New Pesticide Fees Legislation - Guidance on How to Request Fee Waivers
and Fee Reductions

Questions and Answers on: 

   HYPERLINK "http://www.epa.gov/pesticides/fees/questions/general.htm" 
General Questions 

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/actions_not_covered.htm" 
Actions Not Covered by Registration Service Fees 

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/biopesticides.htm" 
Biopesticides 

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/fee_payments.htm"  Fee
Payments 

   HYPERLINK "http://www.epa.gov/pesticides/fees/questions/waivers.htm" 
Fee Waivers  

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/fundmanag.htm"  Fund
Management 

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/processin.htm" 
In-Processing of Applications 

   HYPERLINK "http://www.epa.gov/pesticides/fees/questions/inerts.htm" 
Inert Ingredients  

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/ir4_submissions.htm"  IR-4
Submissions 

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/rdworkplan_qna.htm" 
Registration Workplan for Conventional Chemicals  

   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/reregistration.htm" 
Reregistration  

This is the Agency's current guidance on how to request fee waivers and
fee reductions under the Pesticide Registration Improvement Act (PRIA).
This guidance reflects the Agency's current thinking at this time. As
the Agency gains experience with the review of fee waiver and fee
reduction requests under PRIA, this guidance may change.

  HYPERLINK "http://www.epa.gov/pesticides/fees/questions/waivers.htm"
\l "1#1"  General   •    HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/waivers.htm" \l "2#2" 
Small Business   HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/waivers.htm" \l "3#3"  

Certification Example for Small Business  

  HYPERLINK "http://www.epa.gov/pesticides/fees/questions/waivers.htm"
\l "4#4"  Minor Use   •    HYPERLINK
"http://www.epa.gov/pesticides/fees/questions/waivers.htm" \l "5#5" 
IR-4 

General Guidance

1. Can registration service fees be waived?

Yes. Under the new section 33 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) a waiver or reduction in the registration
service fee is allowed or required in certain situations.

For applications limited to minor uses, EPA may grant a waiver or reduce
the registration service fee if the application is accompanied by a
request for a waiver or fee reduction and provides supporting
documentation that demonstrates to the Agency's satisfaction that
anticipated revenues from the uses that are the subject of the
application will not be sufficient to justify the imposition of the full
fee.

EPA must grant a waiver for applications that are solely related to a
tolerance petition submitted in conjunction with the Inter-Regional
Research Project Number 4 (IR-4 program) and the Administrator has
deemed such a waiver to be in the public interest.

An applicant that qualifies as a small business is eligible for a
partial or complete waiver of the registration service fee.

An agency of the Federal Government or a state government is exempt from
the registration service fee. 

2. When and where should I submit my request for a waiver or reduction
of a registration service fee?

A request for a waiver or reduction must be submitted in writing
together with the application and should be sent to:

By USPS Mail	By Courier

Document Processing Desk (REGFEE)

Office of Pesticide Programs (7504P)

U.S. Environmental Protection Agency

Ariel Rios Building

1200 Pennsylvania Avenue, NW

Washington, DC 20460-0001	Document Processing Desk (REGFEE)

Office of Pesticide Programs

U.S. Environmental Protection Agency

One Potomac Yard Room S-4900 

2777 S. Crystal Drive 

(Address prior to 5/01/06: 1801 South Bell Street) 

Arlington, VA 22202



3. What is the time frame for the Agency's determination to grant or
deny requests for waivers or reduction of registration service fees? 

The Administrator must determine whether to grant or deny the request as
soon as practicable, but not later than 60 days after the date on which
the Administrator receives a request for a waiver or reduction of a
registration service fee.

4. How does EPA process waiver requests?

The Agency will review the documentation provided by the applicant and
other information in the Agency databases as well as other publicly
available information to determine if the applicant meets the applicable
criteria for a waiver. The Agency will respond in writing to the
applicant with the decision regarding the waiver. If a partial waiver is
granted, the letter will include the amount to be paid and instructions
for submitting payment.

5. When does the decision time review period begin when a waiver or fee
reduction has been granted or denied?

If a full waiver is granted, the decision time review period begins on
the date the full waiver is granted. If a partial waiver or fee
reduction request is granted, the decision time review period begins
when the correct payment amount is received. If a waiver or fee
reduction request is denied, the decision time review period begins when
the full payment is received or the partial waiver is granted, whichever
is later.

