In this article, Vatsala Sharma discusses the Key Highlights of Pesticides Management Bill, 2017.

Introduction

With the growth of population in India, there has been a subsequent increase in the mouths to feed and thus ultimately the increase in production of crops.

• For the better production of crop, in recent years there has been a tremendous increase in the use of pesticides. The demand for pesticides has increased from 53882 metric ton in the year 2012-2013 to 68487 metric ton in the year 2016-2017 in the entire nation whereas the consumption has increased from 55540 metric ton in the year 2010-2011 to 57000 metric ton in the year 2016-2017.
• Thus, the need of the hour is better and effective legislation to regulate this increasing use of pesticides. Therefore, the Pesticides Management Bill, 2017 has come into picture with certain aims for better regulation of the pesticides.

The Pesticides Management Bill, 2017 aims to regulate the import, manufacture, export, storage, sale, transport, distribution, quality and use of pesticides with a view to—

• control pests;
• ensure availability of quality pesticides;
• allow its use only after assessing its efficacy and safety;
• minimize the contamination of agricultural commodities by pesticide residues;
• create awareness among users regarding safe and judicious use of pesticides,
• to take necessary measures to continue, restrict or prohibit the use of pesticides with a view to prevent its risk on human beings, animals or environment.

History of the Bill

• • In the year 1958, a commission of enquiry was appointed by the central government. After the deaths in Kerala and Madras, by poisoning through the consumption of imported wheat contaminated by pesticides accidentally which was shipped together with food grains, there was need for some serious remedial measures.
  • An expert committee of Indian Council of Agricultural Research (ICAR) headed by Prof. M.S Thacker studied the whole question of Pesticide use and prevailing legislation from 1964 to 1967.
  • On the recommendations of the expert committee, a comprehensive Insecticides Act was passed in 1968 to regulate the import, manufacture sale, transport, distribution and use of insecticides.
  • Thus the Insecticides Act came into force on 1st August 1971.
  • But due to the alarming rate of pesticides related deaths such as death of children who consumed mid-day meal in Bihar due to high level of pesticides intake and the death of more than 30 farmers due to infection caused by spraying of pesticides on the fields in several districts of Maharashtra again brought the attention towards pesticide regulation.

• Thus, to replace the Insecticides Act, 1971 and to bring an altogether a new legislation rather than just a set of amendments came the Pesticides Management Bill, 2008.

• After the demand for certain changes in and suggestions made by the standing committee of the Parliament came a new draft named Pesticides Management Bill, 2017 which was passed for comments on 19th February 2018.

Highlights of the Bill

• The Pesticides Management Bill seeks to replace the Insecticides Act, 1968.
• The draft came into wake of several pesticide-related deaths in recent months.
• The draft bill proposes an increase in penalties on sale of spurious, substandard and misbranded pesticides and gives State Governments more power to deal with the issue and take action against them.
• The draft contains clauses relating to allowance of provisional registration of new pesticides in India in case of “national exigency” for a period of 2 years.
• The draft provides for punishment to anyone who ‘uses’ a pesticide in contravention to the provisions of this Act.
• The proposed Bill provides for paying of compensation to the affected farmers or users under the provisions of Consumer Protection Act, 1986.
• The Bill contains detailed clauses for registration of new molecules.
• It has also tightened the guidelines for registration and licensing of new molecules.
• It includes a broader category of offences and provisions for paying compensation to the farmers.
• The state government has to report all cases of poisoning to the centre on a quarterly basis according to the draft.
• States can ban chemical pesticides for up to 6 months, unlike the current provision which allows ban for up to 2 months.
• According to the bill, the maximum punishment for violation (such as sale of prohibited or spurious pesticides) is a penalty of up to 50 lacs and up to five years’ imprisonment due to which the pesticide industry is concerned.

Authorities under the Bill

Offices set up under the Central Government

Offices set up under the State Government

Registration of Pesticides under the Pesticides Management Bill

The procedure to be followed for the registration of the pesticides as according to the Bill is as under

• Application to the Registration Committee

Any person who desires to import, export or manufacture any pesticide has to apply to the Registration Committee for the registration of such pesticide. There has to be separate application for each pesticide.

The application should be in the prescribed form and should include all the particulars including claims regarding expected performance, efficacy and safety along with the details relating to the usage, infrastructure available or proposed to be made available to manufacture and to stock such pesticide.

