1 SOME USEFUL INFORMATION DERIVED FROM PESTICIDES LAWS FOR PESTICIDES TRADERS IN AFGHANISTAN Prof. Dr. Md. Mahbubar Rahman Pesticide Regulation Specialist/International Consultant FAO-IPM Project, HLP, MAIL, Afghanistan
INTRODUCTION TO INFORMATION Source: proposed Pesticides Laws of Afghanistan. Countries benefit following standard rules and regulations in trading and using pesticides. Although late, Afghanistan also is now preparing for adopting Pesticides Laws.
WHAT IS THE NEED OF PESTICIDE LAWS? Pesticides Laws are essential to minimize hazardous effects of pesticides to human, animals and environment and protect the interest of bona fide traders, farmers and of the national economy.
WHAT IS THE FUNCTION OF PESTICIDE LAWS? Pesticide laws are legal instruments to regulate the manufacture, storage, marketing, distribution, labeling, packaging, use and disposal of pesticides in their qualitative, quantitative, health and environmental aspects
WHAT ARE THE PROPOSED PESTICIDES LAWS? The proposed Pesticides Laws of Afghanistan comprise The Pesticides Act 2009 and The Pesticides Rules 2009
WHAT ARE THE MAJOR DIFFERENCES BETWEEN EXISTING LAW AND PROPOSED LAWS? Existing Law is only a Regulation and does not cover Registration requirements and registration procedures Pesticides other than agricultural pesticides Many other ministries, departments and organizations related to pesticides International compliances Many essential rules related to storage, distribution, quality control, trading, legal action etc.
PROPOSED PESTICIDES LAWS WILL REGULATE EVERY ASPECT AND STAGE OF PESTICIDE TRADING AND USE
WHAT IS PESTICIDE? According to Pesticides Law, pesticide means any substance or mixture of substances intended for preventing, destroying or controlling any pest, including vectors of human and animal disease, unwanted species of plants or animals causing harm during or otherwise interfering with the production, processing, storage, transport or marketing of food, agricultural commodities, wood and wood products or animal feedstuffs, or substances which may be administered to animals for the control of insects, arachnids or other pests in or on their bodies.
TYPES OF PESTICIDES COVERED UNDER THE PROPOSED LAW Agricultural Pesticides Insecticides Miticides Fungicides Herbicides Nematicides Rodenticides Public Health Pesticides Household Pesticides Industrial Pesticides
TARGET PESTS AND PESTICIDES Agricultural Pesticides Insecticides Miticides Rodeniticides Public health Pesticides Household Pesticides Fungicides Nematicides Herbicides Industrial pesticides
PROCESSES REGULATED THROUGH PESTICIDES LAWS PRE- REGISTRATION PROCESS REGISTRATION PROCESS PUNISHMENT/ LEGAL ACTION POST- REGISTRATION MONITORING/ INSPECTION LICENSING PROCESS IMPORT CONTROL PROCESS
PESTICIDES REGULATION THROUGH REGISTRATION LABELING LICENSE AND IMPORT CONTROL & PROHIBITION
WHY REGISTRATION OF PESTICIDE IS NEEDED? A pesticide product needs registration in order to be lawfully: imported manufactured packed re-packed labeled stored sold distributed possessed or used in the country
REGISTRATION REQUIREMENT Nobody can import, re-pack, store or sell any pesticide, which is not registered in Afghanistan
WHAT IS REGISTRATION? An essential part of Pesticide Law is to establish a mandatory pesticide registration scheme. Registration means the process whereby the competent national authority approves the import, sale and use of a pesticide following the evaluation of comprehensive scientific data demonstrating that the product is effective for intended purposes and does not pose an unacceptable risk to human or animal health or the environment. One brand shall be registered for only one trader; One active ingredient (a.i.) may have several brand names; The brand names of an a.i. should be distinctly different.
WHO ARE THE PESTICIDE LAW IMPLENTING AGENCIES? WO IS THE PESTICIDE REGISTRATION AUTHORITY?
Afghanistan Pesticide Technical and Advisory Board (APTAB) Pesticide Registration Committee and Authority (PRC&A) Sub-Pesticide Technical Advisory Committee (Sub-PTAC) Transit & Border Authority Pesticide Regulation Officer Pesticide Quality Control & Admin Wing Pesticide Quality Control Laboratory Pesticide Analysts Pesticide Inspectors Licensing Officer Magistrate /Court
WHO WILL GET THE PESTICIDES REGISTERED?
