February 21, 2017

February 21, 2017

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February 20, 2017

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H.R. 1029 - Reauthorization of PRIA, Pesticide Fee-for-Service Program

On February 14, 2017, Rep. Rodney Davis [R-IL-13] introduced H.R. 1029, the "Pesticide Registration Enhancement Act of 2017" (PRIA 4), in the House of Representatives. On that same day, the House of Representatives referred the bill to the House Committee on Agriculture and the House Committee on Energy and Commerce. The bill intends "to amend the Federal Insecticide, Fungicide, and Rodenticide Act to improve pesticide registration and other activities under the Act, to extend and modify fee authorities, and for other purposes". The House Committee on Agriculture is scheduled to discuss H.R. 1029 tomorrow Thursday, February 16th at 10:00am.

Changes Under PRIA 4

If passed, PRIA will be reauthorized from fiscal years 2017 through 2023. The bill authorizes $31 million in maintenance fees per year, which is an increase from $27.8 from fiscal years 2013-2017. Of these fees, a $500,000 set-aside will support Good Laboratory Practices Inspections between fiscal years 2017 and 2023. An additional yearly set-aside of $500,000 between fiscal years 2017 and 2021 will support expedited rulemaking and guidance development for certain product performance data requirements, including products claiming efficacy against invertebrate pests of significant public health or economic importance. Between fiscal years 2017 and 2023, a set-aside between 1/9 and 1/8 of the maintenance fees collected in said year will be used to support the review of inert ingredient applications. The bill eliminates the $800,000 yearly set-aside to support information technology related activities.

PRIA 4 will increase registration service fees for some of the fee categories and fees will range from $277 to $753,082 per application. PRIA 4 will also increase the number of fee categories from 189 to 212. Some of the changes to the fee categories include:

  • additional experimental use permit categories in RD, AD, and BPPD;

  • additional end-use product and manufacturing use categories in RD and AD;

  • additional amendment categories in RD, AD, and BPPD;

  • additional PIP categories;

  • revisions to AD categories for consistency with 158W; and

  • new inert ingredient safener categories and adjusting decision review times for six inert ingredient categories.

Background

In 2004, Congress passed the Pesticide Registration Improvement Act of 2003 (PRIA), which created a registration fee system for pesticide registrations, amendments, and related tolerances. PRIA fees were authorized twice since inception, under PRIA 2 and PRIA 3. The most recent reauthorization, under PRIA 3, will expire on September 30, 2017.

H.R. 1029 is available at the following link:

https://www.congress.gov/115/bills/hr1029/BILLS-115hr1029ih.pdf 

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About this Author

Partner

Michael Novak practices environmental and business law for chemical manufacturers and other clients, including agricultural, antimicrobial, and biochemical pesticide producers. His practice focuses on the regulation of pesticides and other chemicals under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA); the Federal Food, Drug and Cosmetic Act (FFDCA); TSCA; EPCRA; and other federal and state regulatory programs.

Mr. Novak has expertise in pesticide regulatory issues associated with product registration, including the registration...

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David G. Sarvadi, Keller Heckman, Occupational Health and Safety lawyer, Labor Litigation attorney
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David Sarvadi joined Keller and Heckman in 1990. Mr. Sarvadi practices in the areas of occupational health and safety, toxic substance management, pesticide regulation, employment law, and product safety.

Mr. Sarvadi represents clients before a variety of federal and state enforcement agencies in legal proceedings involving OSHA citations, EPA Notice of Violations, TSCA consent orders, CPSC Notices, FIFRA Stop Sale Use and Removal Orders, and EEOC Charges of Discrimination. He works with clients in developing, reviewing, and auditing compliance programs in all of these areas, and in obtaining agency rulings on proposed or novel activities and questions, seeking interpretations of regulations as they apply to specific sets of facts.  He has a background in occupational safety and health, having worked as an industrial hygienist for more than 15 years and became a Certified Industrial Hygienist in 1978, a designation he held until he voluntarily relinquished it in 2010. Prior to becoming an attorney, he was a principal in a small consulting firm, and managed a corporate industrial hygiene and product safety program for a Fortune 500 company. Mr. Sarvadi was selected by the National Academy of Sciences to participate in a panel of the Institute of Medicine that was asked to review a study by the National Institute for Occupational Safety and Health on the use of respirators in the U.S. He was asked to participate because of his expertise in law and industrial hygiene.

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Coleen Waldenmayer is a staff scientist specializing in matters involving the state and federal regulation of chemical substances, pesticides, surfactants, food additives and other products. In particular, she works with antimicrobial, biochemical and agricultural pesticide producers to obtain product approvals, including advising clients on requirements for safety and efficacy data, labels and labeling, and scientific issues that arise as part of the registration process.  Ms. Waldenmayer also evaluates databases and data as part of valuation for data compensation...

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