6. Will the registration service fees be refunded if the application is
withdrawn? 

If the applicant withdraws a covered pesticide registration application
during the first 60 days after the beginning of the applicable decision
time review period, the Administrator must refund all but 10 percent of
the total registration service fees. If a covered pesticide registration
application is withdrawn after the first 60 days of the applicable
decision time review period, the Administrator must determine what
portion, if any, of the total registration service fee for the
application may be refunded based on the proportion of the work
completed at the time of withdrawal.

7. What should I do if my application contains confidential information?

You may assert a business confidentiality claim covering part or all of
the information in the application at the time it is submitted to the
Agency. If you wish to assert a claim of confidentiality, you must mark
the document "CONFIDENTIAL BUSINESS INFORMATION' or with a similar
designation, and must bracket all text so claimed. Information covered
by a claim of confidentiality will be disclosed by EPA only to the
extent, and by means of the procedures set forth under 40 CFR Part 2. If
no claim of confidentiality accompanies the information when it is
received by EPA, it may be made available to the public by EPA without
further notice to the applicant.

8. I received an invoice from the Agency in response to my application.
I had submitted a waiver request with my application and I disagree with
the Agency’s decision on the waiver request. How can I appeal this
decision?

First, do not pay the fee. Instead, please submit a written response,
including a rationale explaining your rationale for a different waiver
determination. The written response should be submitted to:

By USPS Mail	By Courier

Document Processing Desk (WAIVER APPEAL)

Office of Pesticide Programs (7504C)

U.S. Environmental Protection Agency

Ariel Rios Building

1200 Pennsylvania Avenue, NW

Washington, DC 20460-0001	Document Processing Desk (WAIVER APPEAL) 

Office of Pesticide Programs

U.S. Environmental Protection Agency

One Potomac Yard Room S-4900 

2777 S. Crystal Drive 

(Address prior to 5/01/06: 1801 South Bell Street) 

Arlington, VA 22202



Once received by the Office of Pesticide Programs, your response will be
reconsidered by the PRIA Waiver Workgroup. After the Agency has
completed its review of the rebuttal, you will receive a telephone call
from the Agency explaining the Agency's decision. If the Agency changes
the waiver determination and fees are still due, you will receive a new
invoice from the Agency requesting payment. If the Agency determines
that a full waiver can be granted, you will receive a letter granting
your full waiver request. If the Agency decides to maintain its original
decision on the waiver request, you will be instructed to remit payment
in response to the initial invoice.

 

Guidance on Small Business Waivers 

1. Under what circumstances is a small business eligible for a fee
waiver or reduction?

An applicant that meets the definition of a small business is eligible
for a fifty percent (50%) waiver of the pesticide registration service
fee. A small business means a corporation, partnership, or
un-incorporated business that has 500 or fewer employees and during the
3-year period prior to the most recent maintenance fee billing cycle,
has an average annual global gross revenue from pesticides that did not
exceed $60 million (including any such revenue from all of its
affiliates). In addition, a small business that has average annual
global gross revenues from pesticides of less than $10 million
(including any such revenue from all of its affiliates) over the past
3-year maintenance fee billing cycle at the time of the application is
eligible for a full waiver (100%) of the pesticide registration service
fee.

2. What is the previous “maintenance fee billing cycle” referred to
in the statute?

The "maintenance fee billing cycle" is a yearly cycle commencing on
January 15th. Therefore, the relevant time periods for measuring whether
an applicant meets the definition of a small business are the
applicant's three fiscal years preceding the January 15th of the year in
which the application is received.

3. What are affiliates of an applicant for purposes of requesting a
small business fee waiver?

Affiliates include direct and indirect subsidiary and parent entities of
the applicant as well as entities that are controlled directly or
indirectly by the owner(s) or any parent entity of the applicant. In
addition, two unrelated entities are affiliates if they are both owned
or controlled by the same entity or person. Specifically, business
entities are affiliates of each other if, directly or indirectly, either
entity controls or has the power to control the other entity, or a third
entity controls or has the power to control both entities. Indicia of
control include interlocking management or ownership, identify of
interests among family members, shared facilities and equipment, and
common use of employees. Accordingly, control is not limited to voting
control over another entity.

