7 USC 136a-1 - Reregistration of registered pesticides

U.S Code last checked for updates: Nov 22, 2024

§ 136a–1.

Reregistration of registered pesticides

(a)

General rule

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—

(1)

there are no outstanding data requirements; and

(2)

the requirements of section 136a(c)(5) of this title have been satisfied.

(b)

Reregistration phases

Reregistrations of pesticides under this section shall be carried out in the following phases:

(1)

The first phase shall include the listing under subsection (c) of the active ingredients of the pesticides that will be reregistered.

(2)

The second phase shall include the submission to the Administrator under subsection (d) of notices by registrants respecting their intention to seek reregistration, identification by registrants of missing and inadequate data for such pesticides, and commitments by registrants to replace such missing or inadequate data within the applicable time period.

(3)

The third phase shall include submission to the Administrator by registrants of the information required under subsection (e).

(4)

The fourth phase shall include an independent, initial review by the Administrator under subsection (f) of submissions under phases two and three, identification of outstanding data requirements, and the issuance, as necessary, of requests for additional data.

(5)

The fifth phase shall include the review by the Administrator under subsection (g) of data submitted for reregistration and appropriate regulatory action by the Administrator.

(c)

Phase one

(1)

Priority for reregistration

(A)

are in use on or in food or feed and may result in postharvest residues;

(B)

may result in residues of potential toxicological concern in potable ground water, edible fish, or shellfish;

(C)

have been determined by the Administrator before the effective date of this section to have significant outstanding data requirements; or

(D)

are used on crops, including in greenhouses and nurseries, where worker exposure is most likely to occur.

(2)

Reregistration lists

For purposes of reregistration under this section, the Administrator shall by order—

(A)

not later than 70 days after the effective date of this section, list pesticide active ingredients for which registration standards have been issued before such effective date;

(B)

not later than 4 months after such effective date, list the first 150 pesticide active ingredients, as determined under paragraph (1);

(C)

not later than 7 months after such effective date, list the second 150 pesticide active ingredients, as determined under paragraph (1); and

(D)

not later than 10 months after such effective date, list the remainder of the pesticide active ingredients, as determined under paragraph (1).

Each list shall be published in the Federal Register.

(3)

Judicial review

(4)

Notice to registrants

(d)

Phase two

(1)

In general

(2)

Notice of intent to seek or not to seek reregistration

(A)

The registrant of a pesticide containing an active ingredient listed under subparagraph (B), (C), or (D) of subsection (c)(2) shall notify the Administrator by certified mail whether the registrant intends to seek or does not intend to seek reregistration of the pesticide.

(B)

If a registrant submits a notice under subparagraph (A) of an intention not to seek reregistration of a pesticide, the Administrator shall publish a notice in the Federal Register stating that such a notice has been submitted.

(3)

Missing or inadequate data

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—

(A)

in accordance with regulations issued by the Administrator under section 136a of this title, an identification of—

(i)

all data that are required by regulation to support the registration of the pesticide with respect to such active ingredient;

(ii)

data that were submitted by the registrant previously in support of the registration of the pesticide that are inadequate to meet such regulations; and

(iii)

data identified under clause (i) that have not been submitted to the Administrator; and

(B)

either—

(i)

a commitment to replace the data identified under subparagraph (A)(ii) and submit the data identified under subparagraph (A)(iii) within the applicable time period prescribed by paragraph (4)(B); or

(ii)

an offer to share in the cost to be incurred by a person who has made a commitment under clause (i) to replace or submit the data and an offer to submit to arbitration as described by section 136a(c)(2)(B) of this title with regard to such cost sharing.

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.

(4)

Time periods

(A)

A submission under paragraph (2) or (3) shall be made—

(i)

in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(B), not later than 3 months after the date of publication of the listing of such active ingredient;

(ii)

in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(C), not later than 3 months after the date of publication of the listing of such active ingredient; and

(iii)

in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(D), not later than 3 months after the date of publication of the listing of such active ingredient.

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.

