(1) These rules may be called the Insecticides Rules, 1971.

(2) They shall come into force on the 2[30th day of October, 1971].

In these rules, unless the context otherwise requires:

3[(a) Act means the Insecticides Act, 1968 (46 of 1968);

(b) Commercial Pest Control Operation means any application or dispersion of Insecticide including fumigants in household or public or private premises or land and includes pest control operations in the fields including aerial applications for commercial purposes but excludes private use;

(c) dealer means a person carrying on the business of selling insecticides, whether wholesale or retail, and includes and agent of a dealer;

(d) expiry date means the date that is mentioned on the container, label or wrapper of an insecticide against the column date of expiry ;

(e) Form means a form set out in the First Schedule;

(f) Laboratory means the Central Insecticides Laboratory;

(g) manufacturer means any person who manufactures insecticides and includes a formulator of the insecticides;

(h) pests means any insect, rodent, fungi, weed and other forms of plant or animal life not useful to human beings;

(i) Pest Control Operator means any person who undertakes pest control operations and includes the person or the firm or the company or the organisation under whose control such a person is operating;

(j) primary package means the immediate package containing the insecticides;

(k) principal means the importer or manufacturer of insecticides, as the case may be;

(l) registration includes provisional registration;

(m) rural area means an area which falls outside the limits of any Municipal Corporation or Municipal Committee or a Notified Area Committee or a Cantonment;

(n) Schedule means a Schedule annexed to these rules;

(o) secondary package means a package which is neither a primary package nor a transportation package;

(p) section means a section of the Act;

(q) testing facility means an operational unit where the experimental studies are being carried out or have been carried out in relation to submission of data on product quality or on safety or on efficacy or on residues or on stability in storage of the insecticides for which an application for registration is made;

(r) transportation package means the outer most package used for transportation of insecticides.'

FUNCTIONS OF THE BOARD, REGISTRATION COMMITTEE AND LABORATORY

The Board shall, in addition to the functions assigned to it by the Act, carry out the following function, namely

(a) advise the Central Government on the manufacture of insecticides under the Industries (Development and Regulation) Act, 1951 (65 of 1971);

(b) specify the uses of classification of insecticides on the basis of their toxicity as well as their being suitable for aerial application;

(c) advise tolerance limits for insecticides residues and on establishment of minimum intervals between the application of insecticides and harvest in respect of various commodities;

(d) specify the shelf-life of insecticides;

(e) suggest colourisation, including colouring matter which may be mixed with concentrates of insecticides, particularly those of highly toxic nature;

(f) carry out such other functions as are supplemental, incidental or consequential to any of the functions conferred by the Act or these rules.

The Registration Committee shall, in addition to the functions assigned to it by the Act, perform the following functions, namely:

(a) specify the precautions to be taken against poisoning through the use or handling of insecticides;

(b) carry out such other incidental or consequential matters necessary for carrying out the functions assigned to it under the Act or these rules.

The functions of the Laboratory shall be as follows

(a) to analyse such samples of insecticides sent to it under the Act by any officer or authority authorised by the Central or State Governments and submission of certificates of analysis to the authority concerned;

(b) to analyse samples of materials for insecticide residues under the provisions of the Act;

(c) to carry out such investigations as may be necessary for the purpose of ensuring the conditions of Registration of insecticides;

(d) to determine the efficacy and toxicity of insecticides;

(e) to carry out such other functions as may be entrusted to it by the Central Government or by a State Government with the permission of the Central Government and after consultation with the Board.

REGISTRATION OF INSECTICIDES

4[(1)(a) An application for registration of an insecticide under the Act shall be made in Form I and the said Form including the verification portion, shall be signed in case of an individual by the individual himself or a person duly authorised by him; in case of Hindu Undivided Family, by the Karta or any person duly authorised by him; in case of partnership firm by the managing partner; in case of a company, by any person duly authorised in that behalf by the Board of Directors; and in any other case by the person in charge or responsible for the conduct of the business. Any change in members of Hindu Undivided Family or partners or the Board of Directors or the person in charge, as the case may be, shall be forthwith intimated to the Secretary, Central Insecticides Board and Registration Committee and the Licensing Officer.

(b) The Registration Committee may, if necessary direct the inspection of the testing facility for establishing the authenticity of the data.]

5[(2) An application form duly filled 6[* * *] shall be sent to the Secretary, Registration Committee, Directorate of Plant Protection, Quarantine & Storage, NH-IV, Faridabad-121001, Haryana. The fee shall be payable as follows:

(i) rupees five thousand each in case of application for registration under Section 9(3) and 9(3-B) of the Insecticides Act, 1968;

(ii) rupees two thousand five hundred in case of application for registration under Section 9(4) of the Insecticides Act, 1968.]

7[(3) The registration fee payable shall be paid 8[through Non-Tax Receipt Portal www.bharatkosh.gov.in to] the Accounts Officer, Directorate of Plant Protection, Quarantine and Storage, Faridabad, Haryana.

