INSECTICIDES RULES, 1971

[INSECTICIDES RULES, 1971][1]

[19th october, 1971]

CHAPTER I PRELIMINARY

Rule - 1. Short title and commencement.

(1)     These rules may be called the Insecticides Rules, 1971.

(2)     They shall come into force on the [2][30th day of October, 1971].

Rule - 2. Definitions.

In these rules, unless the context otherwise requires:

[3][(a) “Act” means the Insecticides Act, 1968 (46 of 1968);

(b)   “Commercial Pest Control Operation” means any application or dispersion of Insecticide including fumigants in household or public or private premises or land and includes pest control operations in the fields including aerial applications for commercial purposes but excludes private use;

(c)   “dealer” means a person carrying on the business of selling insecticides, whether wholesale or retail, and includes and agent of a dealer;

(d)   “expiry date” means the date that is mentioned on the container, label or wrapper of an insecticide against the column ‘date of expiry’;

(e)   “Form” means a form set out in the First Schedule;

(f)    “Laboratory” means the Central Insecticides Laboratory;

(g)   “manufacturer” means any person who manufactures insecticides and includes a formulator of the insecticides;

(h)  “pests” means any insect, rodent, fungi, weed and other forms of plant or animal life not useful to human beings;

(i)    “Pest Control Operator” means any person who undertakes pest control operations and includes the person or the firm or the company or the organisation under whose control such a person is operating;

(j)    “primary package” means the immediate package containing the insecticides;

(k)   “principal” means the importer or manufacturer of insecticides, as the case may be;

(l)    “registration” includes provisional registration;

(m) “rural area” means an area which falls outside the limits of any Municipal Corporation or Municipal Committee or a Notified Area Committee or a Cantonment;

(n)   “Schedule” means a Schedule annexed to these rules;

(o)   “secondary package” means a package which is neither a primary package nor a transportation package;

(p)   “section” means a section of the Act;

(q)   “testing facility” means an operational unit where the experimental studies are being carried out or have been carried out in relation to submission of data on product quality or on safety or on efficacy or on residues or on stability in storage of the insecticides for which an application for registration is made;

(r)    “transportation package” means the outer most package used for transportation of insecticides.'

CHAPTER II FUNCTIONS OF THE BOARD, REGISTRATION COMMITTEE AND LABORATORY

Rule - 3. Functions of the Board.

The Board shall, in addition to the functions assigned to it by the Act, carry out the following function, namely.

(a)      advise the Central Government on the manufacture of insecticides under the Industries (Development and Regulation) Act, 1951 (65 of 1971);

(b)      specify the uses of classification of insecticides on the basis of their toxicity as well as their being suitable for aerial application;

(c)      advise tolerance limits for insecticides residues and on establishment of minimum intervals between the application of insecticides and harvest in respect of various commodities;

(d)      specify the shelf-life of insecticides;

(e)      suggest colourisation, including colouring matter which may be mixed with concentrates of insecticides, particularly those of highly toxic nature;

(f)       carry out such other functions as are supplemental, incidental or consequential to any of the functions conferred by the Act or these rules.

Rule - 4. Functions of Registration Committee.

The Registration Committee shall, in addition to the functions assigned to it by the Act, perform the following functions, namely.

(a)      specify the precautions to be taken against poisoning through the use or handling of insecticides;

(b)      carry out such other incidental or consequential matters necessary for carrying out the functions assigned to it under the Act or these rules.

Rule - 5. Functions of Laboratory.

The functions of the Laboratory shall be as follows.

(a)      to analyse such samples of insecticides sent to it under the Act by any officer or authority authorised by the Central or State Governments and submission of certificates of analysis to the authority concerned;

(b)      to analyse samples of materials for insecticide residues under the provisions of the Act;

(c)      to carry out such investigations as may be necessary for the purpose of ensuring the conditions of Registration of insecticides;

(d)      to determine the efficacy and toxicity of insecticides;

(e)      to carry out such other functions as may be entrusted to it by the Central Government or by a State Government with the permission of the Central Government and after consultation with the Board.

CHAPTER III REGISTRATION OF INSECTICIDES

Rule - 6. Manner of Registration.

[4][(1)(a) An application for registration of an insecticide under the Act shall be made in Form I and the said Form including the verification portion, shall be signed in case of an individual by the individual himself or a person duly authorised by him; in case of Hindu Undivided Family, by the Karta or any person duly authorised by him; in case of partnership firm by the managing partner; in case of a company, by any person duly authorised in that behalf by the Board of Directors; and in any other case by the person in charge or responsible for the conduct of the business. Any change in members of Hindu Undivided Family or partners or the Board of Directors or the person in charge, as the case may be, shall be forthwith intimated to the Secretary, Central Insecticides Board and Registration Committee and the Licensing Officer.