NOTE: The Agency is considering appropriate criteria for determining
affiliation. Initially, however, the Agency is considering using
criteria similar to the criteria that the Small Business Administration
uses for determining affiliation. Therefore, until the Agency has had an
opportunity to fully consider the matter, for purposes of determining
affiliation, the Agency will consider indicia of control such as
ownership, management, identify of interests among family members,
shared facilities and equipment, common use of employees, and previous
relationship with or ties to another business concern (which may include
an individual proprietorship, partnership, limited liability company,
corporation, joint venture, association, trust, or cooperative) in
determining whether entities are affiliates.

4. What information should I include in my request for a fee waiver as a
small business?

The request should be in writing and include the following information:

The company name and company number assigned by OPP to the applicant,
the official mailing address under FIFRA, the telephone number and
e-mail or fax number of the contact person regarding the fee waiver or
reduction request.

A certification signed by a responsible officer that the documentation
submitted to support the waiver or reduction request is true, complete,
and correct. 

An ownership structure chart depicting the relationship of the applicant
to subsidiaries and parent entities that are directly or indirectly
controlled by the owner(s) or any parent entity of the applicant, if
appropriate. If the applicant does not have a parent entity, the
percentage ownership interest of the direct and indirect owner(s) or
shareholders of the applicant should be disclosed.

A narrative or explanatory information, if appropriate, addressing
whether related entities are affiliates.

A narrative or explanatory information, if appropriate, explaining how
the applicant differentiated its global gross receipts from pesticides
from other revenue and how such revenue was calculated, both for the
applicant and for any affiliates. The rationale should explain what
types of revenues have been excluded.

Appropriate supporting documentation demonstrating that the criteria for
the waiver or reduction from the registration service fee are met. 

5. What information is required for certification for a fee waiver or
reduction?

A certification should include: 

information on business identification; 

information regarding the number of employees of the applicant; 

information regarding the ownership of the applicant and affiliated
entities; 

information regarding the global gross revenue from pesticides (of the
applicant as well as any affiliates); and 

a certification statement signed by a responsible officer that the
information provided is true, complete, and correct. The following is a
sample certification: 

 

An Example of a Certification for Small Business

Section 1: Business Identification 

Name of the applicant 

Company number assigned by OPP to the applicant 

Official mailing address under FIFRA 

Name of the contact person for the waiver or fee reduction request 

Phone number, fax number, and e-mail for the contact person 

Section 2: Small Business Criteria

A) Global Gross Revenue from Pesticides 

Do you have any subsidiaries? Please include any indirect subsidiaries
(subsidiaries of subsidiaries or other subsidiaries of a parent entity)
as well. 

Do you have any parent entities? Please provide information regarding
the ownership of your ultimate parent (including the percentage
ownership/membership interest of each stakeholder). 

If you do not have a parent entity, please provide information on the
ownership of the applicant and the percentage ownership/membership
interest of each stakeholder. 

Do any stakeholders with a controlling interest in the applicant or any
parent entity also directly or indirectly control or have the ability to
directly or indirectly control any other entity?

Which affiliates, if any, have global gross revenue from pesticides?

Including affiliates, what is your global gross revenue from pesticides,
averaged over the applicable three year period?

If you are distinguishing global gross revenue from pesticides from
other gross revenue, please explain how you differentiated and
calculated global gross revenue from pesticides alone. 

B) Employee Threshold

       1. Do you employ 500 or fewer employees? What is the
number of employees? 

Section 3: Certification Statement 

“I, [insert name of undersigned], the [insert title] of [insert name
of applicant], am authorized and have personal knowledge sufficient to
make this certification on behalf of [insert name of applicant]. I
hereby certify under penalty of perjury that the documentation submitted
in connection with [insert name of applicant]’s [insert whether this
is a fee waiver or a fee reduction] request is true, complete, and
correct in all material respects.”

Applicant’s Name

Applicant Signature

Title

Date

6. What should the certification statement say? 

The new law requires the accuracy of the documentation supporting a
small business waiver request is certified by a responsible officer. A
responsible officer is someone who is authorized and has sufficient
personal knowledge to make the certification. An agent for the applicant
is not a responsible officer. In addition, the Agency considers the
information to be accurate if it is true, complete, and correct in all
material respects. Thus, the sample certification is an acceptable model
that complies with the statutory requirements.

