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President Obama Signs the Pesticide Registration Improvement Act (PRIA 3) into Law
(September 2012)

On September 14, 2012, congress passed the Pesticide Registration Improvement Extension Act of 2012 (PRIA 3). On September 28, 2012, President Obama signed PRIA 3 into law.

Under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), a pesticide must be registered with EPA in order for it to be legally used in the United States. Prior to the passage of the initial Pesticide Registration Improvement Act (PRIA), the review process could take several years or longer depending on the class of pesticide and the priority assigned to it. PRIA, which was enacted in 2003 through the work a unique coalition comprised of the pesticide registrant community and environmentalists, established a new section of FIFRA that put in place a fee schedule for pesticide registration requests. It also defined specific timelines for EPA to make regulatory decisions on pesticide registration and tolerance actions submitted to the Agency. PRIA is generally recognized as beneficial, as it provides predictable pesticide registration timeframes for industry, new products for consumers, and funds for EPA to complete various registration activities for various stakeholders, such as re-registration and tolerance reassessments. PRIA expires in 2012.

The same coalition that helped enact PRIA has come together again to negotiate a proposal for the reauthorization of PRIA, also known as PRIA 3. The coalition’s PRIA 3 proposal is intended to clarify the original bill, while continuing the fee for service program – albeit with some technical adjustments.

Summary of PRIA 3 Provisions:

Maintenance Fees –
▲ FIFRA amended to provide for the collection of $27.8 million in product maintenance fees
▲ Maintenance fee caps amended, including small business caps
▲ Authority to collect maintenance fees extended until 2017
▲ Extends the prohibition on collecting other registration fees until 2019
▲ Extends the prohibition on collecting tolerance fees until 2017
▲ EPA may use up to $800,000 annually for the enhancement and improvement of IT systems for the registration and tracking of pesticides

Registration Services Fees –
▲ FIFRA amended to extend authority on collecting registration service fees
▲ Extends the “set aside” of funds from registration service fees
▲ Changes the “baseline appropriations” provisions
▲ FIFRA amended to provide for the Administrator to identify processing reforms that would allow improved decision times beyond those provided in the Act
▲ Extends the requirements of meeting decision review periods and cites the new schedule of decision review times
▲ Provides additional elements for EPA’s annual PRIA report, including information on renegotiations, progress of IT enhancements, rejection of applications
under the new technical deficiency screen, and progress in the updating of EPA’s Incident Data System

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