Notification, 2019

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

EXTRAORDINARY

PUBLISHED BY AUTHORITY

MINISTRY OF AGRICULTURE AND FARMERS WELFARE

(Department of Agriculture, Cooperation and Farmers Welfare)

NOTIFICATION

New Delhi, the 11th October, 2019 G.S.R .782(E).— Whereas the draft rules further to amend the Insecticides Rules, 1971, was published, as required by section 36 of the Insecticides Act, 1968 (46 of 1968) vide notification of the Government of India in the Ministry of Agriculture and Farmers Welfare (Department of Agriculture, Co-operation and Farmers Welfare) number

G.S.R. 10 (E), dated the 1 st January, 2019, in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (i), inviting objections or suggestions from all persons likely to be affected thereby, before the expiry of a period of thirty days from the date on which the copies of the Gazette of India in which the said notification was published were made available to the public;

And whereas, copies of the said notification were made available to the public on 4 th January, 2019;

And whereas, objections or suggestions received from the public on the said draft rules have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 36 of the Insecticides Act, 1968 (46 of 1968), the Central Government hereby makes the following rules further to amend the Insecticides Rules, 1971, namely :—

RULES

1. (1) These rules may be called the Insecticides (Third Amendment) Rules, 2019.

(2) They shall come into force on the date of their publication in the Official Gazette: Provided that all persons with valid certificates of registration granted before the date of coming into force of these rules shall, within a period of six months from this date, apply to the Secretariat, Central Insecticides Board and Registration Committee, for the approval of labels and leaflets that have been amended in accordance with these rules:

Provided further that no person shall use a label or leaflet that has not been amended in accordance with these rules after the expiry of one year from the date of coming into force of these rules: Provided also that no insecticide or its package bearing a label or leaflet that has not been amended in accordance with these rules shall be distributed, sold, exhibited for sale or stocked, after the expiry of two years from the date of coming into force of these rules.

2. In the Insecticides Rules, 1971 (hereinafter referred as the said rules) in rule 18, in sub rule (l),

(a) in clause (k), the word “detailed” shall be omitted;

(b) in clause (m),—

(i) in the opening paragraph for the word “ crop” the words “ crop or recommended other use, whichever is applicable” shall be substituted;

(c) In clause (m),-

(ii) for sub-clause (i), the following sub-clause shall be substituted, namely:-— “ (i) weather conditions in general”;

(iii) for sub-clause (ii), the following sub-clause shall be substituted, namely:— “ (ii) soil and water, wherever applicable”;

(iv) for sub-clause (vii), the following sub-clause shall be substituted, namely:—

(v) “ (vii) dosage (include gram active ingredient formulation and dilution in litres )”;

(d) in clause (u), after the words “shall be” the words “secured to primary pack or” shall be inserted;

3. In the said rules, in rule 19, for sub-rule (1), the following sub-rule shall be substituted, namely:— “(1) (i) The label shall have either one, two or three panels and shall be printed only in English and Hindi languages unless stated otherwise. The minimum size of all the label panels shall be according to the size affixed on the face of the package. There shall be three types of labels depending on the net content: I. Ultra small package-1gm or ml to 50 gm or ml III. Big package->250 gm or ml The following information shall be printed on the label:—

(a) name of insecticide (brand name or trade name under which the insecticide is sold). The brand name shall not be of bigger size than 1.5 times size of common name and it should occupy not more than 20% of area of the face of the panel. The brand name shall be in bold;

(b) common name as approved by Registration Committee;

(c) instructions to “Read Leaflet Before Use” shall be placed on the top of the label in bold, in a prominent place at least in English and Hindi languages in all package sizes. In addition, for big pack size in all such regional languages where it is proposed for sale;

(d) directions for use, manner and time of application, list of crops or target area and broad category of pests on which it is registered to apply;

(e) dosage (include gram active ingredient, formulation and dilution in litres and area);

(f) purpose of the chemical shall be mentioned on the label, for example:—

(i) for Agricultural Use

(ii) for Pest Control Operators

(iii) for House Hold Use

(iv) for Public Health

(g) optimal re-entry period after each application of insecticide as approved by the Registration Committee;

(h) safety precautions as approved by Registration Committee;

(i) composition of the formulation or insecticides;