If a certification statement is qualified in a manner such that the
Agency is unable to determine that it was made by someone who is
authorized to do so and has sufficient personal knowledge, e.g., the
certification is qualified with a blanket “to the best of my
knowledge” statement, the waiver request will be denied.

7. What information should be included in an ownership structure chart
submitted in connection with a small business fee waiver?

An ownership structure chart is a diagram that shows the relationship
between the applicant and other entities, including parent and
subsidiary entities. The ownership structure chart should show all the
entities related to the applicant, either directly or through a parent
or subsidiary entity, or by virtue of common ownership. If the applicant
does not have a parent entity, the direct and indirect owner(s) or
shareholders of the applicant should be disclosed. The ownership
structure chart and accompanying narrative should include: 

all related entities and owners or shareholders (the company names and
company numbers assigned by OPP to entities, if applicable; the official
mailing address under FIFRA, if applicable; telephone number; fax
number; and e-mail for each entity), and

the relationship between the entities (i.e., identifying who the owners
or interested parties are, identifying entities with any gross revenues
from pesticides, and a factual disclosure with respect to the statutory
“indicia of control”). 

8. What documentation must I provide if my total gross revenue exceeds
the threshold for a waiver but my global gross revenue from pesticides
is less than the threshold?

If the applicant is differentiating between gross revenue from
pesticides from other gross revenue, the applicant should provide an
explanation of how the applicant differentiated and calculated global
gross revenue from pesticides from other gross revenue for itself and
for its affiliates. If the applicant’s total global gross revenues
from all sales are well below the $10 million threshold, the applicant
does not need to differentiate between total global gross revenues and
global gross revenues from pesticides alone.

9. How should I calculate the number of employees?

To be eligible for a small business waiver, the applicant must have 500
or fewer employees at the time of submitting the application. Unlike the
calculation for global gross receipts from pesticides, the calculation
of the number of employees is limited to the employees of the applicant
and does not include the employees of affiliates. The Agency currently
believes that the number of employees should be calculated in a manner
similar to how the Small Business Administration calculates the number
of employees for purposes of its regulations. Therefore, the number of
employees should be determined upon consideration of the totality of the
circumstances, including factors relevant for tax purposes. Accordingly,
the number of employees should include all individuals employed on a
full-time, part-time, and temporary basis (including shared employees).
Supporting documentation may, in part, include payroll information and a
recent IRS Form 941, together with a statement certifying the total
number of individuals employed by the applicant. 

10. How should I calculate global gross revenues from pesticides?

Global gross revenue from pesticides (as defined in FIFRA and the
implementing regulations) is not limited to revenue from pesticides for
which the applicant is the registrant but includes all revenue from the
distribution or sale by the applicant or any of its affiliates of a
substance (or mixture of substances) that is intended for a pesticidal
purpose or is advertised as having pesticidal purpose, either in the
United States or abroad, even if (i) the applicant is not the registrant
and (ii) the substance or device is not registered in the United States.
Global gross revenue from pesticides also includes all revenue from the
sale or distribution of so-called “Section 25(b)” exempt pesticides.
Global gross revenue from pesticides does not, however, include revenue
from devices that are sold separately from a pesticide.

11. What type of documentation should be included to support a small
business waiver or fee reduction request?

The documentation to support the waiver or fee reduction request should
be reliable, pertinent, and comprehensive. The Agency is still
considering how best to meet this goal. The type of documentation that
the Agency currently believes will aid it in making a decision regarding
a small business waiver or fee reduction request includes, but is not
limited to, such documents as: income tax returns filed with the
Internal Revenue Service (such as IRS Forms 1065, 1120, or 1120S, as
applicable), the applicant’s most recent IRS 941, and audited
financial statements.

12. What information should I include in my request for a small business
waiver or fee reduction if my business is located in countries other
than the United States?

Foreign entities must provide the same information provided by domestic
entities. However, if the information is not in English, the applicant's
request may be denied because the Agency is unable to determine that the
applicant meets the statutorily defined criteria for a small business.
Therefore, documentation not in English should be accompanied by a
translation with a certification that the translation is accurate. The
Agency will consider the appropriate documentation supporting the
request on a case-by-case basis

.

