The following order published a draft order Banning of Insecticides

6238 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 4123] NEW DELHI, TUESDAY , OCTOBER 3, 2023/ ASVINA 11, 1945 CG-DL-E-06102023-249185 (1) (2) (3) MINISTRY OF AGRICULTURE AND FARMERS WELFARE (Department of Agriculture and Farmer s We lfare) NOTIFICATION New Delhi, the 2 9th September , 2023 S.O. 4294(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 c ontinued use or otherwise of neo -nicotinoid insecticides registered in India and the mandate of the Committee was further expanded on 19th August, 2013, to review sixty -six insecticides which were banned or restricted or withdrawn in other countries but co ntinue to be registered for domestic use in India. And whereas the Committee after detailed examination submitted its report to the Central Government on the 9th December, 2015; which was referred to the Registration Committee and the Registration Committ ee submitted their recommendations to the Central Government; And whereas, the Department issued Order dated 14th October 2016, conveying the approval for implementation of the recommendations of the Registration Committee; And whereas, the said Expert Com mittee had recommended continuing the use of the twenty seven insecticides as specified in the schedule to this notification and the same to be reviewed after completion of the recommended studies, this was considered by Registration Committee and submitte d recommendations to the Central Government; And whereas, the Central Government, after consultation with the Registration Committee and duly considering their re port with regard to status of submission of recommended studies, data and safety concerns, was satisfied that the use of twenty seven insecticides as specified in the schedule to this notification are likely to involve risk to human beings or animals as to render it expedient or necessary to take immediate action; And whereas, the Central Government, in exercise of the powers conferred by sub -section (2) of section 27 of the Insecticides Act, 1968 (46 of 1968) published a draft Order for Banning of Insecti cides vide notification number S.O. 1512(E), dated 18th May, 2020, in the Gazette of India, Extraordinary, Part -II, Section -3, Sub -section (ii) and invited objections and 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 Official Gazette in which the said notification was published were made available to the public; And whereas, copies of the said Gazette notification were made available to the public on t he 18th May, 2020; And whereas, the objections or suggestions received in respect of the said draft Order were referred to an Expert Committee constituted for the purpose which were duly considered by the said Expert Committee; And whereas, the Central Go vernment, after considering the report of the Expert Committee and after consultation with the Registration Committee, set up under the Insecticides Act, 1968 (46 of 1968), is satisfied that the use of three insecticides involves health hazards and risk to human beings and animals due to non -availability of data on safety and efficacy; And whereas, the said draft Order for Banning of Insecticides Order, 2020, published vide notification number S.O. 1512(E), dated 18th May, 2020, was challenged in various High Courts. And the Hon’ble High court of Rajasthan had stayed the implementation of the said rules vide interim Order dated 21st July, 2020, relating to Prohibition of Insecticides till further Order in the case. And whereas, thereafter, Hon’ble High Court of Rajasthan, has issued direction through an Order dated 18th January, 2023, in the matter of S.B. Civil Writ Petition No. 7474/2020 filed by Narayan Singh Rathore, that the interim Order dated 21st July, 2020, is vacated. And whereas, the Draft O rder, 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 Governme nt of India in the Ministry of Agriculture and Farmers Welfare (Department of Agriculture, Cooperation and Farmers Welfare) vide number S.O. 701(E), dated 15th February, 2023, inviting objections or suggestions from all persons likely to be affected thereb y, before the expiry of the period of thirty 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, the copies of the said Gazette notification were made available to the public on the 15th February, 2023; And whereas objections and suggestions received in respect of the said notification were duly considered by the Central Government; Now, therefore, in exercise of the powers conferred by section 27 read with section 28 of the Insecticides Act, 1968 (46 of 1968) (herein referred to as the Act), the Central Government after considering the recommendations of the Expert Committee and in consultation with the Registration Committee hereby makes the following Order, namel y:- 1. Short title and commencement – (1) This Order may be called the Insecticides (Prohibition) Order, 2023; (2) It shall come into force on the date of its publication in the Official Gazette. 