It shall be the responsibility of all applicants to provide complete information on all the known inimical effects of the pesticide on human beings, animals and the environment.

• Enquiry by the Registration Committee

The committee will enquire on all such matters it considers necessary after receiving a receipt of the application being complete in all respects for the registration of a pesticide.

The committee shall satisfy itself that the pesticide to which the application relates conforms to the claims made by the importer, manufacturer or exporter relating to the expected performance and efficacy of the pesticide as well as its safety to human beings, animals and environment, and availability or provision of requisite minimum infrastructure to manufacture and stock that pesticide.

• Registration

On being satisfied of the fulfillment of all the above conditions, the registration committee shall register such pesticide.

No pesticide will be registered for import or manufacture unless tolerance limits are specified for its residues on crops and commodities as according to the Food Safety and Standards Act, 2006.

Insecticides registered under the provisions of the Insecticides Act, 1968, immediately before the commencement of this Act, shall be deemed to be the registered pesticides under this Bill.

• Allotment of registration number

After the registration has been made, a registration number will be alloted to the applicant on the payment of a prescribed fee.

• Issuance of certificate of Registration

After the registration number has been alloted to the applicant, a certificate of registration will be issued to him as a token within a prescribed period.

Refusal to register the pesticides

The Registration Committee may refuse to register the pesticide on following grounds:

• If the precautions that were claimed by the applicant as being sufficient to ensure safety to human beings or animals cannot be easily observed.
• If the use of the pesticide involves serious risk to human beings or animals or environment.
• If infrastructure to manufacture or stock that pesticide is inadequate.

Suspension or cancellation of registration by the Registration Committee

The registration certificate shall stand cancelled on the following grounds after giving the registrant a reasonable opportunity to be heard :

• If the Registration Committee, either suo motu or otherwise, is prima facie satisfied of violation of any provision of the Act, any rules or of the conditions of certificate of registration.
• If the registrant fails to submit a copy of the manufacturing licence and satisfy the Registration Committee of having set up necessary manufacturing facilities and started production of that pesticide within a period of three years in case of manufacture.
• If the registrant fails to submit a copy of the licence to manufacture, stock, distribute or sale within a period of one year in case of import.
• If the infrastructure is found inadequate in case of an inspection of the manufacturing premises or processing facility of that registrant with respect to adequacy of infrastructure to manufacture and stock.
• If there is an adverse impact of a pesticide of a particular registrant on crops, human beings, animals or environment the registration committee may cancel the registration by its own motion or on receiving evidence of such adverse impact, to minimize the risk of such adverse impact through risk assessment or risk benefit analysis.
• If it is found by way of an inspection that the facility of manufacturing and laboratory are sub-standard or that the capacity is inadequate for manufacture of registered pesticide, certificate of registration shall be cancelled by the Registration Committee.
• If it is found that the data submitted by the applicant is false or misleading or has been deliberately suppressed, such registration shall be cancelled by the Registration Committee,
• If on the ground of efficacy and safety, the registration of the pesticides is cancelled under sub- section (4).

Licensing of pesticides

Who can apply?

• Any person who desires to manufacture, sell, stock or exhibit for sale, distribute any pesticide or to undertake commercial pest control operations with the use of any pesticide.
• who possess the prescribed qualifications himself or is possessed by any other employee.

If the above conditions are fulfilled, one may make an application to the licensing officer for grant of a licence.

How to apply

• Application shall be made in the prescribed form and shall contain all the prescribed particulars.
• It shall be complete in all respects.
• Payment of prescribed fees shall be made. While prescribing fees for the grant or renewal of licences under this section, different fees may be prescribed for the sale or distribution of pesticides for domestic use and for other purposes.

On receipt of the above requirements, the licence officer shall grant a licence within a period of 3 months from the date of receipt.

The licence shall be issued for a particular period which has to be renewed from time to time.

A separate license shall be issued for manufacturing stocking, distributing or sale of household pesticide.

