EPA Re-Invoicing Annual Pesticide Registration Maintenance Fee to Meet Statutory Direction

Released on January 13, 2023

The U.S. Environmental Protection Agency (EPA) is notifying pesticide registrants that the Agency will soon be sending supplemental invoices to reflect the new annual pesticide registration maintenance fee for fiscal year 2023. To meet new statutory requirements in the Pesticide Registration Improvement Act of 2022 (PRIA 5), which was signed into law on December 29, 2022, the revised fee for fiscal year 2023 for each registered pesticide product will be $4,875, increased from the $3,400 level specified in the EPA invoices provided in early December 2022.

PRIA 5 directs EPA to collect, to the extent practicable, an average amount of $42 million in pesticide registration maintenance fees annually for fiscal years 2023-2027. The previous collection target for fiscal year 2023 under the Pesticide Registration Improvement Extension Act of 2018 (PRIA 4) was $31 million. Additionally, maximum payment caps and small business caps are increased in PRIA 5 and will be reflected in the forthcoming reinvoicing.

All registrants with FIFRA Section 3 and Section 24(c) pesticide product registrations will receive an email to notify them of this change. Registrants will need to access their product filing forms, pay any outstanding portion of the revised maintenance fees, and return completed documents to EPA. If your company has already made payment to the EPA in response to the earlier invoicing, your company will need to provide the difference between that initial payment and the amount owed under the supplemental invoicing. As PRIA 5 was enacted following EPA’s initial invoicing and shortly before the statutory payment deadline of January 17, 2023, EPA understands that registrants may encounter difficulties with timely payment of appropriate fiscal year 2023 maintenance fees, but encourages registrants to submit the required fee and form to EPA as soon as possible after the supplemental invoicing. EPA also encourages registrants to reach out to the Agency with any questions or concerns.