(B)

A registrant shall submit data in accordance with a commitment entered into under paragraph (3)(B) within a reasonable period of time, as determined by the Administrator, but not more than 48 months after the date the registrant submitted the commitment. The Administrator, on application of a registrant, may extend the period prescribed by the preceding sentence by no more than 2 years if extraordinary circumstances beyond the control of the registrant prevent the registrant from submitting data within such prescribed period. Upon application of a registrant, the Administrator shall, in the case of a minor use, extend the deadline for the production of residue chemistry data under this subparagraph for data required solely to support that minor use until the final deadline for submission of data under this section for the other uses of the pesticide established as of August 3, 1996, if—

(i)

the data to support other uses of the pesticide on a food are being provided;

(ii)

the registrant, in submitting a request for such an extension provides a schedule, including interim dates to measure progress, to assure that the data production will be completed before the expiration of the extension period;

(iii)

the Administrator has determined that such extension will not significantly delay the Administrator’s schedule for issuing a reregistration eligibility determination required under this section; and

(iv)

the Administrator has determined that based on existing data, such extension would not significantly increase the risk of any unreasonable adverse effect on the environment. If the Administrator grants an extension under this subparagraph, the Administrator shall monitor the development of the data and shall ensure that the registrant is meeting the schedule for the production of the 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 clause (iv) of section 136a(c)(2)(B) of this title or other provisions of this section, as appropriate, regarding the continued registration of the affected products with the minor use and shall inform the public of such action. Notwithstanding the provisions of this subparagraph, the Administrator may take action to modify or revoke the extension under this subparagraph if the Administrator determines that the extension for the minor use may cause an unreasonable adverse effect on the environment. In such circumstance, the Administrator shall provide written notice to the registrant revoking the extension of time for submission of data. Such data shall instead be due in accordance with the date then established by the Administrator for submission of the data.

(5)

Cancellation and removal

(A)

If the registrant of a pesticide does not submit a notice under paragraph (2) or (3) within the time prescribed by paragraph (4)(A), the Administrator shall issue a notice of intent to cancel the registration of such registrant for such pesticide and shall publish the notice in the Federal Register and allow 60 days for the submission of comments on the notice. On expiration of such 60 days, the Administrator, by order and without a hearing, may cancel the registration or take such other action, including extension of applicable time periods, as may be necessary to enable reregistration of such pesticide by another person.

(B)

(i)

If—

(I)

no registrant of a pesticide containing an active ingredient listed under subsection (c)(2) notifies the Administrator under paragraph (2) that the registrant intends to seek reregistration of any pesticide containing that active ingredient;

(II)

no such registrant complies with paragraph (3)(A); or

(III)

no such registrant makes a commitment under paragraph (3)(B) to replace or submit all data described in clauses (ii) and (iii) of paragraph (3)(A);

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.

(ii)

After the 60-day period has expired, the Administrator, by order, may cancel any such registration without hearing, except that the Administrator shall not cancel a registration under this subparagraph if—

(I)

during the comment period a person acquires the rights of the registrant in that registration;

(II)

during the comment period that person furnishes a notice of intent to reregister the pesticide in accordance with paragraph (2); and

(III)

not later than 120 days after the publication of the notice under this subparagraph, that person has complied with paragraph (3) and the fee prescribed by this section has been paid.

(6)

Suspensions and penalties

(e)

Phase three

(1)

Information about studies

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)

a summary of each study concerning the active ingredient previously submitted by the registrant in support of the registration of a pesticide containing such active ingredient and considered by the registrant to be adequate to meet the requirements of section 136a of this title and the regulations issued under such section;

(B)

a summary of each study concerning the active ingredient previously submitted by the registrant in support of the registration of a pesticide containing such active ingredient that may not comply with the requirements of section 136a of this title and the regulations issued under such section but which the registrant asserts should be deemed to comply with such requirements and regulations;

(C)

a reformat of the data from each study summarized under subparagraph (A) or (B) by the registrant concerning chronic dosing, oncogenicity, reproductive effects, mutagenicity, neurotoxicity, teratogenicity, or residue chemistry of the active ingredient that were submitted to the Administrator before January 1, 1982;

(D)

where data described in subparagraph (C) are not required for the active ingredient by regulations issued under section 136a of this title, a reformat of acute and subchronic dosing data submitted by the registrant to the Administrator before January 1, 1982, that the registrant considers to be adequate to meet the requirements of section 136a of this title and the regulations issued under such section;

(E)

an identification of data that are required to be submitted to the Administrator under section 136d(a)(2) of this title, indicating an adverse effect of the pesticide;

(F)

an identification of any other information available that in the view of the registrant supports the registration;

(G)

a certification that the registrant or the Administrator possesses or has access to the raw data used in or generated by the studies that the registrant summarized under subparagraph (A) or (B);

(H)

either—

(i)

a commitment to submit data to fill each outstanding data requirement identified by the registrant; or

(ii)

an offer to share in the cost of developing such data to be incurred by a person who has made a commitment under clause (i) to submit such data, and an offer to submit to arbitration as described by section 136a(c)(2)(B) of this title with regard to such cost sharing; and

(I)

evidence of compliance with section 136a(c)(1)(D)(ii) 1

 See References in Text note below.

of this title and regulations issued thereunder with regard to previously submitted data as if the registrant were now seeking the original registration of the pesticide.

