B)(i). Pub. L. 116–8, § 5(a)(5)(B), struck out “pesticide registration” after “If a covered”.

Subsec. (b)(8)(C)(i). Pub. L. 116–8, § 5(a)(5)(C)(i), substituted “case of a covered” for “case of a pesticide registration”.

Subsec. (b)(8)(C)(ii)(I). Pub. L. 116–8, § 5(a)(5)(C)(ii), substituted “covered” for “pesticide registration”.

Subsec. (c)(3)(B). Pub. L. 116–8, § 5(b)(1), inserted “, partnership grants, and pesticide safety education” after “Worker protection” in heading.

Subsec. (c)(3)(B)(i). Pub. L. 116–8, § 5(b)(2), substituted “2023” for “2017” and inserted before period at end “, with an emphasis on field-worker populations in the United States”.

Subsec. (c)(3)(B)(ii). Pub. L. 116–8, § 5(b)(3), substituted “2023” for “2017”.

Subsec. (c)(3)(B)(iii). Pub. L. 116–8, § 5(b)(4), substituted “2023” for “2017”.

Subsec. (e). Pub. L. 116–8, § 5(c), 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.”

Subsec. (f)(1). Pub. L. 116–8, § 5(d)(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”.

Subsec. (f)(3)(C). Pub. L. 116–8, § 5(d)(2), 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.”

Subsec. (f)(4)(A). Pub. L. 116–8, § 5(d)(3), substituted “a covered application” for “a pesticide registration application” and “the covered application” for “the covered pesticide registration application”.

Subsec. (k)(1). Pub. L. 116–8, § 5(e)(1), substituted “2023” for “2017”.

Subsec. (k)(2)(D)(i). Pub. L. 116–8, § 5(e)(2)(A), added cl. (i) and struck out former cl. (i) which read as follows: “the number of pesticides or pesticide cases reviewed;”.

Subsec. (k)(2)(G)(i). Pub. L. 116–8, § 5(e)(2)(B)(i), substituted “paragraphs (4) and (5) of section 136a–1(k) of this title” for “section 136a–1(k)(4) of this title” and “such paragraphs” for “that section”.

Subsec. (k)(2)(G)(ii) to (vii). Pub. L. 116–8, § 5(e)(2)(B)(ii)–(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 December 31, 2013;

“(iii) implementing a system for tracking the status of conditional registrations, including making nonconfidential information related to the conditional registrations publicly available by December 31, 2013;

“(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 December 31, 2014; and”.

Subsec. (k)(2)(K) to (O). Pub. L. 116–8, § 5(e)(2)(C)–(E), added subpars. (K) to (O).

Subsec. (m)(1). Pub. L. 116–8, § 5(f)(1), substituted “2023” for “2017”.

Subsec. (m)(2)(A). Pub. L. 116–8, § 5(f)(2)(A), in heading, substituted “Fiscal year 2024” for “Fiscal year 2018” and in text, substituted “2024” for “2018” and “2023” for “2017”.

Subsec. (m)(2)(B). Pub. L. 116–8, § 5(f)(2)(B), in heading, substituted “Fiscal year 2025” for “Fiscal year 2019” and in text, substituted “2025” for “2019” and “2023” for “2017”.

Subsec. (m)(2)(C). Pub. L. 116–8, § 5(f)(2)(C), substituted “2025” for “2019” in heading and text.

Subsec. (m)(2)(D). Pub. L. 116–8, § 5(f)(2)(D), substituted “2023” for “2017” in cls. (i) and (ii).

2012—Subsec. (b)(3). Pub. L. 112–177, § 2(b)(1)(A), added par. (3) and struck out former par. (3) which related to schedule of covered applications and registration service fees.

Subsec. (b)(6)(A). Pub. L. 112–177, § 2(b)(1)(B)(i), substituted “October 1, 2013” for “October 1, 2008” and “September 30, 2015” for “September 30, 2010”.

Subsec. (b)(6)(B). Pub. L. 112–177, § 2(b)(1)(B)(ii), substituted “October 1, 2015” for “October 1, 2010” and “September 30, 2015” for “September 30, 2010”.

Subsec. (b)(7)(F)(i). Pub. L. 112–177, § 2(a)(2)(B)(i), substituted “section 136a–1 (i)(1)(E)(ii)” for “section 136a–1(i)(5)(E)(ii)”.

Subsec. (b)(7)(F)(ii). Pub. L. 112–177, § 2(a)(2)(B)(i), (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).

Subsec. (b)(7)(F)(iv)(I). Pub. L. 112–177, § 2(a)(2)(B)(i), substituted “section 136a–1 (i)(1)(E)(ii)” for “section 136a–1(i)(5)(E)(ii)”.

Subsec. (b)(7)(F)(iv)(II). Pub. L. 112–177, § 2(a)(2)(B)(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)”.

