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Pesticide Registration Improvement Renewal Act (PRIA 2)
Fee Determination Decision Tree

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

Decision Tree Resources:
Below is the fee for your selected Fee Category for
Fiscal Year 2011 & 2012

Action Code
FY11/FY12 Decision Time
New Use, First food use, establish tolerance exemption

Do you plan to request either of the following types of waivers?

50% waiver 50% waiver
75% waiver 75% waiver

To pay the fee shown above, go to http://www.pay.gov and follow the instructions.

How to submit your application directly to EPA.

Action Code Interpretation: An application that proposes the first food use.  First food use includes a proposed use for any U.S. registered active ingredient for which there is no registered “food use”.  The use may require an exemption from the requirement of a tolerance under section 408 of the Federal Food, Drug and Cosmetic Act (FFDCA) or a food additive regulation or other clearance under section 409 of the FFDCA.  If residues are reasonably foreseeable or likely to occur in or around food, either directly or indirectly, and the risks from all foreseeable residues are minimal, the application submission may need to include a petition to establish an exemption for tolerance for all food commodities covered by the pending registration application or if residues would not be subject to FFDCA section 408, documentation of an applicable food additive regulation or other clearance under section 409 of the FFDCA.  Refer to the definition of a “food use” for the uses subject to this category. All uses (food and non-food) included in any original application or petition for a first food use and to establish tolerance exemptions are covered by the base fee for that application in this category if submitted simultaneously.

Examples include:

  • Pre- and post-harvest use on crops (other than agricultural fungicides and aquatic herbicides, which are handled as conventional pesticides)
  • Animal drinking water treatment (meat, meat by-products and/or milk tolerance exemption)
  • Process water treatment for post harvest use (field washing of raw agricultural commodities
  • Treatment of permanent or semi-permanent food contact surfaces (sanitizers and disinfectants). 
  • Use of the product in food contact articles, other than food packaging with an  intended ongoing effect in the finished article, including the articles surface or in food that may contact the article (e.g., conveyor belt - claims to kill bacteria on articles that come in contact with belt)
  • Treatment of raw agricultural commodities in a food processing facility (FDA food additive regulation)
  • Process water treatment in a food handling facility to control a pest in the water (FDA food additive regulation)
  • Production of food packaging (FDA food additive regulation) (e.g. adhesives, coatings)
  • Production of food contact articles other than food packaging (FDA food  additive regulation) (conveyor belt, cutting board that contains an antimicrobial as a preservative)
  • Slimicides (FDA food additive regulation) (e.g., pulp and paper board)
  • Production of food packaging (FDA food additive regulation) (e.g. adhesives, coatings)
  • Food handling storage establishments premises and equipment (e.g. eating establishments, meat processing equipment, food handling equipment)
  • Aseptic packaging (FDA food additive regulation)
  • Ethanol production (treatment of empty fermentation tank) (check with the Agency prior to submission of an application)
  • Aquatic area application (e.g., lakes, ponds, reservoirs, irrigation systems)(other than aquatic herbicides which are handled as conventional pesticides)
  • Home produce washes (dietary risk assessment required)
  • Human drinking water systems (e.g., water purifier units, emergency water systems, municipal water treatment)

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