PUBLIC LAW 110–94—OCT. 9, 2007 

PESTICIDE REGISTRATION IMPROVEMENT 

RENEWAL ACT 


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121 STAT. 1000 PUBLIC LAW 110–94—OCT. 9, 2007 

Public Law 110–94 

110th Congress 

An Act 

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to renew and 

amend the provisions for the enhanced review of covered pesticide products, 

to authorize fees for certain pesticide products, to extend and improve the collection 

of maintenance fees, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Pesticide Registration Improvement Renewal Act’’. 

SEC. 2. REVIEW OF APPLICATIONS. 

Section 3(c)(3)(B)(ii) of the Federal Insecticide, Fungicide, and 

Rodenticide Act (7 U.S.C. 136a(c)(3)(B)(ii)) is amended— 

(1) in subparagraph (I), by striking ‘‘within 45 days’’ and 

all that follows through ‘‘and,’’ and inserting ‘‘review the 

application in accordance with section 33(f)(4)(B) and,’’; and 

(2) in subparagraph (II), by striking ‘‘within’’ and inserting 

‘‘not later than the applicable decision review time established 

pursuant to section 33(f)(4)(B), or, if no review time is established, not later than’’. 

SEC. 3. REGISTRATION REVIEW. 

Section 3(g)(1) of the Federal Insecticide, Fungicide, and 

Rodenticide Act (7 U.S.C. 136a(g)(1)) is amended— 

(1) in subparagraph (A)— 

(A) in the first sentence, by striking ‘‘The registrations’’ 

and inserting the following: 

‘‘(i) IN GENERAL.—The registrations’’; 

(B) in the second sentence, by striking ‘‘The Administrator’’ and inserting the following: 

‘‘(ii) REGULATIONS.—In accordance with this subparagraph, the Administrator’’; and 

(C) by striking ‘‘The goal’’ and all that follows through 

‘‘No registration’’ and inserting the following: 

‘‘(iii) INITIAL REGISTRATION REVIEW.—The Administrator shall complete the registration review of each pesticide or pesticide case, which may be composed of 1 or 

more active ingredients and the products associated with 

the active ingredients, not later than the later of— 

‘‘(I) October 1, 2022; or 

‘‘(II) the date that is 15 years after the date on 

which the first pesticide containing a new active ingredient is registered. 

Deadline. 

7 USC 136 note. 

Pesticide 

Registration 

Improvement 

Renewal Act. 

Oct. 9, 2007 

[S. 1983] 


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PUBLIC LAW 110–94—OCT. 9, 2007 121 STAT. 1001 

‘‘(iv) SUBSEQUENT REGISTRATION REVIEW.—Not later 

than 15 years after the date on which the initial registration review is completed under clause (iii) and each 15 

years thereafter, the Administrator shall complete a subsequent registration review for each pesticide or pesticide 

case. 

‘‘(v) CANCELLATION.—No registration’’; 

(2) by redesignating subparagraph (B) as subparagraph 

(C); and 

(3) by inserting after subparagraph (A) the following: 

‘‘(B) DOCKETING.— ‘‘(i) IN GENERAL.—Subject to clause (ii), after meeting 

with 1 or more individuals that are not government 

employees to discuss matters relating to a registration 

review, the Administrator shall place in the docket minutes 

of the meeting, a list of attendees, and any documents 

exchanged at the meeting, not later than the earlier of— 

‘‘(I) the date that is 45 days after the meeting; 

or 

‘‘(II) the date of issuance of the registration review 

decision. 

‘‘(ii) PROTECTED INFORMATION.—The Administrator 

shall identify, but not include in the docket, any confidential business information the disclosure of which is prohibited by section 10.’’. 

SEC. 4. MAINTENANCE FEES. 

(a) TOTAL AMOUNT OF FEES.—Section 4(i)(5)(C) of the Federal 

Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a– 

1(i)(5)(C)) is amended by striking ‘‘amount of’’ and all that follows 

through the end of clause (v) and inserting ‘‘amount of $22,000,000 

for each of fiscal years 2008 through 2012’’. 

