qualified small business entity

(1) 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 average amount of $31,000,000 for each of fiscal years 2019 through 2023. (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 $129,400 for each of fiscal years 2019 through 2023; and (ii) a registrant holding over 50 registrations shall be $207,000 for each of fiscal years 2019 through 2023. (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 $79,100 for each of fiscal years 2019 through 2023; and (II) a registrant holding over 50 pesticide registrations shall be $136,800 for each of fiscal years 2019 through 2023. (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) Fee reduction for certain small businesses.— (i) Definition .— In this subparagraph, the term “qualified small business entity” means a corporation, partnership, or unincorporated business that— (I) has 500 or fewer employees; (II) during the 3-year period prior to the most recent maintenance fee billing cycle, had an average annual global gross revenue from all sources that did not exceed $10,000,000; and (III) holds not more than 5 pesticide registrations under this paragraph. (ii) Waiver .— Except as provided in clause (iii), the Administrator shall waive 25 percent of the fee under this paragraph applicable to the first registration of any qualified small business entity under this paragraph. (iii) Limitation .— The Administrator shall not grant a waiver under clause (ii) to a qualified small business entity if the Administrator determines that the entity has been formed or manipulated primarily for the purpose of qualifying for the waiver. (G) The Administrator shall exempt any public health pesticide from the payment of the fee prescribed under this paragraph if, in consultation with the Secretary of Health and Human 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. (H) 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. (I) The authority provided under this paragraph shall terminate on September 30, 2023 .

Source

7 USC § 136a-1(i)(1)


Scoping language

In this subparagraph
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