9[(3-A) The registration fees may also be paid through debit or credit card using internet payment gateway services by logging on the website of Secretariat of Central Insecticides Board and Registration Committee.]

10[(3-B) An application for registration of an insecticide falling under the category of Formulation Indigenous Manufacture as categorised by the Registration Committee under Section 5 of the Act shall only be accepted in electronic form online.]

11[4. The certificate of registration shall be issued in the format as approved by the Registration Committee with such conditions as specified therein.]

12[(4-A) The Certificate of Registration under sub-rule (3-B) shall be issued in electronic form online in 13[in the format as approved by the Registration Committee] and shall be subject to such conditions as specified therein.]

14[6-A. 15[Issue of duplicate Certificate of Registration. A fee of rupees one hundred shall be paid 16[through Non-Tax Receipt Portal www.bharatkosh.gov.in to] the Account's Officer, Directorate of Plant Protection, Quarantine & Storage, Faridabad, Haryana for a duplicate copy of a certificate of Registration if the original is defaced, damaged or lost.]

17[6-B. Addition, deletion or alteration on the Certificate of Registration including labels and leaflets. A fee of rupees one hundred shall be paid 18[through Non-Tax Receipt Portal www.bharatkosh.gov.in to] the Accounts Officer, Directorate of Plant Protection, Quarantine and Storage, Faridabad, Haryana on each occasion for each Certificate of Registration for addition, deletion, alteration on the Certificate of Registration including labels and leaflets.]

(1) An appeal against any decision of the Registration Committee under Section 9 shall be preferred in writing 19[* * *], in duplicate] to the Central Government in the Department of Agriculture.

20[(2) The appeal shall be in writing duly signed by the appellant and shall clearly indicate, name, address and e-mail of the appellant, name of insecticides to which appeal pertains, date of the decision of the Registration Committee appealed against, whether the appeal is within prescribed period of limitation, particulars of the fee deposited, complete statement of facts with supporting documents, grounds for appeal, and the relief claimed.]

21[(3) Every appeal shall be accompanied by a 22[deposited receipt] of rupees one thousand towards fee and a copy of the decision appealed against.]

23[(4) 24[The fee payable for preferring an appeal shall be paid 25[through Non-Tax Receipt Portal www.bharatkosh.gov.in to] the Pay and Accounts Officer, Department of Agriculture & Cooperation, New Delhi.]

A refusal to register an insecticide or a cancellation of the certificate of registration of an insecticide shall also be published in any two English and Hindi newspapers which have circulation in a substantial part of India and in any of the journals published by the Department of Agriculture of the Government of India.

GRANT OF LICENCES

26[(1) Application for the grant 27[* * *] of a licence to manufacture any insecticide shall be made in 28[Form II] 29[* * *] to the licensing officer and shall be accompanied by a fee of rupees two thousand for every insecticide and a maximum of rupees twenty thousand for all insecticides for which the licence is applied.]

(2) If an insecticide is proposed to be manufactured at more than one place, separate applications shall be made and separate licences shall be issued in respect of every such place.

30[(3) A licence to manufacture insecticides shall be issued in 31[Form III] and shall be subject to the following conditions, namely:

(i) The licence 32[* * *] shall be kept on the approved premises and shall be produced for inspection at the request of an Insecticide Inspector appointed under the Act or any other officer or authority authorised by the licensing officer.

(ii) Any change in the expert staff named in the licence shall forthwith be reported to the licensing officer.

(iii) If the licensee wants to undertake during the currency of the licence to manufacture for sale additional insecticides, he shall apply to the licensing officer for the necessary endorsement in the licence on payment of the prescribed fee for every category of insecticide.

(iv) 33[* * *]

(v) The licensee shall comply with the provisions of the Act and the rules made thereunder for the time being in force 34[including the conditions of licence].]

(vi) 35[* * *]

(vii) 36[* * *]

37[(4) A licensing officer may, after giving reasonable opportunity of being heard, to the applicant, refuse to grant any licence.

(4-A) No licence to manufacture an insecticide shall be granted unless the licensing officer is satisfied that necessary plant and machinery, safety devices, first-aid facilities etc., exist in the premises where the insecticide is proposed to be manufactured.]

38[(4-B) A person who applies for manufacturing licence shall possess or shall employ a person possessing the following educational qualification

(i) Doctorate in chemistry or agriculture chemistry or agriculture chemicals or Master of Technology or Master of Science in chemical engineering or equivalent for manufacture of technical grade pesticides; or

(ii) Master degree in science with chemistry or agricultural chemistry or agriculture chemicals or equivalent as one of the subject for manufacture of pesticide formulation:

Provided that a person possessing a manufacturing licence on the date of notification of the Insecticides (Third Amendment) Rules, 2017 shall be allowed a period of two years to comply with the educational qualification.]

39[(5) A fee of rupees one hundred shall be paid for a duplicate copy of a licence issued under this rule, if the original is defaced, damaged, or lost.]