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.

(2)

Time periods

(A)

The information required by paragraph (1) shall be submitted to the Administrator—

(i)

in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(B), not later than 12 months after the date of publication of the listing of such active ingredient;

(ii)

in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(C), not later than 12 months after the date of publication of the listing of such active ingredient; and

(iii)

in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(D), not later than 12 months after the date of publication of the listing of such active ingredient.

(B)

A registrant shall submit data in accordance with a commitment entered into under paragraph (1)(H) within a reasonable period of time, as determined by the Administrator, but not more than 48 months after the date the registrant submitted the commitment under such paragraph. The Administrator, on application of a registrant, may extend the period prescribed by the preceding sentence by no more than 2 years if extraordinary circumstances beyond the control of the registrant prevent the registrant from submitting data within such prescribed period. Upon application of a registrant, the Administrator shall, in the case of a minor use, extend the deadline for the production of residue chemistry data under this subparagraph for data required solely to support that minor use until the final deadline for submission of data under this section for the other uses of the pesticide established as of

(i)

the data to support other uses of the pesticide on a food are being provided;

(ii)

(iii)

(iv)

(3)

Cancellation

(A)

If the registrant of a pesticide fails to submit the information required by paragraph (1) within the time prescribed by paragraph (2), the Administrator, by order and without hearing, shall cancel the registration of such pesticide. 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 subparagraph 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 subparagraph unless the Administrator determines that the absence of the data is significant enough to cause human health or environmental concerns. On the basis of such 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 subparagraph, 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 subparagraph 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.

(B)

(i)

If the registrant of a pesticide submits the information required by paragraph (1) within the time prescribed by paragraph (2) and such information does not conform to the guidelines for submissions established by the Administrator, the Administrator shall determine whether the registrant made a good faith attempt to conform its submission to such guidelines.

(ii)

If the Administrator determines that the registrant made a good faith attempt to conform its submission to such guidelines, the Administrator shall provide the registrant a reasonable period of time to make any necessary changes or corrections.

(iii)

(I)

If the Administrator determines that the registrant did not make a good faith attempt to conform its submission to such guidelines, the Administrator may issue a notice of intent to cancel the registration. Such a notice shall be sent to the registrant by certified mail.

(II)

The registration shall be canceled without a hearing or further notice at the end of 30 days after receipt by the registrant of the notice unless during that time a request for a hearing is made by the registrant.

(III)

If a hearing is requested, a hearing shall be conducted under section 136d(d) of this title, except that the only matter for resolution at the hearing shall be whether the registrant made a good faith attempt to conform its submission to such guidelines. The hearing shall be held and a determination made within 75 days after receipt of a request for hearing.

(4)

Guidelines

(A)

Not later than 1 year after the effective date of this section, the Administrator, by order, shall issue guidelines to be followed by registrants in—

(i)

summarizing studies;

(ii)

reformatting studies;

(iii)

identifying adverse information; and

(iv)

identifying studies that have been submitted previously that may not meet the requirements of section 136a of this title or regulations issued under such section,

under paragraph (1).

(B)

Guidelines issued under subparagraph (A) shall not be subject to judicial review.

(5)

Monitoring

(f)

Phase four

(1)

Independent review and identification of outstanding data requirements

(A)

The Administrator shall review the submissions of all registrants of pesticides containing a particular active ingredient under subsections (d)(3) and (e)(1) to determine if such submissions identified all the data that are missing or inadequate for such active ingredient. To assist the review of the Administrator under this subparagraph, the Administrator may require a registrant seeking reregistration to submit complete copies of studies summarized under subsection (e)(1).

(B)

The Administrator shall independently identify and publish in the Federal Register the outstanding data requirements for each active ingredient that is listed under subparagraph (B), (C), or (D) of subsection (c)(2) and that is contained in a pesticide to be reregistered under this section. The Administrator, at the same time, shall issue a notice under section 136a(c)(2)(B) of this title for the submission of the additional data that are required to meet such requirements.

(2)

Time periods

(A)

The Administrator shall take the action required by paragraph (1)—

(i)

in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(B), not later than 18 months after the date of the listing of such active ingredient;

(ii)

in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(C), not later than 24 months after the date of the listing of such active ingredient; and

(iii)

in the case of a pesticide containing an active ingredient listed under subsection (c)(2)(D), not later than 33 months after the date of the listing of such active ingredient.

