Attachment A

(5) MAINTENANCE FEE.— January 23, 2004 51 FIFRA Sec. 4 

(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 

aggregate amount of— (i) for fiscal year 2004, $26,000,000; 

(ii) for fiscal year 2005, 

$27,000,000; (iii) for fiscal year 

2006, $27,000,000; 

(iv) for fiscal year 2007, $21,000,000; 

and (v) for fiscal year 2008, 

$15,000,000. 

(D) MAXIMUM AMOUNT OF FEES FOR REGISTRANTS.—The 

maximum annual fee payable under this paragraph by—

(i) 4–4 a registrant holding not more than 50 pesticide 

registrations shall be— (I) for fiscal year 2004, $84,000; 

(II) for each of fiscal years 2005 and 2006, 

$87,000;(III) for fiscal year 2007, $68,000; and(IV) 

for fiscal year 2008, $55,000; and

(ii) 4–5 a registrant holding over 50 registrations 

shall be— (I) for fiscal year 2004, $145,000; 

(II) for each of fiscal years 2005 and 2006, 

$151,000; (III) for fiscal year 2007, $117,000; and 

(IV) for fiscal year 2008, $95,000. (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—
(aa) for fiscal year 2004, $59,000; (bb) for 

each of fiscal years 2005 and 

2006, $61,000; (cc) for fiscal year 2007, 

$48,000; and (dd) for fiscal year 2008, 

$38,500; and 

(II) a registrant holding over 50 pesticide 

registrations shall be—

(aa) for fiscal year 2004, $102,000; (bb) 

for each of fiscal years 2005 and 

2006, $106,000; (cc) for fiscal year 2007, 

$82,000; and 

4–4 Subclause margins are so in original (as added by sec. 501(c)(1)(B)(ii) of P.L. 108–

199). Probably should be further indented. 4–5 Subclause margins are so in original (as 

added by sec. 501(c)(1)(B)(iii) of P.L. 108– 199). Probably should be further indented. 

January 23, 2004 

Sec. 4 FIFRA 52 

(dd) for fiscal year 2008, $66,500. (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, iden

tity of interests among family members, 

shared facilities and equipment, and common 

use of employees. 

(F) The Administrator shall exempt any public health 

pesticide from the payment of the fee prescribed under 

paragraph (3) if, in consultation with the Secretary of 

Health and Humans 4–6 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. 

(G) 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. 

(H) The authority provided under this paragraph shall 

terminate on September 30, 2008.