(1) Applications for the grant 40[* * *] of a licence to sell, stock or exhibit for sale or distribute insecticides shall be made in 41[Form II] 42[* * *] to the licensing officer and shall be accompanied by the fees specified in sub-rule (2).

43[(1-A) Person who applies for the grant of licence to sell, stock or exhibit for sale or distribute insecticides shall possess or employ a person possessing a graduate degree in Agricultural Sciences or Biochemistry or Biotechnology or Life Sciences or in Science with Chemistry or Botany or Zoology from a recognised university or Institute; or

One year diploma course in Agriculture or Horticulture or related subjects from any government recognised university or institute with course content on plant protection and pesticides management:

Provided that all retailers or dealers possessing a valid licence without the prescribed qualification as on the date of publication of these rules as amended by the Insecticides (Second Amendment) Rules, 2017 shall be allowed 44[time up to 31st December, 2020] to comply with the said qualifications:

Provided further that the existing licensee of pesticides, who are more than forty-five years of age and who have been running their trade either themselves or have inherited with cumulative period of experience of more than ten years as on the date of publication of these rules as amended by the Insecticides (Second Amendment) Rules, 2017 and the annual turn over is less than Rs Five lakh are exempted from the aforesaid rule for a period of licenceship continuing in their name:

45[Provided also that all other existing retailers or dealers who are not covered under the second proviso, but who possess a valid licence as on the 1st February, 2017, the date of commencement of the Insecticides (Second Amendment) Rules, 2017 and are without prescribed qualification, may undergo certificate course of twelve week duration with one class a week in insecticides management from any State Agriculture University or Krishi Vigyan Kendras or National Institute of Agricultural Extension Management, Hyderabad or National Institute of Rural Development and Panchayati Raj, or National Institute of Plant Health Management, Hyderabad, State Agricultural Management and Extension Training Institute, Central or State research institutes or any other Government recognised university or institute.]

The payment of salary of the employee shall be made by licensees through digital mode or by a cheque to ensure that the person is employed with them.]

46[(2) The fee payable under sub-rule (1) for grant 47[* * *] of a licence shall be rupees five hundred for every insecticide for which the licence is applied subject to a maximum of rupees seven thousand five hundred. There shall be a separate fee for each place, if any insecticide is sold, stocked or exhibited for sale at more than one place:

Provided that the maximum fee payable in respect of insecticides commonly used for household purposes and registered as such shall be rupees two hundred fifty for every place:

Provided further that if the place of sale is established in the rural areas, the fee shall be one fifth of the fee specified in this rule.]

(3) If any insecticide is proposed to be sold or stocked for sale at more than one place, separate applications shall be made and separate licences shall be issued in respect of every such place [and for every insecticides]48.

49[(3-A) Pest Control Operators

(i) Any person who desires to undertake pest control operations, with the use of Aluminium Phosphide, Methyl bromide, Ethylene dibromide or as notified shall apply for a licence in 50[Form II] with a fee of rupees one thousand for each place of operation. The licence granted for such operations shall be valid for a period of five years provided that the licence shall be renewed after verification or inspection at the expiry of this period on application in 51[Form II] for a further period of five years with an application fee of rupees one thousand.

(ii) A licence to stock and use insecticides for pest control operators will be issued in 52[Form III].

(iii) Any person who applies for grant of licence for undertaking pest control operations should be at least a graduate in Agriculture or in Science with Chemistry as a subject with a certificate of minimum 15 days training from any of the following Institutions Central Food Technological Research Institute, Mysore; Indian Grain Storage Institute, Hapur and National Plant Protection Training Institute, Hyderabad.

(iv) For undertaking fumigation, the pest control operators shall have to obtain special permission from the Plant Protection Adviser to the Government of India in addition to obtaining licence. The Plant Protection Adviser will grant such permission as per procedure or guidelines approved by the Registration Committee.

(v) The commercial pest control operators shall adhere to the prescribed guidelines or procedures as laid down by the Plant Protection Adviser to the Government of India in regard to the fumigation operations undertaken by them.]

53[(4) A licence to sell, stock or exhibit for sale or distribute insecticides shall be issued in 54[Form III] and shall be subject to the following conditions, namely:

(i) The licence shall be displayed in a prominent place in the part of the premises open to the public.

(ii) The licensee shall comply with the provisions of the Act, and the rules made thereunder for the time being in force 55[including the conditions of licence].

56[(iii) Where the licensee wants to sell, stock or exhibit for sale or distribute any additional insecticides during the currency of the licence, he may apply to the licensing officer for necessary endorsement on the licence on payment of fees specified in sub-rule (2).]

57[[(iv) if the licensing officer is satisfied that a particular insecticide is harmful to human beings, animals or environment, he may after recording reasons and referring the Insecticide to the Insecticide Analyst, prohibit temporarily its sale for a period of thirty days or till he obtains the report of the Analyst, whichever is earlier.]

(4-A)58[(i) Every person shall along with his application for grant 59[* * *] of a licence to undertake operation or sell, stock or exhibit for sale or distribute insecticides, file a certificate from the principal whom he represents or desires to represent in 60[Appendix to Form II].]