(b) AMOUNTS FOR REGISTRANTS.—Section 4(i)(5) of the Federal 

Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(i)(5) 

is amended— 

(1) in subparagraph (D)— 

(A) in clause (i), by striking by striking ‘‘shall be’’ 

and all that follows through the end of subclause (IV) 

and inserting ‘‘shall be $71,000 for each of fiscal years 

2008 through 2012; and’’; and 

(B) in clause (ii), by striking ‘‘shall be’’ and all that 

follows through the end of subclause (IV) and inserting 

‘‘shall be $123,000 for each of fiscal years 2008 through 

2012.’’; and 

(2) in subparagraph (E)(i)— 

(A) in subclause (I), by striking ‘‘shall be’’ and all 

that follows through the end of item (dd) and inserting 

‘‘shall be $50,000 for each of fiscal years 2008 through 

2012; and’’; and 

(B) in subclause (II), by striking ‘‘shall be’’ and all 

that follows through the end of item (dd) and inserting 

‘‘shall be $86,000 for each of fiscal years 2008 through 

2012.’’. 

(c) EXTENSION OF AUTHORITY FOR COLLECTING MAINTENANCE

FEES.—Section 4(i)(5)(H) of the Federal Insecticide, Fungicide, and 

Rodenticide Act (7 U.S.C. 136a–1(i)(5)(H) is amended by striking 

‘‘2008’’ and inserting ‘‘2012.’’ 

Deadline. 

Deadline. 


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121 STAT. 1002 PUBLIC LAW 110–94—OCT. 9, 2007 

(d) OTHER FEES.— (1) IN GENERAL.—Section 4(i)(6) of the Federal Insecticide, 

Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(i)(6)) is 

amended by striking ‘‘2010’’ and inserting ‘‘2014’’. 

(2) PROHIBITION ON TOLERANCE FEES.—Section 408(m) of 

the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)) 

is amended by adding at the end the following: 

‘‘(3) PROHIBITION.—During the period beginning on the 

effective date of the Pesticide Registration Improvement 

Renewal Act and ending on September 30, 2012, the Administrator shall not collect any tolerance fees under paragraph 

(1).’’. 

(e) REREGISTRATION AND EXPEDITED PROCESSING FUND.— (1) SOURCE AND USE.—Section 4(k)(2)(A) of the Federal 

Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a– 

1(k)(2)(A)) is amended— 

(A) in the first sentence, by inserting ‘‘and to offset 

the costs of registration review under section 3(g)’’ after 

‘‘paragraph (3)’’; 

(B) in clause (i), by inserting ‘‘and to offset the costs 

of registration review under section 3(g)’’ after ‘‘paragraph 

(3)’’; and 

(C) in clause (ii), by inserting ‘‘and to offset the costs 

of registration review under section 3(g)’’ after ‘‘paragraph 

(3)’’. 

(2) EXPEDITED PROCESSING OF SIMILAR APPLICATIONS.—Section 4(k)(3)(A) of the Federal Insecticide, Fungicide, and 

Rodenticide Act (7 U.S.C. 136a–1(k)(3)(A)) is amended by 

striking ‘‘2007 and 2008’’ and inserting ‘‘2008 through 2012’’. 

SEC. 5. PESTICIDE REGISTRATION SERVICE FEES. 

(a) DOCUMENTATION.—Section 33(b)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(b)(2)) is 

amended— 

(1) in subparagraph (C), by striking clause (ii) and inserting 

the following: 

‘‘(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.’’; and 

(2) by adding at the end the following: 

‘‘(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) after review 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.— 

Effective date. 

Termination 

date. 


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PUBLIC LAW 110–94—OCT. 9, 2007 121 STAT. 1003 

‘‘(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, United States Code.’’. 

(b) AMOUNT OF FEES.—Section 33(b) of the Federal Insecticide, 

Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(b)) is amended— 

(1) in paragraph (3)— 

(A) in subparagraph (A), by striking ‘‘Pesticide Registration Improvement Act of 2003’’ and inserting ‘‘Pesticide 

Registration Improvement Renewal Act’’; and 

(B) in subparagraph (B), by striking ‘‘S11631’’ and 

all that follows through the end of the subparagraph and 

inserting ‘‘S10409 through S10411, dated July 31, 2007.’’; 

and 

(2) by striking paragraph (6) and inserting the following: 

‘‘(6) FEE ADJUSTMENT.— 

‘‘(A) IN GENERAL.—Effective for a covered pesticide registration application received during the period beginning 

on October 1, 2008, and ending on September 30, 2010, 

the Administrator shall increase by 5 percent the registration service fee payable for the application under paragraph 

(3). 

‘‘(B) ADDITIONAL ADJUSTMENT.—Effective for a covered 

pesticide registration application received on or after 

October 1, 2010, the Administrator shall increase by an 

additional 5 percent the registration service fee in effect 

as of September 30, 2010. 