(B)

If the Administrator issues a notice to a registrant under paragraph (1)(B) for the submission of additional data, the registrant shall submit such data within a reasonable period of time, as determined by the Administrator, but not to exceed 48 months after the issuance of such notice. The Administrator, on application of a registrant, may extend the period prescribed by the preceding sentence by no more than 2 years if extraordinary circumstances beyond the control of the registrant prevent the registrant from submitting data within such prescribed period. Upon application of a registrant, the Administrator shall, in the case of a minor use, extend the deadline for the production of residue chemistry data under this subparagraph for data required solely to support that minor use until the final deadline for submission of data under this section for the other uses of the pesticide established as of August 3, 1996, if—

(i)

the data to support other uses of the pesticide on a food are being provided;

(ii)

(iii)

(iv)

(3)

Suspensions and penalties

(g)

Phase five

(1)

Data review

(2)

Reregistration and other actions

(A)

In general.—

The Administrator shall make a determination as to eligibility for reregistration—

(i)

for all active ingredients subject to reregistration under this section for which tolerances or exemptions from tolerances are required under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), not later than the last date for tolerance reassessment established under section 408(q)(1)(C) of that Act (21 U.S.C. 346a(q)(1)(C)); and

(ii)

for all other active ingredients subject to reregistration under this section, not later than October 3, 2008.

(B)

Product-specific data.—

(i)

In general.—

Before reregistering a pesticide, the Administrator shall obtain any needed product-specific data regarding the pesticide by use of section 136a(c)(2)(B) of this title and shall review such data within 90 days after its submission.

(ii)

Timing.—

(I)

In general.—

Subject to subclause (II), the Administrator shall require that data under this subparagraph be submitted to the Administrator not later than 8 months after a determination of eligibility under subparagraph (A) has been made for each active ingredient of the pesticide, unless the Administrator determines that a longer period is required for the generation of the data.

(II)

Extraordinary circumstances.—

In the case of extraordinary circumstances, the Administrator may provide such a longer period, of not more than 2 additional years, for submission of data to the Administrator under this subparagraph.

(C)

After conducting the review required by paragraph (1) for each active ingredient of a pesticide and the review required by subparagraph (B) of this paragraph, the Administrator shall determine whether to reregister a pesticide by determining whether such pesticide meets the requirements of section 136a(c)(5) of this title. If the Administrator determines that a pesticide is eligible to be reregistered, the Administrator shall reregister such pesticide within 6 months after the submission of the data concerning such pesticide under subparagraph (B).

(D)

Determination to not reregister.—

(i)

In general.—

If after conducting a review under paragraph (1) or subparagraph (B) of this paragraph the Administrator determines that a pesticide should not be reregistered, the Administrator shall take appropriate regulatory action.

(ii)

Timing for regulatory action.—

Regulatory action under clause (i) shall be completed as expeditiously as possible.

(E)

As soon as the Administrator has sufficient information with respect to the dietary risk of a particular active ingredient, but in any event no later than the time the Administrator makes a determination under subparagraph (C) or (D) with respect to pesticides containing a particular active ingredient, the Administrator shall—

(i)

reassess each associated tolerance and exemption from the requirement for a tolerance issued under section 408 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a);

(ii)

determine whether such tolerance or exemption meets the requirements of that Act [21 U.S.C. 301 et seq.];

(iii)

determine whether additional tolerances or exemptions should be issued;

(iv)

publish in the Federal Register a notice setting forth the determinations made under this subparagraph; and

(v)

commence promptly such proceedings under this subchapter and section 408 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 346a] as are warranted by such determinations.

(h)

Compensation of data submitter

(i)

Fees

(1)

Maintenance fee

(A)

In general.—

Subject to other provisions of this paragraph, each registrant of a pesticide shall pay an annual fee by January 15 of each year for each registration, except that no fee shall be charged for more than 200 registrations held by any registrant.

(B)

In the case of a pesticide that is registered for a minor agricultural use, the Administrator may reduce or waive the payment of the fee imposed under this paragraph if the Administrator determines that the fee would significantly reduce the availability of the pesticide for the use.

(C)

Total amount of fees.—

The amount of each fee prescribed under subparagraph (A) shall be adjusted by the Administrator to a level that will result in the collection under this paragraph of, to the extent practicable, an average amount of $31,000,000 for each of fiscal years 2019 through 2022, and $42,000,000 for each of fiscal years 2023 through 2027.

(D)

Maximum amount of fees for registrants.—

The maximum annual fee payable under this paragraph by—

(i)

a registrant holding not more than 50 pesticide registrations shall be $129,400 for each of fiscal years 2019 through 2022, and $172,000 for each of fiscal years 2023 through 2027; and

(ii)

a registrant holding over 50 registrations shall be $207,000 for each of fiscal years 2019 through 2022, and $277,200 for each of fiscal years 2023 through 2027.

