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Core Purpose

Notification under section 38(2) of the Insecticides Act, 1968 exempting accredited laboratories and recognised insecticide industry from certain provisions of the Act for importing sample quantities of insecticides for research and development purposes.

Detailed Summary

The Ministry of Agriculture and Farmers Welfare (Department of Agriculture and Farmers Welfare), vide S.O. 4844(E) dated 8th November 2023, in exercise of powers under sub-section (2) of section 38 of the Insecticides Act, 1968 (46 of 1968), and in supersession of earlier notification S.O. 93(E) dated 3rd January 2020, exempts specified laboratories from the provisions of section 9 and the rules made thereunder. Exempted entities include laboratories of the Indian Council for Agricultural Research, State Agriculture Universities, institutions of the Department of Agriculture, Cooperation and Farmers Welfare, the Department of Science and Technology, and the Department of Scientific and Industrial Research, as well as other government or private laboratories or insecticide industry recognised by the Department of Scientific and Industrial Research or the Department of Science and Technology and accredited by the National Accreditation Board for Accredited Laboratories or holding Good Laboratory Practices certification. The exemption applies to importing sample quantities for research and development activities and registration-related data generation: up to twenty kilograms per calendar year of insecticide formulation, up to ten kilograms per calendar year of technical insecticides, and up to five hundred grams per calendar year of plant growth regulators, household insecticides and other pre-/post-harvest treatment products. Conditions include a prohibition on importing banned insecticides, micro-organisms, and coded or red-triangle insecticides; submission of an application (Annexure-I) and an undertaking against commercial diversion; verification of accreditation; and an annual report to the Secretariat of the Central Insecticide Board and Registration Committee and the Directorate of Plant Protection, Quarantine and Storage (Annexure-II). Contravention is punishable under the Insecticides Act, 1968 and the Insecticides Rules, 1971. The notification takes effect upon publication and is signed by Ashish Kumar Srivastava, Joint Secretary (Plant Protection), File No. 13035/01/2018-PP-I.