(ii) The certificate to be issued by the principal shall be addressed to the licensing officer of the area concerned and shall contain full particulars of the principal including their registration and manufacturing licence numbers, full name and address of the person proposed to be authorised and also the type of formulations to be used in commercial pest control operations, sold, stocked or exhibited for sale or distribution.

(iii) In order to verify the genuineness or otherwise of the certificate, the principal shall send to the licensing officer of the State where he intends to sell his products an adequate number of copies of the specimen signature or the specimen signatures of the persons authorised in writing to issue the principal's certificate.

(iv) In case of suspension, revocation or cancellation of the certificate, the principal shall forthwith intimate the licensing officer having jurisdiction.]

61[(5) A licensing officer may, after giving a reasonable opportunity of being heard to the applicant, refuse to grant any licence.]

62[(6) A fee of rupees one hundred shall be payable for a duplicate copy of a licence issued under this rule if the original is defaced, damaged or lost.]

63[(7) The licensee shall maintain all the records or registers in the formats as prescribed in the Appendices to the licence and the licensing officer shall conduct inspection of infrastructure, premises, stocks and records at least once in every two years.]

64[10-A. Segregation and disposal of date-expired pesticides. (a) Immediately after the date of expiry all such stocks after being segregated and stamped not for sale or not for use or not for manufacture , as the case may be, shall be kept by the licensee in a separate place specially demarcated for the purpose with a declaration date-expired insecticides to be exhibited on the conspicuous part of the place. 65[A record of all such stocks shall be maintained in 66[Appendix A to Form III].]

67[(b) All such stocks then shall be disposed of in an environment friendly manner as may be specified from time to time by the Central Government in consultation with the Central Insecticides Board and shall not be used for remanufacture.]

10-B. Special provision with regard to sulphur. In regard to insecticide Sulphur and its formulations, all licensees shall:

(a) observe all precautions to prevent its theft;

(b) report any such theft to the nearest police authorities promptly; and

(c) maintain a separate register showing names and addresses of all the persons to whom it has been sold or distributed and the quantities to be sold or distributed.

10-C. Prohibition against sale or storage of insecticides in certain places. No person shall manufacture, store or expose for sale or permit the sale or storage of any insecticide in the same building where any articles consumable by human beings or animals are manufactured, stored or exposed for sale.

Explanation. Nothing contained in this rule will apply to the retail sales of household insecticides from the building wherefrom other articles consumable by human beings or animals are usually sold provided such household insecticides have been registered as such and are packed and labelled in accordance with these rules.]

68[10-D. Manufacturer and dealer to display stock and price list of insecticides. Every manufacturer and every dealer who makes or offers to make a retail sale of any insecticides shall prominently display at his place of business,

(a) the quantities of stock of different insecticides held by him on daily basis; and

(b) a list of prices or rates of such insecticides for the time being available in such place of business.]

69[(a) A licence to manufacture insecticides, if any, issued on the basis of provisional registration granted under sub-section (3-B) of Section 9, shall expire on the date of expiry of the provisional registration. A licence granted by endorsement on the main licence shall expire along with the main licence.]

(b) An application for the renewal of a licence 70[in case of pest control operators] shall be made before its expiry and if such an application is made after the date of expiry but within three months from such date, a late fee of

71[[(i) rupees five hundred for the first month or part thereof, rupees one thousand for the second month or part thereof and rupees one thousand and five hundred for the third month or part thereof in case of licence 72[* * *] to carry pest control operations;

(ii) 73[* * *]

74[(c) The licence shall continue to be in force until it is renewed or revoked. Where an appeal is preferred under Section 15, the licence shall continue to be revoked until disposal of appeal or as ordered by the appellate authority pending disposal of the appeal.]

(d) A licensing officer may, after giving an opportunity of being heard, refuse to renew the licence 75[for reasons to be recorded in writing].

76[(a) Subject to conditions laid down in sub-rule (3) of Rule 9 and sub-rule (4) of Rule 10, a licence shall not be granted to any person under this Chapter unless the licensing officer is satisfied that the premises in respect of which licence is to be granted are adequate and equipped with proper storage accommodation for avoiding any hazards for preserving the properties of insecticides in respect of which the licence is granted.]

(b) In granting a licence, the licensing officer shall have regard, among other things to

(i) the number of licences granted in the locality during any year; and

(ii) the occupation, trade or business carried on by the applicant.

The licensing officer may either on an application made by the licensee or if he is satisfied that the conditions under which a licence has been granted under this Chapter have been changed that it is necessary so to do, vary or amend a licence 77[after satisfying himself that the Registration Committee has amended the registration certificate and], after giving an opportunity of being heard to the person holding the licence.

(1) The holder of a licence may, at any time, before the expiry of the licence, apply for permission to transfer the licence to any other person.

(2) The application under sub-rule (1) shall be accompanied by a fee of rupees 78[one hundred].

(3) The licensing officer may, after such inquiry as he thinks fit accord permission to transfer the licence and on such permission being given an endorsement to that effect shall be made in the licence.