(b) The Registration Committee may, if necessary direct the inspection of the ‘testing facility’ for establishing the authenticity of the data.]

[5][(2) An application form duly filled [6][* * *] shall be sent to the Secretary, Registration Committee, Directorate of Plant Protection, Quarantine & Storage, NH-IV, Faridabad-121001, Haryana. The fee shall be payable as follows.

(i)       rupees five thousand each in case of application for registration under Section 9(3) and 9(3-B) of the Insecticides Act, 1968;

(ii)      rupees two thousand five hundred in case of application for registration under Section 9(4) of the Insecticides Act, 1968.]

[7][(3) The registration fee payable shall be paid [8][through Non-Tax Receipt Portal www.bharatkosh.gov.in to] the Accounts Officer, Directorate of Plant Protection, Quarantine and Storage, Faridabad, Haryana.

[9][(3-A) The registration fees may also be paid through debit or credit card using internet payment gateway services by logging on the website of Secretariat of Central Insecticides Board and Registration Committee.]

[10][(3-B) An application for registration of an insecticide falling under the category of Formulation Indigenous Manufacture as categorised by the Registration Committee under Section 5 of the Act shall only be accepted in electronic form online.]

[11][(4) The certificate of registration shall be issued in the format as approved by the Registration Committee with such conditions as specified therein.]

[12][(4-A) The Certificate of Registration under sub-rule (3-B) shall be issued in electronic form online in [13][in the format as approved by the Registration Committee] and shall be subject to such conditions as specified therein.]

Rule - [6-A.[Issue of duplicate Certificate of Registration] [14].

A fee of rupees one hundred shall be paid [15][through Non-Tax Receipt Portal www.bharatkosh.gov.in to] the Account's Officer, Directorate of Plant Protection, Quarantine & Storage, Faridabad, Haryana for a duplicate copy of a certificate of Registration if the original is defaced, damaged or lost.][16]

Rule - [6-B. Addition, deletion or alteration on the Certificate of Registration including labels and leaflets.

A fee of rupees one hundred shall be paid [17][through Non-Tax Receipt Portal www.bharatkosh.gov.in to] the Accounts Officer, Directorate of Plant Protection, Quarantine and Storage, Faridabad, Haryana on each occasion for each Certificate of Registration for addition, deletion, alteration on the Certificate of Registration including labels and leaflets.][18]

Rule - 7. Appeal.

(1)   An appeal against any decision of the Registration Committee under Section 9 shall be preferred in writing [19][* * *], in duplicate] to the Central Government in the Department of Agriculture.

[20][(2) The appeal shall be in writing duly signed by the appellant and shall clearly indicate, name, address and e-mail of the appellant, name of insecticides to which appeal pertains, date of the decision of the Registration Committee appealed against, whether the appeal is within prescribed period of limitation, particulars of the fee deposited, complete statement of facts with supporting documents, grounds for appeal, and the relief claimed.]

[21][(3) Every appeal shall be accompanied by a [22][deposited receipt] of rupees one thousand towards fee and a copy of the decision appealed against.]

[23][(4) [24][The fee payable for preferring an appeal shall be paid [25][through Non-Tax Receipt Portal www.bharatkosh.gov.in to] the Pay and Accounts Officer, Department of Agriculture & Cooperation, New Delhi.]

Rule - 8. Manner of publication of refusal to register or cancellation of the certificate of registration.

A refusal to register an insecticide or a cancellation of the certificate of registration of an insecticide shall also be published in any two English and Hindi newspapers which have circulation in a substantial part of India and in any of the journals published by the Department of Agriculture of the Government of India.

CHAPTER IV GRANT OF LICENCES

Rule - 9. Licences to manufacture insecticides.

[26][(1) Application for the grant [27][* * *] of a licence to manufacture any insecticide shall be made in [28][Form II] [29][* * *] to the licensing officer and shall be accompanied by a fee of rupees two thousand for every insecticide and a maximum of rupees twenty thousand for all insecticides for which the licence is applied.]

(2)   If an insecticide is proposed to be manufactured at more than one place, separate applications shall be made and separate licences shall be issued in respect of every such place.

[30][(3) A licence to manufacture insecticides shall be issued in [31][Form III] and shall be subject to the following conditions, namely.

(i)       The licence [32][* * *] shall be kept on the approved premises and shall be produced for inspection at the request of an Insecticide Inspector appointed under the Act or any other officer or authority authorised by the licensing officer.

(ii)      Any change in the expert staff named in the licence shall forthwith be reported to the licensing officer.

