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Core Purpose

Draft notification under Section 36 of the Insecticides Act, 1968, proposing the Insecticides (Ninth Amendment) Rules, 2023, to amend the labelling requirements under Rule 19 of the Insecticides Rules, 1971.

Detailed Summary

The Ministry of Agriculture and Farmers Welfare (Department of Agriculture and Farmers Welfare) published draft notification G.S.R. 894(E) dated 13th December 2023, under Section 36 of the Insecticides Act, 1968 (46 of 1968), proposing the Insecticides (Ninth Amendment) Rules, 2023, further amending the Insecticides Rules, 1971 (principal rules published as G.S.R. 1650(E) dated 19th October 1971, last amended by G.S.R. 827(E) dated 8th November 2023); objections and suggestions were invited within thirty days of publication, addressed to the Joint Secretary (Plant Protection), Ministry of Agriculture and Farmers Welfare, Krishi Bhawan, New Delhi-110001, or by email to [email protected]. The draft rules substantially revise sub-rule (1) of Rule 19 governing insecticide labels, requiring labels in English and Hindi across three package-size categories (Ultra small: 1 gm/ml to 50 gm/ml; Small: 51 gm/ml to 250 gm/ml; Big: over 250 gm/ml) and mandating specified content including brand and common name, a prominent "Read Leaflet Before Use" instruction, intended use, re-entry period, composition, directions for use, safety precautions, antidote statement, manufacturer details, registration and manufacturing licence numbers, batch number, manufacturing and expiry dates, MRP inclusive of taxes, and net content (cross-referencing the Legal Metrology (Packaged Commodities) Rules, 2011), cautionary statements, and customer-care details including a QR code encoding the Unique Identifier/GTIN, batch number, manufacturing date, expiry date, and a web link; the draft also revises secondary-packing requirements, permits abbreviated composition and manufacturer details on ultra-small pack labels with full details on the leaflet, sets the minimum pictogram-panel dimension at 1.0 cm x 1.0 cm, inserts an Explanation requiring compliance within six months of commencement and prohibiting sale of non-compliant products after two years of commencement or the product's expiry date (whichever is earlier), and omits the words "unless stated otherwise" from sub-rule (7); the notification (File No. 13035/21/2013-PP-I) was signed by Ashish Kumar Srivastava, Joint Secretary (Plant Protection).

