

(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. 