13. My gross revenue includes global pesticide sales paid by foreign
currencies. What exchange rates should I use to convert my global
pesticide sales into U.S. dollars?

Global gross revenue from pesticides is calculated as an average during
the 3-year period prior to the most recent maintenance fee billing
cycle. The exchange rates to convert the global gross revenue into US
dollars should also be the average during the same period. The applicant
should include an explanation of the method used for averaging such
revenues over the applicable period(s) as well as an explanation of how
the exchange rate used was determined.

14. I’d like to request a fee waiver or reduction for small business,
but I am a newly formed start-up company. What supporting documentation
should I submit?

The Agency is considering what documentation is appropriate in this
circumstance. To the extent possible, the applicant should provide the
same information as other applicants regarding the number of employees
and affiliates. The applicant should disclose whether the ownership or
management of the new entity had control over other entities with gross
global revenue from pesticides in the prior applicable three-year
period. The Agency will not grant a waiver if it determines that the
entity submitting the application has been formed or manipulated
primarily for the purpose of qualifying for the waiver 

15. After the Agency has granted my request for a small business fee
waiver or reduction on one registration application, how do I request
the waiver or reduction for subsequent registration applications? 

EPA must determine that the applicant meets the statutory criteria for a
small business fee waiver or reduction at the time of the request for
each registration application. Therefore, you must provide a
certification with each registration application. To the extent that
previously submitted documentation is still valid and represents your
company’s current small business status, you can rely on these
materials by reference.

If the previous request occurred during a prior maintenance fee billing
cycle (i.e., prior to January 15)

The applicant must submit all of the necessary documentation supporting
the fee waiver/reduction request as if the request were being made for
the first time. 

If the previous request occurred during the current maintenance fee
billing cycle and the information provided in connection with the prior
request has not changed 

The applicant may reaffirm the information and the underlying
documentation previously submitted by submitting a new certification
statement that could read as follows: 

“I, [INSERT NAME OF UNDERSIGNED], the [INSERT TITLE] of [INSERT NAME
OF APPLICANT], am authorized and have personal knowledge sufficient to
make this certification on behalf of [INSERT NAME OF APPLICANT]. I
hereby certify under penalty of perjury that, since [INSERT WHETHER THIS
IS A WAIVER REQUEST OR A FEE REDUCTION REQUEST] request of [INSERT
DATE], there has been no change in the number of [INSERT NAME OF
APPLICANT]’s employees, entities affiliated with [INSERT NAME OF
APPLICANT] or average gross global revenue from pesticides, including
any such revenue from affiliates and that the documentation submitted in
connection with the request of [INSERT DATE] remains true, complete, and
correct and remains valid.

Applicant’s Name

Applicant’s Signature

Title

Date 

While not required, the Agency asks that the applicant also provide a
copy of the Agency letter granting the fee/waiver reduction as
information in this letter helps the Agency expedite the waiver
decision-making process. 

If the previous request occurred during the current maintenance fee
billing cycle and some of the information provided in connection with
the prior request has changed

The applicant can reaffirm the information and underlying documentation
previously submitted to the extent that there have been no changes and
provide updated documentation with respect to those pieces of
information that have changed. In these instances, the applicant would
provide the following:

A letter indicating what information in the last certification continues
to remain “true, complete, and correct”.

Materials documentation the information that has changed since the last
certification.

A new certification that could read as follows: 

“I, [INSERT NAME OF UNDERSIGNED], the [INSERT TITLE] of [INSERT NAME
OF APPLICANT], am authorized and have personal knowledge sufficient to
make this certification on behalf of [APPLICANT]. I hereby certify under
penalty of perjury that the documentation submitted in connection with
[INSERT NAME OF APPLICANT]’s [INSERT WHETHER THIS IS A WAIVER REQUEST
OR A FEE REDUCTION REQUEST] request is true, accurate, and complete in
all material respects. I further certify under penalty of perjury that,
since [INSERT NAME OF APPLICANT]’s [INSERT WHETHER THIS IS A WAIVER
REQUEST OR A FEE REDUCTION REQUEST] request of [INSERT DATE] there has
been no change in the [INCLUDE APPLICABLE ELEMENTS: number of
employees/entity affiliations/average gross global revenue from
pesticides, including any such revenue from affiliates] and the
documentation submitted in connection with the request of [INSERT DATE]
remains true, complete, and correct and remains valid.”

