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Pesticide Registration Improvement Extension Act (PRIA 3)
Fee Determination Decision Tree

Decision Tree Resources:

Below is the fee for your selected Fee Category for Fiscal Years 2014/2015

Action Code Description FY14/15
Decision Time
R130 First Food Use; Indoor; Food/Food Handling (2) (3) $ 182,327 21

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

50% waiver You pay ---->>>>> $ 91,164  
75% waiver You pay ---->>>>> $ 45,582  

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 indoor food use.  First food use includes a proposed use of any U. S. registered active ingredient for which there is no registered “food use”.  The use requires the establishment of, or the exemption from the requirement of a tolerance under section 408 of the FFDCA.  The application submission must contain a petition to establish tolerances or exemption(s) from tolerance for all food/feed commodities covered by the pending registration application(s). Indoor means that the proposed use is for use inside of manmade structures.  All indoor food uses included in any original application or petition for the first food use are covered by the base fee for the application in this category if submitted within the original application.  Some examples of indoor food uses include use in a food handling and/or processing establishment, use on food crops in a greenhouse, aquatic uses involving potable water, irrigation, or requiring tolerances for fish, or shellfish, use in home gardens, and uses involving livestock, such as livestock housing, and livestock dips. 

All of the inerts used in the product must be either approved, pending with the Agency, or a new inert is submitted within the package for the applicable uses.

A maximum of five new products are covered by the base fee. After the first five new products, each application for an additional new product or new inert ingredient approval that is submitted within this first food use application package is subject to the registration service fee for a new product or a new inert ingredient approval. All such associated applications that are submitted together will be subject to the first food use decision review time.

Until the first food use is approved, any subsequent application for another new use(s) containing the same active ingredient will be charged a first food use service fee and decision review timeframe.

If the applicant on his own initiative submits any additional information that was neither requested nor required by the Agency, after completion of the technical deficiency screening, and which does not itself constitute a covered registration application, the applicant will be charged an additional 25% of the full registration service fee for the first food use application.

The Agency will provide the applicant with a pre-decisional determination 4 weeks prior to the PRIA decision review time due date which specifies any label changes that have to be made in order to grant the requested first food use registration.  If the label issues cannot be resolved prior to the PRIA decision review time due date and if a PRIA due date time extension has not been agreed upon, then the Agency will issue to the applicant its regulatory decision with the specific label changes and supporting documentation on or just before the PRIA decision review time due date.  At that time the applicant must either (a) agree to all of the label changes and submit a revised label that incorporates all of these label changes; or (b) does not agree with one or more of the label changes and request up to 30 days to reach agreement with the Agency and submit a revised label that incorporates all of the agreed upon label changes, which the Agency has 2 business days to review; or (c) withdraw the application without prejudice.

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