AN IMPORTER WILL GET A BRAND OF PESTICIDE REGISTERED IN HIS COMPANY S NAME
WHAT ARE THE STEPS IN PESTICIDE REGISTRATION?
STEPS IN PESTICIDE REGISTRATION Provisional Clearance Submit Application with Incomplete data, Incomplete Label, Sample and Fees Committee Approves Pending Inquiry & Efficacy Evaluation Obtain Certificate Obtain License Import/Market 2 Years Complete Data/Resubmit Application Registration Submit Application with Complete data, Complete Label, Sample and Fees Committee Undertakes Full Evaluation including Efficacy, Label, Approves Obtain Registration Certificate Obtain License Certificate/ License Cancelled Apply for Rene wal after 3 Years
WHO CAN APPLY FOR REGISTRATION? Any person interested in pesticide business; For fresh business, should show plan for manpower, manufacturing facility (if applied for manufacturing), storage, sale shop, etc., these must be completed to obtain license; For those already in business, must have all those facilities.
WHICH PESTICIDES ARE ELIGIBLE FOR PROVISIONAL CLEARANCE & REGISTRATION?
ELIGIBILITY CRITERIA OF PESTICIDES FOR PROVISIONAL CLEARANCE & REGISTRATION/USE Not extremely ( Class 1a) and highly hazardous (Class 1b) to human, animal and environment as per WHO Classification; Not POPs and not on PIC Procedure List; Not listed as obsolete pesticides; Not banned in any country; Class II (Moderately hazardous), III (Slightly hazardous) and U (Unlikely to present hazard) Most preferably those under U
CLASSIFICATION OF PESTICIDES BASED ON TOXICITY/HAZARDS (WHO) 1a : Extremely hazardous (red band) 1b : Highly hazardous (red band) II : Moderately hazardous (yellow band) III: Slightly hazardous (green band) U : Unlikely to present any hazard *O: Obsolete pesticides
MAJOR MEANS FOR GETTING A PESTICIDE REGISTRATION OR PROVISIONAL CLEARANCE BRING SAMPLES OF PESTICIDES BELONGING TO WHO CLASS II, III and U FOR REGISTRATION SUBMIT SAMPLES FOR REGISTRATION REGISTRATION AUTHORITY PROVIDES PROVISIONAL CLEARANCE REGISTRATION AUTHORITY CONDUCTS TESTS AND EFFICACY TRIALS APTAB APPROVES REGISTRATION
REGISTRATION ISSUING TIME TWO YEARS TIME IF ALL CRITERIA ARE SATISFIED Environmental Clearance Positive Efficacy trial report
DO NOT REGISTER POPs & PIC Pesticides Obsolete pesticides WHO Class 1A & Class 1B Pesticides BHC OCs DDVP Phosphamidon Captafol Binapacryl
BIOPESTICIDES & OTHER SAFER PESTICDES REGISTER THEM
REGULATE LABELING
Each registered brand of pesticide must have label (size, languages, system of weights and measures, and contents approved by the Registration authority before it is marketed
CONTENTS OF LABEL Distinguishing name of the product, Names of all the active ingredients using their common name(s); Directions for use as approved by the Board; Warning and cautionary statements, including where required signs and symptoms of poisoning and information on appropriate safety, health and first aid measures; Instructions on disposal of used pesticide containers and information on disposal of spills, as may be required; Any appropriate warning symbols/pictograms; The registration number; Name and address of the holder of the registration certificate or, of the provisional clearance; Date of formulation and the batch number: Any other statement that may be required as per the Rules framed under this Act.
IMPROPER LABELING
ESSENTIAL LABELING REQUIREMENTS Local Language in Addition to Foreign Language DANGER
PROPER LABELING center panel Primary Display Panel side panels Secondary Display Panel PROCLAIM 40EC Syngenta Syngenta
REGULATE PACKAGING
PROPER CONTAINER IMPROPER CONTAINER New Drum No leakage Old Drum Leakage
REGULATE LICENSE FOR TRADING
REQUIREMENT OF LICENCE For Import License must have provisional registration or registration certificate; Apply in prescribed Form with all necessary information and fees to the Licensing Officer; Licensing Officer may grant a licence on such Form, on such conditions and on payment of such fee as may be prescribed under the Rules For distributorship, dealership or retailing, specific License should be obtained For each type of license, there are specific requirements.