2. Prohibition of certain insecticides - (1) All the cert ificates of registration granted under section 9 of the Act, stands cancelled and sale, distribution or use is prohibited of the insecticides as specified in the Schedule to this Order from the date provided under column (3) thereof. (2) The Registration Committee shall revoke the certificate of registration granted for the insecticides specified in the said Schedule. (3) If any person who holds the certificate of registration fails to return the said certificate to the Registration Committee, referred und er clause (2) of this Order, within a period of three months, appropriate action shall be taken under the provisions contained in the said Act. (4) The certificate of registration for the insecticides, granted under section 9 of the Act, as provided in the Schedule shall be deemed to be cancelled from the date specified under column (3) of the said Schedule. (5) Every State Government shall take all such steps under the provisions of the Act and the rules framed thereunder, as it considers necessary for the implementation of this Order in the State. The Schedule [See paragraph 2] List of Prohibited Insecticides Sl. No. Name of Insecticide Decision of the Central Government (1) (2) (3) 1. Dicofol All the certificates of registration granted stands canc elled and sale, distribution or use is prohibited from the date of publication of this Order. 2. Dinocap All the certificates of registration granted stands cancelled and sale, distribution or use is prohibited from the date of publication of this Order. 3. Methomyl All the certificates of registration granted stands cancelled and sale, distribution or use is prohibited from the date of publication of this Order. 4. Monocrotophos 1) The use of Monocrotophos 36% SL formulation is to be discontinued and no new cer tificate of registration for its manufacture shall be issued after publication of this Order. 2) With an objective of providing alternatives of this formulation so that the farmers do not suffer losses due to non -availability of effective control against certain insect pests in specific crops, the label claims for other formulations of Monocrotophos may be extended in one year period from the date of publication of this Order. 3) After this period, a ll the certificates of registration of Monocrotophos 36% S L will stand cancelled. Sale, distribution or use of Monocrotophos 36% SL shall be allowed only for clearance of existing stock till its expiry period. 3. Further, the Central Government, on recommendations of the Expert Committee and in consultation with Regist ration Committee, in exercise of the power conferred by sub -section (2) of section 27 of the Act, has decided for omitting crops as mentioned in column (3) of the table below from the label and leaflets of the following insecticides mentioned in colum n (2) of the said table , namely : — (1) The label claim of the following insecticides for the crops mentioned against each insecticide shall be omitted from the approved use due to non -availability of bio -efficacy and residue data with effect from the date of publication of this Order: Table S. No. Name of Insecticide Names of crops to be omitted from approved usage (1) (2) (3) 1 Carbofuran All other formulations of Carbofuran except Carbofuran three percent Encapsulated granule (CG) along with the crop l abels may be stopped from use. 2 Malathion Sorghum, Pea, Soybean, Castor, Sunflower, Bhindi, Brinjal, Cauliflower, Radish, Turnip, Tomato, Apple, Mango and Grape. 3. Quinalphos Jute, Cardamom and Sorghum. 4. Mancozeb Guava, Jowar and Tapioca. 5. Oxyflu orfen Potato and Groundnut. 6. Dimethoate Label deletion of fruits and vegetables that are consumed as raw food items. 7. Chlorpyriphos Ber, Citrus and Tobacco. (2) All registrants granted certificate of registration in respect of the above mentioned insec ticides shall submit their certificate along with label and leaflet for deletion of label claims on the above mentioned crops to the Secretary, Central Insecticides Board and Registration Committee, NH -IV, Faridabad, within six months from date of pub lication of this Order, failing which action to revoke licenses under section 14 of the Act, shall be initiated. (3) Non -endorsement or correction in the certificate of registration shall not be taken as permission or approval to operate upon such certific ates of registration in contravention of the provisions of this Order. (4) Every State Government shall take such steps under the Act and the rules made thereunder, as it considers necessary, for the implementation of this Order in the State. [F. No. 1303 5/15/ 2019 -PP-I (vol. i)] ASHISH KUMAR SRIVASTAVA , Jt. Secy . 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