(E)

Maximum amount of fees for small businesses.—

(i)

In general.—

For a small business, the maximum annual fee payable under this paragraph by—

(I)

a registrant holding not more than 50 pesticide registrations shall be $79,100 for each of fiscal years 2019 through 2022, and $105,000 for each of fiscal years 2023 through 2027; and

(II)

a registrant holding over 50 pesticide registrations shall be $136,800 for each of fiscal years 2019 through 2022, and $184,800 for each of fiscal years 2023 through 2027.

(ii)

Definition of small business.—

(I)

In general.—

In clause (i), the term “small business” means a corporation, partnership, or unincorporated business that—

(aa)

has 500 or fewer employees; and

(bb)

during the 3-year period prior to the most recent maintenance fee billing cycle, had an average annual global gross revenue from pesticides that did not exceed $60,000,000.

(II)

Affiliates.—

(aa)

In general.—

In the case of a business entity with 1 or more affiliates, the gross revenue limit under subclause (I)(bb) shall apply to the gross revenue for the entity and all of the affiliates of the entity, including parents and subsidiaries, if applicable.

(bb)

Affiliated persons.—

For the purpose of item (aa), persons are affiliates of each other if, directly or indirectly, either person controls or has the power to control the other person, or a third person controls or has the power to control both persons.

(cc)

Indicia of control.—

For the purpose of item (aa), indicia of control include interlocking management or ownership, identity of interests among family members, shared facilities and equipment, and common use of employees.

(F)

Fee reduction for certain small businesses.—

(i)

Definition.—

In this subparagraph, the term “qualified small business entity” means a corporation, partnership, or unincorporated business that—

(I)

has 500 or fewer employees;

(II)

during the 3-year period prior to the most recent maintenance fee billing cycle, had an average annual global gross revenue from all sources that did not exceed $10,000,000; and

(III)

holds not more than 5 pesticide registrations under this paragraph.

(ii)

Waiver.—

Except as provided in clause (iii), the Administrator shall waive 25 percent of the fee under this paragraph applicable to the first registration of any qualified small business entity under this paragraph.

(iii)

Limitation.—

The Administrator shall not grant a waiver under clause (ii) to a qualified small business entity if the Administrator determines that the entity has been formed or manipulated primarily for the purpose of qualifying for the waiver.

(G)

Farm worker training and education grants.—

(i)

Set-aside.—

In addition to amounts otherwise available, for fiscal years 2023 through 2027, the Administrator shall use not more than $7,500,000 of the amounts collected under this paragraph to provide grants to organizations described in clause (ii) for purposes of facilitating—

(I)

training of farm workers;

(II)

education of farm workers with respect to—

(aa)

rights of farm workers relating to pesticide safety; and

(bb)

the worker protection standard under part 170 of title 40, Code of Federal Regulations (or successor regulations);

(III)

the development of new informational materials;

(IV)

the development of training modules; and

(V)

the development of innovative methods of delivery of such informational materials and training modules.

(ii)

Eligibility.—

To be eligible to receive a grant under this subparagraph, an organization shall have demonstrated experience in—

(I)

providing training and education services for farm workers or handlers of pesticides; or

(II)

developing informational materials for farm workers or handlers of pesticides.

(iii)

Community-based organizations.—

(I)

Community-based non-profit farm worker organization grants.—

The Administrator shall use funds available under clause (i) to provide grants to community-based non-profit farm worker organizations.

(II)

Application of funds.—

The Administrator shall apply the unspent balance of funds available (up to $1,800,000) under clause (i) in fiscal years 2025 through 2027 to carry out subclause (I).

(iv)

Interim funding.—

In addition to amounts otherwise available, the Administrator may use not more than $1,200,000 in fiscal years 2023 and 2024 to fund existing cooperative agreements that were authorized under section 136w–8(c)(3)(B) of this title, as such section was in effect as of March 8, 2019.

(v)

Partnerships.—

Organizations described in clause (ii) may apply for a grant under this subparagraph as a partnership with another organization, provided such organizations, at the time of application, have entered into an agreement designating—

(I)

a member of the partnership that will enter into the assistance agreement with the Environmental Protection Agency for the purposes of accountability for the proper expenditure of Federal funds;

(II)

performance of the assistance agreement;

(III)

liability for claims for recovery of unallowable costs incurred under the agreement; and

(IV)

specifying roles in performing the proposed scope of work for the assistance agreement.

