Notification, 2018

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

MINISTRY OF AGRICULTURE AND FARMERS WELFARE

(DEPARTMENT OF AGRICULTURE, CO-OPERATION AND FARMERS WELFARE)

NOTIFICATION

New Delhi, the 8th August, 2018

S.O. 3951(E).— Whereas the Central Government in the erstwhile Ministry of Agriculture, Department of Agriculture and Cooperation constituted an Expert Committee on 8th July, 2013 to examine the continued use of or otherwise of neo-nicotinoid pesticides registered in India and the mandate of the Committee, on 19 th August, 2013, was further expanded to review Sixty Six pesticides which are banned or restricted or withdrawn in other countries but continue to be registered for domestic use in India which, after detailed examination submitted its report to the Central Government on the 9th December, 2015;

And whereas the Registration Committee constituted under section 5 of the Insecticides Act, 1968 (46 of 1968) deliberated the Report in its special meeting and submitted its observation to the Central Government in its minute; And whereas, the Central Government, after considering the recommendations of the said Expert Committee and after consultation with the Registration Committee satisfied that the use of eighteen pesticides as specified in the schedule to this Notification are likely to involve risk to human being and animals as to render it expedient or necessary to take immediate action;

And whereas the Draft Order, which the Central Government proposes to make, in exercise of the powers conferred by sub-section (2) of section 27 read with section 28 and sub-section (1) of section 36 of the Insecticides Act, 1968 , was published vide notification of the Government of India in the Ministry of Agriculture and Farmers Welfare ( Department of Agriculture, Cooperation and Farmers Welfare) vide number

S.O. 4212(E), dated 15 th December, 2016, in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section(ii), dated 28th December, 2016 , inviting objections or suggestions from all persons likely to be affected thereby, before the expiry of the period of forty- five days from the date on which the copies of the Gazette of India containing the said notification were made available to the public; And whereas copies of the said Gazette notification were made available to the public on the 28 th December, 2016;

And whereas an Expert Committee was constituted by the Central Government to consider the objections and suggestions received in respect of the said notification which after considering all the objections and suggestions submitted its report to the Central Government on the 16 th July, 2018;

Now, therefore, in exercise of the powers conferred by section 27 read with section 28 of the Insecticides Act, 1968 (46 of 1968), the Central Government after considering the recommendations of the Expert Committee hereby makes the following Order, namely:-

ORDER

1. Short title and commencement. - (1) This Order may be called the Pesticides (Prohibition) Order, 2018

(2) It shall come into force on the date of its publication in the Official Gazette.

2. Prohibition of certain pesticides. -

(1) No person shall manufacture, import, formulate, transport, sell, use any pesticide specified under column (2) of the Schedule to this Order from the date specified under column (3) thereof.

(2) The Registration Committee shall call back the certificate of registration granted for the pesticides specified in the said Schedule.

(3) If any person, who holds the certificate of registration fails to return the certificate to the Registration Committee, referred to in sub-paragraph (2), within a period of three months, action shall be taken under the provisions contained in the said Act.

(4) The certificate of registration for the pesticides specified in the Schedule granted under section 9 of the said Act shall be deemed to be cancelled from the date under column (3) of the said Schedule.

(5) Every State Government shall take such steps under the said Act and the rules made thereunder, as it considers necessary, for the implementation of this Order in the State.

SCHEDULE

[See paragraph 2] List of Prohibited Pesticides S. No. Name of Pesticides Decision of the Central Government

1. Benomyl The registrations, import, manufacture, formulation, transport, sell is prohibited and its use is completely banned from the date of publication of this Order.

2. Carbaryl The registrations, import, manufacture, formulation, transport, sell is prohibited and its use is completely banned from the date of publication of this Order.

3. Diazinon The registrations, import, manufacture, formulation, transport, sell is prohibited and its use is completely banned from the date of publication of this Order.

4. Fenarimol The registrations, import, manufacture, formulation, transport, sell is prohibited and its use is completely banned from the date of publication of this Order.

5. Fenthion The registrations, import, manufacture, formulation, transport, sell is prohibited and its use is completely banned from the date of publication of this Order.

6. Linuron The registrations, import, manufacture, formulation, transport, sell is prohibited and its use is completely banned from the date of publication of this Order.

7. Methoxy Ethyl Mercury Chloride The registrations, import, manufacture, formulation, transport, sell is prohibited and its use is completely banned from the date of publication of this Order.

8. Methyl Parathion The registrations, import, manufacture, formulation, transport, sell is prohibited and its use is completely banned from the date of publication of this Order.