(4) If the permission to transfer a licence is refused, the fee paid therefor shall be refunded to the applicant.

79[(1) All sales of insecticides shall be made by a bill or cash memo or credit memo in the form prescribed under any law.

(2) All sales of insecticides made to a licensed manufacturer (formulator or packer), stockist, distributor, dealer, retailer or to a bulk consumer shall be entered insecticideswise, in a register in 80[Appendix B to Form III] monthly return of all sales to actual consumers shall be sent to the licensing officer, 81[* * *] within 15 days from the close of the relevant month.

(3) Every importer or manufacturer of insecticide shall maintain a stock register in 82[Appendix C-1 to Form III] for technical grade insecticides and in 83[Appendix C-2 to Form III] for formulated insecticides.

(4) Every manufacturer or importer shall maintain a book of accounts and register of such sale, manufacture or import of technical Grade Insecticide and formulated Insecticide and submit the monthly statement or return to the licensing officer, in 84[85[Appendix D-1 to Form III] and 86[Appendix D-2 to Form III]] respectively within 15 days from the closing of the month.

(5) Without prejudice to the provisions of sub-rules (1) and (4), the Central Government or the State Government or any other person authorized by the Central Government or the State Government, as the case may be, may, by notice in writing require any importer or manufacturer or any other person dealing in insecticides to furnish within the time specified in the notice, such registers, books of accounts, records, documents or other such information with respect of any insecticides or any batch thereof, including the particulars of all persons to whom it has been sold or distributed, as it may consider necessary.]

PACKING AND LABELLING

No person shall stock or exhibit for sale or distribute [or cause to be transported]87 any insecticides unless it is packed and labelled in accordance with the provisions of these rules.

88[(1) Every package containing the insecticides shall be of a type approved by the Registration Committee.

(2) Before putting any insecticide into the primary package, every batch thereof shall be analysed as per the relevant specifications of the manufacture thereof, in accordance with the approved methods of analysis and the result of such an analysis shall be recorded in the register maintained for the purpose. If any insecticide is put in the package it shall be presumed that it is fit and ready for sale, distribution or use for which it is intended, notwithstanding the fact that any further steps are still required to be taken to make it marketable.]

[(1)]89 The packing of every insecticide shall include a leaflet containing the following details, namely

(a) the plant disease, insects and noxious animals or weeds for which the insecticide is to be applied, the adequate direction concerning the manner in which the insecticide is to be used at the time of application;

(b) particulars regarding chemicals harmful to human beings, animals and wild life, warning and cautionary statements including the symptoms of poisoning, suitable and adequate safety measures and emergency first-aid treatment where necessary;

(c) cautions regarding storage and application of insecticides with suitable warnings relating to inflammable, explosive or other substances harmful to the skin;

(d) instructions concerning the decontamination or safe disposal of used containers;

(e) a statement showing the antidote for the poison shall be included in the leaflet and the label;

(f) if the insecticide is irritating to the skin, nose, throat or eyes, a statement shall be included to that effect.

90[(g) common name of the insecticide as adopted by the International Standards Organisation and where such a name has not yet been adopted such other name as may be approved by the Registration Committee;]

91[(h) the information furnished on the label in English and Hindi shall be translated and published on the leaflet in Hindi, English and in the regional language of the region where the product is proposed for sale;

(i) the leaflet shall be printed legibly and font size of the text shall be not less than eight points (8) or 2 mm;

(j) safety pictograms provided on the label and others, if any, shall also be printed on the leaflet;

(k) leaflet shall contain 92[* * *] advice to physicians for treatment in cases of poisoning;

(l) details of label claims and directions for use with reference to target organism and crop shall be printed on the leaflet;

(m) good practices relating to pesticide application techniques covering the following shall be provided for each 93[crop or recommended other use, whichever is applicable], namely:

94[(i) weather conditions in general;]

95[(ii) soil and water, wherever applicable;]

(iii) crops stage for application;

(iv) application techniques;

(v) equipment type;

(vi) nozzle type;

96[(vii) dosage (include gram active ingredient formulation and dilution in litres);]

(viii) instructions for mixing;

(ix) re entry period;

(x) pre-harvest interval;

(xi) application timings;

(xii) frequency including maximum number of sprays;

(n) stages during which pesticides should not be applied on any crop shall be furnished;

(o) precautions to be taken to avoid harm to the beneficial insects like honey bees and natural enemies of pests shall be furnished;

(p) the leaflet shall also contain the practices to be followed for usage of pesticides in confined areas, such as glasshouses, polyhouses, nursery beds, storage structures, fumigation chambers and public dwellings;

(q) the warning directing the users not to re-use the containers- Dangerous to re-use empty containers shall be printed in bold letters;

(r) directions for safe disposal of used containers shall be provided;

(s) instructions on leaflets shall be appropriately coloured or printed in bold to draw attention of all users;

(t) company shall furnish all information about the label and leaflet on their website and the address of the website shall be printed on the leaflet;

(u) the leaflet for the pesticide formulations shall be 97[secured to primary pack or] inserted or kept in between primary and secondary packing or pouch as per Clause 1(i) of Rule 91. ;]

98[(2) Two copies of the leaflets duly approved by the Registration Committee and signed by the Secretary, Registration Committee, shall be returned to the manufacturer and one copy thereof to the State licensing officer.]