Subsec. (b)(8)(C)(ii)(III). Pub. L. 112–177, § 2(b)(1)(C), added subcl. (III).

Subsec. (c)(3)(B)(i). Pub. L. 112–177, § 2(b)(2)(A), substituted “2013 through 2017” for “2008 through 2012”.

Subsec. (c)(3)(B)(ii). Pub. L. 112–177, § 2(b)(2)(B), 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.”

Subsec. (c)(3)(B)(iii). Pub. L. 112–177, § 2(b)(2)(C), substituted “2013 through 2017” for “2008 through 2012”.

Subsec. (d)(2). Pub. L. 112–177, § 2(b)(3)(A), substituted “2012” for “2002” in two places.

Subsec. (d)(4), (5). Pub. L. 112–177, § 2(b)(3)(B), (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).”

Subsec. (e). Pub. L. 112–177, § 2(b)(4), substituted “Pesticide Registration Improvement Extension Act of 2012” for “Pesticide Registration Improvement Act of 2003”.

Subsec. (f)(1). Pub. L. 112–177, § 2(b)(5)(A), 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”.

Subsec. (f)(2). Pub. L. 112–177, § 2(b)(5)(B), substituted “provided under subsection (b)(3).” for “appearing in the Congressional Record on pages S10409 through S10411, dated July 31, 2007.”

Subsec. (f)(4)(A). Pub. L. 112–177, § 2(b)(5)(C)(i), inserted “and fee” before period at end.

Subsec. (f)(4)(B). Pub. L. 112–177, § 2(b)(5)(C)(ii)(I), substituted “Initial content and preliminary technical screenings” for “Completeness of application” in heading.

Subsec. (f)(4)(B)(i). Pub. L. 112–177, § 2(b)(5)(C)(ii)(I), (II), substituted “Screenings” for “In general” in cl. heading, designated existing provisions as subcl. (I) and inserted subcl. heading, and added subcl. (II).

Subsec. (f)(4)(B)(ii). Pub. L. 112–177, § 2(b)(5)(C)(ii)(III), 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.”

Subsec. (f)(4)(B)(iii). Pub. L. 112–177, § 2(b)(5)(C)(ii)(IV), inserted “initial content” before “screening” in heading, “content” before “screening” in introductory provisions, and substituted “appears to contain” for “contains” in subcl. (II).

Subsec. (f)(4)(B)(iv). Pub. L. 112–177, § 2(b)(5)(C)(ii)(V), added cl. (iv).

Subsec. (k)(1). Pub. L. 112–177, § 2(b)(6)(A), substituted “March 1, 2017” for “March 1, 2014”.

Subsec. (k)(2)(A)(viii). Pub. L. 112–177, § 2(b)(6)(B)(i), added cl. (viii).

Subsec. (k)(2)(G) to (J). Pub. L. 112–177, § 2(b)(6)(B)(ii)–(iv), added subpars. (G) to (J).

Subsec. (k)(4). Pub. L. 112–177, § 2(b)(6)(C), added par. (4).

Subsec. (m)(1). Pub. L. 112–177, § 2(b)(7)(A), substituted “2017” for “2012”.

Subsec. (m)(2)(A). Pub. L. 112–177, § 2(b)(7)(B)(i), substituted “2018” for “2013” in heading and “2018,” for “2013,” and “September 30, 2017” for “September 30, 2012” in text.

Subsec. (m)(2)(B). Pub. L. 112–177, § 2(b)(7)(B)(ii), substituted “2019” for “2014” in heading and “2019,” for “2014,” and “September 30, 2017” for “September 30, 2012” in text.

Subsec. (m)(2)(C). Pub. L. 112–177, § 2(b)(7)(B)(iii), substituted “2019” for “2014” in heading and “September 30, 2019” for “September 30, 2014” in text.

Subsec. (m)(2)(D). Pub. L. 112–177, § 2(b)(7)(B)(iv), substituted “2017” for “2012” in cls. (i) and (ii).

2008—Subsec. (b)(7)(D)(i). Pub. L. 110–193, § 1(a)(1)(A)(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.”

Subsec. (b)(7)(D)(ii). Pub. L. 110–193, § 1(a)(1)(A)(ii), inserted “or exemption” after “waiver”.

Subsec. (b)(7)(E). Pub. L. 110–193, § 1(a)(1)(B)(ii), 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.

Subsec. (b)(7)(E)(ii). Pub. L. 110–193, § 1(a)(1)(B)(iii), substituted “exemption” for “waiver”.

Subsec. (m)(2)(A), (B). Pub. L. 110–193, § 1(a)(2), substituted “2012” for “2008”.

2007—Subsec. (b)(2)(C)(ii). Pub. L. 110–94, § 5(a)(1), 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.”

