Page:United States Statutes at Large Volume 102 Part 3.djvu/713

 PUBLIC LAW 100-532—OCT. 25, 1988

102 STAT. 2665

"(iii) For the purpose of this subparagraph, a small business registrant is a corporation, partnership, or unincorporated business that— "(I) has 150 or fewer employees; and "(II) during the 3-year period prior to reregistration, had an average annual gross revenue from chemicals that did not exceed $40,000,000. "(5) MAINTENANCE FEE.—

"(A) Subject to other provisions of this paragraph, each registrant of a pesticide shall pay an annual fee by March 1 of each year of— "(i) in the case of a registrant holding not more than 50 pesticide registrations, $425 for each registration; and "(ii) in the case of a registrant holding more than 50 pesticide registrations— "(I) $425 for each registration up to 50 registrations; and "(II) $100 for each registration over 50 registrations, except that no fee shall be charged for more than 200 registrations held by any registrant. "(B) 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 $14,000,000 each fiscal year. "(C)(i) The maximum annual fee payable by a registrant under clause (i) of subparagraph (A) (as adjusted under subparagraph (B)) shall be $20,000. "(ii) The maximum annual fee payable by a registrant under clause (ii) of subparagraph (A) (as adjusted under subparagraph (B)) shall be $35,000. "(D) 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. "(E) The authority provided under this paragraph shall terminate on September 30, 1997. "(6) OTHER FEES.—During the period beginning on the date of enactment of this section and ending on September 30, 1997, the Administrator may not levy any other fees for the registration of a pesticide under this Act except as provided in paragraphs (1) through (5).

Termination date.

"(7) APPORTIONMENT.—

"(A) If two or more registrants are required to pay any fee prescribed by paragraph (1), (2), or (3) with respect to a particular active ingredient, the fees for such active ingredient shall be apportioned among such registrants on the basis of the market share in United States sales of the active ingredient for the 3 calendar years preceding the date of payment of such fee, except that— "(i) small business registrants that produce the active ingredient shall pay fees in accordance with paragraph (4)(C); and "(ii) registrants who have no market share but who choose to reregister a pesticide containing such active ingredient shall pay the lesser of—

Small business.

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