Insecticides (Prohibition) Order, 2023
[29th September 2023]
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 continued 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restricted or withdrawn in other countries but continue to be registered for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 Committee 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 Committee 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 submitted recommendations to the
Central Government;
And
whereas, the Central Government, after consultation with the Registration
Committee and duly considering their report 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 Insecticides 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 the 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 Government, 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 Order, 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 Government 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 thereby,
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, namely:-
Order - 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.
Order - 2. Prohibition of certain insecticides
(1)
All
the certificates 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 under 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.
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 cancelled 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
certificate 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, all the certificates of registration of Monocrotophos 36% SL
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 Registration 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 column (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
|
Sl.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 labels 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. |
Oxyfluorfen |
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 insecticides 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 publication 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 certificates 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.