Subsec. (b)(2)(D) to (H). Pub. L. 110–94, § 5(a)(2), added subpars. (D) to (H).

Subsec. (b)(3)(A). Pub. L. 110–94, § 5(b)(1)(A), substituted “Pesticide Registration Improvement Renewal Act” for “Pesticide Registration Improvement Act of 2003”.

Subsec. (b)(3)(B). Pub. L. 110–94, § 5(b)(1)(B), substituted “S10409 through S10411, dated July 31, 2007.” for “S11631 through S11633, dated September 17, 2003.”

Subsec. (b)(6). Pub. L. 110–94, § 5(b)(2), 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 October 1, 2005, 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.”

Subsec. (b)(7)(F)(ii). Pub. L. 110–94, § 5(c)(1), substituted “75 percent” for “all” in introductory provisions.

Subsec. (b)(7)(F)(iv)(II). Pub. L. 110–94, § 5(c)(2), substituted “75 percent of the applicable.” for “all”.

Subsec. (b)(8)(A). Pub. L. 110–94, § 5(d), substituted “25 percent.” for “10 percent”.

Subsec. (c)(1)(B). Pub. L. 110–94, § 5(e)(1), substituted “paragraph (5)” for “paragraph (4)”.

Subsec. (c)(3)(B). Pub. L. 110–94, § 5(e)(2)(A), 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 117 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.”

Subsec. (c)(3)(C). Pub. L. 110–94, § 5(e)(2)(B), struck out subpar. (C). Text read as follows: “For each of fiscal years 2004 and 2005, the Administrator shall use approximately 134 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.”

Subsec. (c)(5). Pub. L. 110–94, § 5(e)(3), 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).

Subsec. (d)(2). Pub. L. 110–94, § 5(f), 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.

Subsec. (f)(1). Pub. L. 110–94, § 5(g)(1), substituted “Pesticide Registration Improvement Renewal Act” for “Pesticide Registration Improvement Act of 2003”.

Subsec. (f)(2). Pub. L. 110–94, § 5(g)(2), substituted “S10409 through S10411, dated July 31, 2007.” for “S11631 through S11633, dated September 17, 2003.”

Subsec. (f)(4)(B). Pub. L. 110–94, § 5(g)(3), added subpar. (B) and struck out former subpar. (B) which provided criteria for determining completeness of pesticide registration applications.

Subsec. (k)(1). Pub. L. 110–94, § 5(h)(1), substituted “March 1, 2014” for “March 1, 2009”.

Subsec. (k)(2)(A)(ii) to (v). Pub. L. 110–94, § 5(h)(2)(A)(i), (ii), added cls. (ii) to (iv) and redesignated former cl. (ii) as (v). Former cls. (iii) and (iv) redesignated (vi) and (vii), respectively.

Subsec. (k)(2)(A)(vi). Pub. L. 110–94, § 5(h)(2)(A)(i), (iii), redesignated cl. (iii) as (vi) and added subcls. (IV) and (V).

Subsec. (k)(2)(A)(vii). Pub. L. 110–94, § 5(h)(2)(A)(i), redesignated cl. (iv) as (vii).

Subsec. (k)(2)(D) to (F). Pub. L. 110–94, § 5(h)(2)(B)–(D), added subpars. (D) to (F).

Subsec. (m)(1). Pub. L. 110–94, § 5(i)(1), substituted “2012” for “2008”.

Subsec. (m)(2)(A). Pub. L. 110–94, § 5(i)(2)(A), substituted “2013” for “2009” in heading and text.

Subsec. (m)(2)(B), (C). Pub. L. 110–94, § 5(i)(2)(B), substituted “2014” for “2010” in headings and text.

Subsec. (m)(2)(D). Pub. L. 110–94, § 5(i)(2)(C), substituted “2012” for “2008” in two places.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–177 effective Oct. 1, 2012, see section 2(c) of Pub. L. 112–177, set out as a note under section 136a–1 of this title.

Effective Date of 2008 Amendment

Pub. L. 110–193, § 1(b), Mar. 6, 2008, 122 Stat. 650, provided that: “The amendments made by subsection (a) [amending this section] take effect on October 1, 2007.”

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

Section 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 an Effective Date of 2004 Amendment note under section 136a of this title.

Extension of Limitations on Fee Amounts and Usage of Fees

Subsection (c)(3)(B) of this section to continue in effect through Sept. 30, 2018, see section 401(a) of Pub. L. 115–141, set out as a note under section 136a–1 of this title.

Pub. L. 115–141, div. M, title IV, § 401(b)(2), Mar. 23, 2018, 132 Stat. 1050, provided that: “Notwithstanding section 33(m)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(m)(2)), section 33(m)(1) of such Act (7 U.S.C. 136w–8(m)(1)) shall be applied by substituting ‘September 30, 2018’ for ‘September 30, 2017’.”