9. Sodium Cyanide The registration, import, manufacture, formulation, transport, sell and its use is completely banned for insecticidal purpose only from the date of publication of this Order.

10. Thiometon The registrations, import, manufacture, formulation, transport, sell is prohibited and its use is completely banned from the date of publication of this Order.

11. Tridemorph The registrations, import, manufacture, formulation, transport, sell is prohibited and its use is completely banned from the date of publication of this Order.

12. Trifluralin (i) The Registration, import, manufacture, formulation, transport, sell and its all uses except use in wheat shall be prohibited and completely banned from date of publication of this Order.

(ii) A cautionary statement has to be incorporated in the label and leaflet that it is toxic to aquatic organism, hence should not be used near water bodies, aquaculture or pisciculture area.

13. Alachlor (i) No new certificate of registration to manufacture shall be issued after publication of this Order.

(ii) No person shall import, manufacture or formulate Alachlor with effect from the 1 st January, 2019.

(iii) The use of Alachlor shall be completely banned with effect from the 31st December, 2020.

(iv) It is toxic to aquatic organism, hence a cautionary statement should be incorporated on label and leaflets “ toxic to aquatic organism hence should not be used near water bodies, aquaculture or pisciculture area

14. Dichlorvos (i) No new certificate of registration to manufacture shall be issued after publication of this Order.

(ii) No person shall import, manufacture or formulate dichlorvos with effect from the January, 2019.

(iii) The use of dichlorvos shall be completely banned with effect from the 31 st December, 2020.

(iv) It is very toxic to aquatic organism, hence a cautionary statement should be incorporated on label and leaflets that it is toxic to aquatic organism, hence should not be used near water bodies, aquaculture or pisciculture area.

(v) A warning may be incorporated in the label and leaflet stating that this product is toxic to honey bees so do not spray during active honey bees foraging period of the day.

15. Phorate (i) No new certificate of registration to manufacture shall be issued after publication of this Order.

(ii) No person shall import, manufacture or formulate Phorate with effect from the 1 st January, 2019.

(iii) The use of Phorate shall be completely banned with effect from the 31 st December,

(iv) It is very toxic to aquatic organism, hence a cautionary statement should be incorporated on label and leaflets that it is toxic to aquatic organism, hence should not be used near water bodies, aquaculture or pisciculture area.

(v) A warning may be incorporated in the label and leaflet stating that this product is toxic to honey bees so do not spray during active honey bees foraging period of the day.

(vi) A cautionary statement should incorporate in label and leaflet that this product is toxic to birds.

16. Phosphamidon (i) No new certificate of registration to manufacture shall be issued after publication of this Order.

(ii) No person shall import, manufacture or formulate Phosphamidon with effect from the 1 st January, 2019.

(iii) The use of Phosphamidon shall be completely banned with effect from the 31 st December, 2020.

(iv) It is very toxic to aquatic organism, hence a cautionary statement should be incorporated on label and leaflets that it is toxic to aquatic organism, hence should not be used near water bodies, aquaculture or pisciculture area.

(v) A warning may be incorporated in the label and leaflet stating that this product is toxic to honey bees so do not spray during active honey bees foraging period of the day.

(vi) A cautionary statement should incorporate in label and leaflet that this product is toxic to birds.

17. Triazophos (i) No new certificate of registration to manufacture shall be issued after publication of this Order.

(ii) No person shall import, manufacture or formulate Triazophos with effect from the st January, 2019.

(iii) The use of Triazophos shall be completely banned with effect from the 31 st December, 2020.

(iv) It is very toxic to aquatic organism, hence a cautionary statement should be incorporated on label and leaflets that it is toxic to aquatic organism, hence should not be used near water bodies, aquaculture or pisciculture area.

(v) A warning may be incorporated in the label and leaflet stating that this product is toxic to honey bees so do not spray during active honey bees foraging period of the day.

(vi) A cautionary statement should incorporate in label and leaflet that this product is toxic to birds.

18. Trichlorfon (i) No new certificate of registration to manufacture shall be issued after publication of this Order.

(ii) No person shall import, manufacture or formulate Trichlorfon with effect from the st January, 2019.

(iii) The use Trichlorfon shall be completely banned with effect from the 31st December, 2020.

(iv) It is very toxic to aquatic organism, hence a cautionary statement should be incorporated on label and leaflets that it is toxic to aquatic organism, hence should not be used near water bodies, aquaculture or pisciculture area.

(v) A cautionary statement should incorporate in label and leaflet that this product is toxic to birds.

ASHISH KUMAR BHUTANI, Jt. Secy.

and Published by the Controller of Publications, Delhi-110054.

RAKESH SUKUL

Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Insecticides Act, 1968