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

An application that proposes a food use for an active ingredient that is not currently contained as an active ingredient in any U.S. registered pesticide product. The use may require the establishment of an exemption from the requirement of a tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), or an increase in or a food additive regulation or other clearance under section 409 of the FFDCA.  The application may need to include a petition to establish an exemption from tolerance for all food commodities covered by the pending registration application(s) 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 new active ingredient or a first food use 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; or a lubricant with claims that the lubricant kills bacteria
• 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)
• Slimicides (FDA food additive regulation) (e.g., pulp and paper board)
• 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) (cutting board that contains an antimicrobial as a preservative)
• Food handling storage establishment 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)