(H)

Health care provider training.—

(i)

Set-aside.—

In addition to other amounts available, for the period of fiscal years 2023 through 2027, the Administrator shall use not more than $2,500,000 of the amounts collected under this paragraph to provide grants to nonprofit organizations described in clause (ii) for purposes of facilitating—

(I)

technical assistance and training of health care providers relating to the recognition, treatment, and management of pesticide-related injuries and illnesses;

(II)

the development of informational materials for technical assistance and training described in subclause (I); and

(III)

the development of outreach and delivery methods relating to the recognition, treatment, and management of pesticide-related illnesses.

(ii)

Eligibility.—

To be eligible to receive a grant under this subparagraph, a nonprofit organization shall have demonstrated experience in providing technical assistance and training to health care providers who serve farm worker populations.

(iii)

Partnerships.—

(I)

a member of the partnership that will enter into the assistance agreement with the Environmental Protection Agency for the purposes of accountability for the proper expenditure of Federal funds;

(II)

performance of the assistance agreement;

(III)

liability for claims for recovery of unallowable costs incurred under the agreement; and

(IV)

roles in performing the proposed scope of work for the assistance agreement.

(I)

Partnership grants.—

In addition to funds otherwise available, for each of fiscal years 2023 through 2027, the Administrator shall use not more than $500,000 of the amounts collected under this paragraph for partnership grants.

(J)

Pesticide safety education program.—

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 collected under this paragraph to carry out the pesticide safety education program.

(K)

Technical assistance to grantees.—

(i)

Set-aside.—

In addition to other amounts available, for fiscal years 2023 through 2027, the Administrator shall use not more than $1,750,000 of the amounts collected under this paragraph to provide grants to nonprofit organizations, subject to such conditions as the Administrator establishes to prevent conflicts of interest, to provide easily accessible technical assistance to grantees receiving, and potential grantees applying for, grants under subparagraphs (G) and (H).

(ii)

Considerations.—

In evaluating requests for grants under this subparagraph, the Administrator shall consider, at a minimum, the extent to which—

(I)

the organization applying for the grant has experience providing technical assistance to farm worker or clinician-training organizations; and

(II)

the proposed project would make specific technical assistance available to organizations seeking information and assistance concerning—

(aa)

the grant application process;

(bb)

the drafting of grant applications; and

(cc)

compliance with grant management and reporting requirements.

(iii)

No suitable organization.—

If no suitable organization requests a grant under this subparagraph, the Administrator shall provide technical assistance described in clause (i) using the amounts made available by that clause.

(iv)

Stakeholder input.—

In formulating requests for proposals for grants under subparagraphs (G) and (H) for a fiscal year, the Administrator shall solicit and consider, in an open and transparent manner that does not provide a competitive advantage to any person or persons, input from persons who conduct farm worker education and training, or technical assistance and training of clinicians, regarding the request for proposals.

(L)

The Administrator shall exempt any public health pesticide from the payment of the fee prescribed under this paragraph if, in consultation with the Secretary of Health and Human Services, the Administrator determines, based on information supplied by the registrant, that the economic return to the registrant from sales of the pesticide does not support the registration or reregistration of the pesticide.

(M)

If any fee prescribed by this paragraph with respect to the registration of a pesticide is not paid by a registrant by the time prescribed, the Administrator, by order and without hearing, may cancel the registration.

(N)

The authority provided under this paragraph shall terminate on September 30, 2027.

(2)

Other fees

(j)

Exemption of certain registrants

(k)

Reregistration and expedited processing fund

(1)

Establishment

(2)

Source and use

(A)

All moneys derived from fees collected by the Administrator under subsection (i) shall be deposited in the Reregistration and Expedited Processing Fund and shall be available to the Administrator, without fiscal year limitation, 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, specifically to offset the costs of reregistration and expedited processing of the applications specified in 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. The Administrator shall, prior to expending any such moneys derived from fees—

(i)

effective October 1, 1997, adopt specific and cost accounting rules and procedures as approved by the Government Accountability Office and the Inspector General of the Environmental Protection Agency to ensure that moneys derived from fees are allocated solely for the purposes specified in the first sentence of this subparagraph;

(ii)

prohibit the use of such moneys derived from fees to pay for any costs other than those necessary to achieve the purposes specified in the first sentence of this subparagraph; and

(iii)

ensure that personnel and facility costs associated with the functions to be carried out under this paragraph do not exceed agency averages for comparable personnel and facility costs.