(iii)     If the licensee wants to undertake during the currency of the licence to manufacture for sale additional insecticides, he shall apply to the licensing officer for the necessary endorsement in the licence on payment of the prescribed fee for every category of insecticide.

(iv)    [33][* * *]

(v)      The licensee shall comply with the provisions of the Act and the rules made thereunder for the time being in force [34][including the conditions of licence].]

(vi)    [35][* * *]

(vii)   [36][* * *]

[37][(4) A licensing officer may, after giving reasonable opportunity of being heard, to the applicant, refuse to grant any licence.

(4-A) No licence to manufacture an insecticide shall be granted unless the licensing officer is satisfied that necessary plant and machinery, safety devices, first-aid facilities etc., exist in the premises where the insecticide is proposed to be manufactured.]

[38][(4-B) A person who applies for manufacturing licence shall possess or shall employ a person possessing the following educational qualification.

(i)       Doctorate in chemistry or agriculture chemistry or agriculture chemicals or Master of Technology or Master of Science in chemical engineering or equivalent for manufacture of technical grade pesticides; or

(ii)      Master degree in science with chemistry or agricultural chemistry or agriculture chemicals or equivalent as one of the subject for manufacture of pesticide formulation:

Provided that a person possessing a manufacturing licence on the date of notification of the Insecticides (Third Amendment) Rules, 2017 shall be allowed a period of two years to comply with the educational qualification.]

[39][(5) A fee of rupees one hundred shall be paid for a duplicate copy of a licence issued under this rule, if the original is defaced, damaged, or lost.]

Rule - 10. Licences for sale, etc., of insecticides.

(1)     Applications for the grant [40][* * *] of a licence to sell, stock or exhibit for sale or distribute insecticides shall be made in [41][Form II] [42][* * *] to the licensing officer and shall be accompanied by the fees specified in sub-rule (2).

[43][(1-A) Person who applies for the grant of licence to sell, stock or exhibit for sale or distribute insecticides shall possess or employ a person possessing a graduate degree in Agricultural Sciences or Biochemistry or Biotechnology or Life Sciences or in Science with Chemistry or Botany or Zoology from a recognised university or Institute; or

One year diploma course in Agriculture or Horticulture or related subjects from any government recognised university or institute with course content on plant protection and pesticides management:

Provided that all retailers or dealers possessing a valid licence without the prescribed qualification as on the date of publication of these rules as amended by the Insecticides (Second Amendment) Rules, 2017 shall be allowed time up to [44][31st December, 2022] to comply with the said qualifications:

Provided further that the existing licensee of pesticides, who are more than forty-five years of age and who have been running their trade either themselves or have inherited with cumulative period of experience of more than ten years as on the date of publication of these rules as amended by the Insecticides (Second Amendment) Rules, 2017 and the annual turn over is less than Rs Five lakh are exempted from the aforesaid rule for a period of licenceship continuing in their name:

[45][Provided also that all other existing retailers or dealers who are not covered under the second proviso, but who possess a valid licence as on the 1st February, 2017, the date of commencement of the Insecticides (Second Amendment) Rules, 2017 and are without prescribed qualification, may undergo certificate course of twelve week duration with one class a week in insecticides management from any State Agriculture University or Krishi Vigyan Kendras or National Institute of Agricultural Extension Management, Hyderabad or National Institute of Rural Development and Panchayati Raj, or National Institute of Plant Health Management, Hyderabad, State Agricultural Management and Extension Training Institute, Central or State research institutes or any other Government recognised university or institute.]

The payment of salary of the employee shall be made by licensees through digital mode or by a cheque to ensure that the person is employed with them.]

[46][(1-B) A person who applies for the grant of licence or renewal of existing licencee to sell, stock or exhibit for sale or distribute insecticides commonly used for household purpose only and registered as such, shall be exempted from the requirement of educational qualification specified in sub-rule (1-A).

(1-C) A person who applies for the grant of licence to sell, stock or exhibit for sale or distribute insecticides commonly used for household purpose only and registered as such shall be deemed to have granted a licence if the licensing officer did not grant him licence after expiry of a period of ninety days from the date of submission of his application.]

[47][(2) The fee payable under sub-rule (1) for grant [48][* * *] of a licence shall be rupees five hundred for every insecticide for which the licence is applied subject to a maximum of rupees seven thousand five hundred. There shall be a separate fee for each place, if any insecticide is sold, stocked or exhibited for sale at more than one place:

Provided that the maximum fee payable in respect of insecticides commonly used for household purposes and registered as such shall be rupees two hundred fifty for every place:

Provided further that if the place of sale is established in the rural areas, the fee shall be one fifth of the fee specified in this rule.]

(3) If any insecticide is proposed to be sold or stocked for sale at more than one place, separate applications shall be made and separate licences shall be issued in respect of every such place [and for every insecticides][49].