(j) symptoms of poisoning and first aid;

(l) name of the manufacturer;

(m) imported and re-packed by (wherever applicable);

(o) registration number of the insecticide;

(p) manufacturing license number;

(t) Maximum Retail Price (MRP) Inclusive of all taxes;

(u) net content weight or volume (in metric system);

Note I: The provisions of the Legal Metrology (Packaged Commodities) Rules 2011 shall be applicable for

(i) Not to be used for any purpose other than those subscribed on label and leaflets;

(ii) Destroy the container after use as directed on leaflet;and

(iii) Any other warning or cautionary statement as approved by Registration Committee;

(w) Customer care details such as Company’s name, QR Code, e-mail id and customer care numbers. Note II: The provisions of (w) are in addition to the Legal Metrology (Packaged Commodities) Rule, 2011. Additional information can be added to the Label after approval by the Registration Committee. All relevant safety pictograms (refer picture I in the THIRD SCHEDULE) of size not less than one square centimetre at the bottom of the label in respect of labels of minimum size. Pictograms shall be proportionately bigger in respect of labels of bigger size at the bottom of the right side panel. They shall be printed only once on the label. For ultra small and small labels the pictograms on the primary pack shall be printed on primary or the secondary pack.

(ii) The label shall be printed legibly with indelible ink in English and Hindi languages unless stated otherwise in the font sizes not less than the size prescribed as below:

Package Size Primary Secondary Big 7 7 7 7 Small 5 6 7 7 Ultra small 5 6 7 7

(iii) (a) The ultra small or small packages shall also be packed in a secondary pack whose label shall be printed with indelible ink displaying all contents of clause (i) of sub-rule (1) of rule 19.

(b) The label of the big package shall be printed with indelible ink displaying all contents of clause (i) of sub-rule (1) of rule 19. The big package may also be packed in a secondary pack.

(iv) (a) In case where the sachets, packets or containers are small (for sizes between 51 and 250 gm or ml) the following details shall be printed with indelible ink on primary package, namely:-

1. brand name;

2. common name;

3. name and address of the manufacturer ;

4. imported and re-packed by (wherever applicable);

5. antidote;

6. registration number;

7. manufacturer’s license number;

8. batch number;

9. manufacturing date;

10. expiry date;

11. maximum retail price (MRP inclusive of all taxes, in rupees);

12. net content weight or volume (in metric system); and

13. customer care details.

(b) In case where the sachets, packets or containers are ultra-small (for sizes between 1 and 50 gm or ml) the following details shall be printed with indelible ink on primary package, namely:-

1. brand name;

2. common name;

3. name and address of the manufacturer;

4. imported and re-packed by (wherever applicable);

5. antidote;

6. registration number;

7. manufacturer’s license number;

8. batch number;

9. manufacturing date;

10. expiry date;

11. net content weight or volume (in metric system); and

12. maximum retail price (MRP inclusive of all taxes, in rupees).

(v) The model labels (one panel, two panel and three panel) shall be as per the pictures II, III, IV and V given in the

THIRD SCHEDULE .

(4) In the said rules, for the “THIRD SCHEDULE” the following Schedule shall be substituted, namely:- “THIRD SCHEDULE (see rule 19) PICTURE I: SAFETY PICTOGRAMS

CORROSIVE FLAMMABLE SOLID

FLAMMABLE (WATER

REACTIVE)

IRRITANT

EXPLOSIVE FLAMMABLE LIQUID

SPONTANEOUS

COMBUSTIBLE

OXIDIZING SUBSTANCE

STORAGE, ACTIVITY, ADVICE AND WARNING

PICTURE II A: MODEL LABEL FOR ONE PANEL (Applicable for 1 to 50 gm or ml Primary package labels) Read leaflet before use (at least in English and Hindi) Brand Name® Common name:

Antidote:

“Diamond shape square-symbol, signal word and warning statements and any other information as per sub- rule (3), (4), (5), and (6) of Rule19” Name and Address of manufacturer:

Imported and repacked by (wherever applicable):

Registration No:

Mfg Lic. No:

Batch number:

Mfg. Date:

Expiry date:

Net content: weight or volume (in metric system) M.R.P. Similar content as above in Hindi PICTURE II B: MODEL LABEL FOR ONE PANEL (Applicable for 51 to 250 gm or ml Primary package labels) Read leaflet before use (at least in English and Hindi) Brand Name® Common name:

Antidote: “Diamond shape square-symbol, signal word and warning statements and any other information as per sub- rule (3), (4), (5), and (6) of Rule19” Name and Address of manufacturer:

Imported and repacked by (wherever applicable):

Registration No:

Mfg Lic. No:

Batch number:

Mfg. Date:

Expiry date:

M.R.P.