‘‘(C) PUBLICATION.—The Administrator shall publish 

in the Federal Register the revised registration service 

fee schedules.’’. 

(c) WAIVERS AND REDUCTIONS.—Section 33(b)(7)(F) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w– 

8(b)(7)(F)) is amended— 

(1) in clause (ii), by striking ‘‘all’’ and inserting ‘‘75 percent’’; 

and 

(2) in clause (iv)(II), by striking ‘‘all’’ and inserting ‘‘75 

percent of the applicable.’’. 

(d) REFUNDS.—Section 33(b)(8)(A) of the Federal Insecticide, 

Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(b)(8)(A)) is 

amended by striking ‘‘10 percent’’ and inserting ‘‘25 percent.’’. 

(e) PESTICIDE REGISTRATION FUND.—Section 33(c) of the Federal 

Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(c)) 

is amended— 

(1) in paragraph (1)(B), by striking ‘‘paragraph (4)’’ and 

inserting ‘‘paragraph (5)’’; 

(2) in paragraph (3)— 

(A) by striking subparagraph (B) and inserting the 

following: 

‘‘(B) WORKER PROTECTION.— 

Federal Register, 

publication. 

Effective date. 

Effective date. 

Termination 

date. 

Deadline. 


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121 STAT. 1004 PUBLIC LAW 110–94—OCT. 9, 2007 

‘‘(i) IN GENERAL.—For each of fiscal years 2008 

through 2012, the Administrator shall use approximately 1⁄17 of the amount in the Fund (but not less 

than $1,000,000) to enhance scientific and regulatory 

activities relating to worker protection. 

‘‘(ii) PARTNERSHIP GRANTS.—Of the amounts in the 

Fund, the Administrator shall use for partnership 

grants— 

‘‘(I) for each of fiscal years 2008 and 2009, 

$750,000; and 

‘‘(II) for each of fiscal years 2010 through 2012, 

$500,000. 

‘‘(iii) PESTICIDE SAFETY EDUCATION PROGRAM.—Of 

the amounts in the Fund, the Administrator shall use 

$500,000 for each of fiscal years 2008 through 2012 

to carry out the pesticide safety education program.’’; 

and 

(B) by striking subparagraph (C); and 

(3) in paragraph (5)— 

(A) by redesignating subparagraphs (A) through (C) 

as clauses (i) through (iii), respectively; 

(B) by striking ‘‘Amounts’’ and inserting the following: 

‘‘(A) IN GENERAL.—Amounts’’; and 

(C) by adding at the end the following: 

‘‘(B) USE OF INVESTMENT INCOME.—After consultation 

with the Secretary of the Treasury, the Administrator may 

use income from investments described in clauses (ii) and 

(iii) of subparagraph (A) to carry out this section.’’. 

(f) ASSESSMENT OF FEES.—Section 33(d)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(d)(2)) is 

amended by striking ‘‘For fiscal years 2004, 2005 and 2006 only, 

registration’’ and inserting ‘‘Registration’’. 

(g) DECISION REVIEW TIMES.—Section 33(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(f)) is 

amended— 

(1) in paragraph (1), by striking ‘‘Pesticide Registration 

Improvement Act of 2003’’ and inserting ‘‘Pesticide Registration 

Improvement Renewal Act’’; 

(2) in paragraph (2), by striking ‘‘S11631’’ and all that 

follows through the end of the paragraph and inserting ‘‘S10409 

through S10411, dated July 31, 2007.’’; and 

(3) in paragraph (4), by striking subparagraph (B) and 

inserting the following: 

‘‘(B) COMPLETENESS OF APPLICATION.— 

‘‘(i) IN GENERAL.—Not later than 21 days after 

receiving an application and the required registration 

service fee, the Administrator shall conduct an initial 

screening of the contents of the application in accordance with clause (iii). 

‘‘(ii) REJECTION.—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. 

Deadlines. 


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PUBLIC LAW 110–94—OCT. 9, 2007 121 STAT. 1005 

‘‘(iii) REQUIREMENTS OF SCREENING.—In conducting 

an initial screening of an application, the Administrator shall determine whether— 

‘‘(I)(aa) the applicable registration service fee 

has been paid; or 

‘‘(bb) at least 25 percent of the applicable registration service fee has been paid and the application contains a waiver or refund request for the 

outstanding amount and documentation establishing the basis for the waiver request; and 

‘‘(II) the application contains all the necessary 

forms, data, and draft labeling, formatted in 

accordance with guidance published by the 

Administrator.’’. 