99[(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

II. Small package-51 gm or ml to 250 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 100[(Please refer leaflet for details)];

(e) dosage (include gram active ingredient, formulation and dilution in litres and area) 101[(Please refer leaflet for details)];

(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

(v) others(specify);

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

(h) safety precautions as approved by Registration Committee 102[(Please refer leaflet for details)];

(i) composition of the formulation or insecticides;

(j) symptoms of poisoning and first aid 103[(Please refer leaflet for details)];

(k) antidote statement;

(l) name of the manufacturer;

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

(n) marketed by;

(o) registration number of the insecticide;

(p) manufacturing license number;

(q) batch number;

(r) manufacturing date;

(s) expiry date;

(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 sub-clauses (s), (t) and (u).

(v) cautionary statement,

(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.

104[(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:

(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.

105[(iv) In case where the sachets, packets or containers are ultra-small and small (for sizes between 1 and 50 gm or ml and 51 and 250 gm or ml) the following details shall be printed with indelible ink on primary package, namely

1) common name;

2) brand name;

3) composition of the formulation or insecticides;

4) name and address of the manufacturer ;

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

6) antidote;

7) registration number;

8) manufacturer's license number;

9) batch number;

10) manufacturing date;

11) expiry date;

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

13) maximum retail price (MRP inclusive of all taxes, in rupees); and

14) Customer care details.

(v) The model labels (one panel, two panels and three panels) shall be as per the pictures II.]]

(2) The label shall be so affixed to the container that it cannot be ordinarily removed.

(3) The label shall contain in a prominent place and occupying not less than 106[one-sixteenth of the area of the panel or four square centimetres whichever is greater], a square, set at an angle of 45_o (diamond shape). The dimension of the said square shall depend on the size of the package on which the label is to be affixed. The said square shall be divided into two equal triangles, the upper portion shall contain the symbol and signal word specified in sub-rule (4) and the lower portion shall contain the colour specified in sub-rule (5).

(4) The upper portion of the square, referred to in sub-rule (3) shall contain the following symbols and warning statements

(i) insecticides belonging to Category I (Extremely toxic) shall contain the symbol of a skull and cross-bones and the word POISON printed in red;

The following warning statements shall also appear on the label at appropriate place, outside the triangle

(a) KEEP OUT OF THE REACH OF CHILDREN ;

(b) IF SWALLOWED, OR IF SYMPTOMS OF POISONING OCCUR CALL PHYSICIAN IMMEDIATELY ;

(ii) insecticides in Category II (Highly toxic) will contain the word POISON printed in red and the statement KEEP OUT OF THE REACH OF CHILDREN ; shall also appear on the label at appropriate place, outside the triangle;

(iii) insecticides in Category III (Moderately toxic) shall bear the word DANGER and the statement KEEP OUT OF THE REACH OF CHILDREN ; shall also appear on the label at suitable place outside the triangle;

(iv) insecticides in Category IV (Slightly toxic) shall bear the word CAUTION .

(5) The lower portion of the square referred to in sub-rule (4) shall contain the colour specified in column (4) of the Table below, depending on the classification of the insecticides specified in the corresponding entry in column (1) of the said Table.

TABLE

(6) In addition to the precautions to be undertaken under sub-rules (3), (4) and (5), the label to be affixed in the package containing insecticides which are highly inflammable shall indicate that it is inflammable or that the insecticides should be kept away from heat or open flame and the like.

107[(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.]

(8) Labelling of insecticides must not bear any unwarranted claims for the safety of the product or its ingredients. This includes statements such as SAFE , NON POISONOUS , NON INJURIOUS or HARMLESS with or without such qualified phrase as when used as directed .

No person shall alter, obliterate or deface any inscription or mark made or recorded by the manufacturer on the container, label or wrapper of any insecticide:

Provided that nothing in this rule shall apply to any alteration of any inscription or mark made on the container, label or wrapper of any insecticide at the instance, direction or permission of the Registration Committee.

INSECTICIDES ANALYSIS AND INSECTICIDE INSPECTORS

A person shall be eligible for appointment as an Insecticide Analyst under the Act only if he possesses the following qualifications, namely:

(a) a graduate in Agriculture or a graduate in Science with Chemistry as a special subject; and

(b) adequate training in analysing insecticides in a recognised Laboratory.

The Insecticide Analyst shall have the power to call for such information or particulars or do anything as may be necessary for the proper examination of the samples sent to him either from the Insecticide Inspector or the person from whom the sample was obtained.

(1) The Insecticide Analyst shall analyse or cause to be analysed or test or cause to be tested such samples of Insecticides as may be sent to him by the Insecticide Inspector under the provisions of the Act and shall furnish reports or results of such tests or analysis.