Full Text

7039 GI/202 3 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 4644] NEW DELHI, WEDNES DAY , NOVEMBER 8, 2023/ KARTIKA 17, 1945 CG-DL-E-09112023-249960 मैं................... ........................... ..............पुत्र या पुत्री ........ ......................................................... जनवासी ..................................................अपनी हैजसयत से .......................... ............ ........................... क े प्राजधक ृ त किनांक: हस्ट्ताक्षर ................ ............... ................................. नाम ............ .............. .......................... ................ i. ii. iii. आविेन का नाम.................... ................. मैं ................................... ....................., पुत्र या पुत्री .......... .......... .............. ....................... , जनवासी हस्ट्ताक्षर ............................................. नाम ................................................... स्ट्र्ान ...................... ........................... किनांक ........................... .................... MINISTRY OF AGRICULTURE AND FARMERS WELFARE (Department of Agriculture and Farmers Welfare) NOTIFICATION New Delhi , the 8th November , 2023 S.O. 4844 (E).—In exercise of the powers conferred by sub - section (2) of section 38 of the Ins ecticides Act, 1968 (46 of 1968) and in supersession of the notification of the Government of India in the Ministry of Agriculture and Fa rmers Welfare (Department of Agriculture, Cooperation and Farmers Welfare) vide number S.O. 93 (E), dated the 3rd Janua ry, 2020, published in Gazette of India, Extraordinary, Part II, Section -3, Sub -section (ii), dated the 6th January, 2020, except as resp ects things done or omitted to be done before such supersession, the Central Government hereby exempts the following from the provisions of section 9 and the rules made thereunder, namely: - (a) the laboratories of the following organisations accredited by the National Accreditation Board for Accredited Laboratories or having Good Laboratory Practices certification with insecticides in their scope, namely: - (i) Indian Council for Agricultural Research; (ii) State Agriculture Universities; (iii) Institu tions of Department of Agriculture, Cooperation and Farmers Welfare; (iv) Department of Science and Technology; and (v) Department of Scientific and Industrial Research; (b) any other Government or private laboratory or insecticide industry recognised b y the Department of Scientific and Industrial Research or the Department of Science and Technology, Ministry of Science and Technology and accredited by the National Accreditation Board for Accredited Laboratories or having Good Laboratory Practices certif ication with insecticides in their scope. 2. The exemption referred to in paragraph 1 shall be for the purpose of importing sample quantity of, (i) insecticide formulation to the tune of up to twenty kilograms in a calendar year; (ii) technical insectici des to the tune of ten kilograms in a calendar year; (iii) plant growth regulators, household insecticides and other products for pre -harvest or post – harvest treatment of crop produce to the tune of five hundred grams in a calend ar year, for research an d developmental activities, registration related data generation and for carrying out experiments with the insecticides only, subject to following conditions, namely: - (a) there shall be no import of banned insecticides, micro - organisms, coded and red tri angle insecticides; (b) an application as in Annexure -I shall be made by interested laboratories or organisation, either in person or through online system, for seeking exemption; (c) an undertaking as specified in Annexure -I for no t diverting the imported quantity for any commercial purpose shall be furnished along with valid accreditation certificate; (d) the National Accreditation Board for Accredited Laboratories or Good Laboratory Practices accredited laboratories shall be exemp ted after verifying thei r accreditation; (e) only such insecticides industries recognised by the Department of Scientific and Industrial Research and having National Accreditation Board for Accredited Laboratories or Good Laboratory Practices accreditation shall be considered for exemption; (f) the laboratories enlisted for the exemption and published on the website of Department of Agriculture and Farmers Welfare and the Directorate of Plant Protection, Quarantine and Storage shall be required to provide annual report to the Secr etariat of C entral Insecticide Board and Registration Committee and the Directorate of Plant Protection, Quarantine and Storage giving details of the research and development work carried out by them, in the form specified in Annexure -II in person or throu gh online sy stem. (g) the laboratory shall give an undertaking on non -judicial stamp paper that the imported quantity of insecticides shall be used only for research and development activities, registration related data generation and for carrying out expe riments with the insecticides only and shall not be used in any manner for commercial activities; 3. Any laboratory contravening the provision of this notification or of any condition of exemption shall be punishable under the provisions of the Insecticid es Act, 1968 and the Insecticides Rule, 1971. 4. This notification shall come into force on the date of its publication in the Official Gazette. [F.No. 13035/01/2018 -PP-I] ASHISH KUMAR SRIVASTAVA , Jt. Secy. (Plant Protection) Annexure -I FORM TO SEEK EX EMPTION UNDER SECTION 38(2) OF THE INSECTICIDES ACT, 1968 FOR THE ORGANISATION ENGAGED IN CARRYING OUT EXPERIMENTS WITH INSECTICIDES 1. Name and address of the importer: 2. Name and address of the overseas manufacturer and supplier: 3. Accredita tion statu s, number and scope of laboratory (enclose valid certificate copy): 4. Name and address of the laboratory where the experiments with insecticides is proposed to be conducted: 5. Name and contact details of the person under whose supervision the e xperiments are proposed to be conducted: Signature of the in -charge of laboratory Name and Designation contact details, and email - id of the applicant Undertaking I………………………… …………..……… Son or Daughter of................. ................. .......................... ....... Resident of........................................................................................................................... ....................do hereby verify i n my capacity as........... ............... ......... ......................... .................. ............................................. authorised signatory of ..................................................................................................................... that th e particulars given above are true and correct and that I am competent to sign and verify the above application and also give an undertaking for not diverting the imported quantity of insecticides for any commercial purpose and then entire quantity shall be used only for research and development ac tivities, registration related data generation and carrying out experiments with insecticides only and in case the information is found to be false, incorrect or misleading, I shall be held responsible under relevant provisions of the Insecti cides Act, 196 8 and Insecticides Rules, 1971. Place: Date: Signature...…………………….. Name…………………………… Annexure -II ANNUAL REPORT FORM FOR SUBMISSION OF THE RESEARCH AND DEVELOPMENT WORK AND EXPERIMENTS CARRIED OUT WITH IMPORTED INSECTICIDES, TO THE SECRETARI AT OF CENTRAL INSECTICIDE BOARD AND REGISTRATION COMMITTEE, DIRECTORATE OF PLANT PROTECTION QUARANTINE AND STORAGE 1. Name of the importer - 2. Name of overseas manufacturer and the supplier - 3. Accreditation status, number and scope of the laboratory - 4. Name of the chem ical- (i) Common International accepted name (ii) Chemical name, batch number, manufacturing and expiry date. (iii) Whether included in the schedule to the Insecticide Act, 1968 5. (a) Toxicity (LD50 value) (i) Oral LD50 (Rat)………………….mg/kg b.w. (ii) Acute Dermal LD50 (Rat)……………m g/kg b.w. (iii) Acute inhalation LC50 (Rat)……………mg/L (b) Whether manufacture, sale, distribution or use is prohibited or not allowed in the country of its origin or manufacture or any other restrict ion has been imposed thereon. If so, please give full details. 6. Main active group to which the chemical belongs: - 7. Specific purpose for which the chemical required for import: - 8. Crops or pests against which this is to be tested in vitro and in vivo: - 9. (a) Name of the institute where it is to be tested in the c ountry; (b) Name, designation of the person under whose supervision tests are to be conducted; 10. Quantity imported – 11. Type of Research and development/Experiments carried: i. ii. iii. 12. Quantity left: 13. Type of packing 14. Port of entry 15. Value in rupees of the imported insecticide or pesticide 16. Weather any examination, analysis, tests or trials are already being carried out in the country of origin or in the importing co untry, if so, please give details. Signature of the applicant:……… ……………... Name of the applicant:…………………………. Verification I………………………… ………………… Son or Daughter of................ .............. ........................... Resident of ............................................. .............................................. ...............................................do hereby verify in my capacity as ....... ...................................................... ..................................................... authorised signatory of ….…………............................. ........ .............................................................that the particulars given above are true and correct and that I am competent to sign and verify the above application and also give an undertaking for not diverting the imported quantity of inse cticides for any commercial purpose and the entire quantity is used only for research and development activities, registration related data generation and carrying out experiments with insecticides only. In case the information is found to be false , incorr ect or misleading, I shall be held responsible under relevant provisions of the Insecticides Act 1968 and Insecticides Rules, 1971. Signature………………….. Name……………………… Place………………………. Date……………………….. Seal of the Institution or Organization or laborat ory Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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