Revocation or suspension of licence

If the licensing officer is satisfied, either on a reference made to him in this behalf or by himself of the following, he shall revoke or suspend the licence after giving the holder an opportunity of showing cause on the following grounds:

• The licence granted under section 17 has been granted because of misrepresentation of an essential fact.
• The holder of a licence has failed to comply with the conditions subject to which the licence was granted
• The holder has contravened any of the provisions of this Act or the rules

Prohibition of import, export and manufacture of certain pesticides

No person shall import, export or manufacture any pesticide by himself or by any person on his behalf in the following conditions:

• If the pesticide is misbranded, of sub-standard or spurious.
• When the sale, distribution or use of any pesticide is prohibited for time being under section 33.
• If the conditions on which the pesticide was registered are contravened.
• If there any pesticide in contravention of any other provision of this Act or any rule.
• If the manufacture of the pesticide is not in accordance with the conditions of a licence issued for such purpose.
• If the import, export of a pesticide is in contravention of the provisions of the Prior Consent Procedure specified for certain hazardous chemicals and pesticides in international trade.
• If the import, export or manufacture of pesticide is done without mandatorily declaring stock position of the pesticide manufactured, imported or intended to be exported.

Prohibition on sale, stock, exhibit for sale, distribute, transport or use

No person shall, himself or by any person on his behalf, sell, stock or exhibit for sale, distribute, transport, use, or cause to be used:

• any pesticide which is not registered under this Act;
• any pesticide, the sale, distribution or use of which is for the time being prohibited under section 33;
• any pesticide in contravention of any other provision of this Act or of any rule made thereunder;
• any pesticide in a packing other than its original packing in which it was primarily packed by the manufacturer;
• any pesticide which has outlived its shelf-life as evident from its label;
• any pesticide without disclosing its expected performance as claimed and usage instructions as suggested by the manufacturer or importer to farmers and end-users, as the case may be, while applying for grant of certificate of registration under section
• any pesticide registered in India to be exported except directly between the premises of manufacture for which the licence has been obtained and the port of exit
• any pesticide within the country, which is registered in India only for the purpose of export.
• any pesticide except in accordance with the conditions of a licence issued for such purpose under this Act.

Offences and Punishments under the Bill

Probable Loopholes in the Bill

• Centre of Science and Environment (CSE) is of the view that following the global standards, the regulation of pesticide use has to come under health ministry and not agriculture ministry, as provided in the draft bill. As agriculture ministry promotes use of pesticide to raise crop productivity, it is not the apt body to regulate the act. It is said that a promoter cannot be a regulator.
• According to Pesticide Action Network (PAN), the draft bill needs to be more comprehensive so as to address the multiple concerns relating to pesticides in India. It has to be much more than mere laying down of steps of registration. For instance, adding any facilitating provision for transparency, consultative and sharing mechanisms.
• The Pesticide Management Bill, 2017 is almost similar to the Pesticide Management Bill, 2008 which was rejected by the farmers’ group. Many suggestions made by the parliamentary panel are not complied with. For example, suggestions were made that data protection be extended to five years and data submitted with application to not be reused by another applicant for three years, which the current draft does not have.
• Agriculture is a state subject under entry 14 of List 2 according to the Constitution of India. Thus, bill should empower the state governments not just in terms of licensing of trade but also a major role should be given in the registration process and various other matters such as prohibition and restrictions on sale of pesticide and regulation of marketing and advertising.
• The bill lacks clear liability in case of damage caused by the use of pesticides. Parliamentary panel while making suggestions suggested that inspectors should also be held liable for growth and approval of spurious pesticides but, this has not been incorporated.
• The definitions in the bill are ambiguous in nature. The definitions of terms spurious and pests leave a huge scope of interpretation. There is also a need to define ‘uses’ in the bill so that the farmers are not burdened to prove proper use of pesticides to avoid punishment in the Bill.
• The clause laying down that the affected persons should take resort to Consumer Protection Act if needed reveals that the farmers’ and affected persons’ interests are not being protected by the Bill as they may not even be ‘consumers’ as defined in the said Act. There should be more clarity on this provision. Else, it is important that The Pesticides Management Bill 2017 itself should include a time-bound, simple and accessible mechanism as clauses for compensation, redressal and remediation.
• The Bill is also faulty on keeping efficacy and pest control as the primary goal rather than safety as the recent pesticides death call in more of the safety issue rather than pest control.

Comparative Analysis with the Insecticides Act, 1968

Conclusion

Every year, there are about 10,000 reported cases of pesticide poisoning in India. In 2015, about 7,000 people died because of accidental intake of insecticides and pesticides. While India urgently needs to address pesticide mismanagement in several aspects, the new pesticide management bill looks like a positive solution to this chronic problem. Though certain loopholes still persist in the bill, it looks like a strict version of the previous statute. One can hope for a positive impact on the deteriorating conditions of the farmers and other persons being affected by mismanagement of pesticides.