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Core Purpose

Draft notification proposing the Insecticides (Fourth Amendment) Rules, 2024 to amend the Insecticides Rules, 1971, easing licensing and QR-code labelling requirements for household-use insecticides.

Detailed Summary

By notification G.S.R. 507(E) dated 16th August 2024, the Ministry of Agriculture and Farmers Welfare (Department of Agriculture and Farmers Welfare), exercising powers under section 36 of the Insecticides Act, 1968 (46 of 1968), publishes draft Insecticides (Fourth Amendment) Rules, 2024 for public comment within thirty days, with objections to be sent to the Additional Secretary (Plant Protection) or via email at [email protected]. The draft rules amend the Insecticides Rules, 1971 (last amended vide G.S.R. 228(E) dated 22nd March 2024; principal rules published vide G.S.R. 1650(E) dated 19th October 1971): in rule 10, they omit the phrase 'or renewal of existing license' from sub-rule (1B), reduce the processing period in sub-rule (1C) from ninety to thirty days, and exempt insecticides commonly used for household control of cockroaches, mosquitoes, houseflies and bed bugs from certain principal-certificate and endorsement requirements. In rule 18, they permit an optional QR code on retail packs of such household insecticides linking to manufacturer information, and insert new Form II (licence application) and Form III (licence format) in the First Schedule specifically for household-use insecticide dealers. The notification is issued under File No. 13035/08/2023-PP-I and signed by Faiz Ahmed Kidwai, Additional Secretary (Plant Protection).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-22082024-256536 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 468] NEW DELHI, TUESDAY, AUGUST 20, 2024/SHRAVANA 29, 1946 MINISTRY OF AGRICULTURE AND FARMERS WELFARE (Department of Agriculture and Farmers Welfare) NOTIFICATION New Delhi, the 16th August, 2024 G.S.R. 507(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 required 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 Central Government; Objections and suggestions in respect to the said draft rule may be forwarded to the Additional Secretary (Plant Protection), Ministry of Agriculture and Farmers Welfare, Department of Agriculture and Farmers Welfare, Krishi Bhawan, New Delhi-110 001 or through email at [email protected] Draft Rules 1. (1) These rules may be called the Insecticides (Fourth Amendment) Rules, 2024. (2) They shall come into force on the date of their final publication in the Official Gazette. 2. In the Insecticides Rules, 1971 (hereinafter referred to as the said rules), In Rule 10 :- (1) In sub-rule (1B), the word “or renewal of existing license" shall be omitted. (2) In sub-rule (1C), for the word "ninety", the word "thirty" shall be substituted. (3) In sub-rule 4, clause (iii) the following proviso shall be inserted namely:- "Provided no such endorsement for any additional insecticide is required in the license to sell, stock or exhibit for sale of insecticides commonly used for house hold purpose for the control of cockroaches, mosquitoes, housefly and bed bugs" (4) In sub-rule (4A) after clause (iv) the following clause shall be inserted namely:- "(v) The principal certificate as stated in clause (i) to (iv) is not applicable for the license to sell, stock or exhibit for sale of insecticides commonly used for house hold purpose for the control of cockroaches, mosquitoes, housefly and bed bugs only" 3. In rule 18, sub rule (1), after clause (u), the following proviso shall be inserted, namely:- Provided that QR Code may be placed on retail pack (Primary or Secondary pack as the case may be) of insecticides commonly used for house hold purpose (for the control of cockroaches, mosquitoes, housefly and bed bugs) 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 leaflet and the QR code shall contain all the contents of sub rule (1) of rule 18. 4. In the said rules, in the “FIRST SCHEDULE” the “FORM II, Application for Grant of License to Sell, Stock or Exhibit for sale Insecticides commonly used for House hold purpose for the control of cockroaches, mosquitoes, housefly and bed bugs only" shall be inserted. FORM II (4) License to Sell, Stock or Exhibit for sale Insecticides commonly used for Household purpose for the control of cockroaches, mosquitoes, housefly and bed bugs only [See Sub-rule (1) of rule 10] To The Licensing Authority, -------------------- -------------------- -------------------- 1. Name, address and email of the applicant: 2. Complete address (including name of the lane, PIN Code, etc.) of the premises, where the insecticide(s) shall be (a) stored/stocked: (b) sold or exhibited for sale: 3. Full particulars of license(s), if issued in the name of the applicant by any other state in the area of their jurisdiction: 4. Particulars of the application fee paid by the applicant: 5. Any other relevant information: Signature of the applicant with seal DECLARATION (Strike out which is not applicable) (a) I...............................s/d/o do hereby solemnly verify that the information given in the application and the annexures and statements accompanying it is correct and complete to the best of my knowledge and belief and that nothing has been concealed. I clearly understand that this license is liable to be cancelled, if any information, or part thereof, is found to be wrong, fake or false at any stage or any condition of license is violated. (b) I declare that we have adequate space and facilities to stock insecticides, so as to maintain their quality on shelf. (c) I also declare that I shall not take possession of any stock without satisfying myself with the quality thereof. (d) I further declare that I am making this application in my capacity as...............and that I am competent to make this application and verify it by virtue of..... ..., an attested copy of which is enclosed herewith. I further declare that I shall abide by the conditions laid down in the license and failure to do so shall render the license liable to cancellation. Place....................... Date....................... Signature of the applicant with seal 5. In the said rules, in the "FIRST SCHEDULE" the "FORM III, License to Sell, Stock or Exhibit for sale Insecticides commonly used for Household purpose for the control of cockroaches, mosquitoes, housefly and bed bugs only" shall be inserted. FORM III (On the letter of the Licensing Officer) License to Sell, Stock or Exhibit for sale Insecticides commonly used for Household purpose for the control of cockroaches, mosquitoes, housefly and bed bugs only. [See sub-rule (4) of rule 10] 1. License Number...................... License to sell, stock or exhibit for sale insecticide(s) commonly used for Household purpose only in the premises situated at ---------------------------------------------------------------------------------------------------------------------------------- (Complete address along with PIN Code) is granted to M/s (Name, Complete Address, e-mail etc.) ---------------------------------------------------------------------------------------------------------------------------------- 2. The license is subject to such conditions as may be specified in the rules for the time being in force under the Insecticides Act, 1968 as well as the conditions on the certificate of registration and others as stated below. Signature of the Licensing Officer Seal CONDITIONS 1. This licence shall be displayed in the prominent place in the premises for which the licence is being issued and shall be produced for inspection as and when required by an Insecticide Inspector, licensing officer or any other officer authorised by the Government in this regard. 2. The licensee shall scrupulously comply with each and every condition of registration of the insecticide(s), failing which the license is liable to be cancelled. 3. The licensee shall comply with the provisions of the Insecticides Act, 1968, and the rules made there under for the time being in force. 4. The licensee shall maintain the record of 'date expired insecticides' separately in the format as per Appendix A. 5. Any other condition(s) as specified by the licensing officer. Signature of the licensing officer [F. No. 13035/08/2023-PP-I] Faiz Ahmed Kidwai, Addl 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 last amended vide G.S.R. 228 (E) dated 22th March, 2024.

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