Unlike past continuing budget resolutions which included the extension of PRIA, the Omnibus Package approved by Congress on February 14th and signed by the President on February 15th did not include an extension of PRIA. This means that even though EPA will has an approved budget for FY2019, PRIA itself expired at 12:00 AM February 16th. The termination clause within PRIA provides for reduced fees (see below) until requirements to pay and collect all registration fees terminates by September 30, 3019. BPIA continues to work with the PRIA Coalition to encourage the passage of PRIA 4 or PREA (Pesticide Registration Enhancement Act). There is support for PRIA within Congress but the pressing issue to avoid another government shutdown may have eclipsed our industry’s issues.
EPA is not expected to shut down the pesticide registration portal. EPA shut down the portal during the 36-day government shut down due to a lapse in federally appropriated funding, rather than the expiration of PRIA. Any actions submitted after midnight tonight will be subject to 30% of the PRIA fee and there will not be any associated PRIA timeframes. If PRIA is reauthorized (PRIA 4 becomes law), and registrants want PRIA timeframes for actions submitted between February 16th and the time PRIA is re-instated, registrants would need to withdraw the action and re-submit it under PRIA 4. In the case of such a withdrawal, EPA will keep 25% of the submission fee.
Current law provides the following regarding termination and phaseout of PRIA:
(m) TERMINATION OF EFFECTIVENESS.-
(1) IN GENERAL.-Except as provided in paragraph (2), the
authority provided by this section terminates on September 30, 2017.
(2) PHASE OUT.-
(A) FISCAL YEAR 2018.-During fiscal year 2018, the requirement to pay and collect registration service fees applies, except that the level of registration service fees payable under this section shall be reduced 40 percent below
the level in effect on September 30, 2017.
(B) FISCAL YEAR 2019.-During fiscal year 2019, the requirement to pay and collect registration service fees applies, except that the level of registration service fees payable under this section shall be reduced 70 percent below
the level in effect on September 30, 2017.
(C) SEPTEMBER 30, 2019.-Effective September 30,
2019, the requirement to pay and collect registration service fees terminates.
See the full Federal Insecticide, Fungicide, and Rodenticide Act here.