(B)

The Administrator shall also—

(i)

complete the review of unreviewed reregistration studies required to support the reregistration eligibility decisions scheduled for completion in accordance with subsection (l)(2); and

(ii)

contract for such outside assistance as may be necessary for review of required studies, using a generally accepted competitive process for the selection of vendors of such assistance.

(3)

Review of registrant submissions not covered by section 136w–8(b)(3)(B) of this title

(A)

Definition of submission not covered by

(B)

Set-aside

(i)

In general

(ii)

Activities

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—

(I)

the notice of the Administrator entitled “Pesticide Registration Notice (PR) 98–10: Notifications, Non-Notifications and Minor Formulation Amendments” and dated October 22, 1998 (and any successor amendments to such notice); and

(II)

subsections (c)(3)(B) and (h) of section 136a of this title.

(4)

Development of public health performance standards for antimicrobial pesticide devices

(A)

Set-aside

(B)

Antimicrobial pesticide devices

(5)

Good laboratory practices inspections

(A)

Set-aside

(B)

Activities

(6)

Agency training and staff

(A)

Set-aside

(B)

Activities

The Administrator shall use amounts made available under subparagraph (A) to carry out the following activities:

(i)

Training for agency employees

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—

(I)

for improving the scientific, technical, and administrative skills of officers and employees authorized to administer programs under this subchapter;

(II)

to align competencies identified by the Administrator for mission accomplishment;

(III)

for addressing best practices for operational performance and improvement;

(IV)

for improving administrative processes and procedures and addressing efficiency issues;

(V)

to promote consistent regulatory decision-making; and

(VI)

for educating registrants and regulated stakeholders on regulatory procedures.

(ii)

Agreements with institutions of higher education

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:

(I)

Non-land-grant colleges of agriculture (as defined in section 3103 of this title).

(II)

Land-grant colleges and universities (as defined in section 3103 of this title).

(III)

1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)).

(7)

Vector expedited review vouchers

(A)

Set-aside

(B)

Vector Expedited Review Voucher program

(i)

Definitions

In this subparagraph:

(I)

Program

(II)

Voucher

The term “voucher” means a voucher—

(aa)

issued under the program by the Administrator to a pesticide registration applicant that entitles the holder to an expedited review described under clause (vi) of a single different pesticide registration action; and

(bb)

the entitlement to which may be transferred (including by sale) by the holder of the voucher, without limitation on the number of times the voucher may be transferred, before the voucher is redeemed.

(ii)

Establishment

(iii)

Purpose

(iv)

Issuance of vouchers

(I)

In general

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—

(aa)

demonstrates a proven efficacy against pyrethroid or other insecticide-resistant mosquitoes;

(bb)

prevents, mitigates, destroys, or repels pyrethroid or other insecticide-resistant mosquitoes, with a novel or unique mechanism or mode of action, different from other insecticides already registered by the Administrator for mosquito control;

(cc)

targets mosquitoes capable of spreading such diseases as Malaria, Dengue, Zika, Chikungunya, St. Louis encephalitis, Eastern encephalitis, Western encephalitis, West Nile encephalitis, Cache Valley encephalitis, LaCrosse encephalitis, and Yellow Fever;

(dd)

the registrant has submitted a global access plan that will be made publicly available for the active ingredient and that includes—

(AA)

manufacturing locations, including any licensed third-party manufacturers;

(BB)

distribution and procurement processes for malaria vector control programs in selected countries; and

(CC)

the prices for common quantities of the product;

(ee)

meets the appropriate guidelines as being effective in the primary vector control intervention areas, including insecticide-treated nets and indoor residual spray;

(ff)

is made accessible for use in—

(AA)

the United States, including territories or possessions of the United States; and

(BB)

countries where mosquito-borne diseases, such as malaria, are prevalent;

(gg)

meets registration requirements for human health and environmental effects, labeling, and presents no unreasonable adverse effects to the environment;

(hh)

broadens the adoption of integrated pest management strategies, such as insecticide resistance management, or makes those strategies more effective;

(ii)

is not contained in any pesticide product registered by the Administrator as of December 29, 2022; or

(jj)

does not contain as attested to by the registrant, an active ingredient approved in the 2-year period preceding the date of registration by any global stringent regulatory authority for the same uses, vectors, and applications.

(II)

Mosquito vector priority

(III)

Exception

(IV)

Eligibility criteria modifications

(aa)

In general

Beginning in fiscal year 2028, the Administrator shall review the program and recommend—

(AA)

modifications to the requirements described in subclause (I); and

(BB)

additional vectors to be included in the program, prioritizing vectors that pose the most significant population health risks.