Net content: weight or volume (in metric system) Customer care details:

Similar content as above in Hindi PICTURE III: MODEL LABEL FOR ONE PANEL (Applicable for 1 to 50 gm or ml and 51 to 250 gm or ml secondary package Label) Read Leaflet Before Use (at least in English and Hindi):

Brand Name® Common name:

Crops and Pest Groups:

Dosage;

Direction for use:

Manner and time of application:

Purpose:

Re-entry:

Composition of the formulation/insecticide:

Safety Precautions:

Symptom of Poisoning:

First Aid:

Antidote Statement:

Cautionary statements:

“Diamond shape square-symbol, signal word and warning statements and any other information as per sub- rule (3), (4), (5), and (6) of Rule19” Name and Address of manufacturer:

Marketed by:

Imported and Repacked by (wherever applicable):

Registration No:

Mfg. Lic. No:

Batch Number:

Mfg. Date:

Expiry Date:

MRP incl. of all taxes. Rs.

Net Content: weight or volume (in metric system) Customer Care details:

PICTOGRAMS Similar content as above in Hindi PICTURE IV: MODEL LABEL FOR TWO PANELS (Applicable for > 250 gm or ml Primary package Labels and 1 to 50 gm or ml, 51 to 250 gm or ml and > 250 gm or ml secondary package) Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Customer Care details:

Registration No.

Mfg. Lic. No.

Batch No.

Mfg. Date Expiry Date:

MRP incl. of taxes. Rs.

Net content: weight or volume (in metric system)

PICTOGRAMS

Brand Name® Common name:

Crops and Pest Groups:

Dosage;

Direction for use:

Manner and time of application:

Purpose :

Re-entry:

Composition of formulation/ insecticide:

“Diamond shape square-symbol, signal word and warning statements and any other information as per sub- rule (3), (4), (5), and (6) of Rule19” Safety Precautions:

Symptoms of Poisoning:

First Aid:

Antidote:

Cautionary statement:

Similar Content as above in Hindi Name and address of Manufacturer:

Marketed by:

Imported & Repacked by (wherever applicable):

PICTURE V: MODEL LABEL FOR THREE PANELS (Applicable for > 250 gm or ml labels primary and secondary package and monocartons) Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Read Leaflet before use Customer Care details:

PICTOGRAMS

Brand Name® Common name:

“Diamond shape square-symbol, signal word and warning statements and any other information as per sub- rule (3), (4), (5), and

(6) of Rule19” Name and address of Manufacturer:

Marketed by:

Imported & Repacked by (wherever applicable):

Registration No.

Mfg. Lic. No.

Batch No.

Mfg. Date:

Expiry Date:

MRP incl. of taxes. Rs.

Net content:

Crops and Pest Groups:

Dosage;

Direction for use:

Manner and time of application:

Purpose :

Re-entry:

Composition of formulation/ insecticide:

Safety Precautions:

Symptoms of Poisoning:

First Aid:

Antidote:

Cautionary statement:

Similar Content as above in Hindi

(5) In the said rules, in rule 19, for sub-rule (7), the following sub-rule shall be substituted, namely:- “(7) The label shall be printed at least in English and Hindi languages unless stated otherwise. The leaflets attached to the package containing insecticides shall be printed in Hindi, English and such regional languages in use in the areas where the said packages are likely to be stocked, sold or distributed”. [F. No. 13035/21/2013-PP.I (Vol. III)] ATISH CHANDRA, Jt. Secy.

Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number

G.S.R. 1650(E), dated the 19 th October, 1971 and subsequently amended vide:-

23.

G.S.R.11(E), dated 4th January, 2019 and and Published by the Controller of Publications, Delhi-110054.

ALOK KUMAR

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