REGULATE IMPORT
CONTROL OF IMPORT The Government shall assign the Transit and Border Authority and the Ministry of Commerce the responsibility of prohibiting the entry of any unregistered/non-permitted pesticides. The Board shall assist the Transit and Border Authority by certifying the appropriateness of the lot for which permission for import has been granted.
IMPORT PERMISSION/PROHIBITION No person shall import: unregistered, misbranded, substandard or spurious pesticides; pesticide the sale, distribution or use of which is for the time being prohibited; pesticide except in accordance with the condition on which it was registered; pesticide in contravention of any other provision of this Act or of the Rules.
REGULATE OR CONTROL QUALITY
QUALITY CONTROL AUTHORITY Pesticide Quality Control and Administration Wing Pesticide Quality Control Laboratory Pesticide Analysts Pesticide Inspectors
REGULATE STORAGE
IMPROPER COMMERCIAL STORAGE Not ventilated; floor not concrete or leaching proof; Not lighted; Not properly stacked; Not Away from residential area
PROPER COMMERCIAL STORAGE Well ventilated; Concrete or leaching proof floor; Well lighted; Properly stacked; Away from residential area
PROPER COMMERCIAL STORAGE Well ventilated; Concrete or leaching proof floor; Well lighted; Properly stacked; Away from residential area
REGULATE MARKETING
IMPROPER WAY OF SELLING PESTICIDE Same shop selling both pesticides and food items (Both) Same person without protective cloths selling both pesticides and food items (Both) Pesticide in Xylene Bottle (Right)
PROPER WAY OF SELLING PESTICIDE Sell only Pesticides in a Shop Stack Properly in Display Shelf Do Not Sell and Buy Damaged Container Do Not Sell and Buy Date Expired Pesticide
PROPER HANDLING
PROPER DISPOSAL Collect All in One Place and Carry to Selected Place
LIST OF PESTICIDES BANNED AND/OR ON THE LIST OF PIC (ROTTERDAM CONVENTION) AND POP (STOCKHOLM CONVENTION) Banned by a Party of Rotterdam and thus on PIC Procedure List: 29 Banned by Stockholm : 09
List of pesticides banned and/or on the list of PIC and POP Sl. # Name of Pesticide/ Pesticide Formulation WHO Class EPA Class Category 1 2,4, 5-T O PIC 2 Aldrin O S, PIC 3 Benomyl+Carbofurn+ Thiram Formulation U+1b+III IV+I+III PIC 4 Benzene Hexachloride 1a II S, PIC 5 Binapacryl O PIC 6 Captafol 80% Powder 1a IV PIC 7 Chlordane II II S, PIC 8 Chlordimeform O PIC
Sl. # Name of Pesticide/Pesticide Formulation WHO Class EPA Class Category 9 Chlorobenzilate O PIC 10 DDT II II S, PIC 11 Dieldrin O S, PIC 12 Dinoseb O PIC 13 DNOC and its salts 1b I PIC 14 Endrin O S 15 Ethylene Dibromide (EDB) FM PIC 16 Ethylene dichloride O PIC 17 Ethylene Oxide PIC
Sl. # Name of Pesticide/Pesticide Formulation WHO Class EPA Class Category 18 Fluoroacetamide 1b PIC 19 20 HCH Formulation of Parathion 1a I PIC 1a II PIC 21 Heptachlor II S, PIC 22 Lindane 23 Mercury Compounds II II PIC 1a I PIC 24 Methamidophos formulation 1b I PIC
Sl. # Name of Pesticide/ Pesticide Formulation WHO Class EPA Class Category 25 Methyl Parathion 1a I PIC 26 Mirex O S 27 Monocrotophos and its formulation 1b I PIC 28 Parathion 1a I PIC 29 Pentachlorophenol III PIC 30 Phosphamidon 85% SL 1a I PIC 31 Toxaphene O PIC, S PIC: Prior Informed Consent Procedure List (Rotterdam Convention) POP : Persistent Organic Pollutants (Stockholm Convention List)