(2) An Insecticide Analyst shall, from time to time, forward to the State Government reports giving the result of analytical work and investigation with a view to their publication at the discretion of the Government.

(1) On receipt of a package from an Insecticide Inspector containing a sample for test or analysis, the Insecticide Analyst shall compare the seals on the packet with the specimen impression received separately and shall note the condition of the seals on the packet.

108[(2) In making the test or analysis of insecticides, it shall be sufficient if the Insecticides Analyst follows the specifications and the methods of examination of samples as approved by the Registration Committee.]

(3) After the test or analysis has been carried out under sub-rule (2), the Insecticide Analyst shall forthwith supply to the Insecticide Inspector a report in triplicate in 109[Form IV] of the result or test or analysis.

110[(1) The fees payable for testing or analysing insecticides under sub-section (5) of Section 24 of the Act shall be as specified in the Second Schedule.]

111[(2) The fee payable for testing or analysing samples received from the Insecticides Inspector shall also be as specified in the Second Schedule:

Provided that the Central Government may, after taking into consideration the genuine difficulties of any particular State Government, exempt from the payment of the fee for such period as it may consider reasonable.]

A person shall be eligible for appointment as an Insecticide Inspector under the Act only if he possesses the following qualifications, namely:

(a) graduate in Agriculture, or graduate in Science with Chemistry as one of the subjects;

(b) adequate field experience.

The Insecticide Inspector shall have the following duties, namely:

(1) to insect not less than three times in a year all establishments selling insecticides within the area of his jurisdiction;

(2) to satisfy himself that the conditions of licence are being complied with;

(3) to procure and send for test and analysis, samples of insecticide which he has reason to suspect are being sold, stocked or accepted for sale in contravention of the provisions of the Act or rules made thereunder;

(4) to investigate any complaint in writing which may be made to him;

(5) to institute prosecutions in respect of breaches of the Act and the rules made thereunder;

(6) to maintain a record of all inspections made and action taken by him in the performance of his duties including the taking of samples and the seizure of stocks and to submit copies of such record to the licensing officer;

(7) to make such inquiries and inspections as may be necessary to detect the sale and use of insecticides in contravention of the Act.

It shall be the duty of an Inspector authorised to inspect the manufacture of insecticides

(1) to inspect not less than twice a year all premises licensed for the manufacture of insecticides within the area of his jurisdiction and to satisfy himself that the conditions of the licence and the provisions of the Act or the rule made thereunder are being observed;

(2) to send forthwith to the licensing officer after each inspection, a detailed report indicating the conditions of the licence and the provisions of the Act or rules made thereunder which are being observed and the conditions and provisions, if any, which are not being observed;

(3) to draw samples of insecticides manufactured on the premises and send them for test or analysis in accordance with these rules;

(4) to report to the Government all occurrences of poisoning.

Except for the purpose of official business or when required by a court of law, an Insecticide Inspector shall not disclose to any person any information acquired by him in the performance of his official duties.

An order by the Insecticide Inspector requiring a person not to dispose of any stock in his possession shall be in 112[Form V(A)].

No person in possession of an insecticide in respect of which an Insecticide Inspector has made an order under Rule 30 shall, in contravention of that order, sell or otherwise dispose of any stock of such insecticide.

A receipt by an Insecticide Inspector for the stock of any insecticide seized shall be in 113[Form V(B)].

Where an Inspector takes a sample of an insecticide for the purpose of test or analysis he shall intimate such purpose in writing in 114[Form V(C)] to the person from whom he takes it.

(1) Samples for test or analysis under the Act shall be sent by registered post or by hand in a sealed packet together with a 115[Form V(D)] in an outer cover addressed to the Insecticide Analyst.

(2) The packet as well as the outer cover shall be marked with a distinct mark.

(3) A copy of the memorandum in 116[Form V(E)] together with a specimen impression of the seals of the Inspector and of the seals, if any, of the person from whom he takes such samples, shall be sent separately by registered post or by hand to the Insecticide Analyst.

TRANSPORT AND STORAGE OF INSECTICIDES IN TRANSIT BY RAIL, ROAD OR WATER

35. Manner of packing storage while117[transporting]. (1) Packages containing insecticides, offered for transport by rail, shall be packed in accordance with the conditions specified in the Red Tariff, issued by the Ministry of Railways.

(2) No insecticide shall be transported or stored in such a way as to come into direct contact with foodstuffs or animal feeds.

(3) No foodstuffs or animal feeds which got mixed up with insecticides as a result of any damage to the packages containing insecticides during transport or storage shall be released to the consignees unless it has been examined for possible contamination by competent authorities, as may be notified by the State Government.

(4) If any insecticide is found to have leaked out in transport or storage, it shall be the responsibility of the transport agency or the storage owner to take such measures urgently to prevent poisoning and pollution of soil or water, if any.

(1) The packages containing insecticides shall be stored in separate rooms or premises, away from the rooms or premises used for storing other articles or shall be kept in separate almirahs under lock and key depending upon the quantity and nature of the insecticides.