Applicant’s Name

Applicant’s Signature

Title

Date

While not required, the Agency asks that the applicant also provide a
copy of the Agency letter granting the fee/waiver reduction as
information in this letter helps the Agency expedite the waiver
decision-making process. 

 

Guidance on Minor Use Waivers

1. Under what circumstances am I eligible for a fee waiver or reduction
for an application related to a minor use?

FIFRA section 2(ll) defines the term 'minor use' to mean "the use of a
pesticide on an animal, on a commercial agricultural crop or site, or
for the protection of public health" under certain conditions. These
conditions includes where the total US acreage for the crop is less than
300,000 acres; or the use does not provide sufficient economic incentive
to support the initial or continuing registration of the pesticide for
the use, provided additional criteria are met, such as that the
pesticide plays a significant part in managing pest resistance or in an
integrated pest management program. The Administrator may waive or
reduce a registration service fee if the application meets the statutory
definition of a minor use and the anticipated revenues from the uses
that are the subject of the application must be insufficient to justify
the imposition of the full application fee.

2. What information should I include in my request for a fee waiver or
reduction for minor uses?

The request should be in writing and including the following
information: 

The company name and company number assigned by OPP to the applicant;
the official mailing address under FIFRA; the telephone number and
e-mail or fax number of the contact person regarding the fee waiver or
reduction request.

A certification signed by a responsible officer that the documentation
submitted to support the waiver or reduction request is true, complete,
and correct.

A market analysis that demonstrates the anticipated revenues from the
uses that are the subject of the application should be insufficient to
justify the imposing of the full application fee. 

3. What information should be included in a market analysis for a minor
use waiver or reduction request? 

The Agency is considering what information is appropriate for making a
determination on a request for a minor use waiver or reduction. The
Agency currently believes that the applicant should provide a detailed
market analysis that demonstrates the anticipated revenue is expected to
be insufficient to justify imposition of the full registration fee. In
the market analysis, the applicant should to provide information on the
anticipated revenue for the next three years based on projected market
price and sales volume assumed for the calculation. The applicant should
also provide information of the crops and use sites; primary target
pests; application rates; and other supporting market information
related to product advantage or disadvantages to competing alternatives.


 

Guidance on IR-4 Waivers 

1. Under what circumstances am I eligible for an IR-4 waiver?

Under PRIA, the Agency will waive the registration service fee for an
application that is solely associated with a tolerance petition
submitted by the IR-4 program and if the waiver is in the public
interest. For an application to be considered to be solely associated
with a tolerance petition submitted by IR-4, the section 3 registration
request must be submitted at the same time as the tolerance petition.
The registration application must be accompanied by the notice of filing
for the tolerance petition.

2. How do I request an IR-4 waiver?

To request an IR-4 waiver, you may include the following statement in
Section II -- Explanation of EPA Form 8570-1 (Application for Pesticide
Registration): “This application is being submitted with a tolerance
petition submitted in connection with IR-4. I request EPA to waive the
registration service fee for this application under the IR-4 waiver
provisions at FIFRA Section 33(b)(7)(E).” The IR-4 Program has agreed
to coordinate the submission of requests for IR-4 waivers. If you have
any questions, you may contact Dan Kunkel at IR-4 Headquarters at
732-932-9575, extension 616.

3. Are applications associated with non-food use data submitted by the
IR-4 program eligible for the IR-4 waiver?

No. Under PRIA, Congress explicitly stated that the IR-4 waiver only
applies to applications solely associated with tolerance petitions
submitted by the IR-4 program. Because non-food use applications do not
require the submission of tolerance petitions under the Federal Food,
Drug, and Cosmetic Act, non-food use applications are not eligible for
consideration under the IR-4 waiver provisions. If appropriate, however,
applicants may be eligible for consideration under the minor use waiver
provisions of FIFRA Section 33(b)(7)(D) or the small business waiver
provisions of FIFRA Section 33(b)(7)(F).

4. If I request an IR-4 waiver, when will the decision review period for
my application begin? 

The decision review period will begin on the date the waiver is granted.
Applicants will be notified by mail when the waiver has been granted. 