(bb)

Public involvement

(v)

Redemption of vouchers

To redeem a voucher, the holder shall—

(I)

notify the Administrator of the intent of the holder to submit a pesticide application with a voucher for expedited review not less than 90 days before the submission of the application; and

(II)

pay the applicable registration service fee under section 136w–8(b) of this title.

(vi)

Expedited review

On redemption of a voucher, in furtherance of the purpose described in clause (iii), the Administrator shall expedite decision review times as follows:

(I)

6 months less than the decision review time for Category R010, New Active Ingredient, Food use.

(II)

6 months less than the decision review time for Category R020, New Active Ingredient, Food use; reduced risk.

(III)

6 months less than the decision review time for Category R060, New Active Ingredient, Non-food use; outdoor.

(IV)

6 months less than the decision review time for Category R110, New Active Ingredient, Non-food use; indoor.

(V)

4 months less than the decision review time for Category R070, New Active Ingredient, Non-food use; outdoor; reduced risk.

(VI)

2 months less than the decision review time for Category R120, New Active Ingredient, Non-food use; indoor; reduced risk.

(vii)

Reports

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—

(I)

the number of submissions seeking a voucher;

(II)

the total time in review for each such submission;

(III)

the number of such vouchers awarded;

(IV)

the number of such vouchers redeemed; and

(V)

with respect to each such redeemed voucher—

(aa)

the decision review time for the pesticide application for which the voucher was redeemed; and

(bb)

the average standard decision review time for the applicable pesticide category.

(C)

Unused amounts

(8)

Pesticide surveillance program

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—

(A)

with a goal of increasing the number of participating States, prioritizing expansion in States with the highest numbers of agricultural workers; and

(B)

to improve reporting by participating States.

(9)

Unused funds

Money in the fund not currently needed to carry out this section shall be—

(A)

maintained on hand or on deposit;

(B)

invested in obligations of the United States or guaranteed thereby; or

(C)

invested in obligations, participations, or other instruments that are lawful investments for fiduciary, trust, or public funds.

(10)

Accounting and performance

(l)

Performance measures and goals

The Administrator shall establish and publish annually in the Federal Register performance measures and goals. Such measures and goals shall include—

(1)

the number of products reregistered, canceled, or amended, the status of reregistration, the number and type of data requests under section 136a(c)(2)(B) of this title issued to support product reregistration by active ingredient, the progress in reducing the number of unreviewed, required reregistration studies, the aggregate status of tolerances reassessed, and the number of applications for registration submitted under subsection (k)(3) that were approved or disapproved;

(2)

the future schedule for reregistrations, including the projection for such schedules that will be issued under subsection (g)(2)(A) and (B) in the current fiscal year and the succeeding fiscal year; and

(3)

the projected year of completion of the reregistrations under this section.

(m)

Judicial review

(n)

Authorization of funds to develop public health data

(1)

“Secretary” defined

(2)

Consultation

(3)

Benefits to support family

(4)

Additional time

(5)

Arrangements

(6)

Support

(7)

Authorization of appropriations

(June 25, 1947, ch. 125, § 4, formerly § 3A, as added and renumbered § 4, Pub. L. 100–532, title I, § 102(a), title VIII, § 801(q)(2)(A), Oct. 25, 1988, 102 Stat. 2655, 2683; amended Pub. L. 101–624, title XIV, § 1493, Nov. 28, 1990, 104 Stat. 3628; Pub. L. 102–237, title X, § 1006(a)(4), (e), (f), Dec. 13, 1991, 105 Stat. 1895–1897; Pub. L. 104–170, title I, § 103, title II, §§ 210(c)(2), (f)(1), 232, 237, title V, § 501, Aug. 3, 1996, 110 Stat. 1490, 1496, 1498, 1508, 1509, 1536; Pub. L. 107–73, title III, [(1)–(4)], Nov. 26, 2001, 115 Stat. 686; Pub. L. 108–7, div. K, title III, [(1)–(4)], Feb. 20, 2003, 117 Stat. 513; Pub. L. 108–199, div. G, title V, § 501(c), (d)(1), (e), Jan. 23, 2004, 118 Stat. 419, 422; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–94, § 4(a)–(d)(1), (e), Oct. 9, 2007, 121 Stat. 1001, 1002; Pub. L. 112–177, § 2(a)(1), (2)(A), (4), Sept. 28, 2012, 126 Stat. 1327, 1329; Pub. L. 116–8, §§ 2(a), (b), 3, Mar. 8, 2019, 133 Stat. 484, 485; Pub. L. 117–328, div. HH, title VI, §§ 703(a), 704, Dec. 29, 2022, 136 Stat. 5999, 6002.)

cite as: 7 USC 136a-1