(2) The rooms or premises meant for storing insecticides shall be well-built, dry, well-lit and ventilated and of sufficient dimension.

PROVISIONS REGARDING PROTECTIVE CLOTHING, EQUIPMENT AND OTHER FACILITIES FOR WORKERS DURING MANUFACTURE, ETC., OF INSECTICIDES

118[(1) All persons who are engaged in the work of handling, dealing or otherwise coming in contact with the insecticides during manufacture/formulation of insecticides or being engaged in spraying during operation shall be examined medically before their employment and at least quarterly in the case of those engaged in manufacturing/formulation units and yearly in any other cases including operators while in service by a qualified doctor who is aware of risks to which such persons are exposed. Particulars of all such persons, including the particulars of their medical examination, shall be entered in a register in 119[Appendix E to Form III]. Where the insecticide in question is an organo-phosphorous compound or a carbamate compound, the blood cholinesterase level shall be measured at least once a month of all persons working in the manufacturing units. The blood residue estimation shall be done once in a year in the case of persons working with organo chlorine group of insecticides in a manufacturing/formulation unit. In the case of spraying people working with the pest control operators, the estimation of cholinesterase level (if working with organo phosphorous or carbamate compounds) and blood residue (if working with organo chlorine group) shall be conducted as and when advised by the doctor as part of the general medical test.

(2) Any person showing symptoms of poisoning shall be immediately examined and given proper treatment.]

In all cases of poisoning first-aid treatment shall always be given before the physician is called. The Indian Standards Guide for handling cases of pesticide poisoning Part I, First Aid Measures [I.S. 4015 (Part I) 1967] and Part II Symptoms, diagnosis and treatment [I.S. 4015 (Part II) 1967] shall be consulted for such first-aid treatment in addition to any other books on the subject. The workers also should be educated regarding the effects of poisoning and the first-aid treatment to be given.

(1) Persons handling insecticides during its manufacture, formulation, transport, distribution or application shall be adequately protected with appropriate clothing.

(2) The protective clothing shall be used wherever necessary, in conjunction with respiratory devices as laid down in Rule 40.

(3) The protective clothing shall be made of materials which prevent or resist the penetration or any form of insecticide formulations. The materials shall also be washable so that the toxic elements may be removed after each use.

(4) A complete suit of protective clothing shall consist of the following dresses, namely:

(a) protective outer garment/overalls/hood/hat;

(b) rubber gloves or such other protective gloves extending halfway up to the fore-arm, made of materials impermeable to liquids;

(c) dust-proof goggles;

(d) boots.

For preventing inhalation of toxic dusts, vapours or gases, the workers shall use any of the following types of respirators or gas-masks suitable for the purpose, namely:

(a) Chemical-Cartridge respirator;

(b) Supplied-Air respirator;

(c) Demand flow type respirator;

(d) Full-face or half-face gas masks with canister.

In no case shall the concentrates of insecticides in the air where the insecticides are mixed exceed the maximum permissible values.

The manufacturers and distributors of insecticides and persons who undertake to spray insecticide on a commercial basis (hereinafter in these rules referred to as operators) shall keep sufficient stocks of such first-aid tools, equipment, antidotes, injections and medicines as may be required to treat poisoning cases arising from inhalation, skin contamination, eye contamination and swallowing.

The manufacturers and distributors of insecticides and operators shall arrange for suitable training in observing safety precautions and handling safety equipment provided to them.

The aerial application of insecticides shall be subject to the following provisions, namely:

(a) marking of the area shall be the responsibility of the operators;

(b) the operators shall use only approved insecticides and their formulations at approved concentration and height;

(c) washing, decontamination and first-aid facilities shall be provided by the operators;

(d) all aerial operations shall be notified to the public not less than twenty-four hours in advance through competent authorities;

(e) animals and persons not connected with the operations shall be prevented from entering such areas for a specified period; and

(f) the pilots shall undergo specialised training including clinical effects of the insecticides.

(1) It shall be the duty of manufacturers, formulators of insecticides and operators to dispose packages or surplus material and washings in a safe manner so as to prevent environment or water pollution.

(2) The used packages shall not be left outside to prevent their re-use.

(3) The packages shall be broken and buried away from habitation.

MISCELLANEOUS

120[No insecticides shall be imported into India except through one of the following places, namely:

(i) Inland Container Depot, Gurugram (Gurgaon), Haryana,

(ii) Chennai Port, Jawaharlal Nehru Port and Mumbai Port (Mumbai), in respect of insecticides imported by sea into India,

(iii) Chennai International Airport (Chennai), Chhatrapati Shivaji International Airport (Mumbai), Indira Gandhi International Airport (New Delhi), in respect of insecticides imported by air into India.]

The members of the Board, Registration Committee and any other committee appointed by the Board shall be entitled to such travelling and other allowances for attending meetings of the Board, Registration Committee, as the case may be, as are for the time being admissible to Grade I officers of the Central Government.