§
136a 
1.
Reregistration
of
registered
pesticides
(
i)
Fees
(
5)
Maintenance
fee
(
A)
In
general. 
Subject
to
other
provisions
of
this
paragraph,
each
registrant
of
a
pesticide
shall
pay
an
annual
fee
by
January
15
of
each
year
for
each
registration,
except
that
no
fee
shall
be
charged
for
more
than
200
registrations
held
by
any
registrant.

(
B)
In
the
case
of
a
pesticide
that
is
registered
for
a
minor
agricultural
use,
the
Administrator
may
reduce
or
waive
the
payment
of
the
fee
imposed
under
this
paragraph
if
the
Administrator
determines
that
the
fee
would
significantly
reduce
the
availability
of
the
pesticide
for
the
use.

(
C)
Total
amount
of
fees. 
The
amount
of
each
fee
prescribed
under
subparagraph
(
A)
shall
be
adjusted
by
the
Administrator
to
a
level
that
will
result
in
the
collection
under
this
paragraph
of,
to
the
extent
practicable,
an
aggregate
amount
of 
(
i)
for
fiscal
year
2004,
$
26,000,000;
(
ii)
for
fiscal
year
2005,
$
27,000,000;
(
iii)
for
fiscal
year
2006,
$
27,000,000;
(
iv)
for
fiscal
year
2007,
$
21,000,000;
and
(
v)
for
fiscal
year
2008,
$
15,000,000.

(
D)
Maximum
amount
of
fees
for
registrants. 
The
maximum
annual
fee
payable
under
this
paragraph
by 
(
i)
a
registrant
holding
not
more
than
50
pesticide
registrations
shall
be 
(
I)
for
fiscal
year
2004,
$
84,000;
(
II)
for
each
of
fiscal
years
2005
and
2006,
$
87,000;
(
III)
for
fiscal
year
2007,
$
68,000;
and
(
IV)
for
fiscal
year
2008,
$
55,000;
and
(
ii)
a
registrant
holding
over
50
registrations
shall
be 
(
I)
for
fiscal
year
2004,
$
145,000;
(
II)
for
each
of
fiscal
years
2005
and
2006,
$
151,000;
(
III)
for
fiscal
year
2007,
$
117,000;
and
(
IV)
for
fiscal
year
2008,
$
95,000.

(
E)
Maximum
amount
of
fees
for
small
businesses. 
(
i)
In
general. 
For
a
small
business,
the
maximum
annual
fee
payable
under
this
paragraph
by 
(
I)
a
registrant
holding
not
more
than
50
pesticide
registrations
shall
be 
(
aa)
for
fiscal
year
2004,
$
59,000;
(
bb)
for
each
of
fiscal
years
2005
and
2006,
$
61,000;
(
cc)
for
fiscal
year
2007,
$
48,000;
and
(
dd)
for
fiscal
year
2008,
$
38,500;
and
(
II)
a
registrant
holding
over
50
pesticide
registrations
shall
be 
(
aa)
for
fiscal
year
2004,
$
102,000;
(
bb)
for
each
of
fiscal
years
2005
and
2006,
$
106,000;
(
cc)
for
fiscal
year
2007,
$
82,000;
and
(
dd)
for
fiscal
year
2008,
$
66,500.
(
ii)
Definition
of
small
business. 
(
I)
In
general. 
In
clause
(
i),
the
term
"
small
business"
means
a
corporation,
partnership,
or
unincorporated
business
that 
(
aa)
has
500
or
fewer
employees;
and
(
bb)
during
the
3­
year
period
prior
to
the
most
recent
maintenance
fee
billing
cycle,
had
an
average
annual
global
gross
revenue
from
pesticides
that
did
not
exceed
$
60,000,000.
(
II)
Affiliates. 
(
aa)
In
general. 
In
the
case
of
a
business
entity
with
1
or
more
affiliates,
the
gross
revenue
limit
under
subclause
(
I)(
bb)
shall
apply
to
the
gross
revenue
for
the
entity
and
all
of
the
affiliates
of
the
entity,
including
parents
and
subsidiaries,
if
applicable.
(
bb)
Affiliated
persons. 
For
the
purpose
of
item
(
aa),
persons
are
affiliates
of
each
other
if,
directly
or
indirectly,
either
person
controls
or
has
the
power
to
control
the
other
person,
or
a
third
person
controls
or
has
the
power
to
control
both
persons.
(
cc)
Indicia
of
control. 
For
the
purpose
of
item
(
aa),
indicia
of
control
include
interlocking
management
or
ownership,
identity
of
interests
among
family
members,
shared
facilities
and
equipment,
and
common
use
of
employees.

(
F)
The
Administrator
shall
exempt
any
public
health
pesticide
from
the
payment
of
the
fee
prescribed
under
paragraph
(
3)
if,
in
consultation
with
the
Secretary
of
Health
and
Humans
[
3]
Services,
the
Administrator
determines,
based
on
information
supplied
by
the
registrant,
that
the
economic
return
to
the
registrant
from
sales
of
the
pesticide
does
not
support
the
registration
or
reregistration
of
the
pesticide.

(
G)
If
any
fee
prescribed
by
this
paragraph
with
respect
to
the
registration
of
a
pesticide
is
not
paid
by
a
registrant
by
the
time
prescribed,
the
Administrator,
by
order
and
without
hearing,
may
cancel
the
registration.

(
H)
The
authority
provided
under
this
paragraph
shall
terminate
on
September
30,
2008.