(h) REPORTS.—Section 33(k) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(k)) is amended— 

(1) in paragraph (1), by striking ‘‘March 1, 2009’’ and 

inserting ‘‘March 1, 2014’’; and 

(2) in paragraph (2)— 

(A) in subparagraph (A)— 

(i) by redesignating clauses (ii) through and (iv) 

as clauses (v) through (vii), respectively; 

(ii) by inserting after clause (i) the following: 

‘‘(ii) the number of label amendments that have 

been reviewed using electronic means; 

‘‘(iii) the amount of money from the Reregistration 

and Expedited Processing Fund used to carry out inert 

ingredient review and review of similar applications 

under section 4(k)(3); 

‘‘(iv) the number of applications completed for identical or substantially similar applications under section 

3(c)(3)(B), including the number of such applications 

completed within 90 days pursuant to that section;’’; 

and 

(iii) in clause (vi) (as redesignated by clause (i))— 

(I) in subclause (II), by striking ‘‘and’’ at the 

end; 

(II) in subclause (III), by striking ‘‘and’’ at 

the end; and 

(III) by adding at the end the following: 

‘‘(IV) providing for electronic submission and 

review of labels, including process improvements 

to further enhance the procedures used in electronic label review; and 

‘‘(V) the allowance and use of summaries of 

acute toxicity studies; and’’; 

(B) in subparagraph (B), by striking ‘‘and’’ at the end; 

(C) in subparagraph (C), by striking the period at 

the end and inserting a semicolon; and 

(D) by adding at the end the following: 

‘‘(D) a review of the progress in carrying out section 

3(g), including— 

‘‘(i) the number of pesticides or pesticide cases 

reviewed; 

‘‘(ii) a description of the staffing and resources 

relating to the costs associated with the review and 


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121 STAT. 1006 PUBLIC LAW 110–94—OCT. 9, 2007 

decision making relating to reregistration and registration review for compliance with the deadlines specified 

in this Act; 

‘‘(iii) to the extent determined appropriate by the 

Administrator and consistent with the authorities of 

the Administrator and limitations on delegation of 

functions by the Administrator, recommendations for— 

‘‘(I) process improvements in the handling of 

registration review under section 3(g); 

‘‘(II) providing for accreditation of outside 

reviewers and the use of outside reviewers in the 

registration review process; and 

‘‘(III) streamlining the registration review 

process, consistent with section 3(g); 

‘‘(E) a review of the progress in meeting the timeline 

requirements for the review of antimicrobial pesticide products under section 3(h); and 

‘‘(F) a review of the progress in carrying out the review 

of inert ingredients, including the number of applications 

pending, the number of new applications, the number of 

applications reviewed, staffing, and resources devoted to 

the review of inert ingredients and recommendations to 

improve the timeliness of review of inert ingredients.’’. 

(i) TERMINATION OF EFFECTIVENESS.—Section 33(m) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w– 

8(m)) is amended— 

(1) in paragraph (1), by striking ‘‘2008’’ and inserting 

‘‘2012’’; and 

(2) in paragraph (2)— 

(A) in subparagraph (A)— 

(i) in the subparagraph heading, by striking ‘‘2009’’ 

and inserting ‘‘2013’’; and 

(ii) by striking ‘‘2009’’ and inserting ‘‘2013’’; and 

(B) in subparagraphs (B) and (C)— 

(i) in the subparagraph headings, by striking ‘‘2010’’ 

each place it appears and inserting ‘‘2014’’; and 

(ii) by striking ‘‘2010’’ each place it appears and 

inserting ‘‘2014’’; and 

(C) in subparagraph (D), by striking ‘‘2008’’ each place 

it appears and inserting ‘‘2012’’. 


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PUBLIC LAW 110–94—OCT. 9, 2007 121 STAT. 1007 

LEGISLATIVE HISTORY—S. 1983: 

CONGRESSIONAL RECORD, Vol. 153 (2007): 

Aug. 2, considered and passed Senate. 

Sept. 24, considered and passed House. 

Æ 

SEC. 6. EFFECTIVE DATE. 

This Act and the amendments made by this Act take effect 

on October 1, 2007. 

Approved October 9, 2007. 

7 USC 136a note. 


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