Full Text

7732 GI/202 3 (1) रजजस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 711] NEW DELHI, THURS DAY , DEC EMBER 14, 2023/ AGRAHAYANA 23, 1945 CG-DL-E-14122023-250676 MINISTRY OF AGRICULTURE AND FARME RS WELFARE (Department of Agriculture and Farmers Welfare) NOTIFICATION New Delhi , the 13th December, 2023 G.S.R . 894 (E).—The following draft rules further to amend the Insecticides Rules, 1971, which the Central Government proposes to make in exercise of the powers conferred by section 36 of the Insecticides Act, 1968 (46 of 1968), is hereby published, as requi red by the said section, for information of all persons likely to be affected thereby; and notice is hereby given that the said draft rule shall be taken into consideration after the expiry of thirty days from the date on which copies of this notification as published in the Gazette of India are made available to the public; Objections or suggestions which may be received from any person in respect of the said draft rule before the expiry of the aforesaid period of thirty days will be considered by the Ce ntral Government; Objections and suggestions in respect to the said draft rule may be forwarded to the Joint Secretary (Plant Protection), Ministry of Agriculture and Farmers Welfare, Department of Agriculture and Farmers Welfare, Krishi Bhawan, New Del hi-110 001 or through email at jspp [email protected]. Draft Rules 1. Short title and Commencement: - (1) These rules may be called the Insecticides ( Ninth Amendment) Rules, 2023. (2) They shall come into force on the date of their final publication in the Official Gazette. 2. In the Insecticides Rules, 1971 , in sub -rule (1) of Rule 19 : - (1) For clause (i) following shall be substituted namely: - “The label shall have either one, two or three panels and shall be printed only in English and Hindi languages. 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). Equal prominence shall be given to the Brand name and Common name and it should occupy not more than 20% of area of the face of the panel. The brand name shall be in bo ld; (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) 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 Healt h (v) others(specify); (e) optimal re -entry period after each application of insecticide as approved by the Registration Committee; (f) composition of the formulation or insecticides; (g) Please refer leaflet for details of directions for use; manner and t ime of application; list of crops or target area and broad category of pests on which it is registered to apply; dosage (include gram active ingredient, formulation and dilution in litres and area); safety precautions as approved by Registration Committe e; symptoms of poisoning and first aid (h) antidote statement; (i) name of the manufacturer; (j) imported and re -packed by (wherever applicable); (k) marketed by; (l) registration number of the insecticide; (m) manufacturing license number; (n) batch numb er; (o) manufacturing date; (p) expiry date; (q) Maximum Retail Price (MRP) Inclusive of all taxes; (r) 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 (p), (q) and (r). (s) cautionary statement : - (i) Not to be used for any purpose other than those subscribed on label and leaflets; (ii) Destroy the container after use as directed on leaflet; and (iii) Any other warning or cautionary statement as approved by Registration Committee; (t) Customer care details such as Company's name, QR Code, e -mail id and customer care numbers. Provided that QR Code shall be placed on retail pack (Primary or Secondary pack as the case may be) at suitable place where on scanning the QR code by scanning equipment like mobile phone, a web link or link for opening the URL of the Manufacturing company will appear, which on pressing or clicking, will take the user to the entire unique information of label and l eaflet and the QR code shall contain at least the following information: (a) Unique Identifier or GTIN; (b) Batch Number; (c) Date of Manufacturing; (d) Date of Expiry: (e) Web link or URL. Note II : The provisions of (t) are in addition to the Legal Metrology(Packaged Commodities) Rules 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 prin ted only once on the label. For small labels the pictograms on the primary pack shall be printed on primary or the secondary pack. For ultra small labels the pictograms shall be printed on leaflet.” (2) For clause (iii) following shall be substituted nam ely :- “(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. Provided that secondary packs may not be requ ired for ultra or small packages whose label of primary pack have all contents of clause (i) of sub -rule (1) of rule 19 with indelible ink in the font sizes not less than size prescribed. Provided that for ultra -small packs, multiple primary packs m ay be packed in one secondary pack and the manufacturer shall ensure leaflet and QR code be securely attached with each primary pack before packing them in one secondary pack. (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.” (3) in clause (iv), the following proviso shall be inserted, namely: - “Provided that in case of ultra small packs, composition of the formulation or insecticide may be displayed in short as “percentage of active ingredient and other ingredients” and the complete composition shall be printed on leaflet. Name and address of the manufacturer may be printed in short on label and complete add ress shall be printed on leaflet.” 3. In the said rules, after sub -rule (3), first proviso shall be replaced with words: “Provided that for ultra -small packs, the dimensions of the said square shall be not less than 1 square centimeter (1.0 cm x1.0 cm) .” 4. After sub -rule (3), the following Explanation shall be inserted, namely: Explanation: For the purposes sub -rule (1) and sub -rule (3), it is hereby clarified that, (i) no registration certificate holder shall use a label or leaflet, which is not in accordance with the provisions of the Insecticides ( Ninth Amendment) Rules, 2023, after a period of six months from the date of commencement of the Insecticides ( Ninth Amendment) Rules, 2023. (ii) no insecticides or its package bearing a label or leaflet, which is not in accordance with the provisions of the Insecticides ( Ninth Amendment) Rules, 2023, shall be distributed, sold, exhibited for sale or stocked, after expiry of two years from the date of commencement of the Insecticides ( Ninth Amendment) Rules , 2023 or its expiry date, whichever is earlier and this explanation shall cease to exist after expiry of the said period, unless otherwise directed. 5. in sub -rule (7) the words “ unless stated otherwise” shall be omitted. [F. No. 13035/21 /2013 -PP-I] ASHISH KUMAR SRIVASTAVA, Jt. Secy. (PP) Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i) vide number G.S.R. 1650 (E), dated the 19th October, 1971 and was amended vide G.S.R 827 (E) dated 8th November, 2023. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controlle r of Publications, Delhi -110054.

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