[50][(3-A) Pest Control Operators.

(i)       Any person who desires to undertake pest control operations, with the use of Aluminium Phosphide, Methyl bromide, Ethylene dibromide or as notified shall apply for a licence in [51][Form II] with a fee of rupees one thousand for each place of operation. The licence granted for such operations shall be valid for a period of five years provided that the licence shall be renewed after verification or inspection at the expiry of this period on application in [52][Form II] for a further period of five years with an application fee of rupees one thousand.

(ii)      A licence to stock and use insecticides for pest control operators will be issued in [53][Form III].

(iii)     Any person who applies for grant of licence for undertaking pest control operations should be at least a graduate in Agriculture or in Science with Chemistry as a subject with a certificate of minimum 15 days training from any of the following Institutions—Central Food Technological Research Institute, Mysore; Indian Grain Storage Institute, Hapur and National Plant Protection Training Institute, Hyderabad.

(iv)    For undertaking fumigation, the pest control operators shall have to obtain special permission from the Plant Protection Adviser to the Government of India in addition to obtaining licence. The Plant Protection Adviser will grant such permission as per procedure or guidelines approved by the Registration Committee.

(v)      The commercial pest control operators shall adhere to the prescribed guidelines or procedures as laid down by the Plant Protection Adviser to the Government of India in regard to the fumigation operations undertaken by them.]

[54][(4) A licence to sell, stock or exhibit for sale or distribute insecticides shall be issued in [55][Form III] and shall be subject to the following conditions, namely.

(i)       The licence shall be displayed in a prominent place in the part of the premises open to the public.

(ii)      The licensee shall comply with the provisions of the Act, and the rules made thereunder for the time being in force [56][including the conditions of licence].

[57][(iii) Where the licensee wants to sell, stock or exhibit for sale or distribute any additional insecticides during the currency of the licence, he may apply to the licensing officer for necessary endorsement on the licence on payment of fees specified in sub-rule (2).]

[58][[(iv) if the licensing officer is satisfied that a particular insecticide is harmful to human beings, animals or environment, he may after recording reasons and referring the Insecticide to the Insecticide Analyst, prohibit temporarily its sale for a period of thirty days or till he obtains the report of the Analyst, whichever is earlier.]

(4-A) [59][(i) Every person shall along with his application for grant [60][* * *] of a licence to undertake operation or sell, stock or exhibit for sale or distribute insecticides, file a certificate from the principal whom he represents or desires to represent in [61][Appendix to Form II].]

(ii) The certificate to be issued by the principal shall be addressed to the licensing officer of the area concerned and shall contain full particulars of the principal including their registration and manufacturing licence numbers, full name and address of the person proposed to be authorised and also the type of formulations to be used in commercial pest control operations, sold, stocked or exhibited for sale or distribution.

(iii) In order to verify the genuineness or otherwise of the certificate, the principal shall send to the licensing officer of the State where he intends to sell his products an adequate number of copies of the specimen signature or the specimen signatures of the persons authorised in writing to issue the principal's certificate.

(iv) In case of suspension, revocation or cancellation of the certificate, the principal shall forthwith intimate the licensing officer having jurisdiction.]

[62][(5) A licensing officer may, after giving a reasonable opportunity of being heard to the applicant, refuse to grant any licence.]

[63][(6) A fee of rupees one hundred shall be payable for a duplicate copy of a licence issued under this rule if the original is defaced, damaged or lost.]

[64][(7) The licensee shall maintain all the records or registers in the formats as prescribed in the Appendices to the licence and the licensing officer shall conduct inspection of infrastructure, premises, stocks and records at least once in every two years.]

Rule - [10-A. Segregation and disposal of date-expired pesticides.

(a)    Immediately after the date of expiry all such stocks after being segregated and stamped ‘not for sale’ or ‘not for use’ or ‘not for manufacture’, as the case may be, shall be kept by the licensee in a separate place specially demarcated for the purpose with a declaration ‘date-expired insecticides’ to be exhibited on the conspicuous part of the place. [65][A record of all such stocks shall be maintained in [66][Appendix A to Form III] [67][either in physical form or digital form].][68]

[69][(b) All such stocks then shall be disposed of in an environment friendly manner as may be specified from time to time by the Central Government in consultation with the Central Insecticides Board and shall not be used for remanufacture.]

Rule - 10-B. Special provision with regard to sulphur.

In regard to insecticide ‘Sulphur’ and its formulations, all licensees shall.

(a)      observe all precautions to prevent its theft;

(b)      report any such theft to the nearest police authorities promptly; and

(c)      maintain a separate register showing names and addresses of all the persons to whom it has been sold or distributed and the quantities to be sold or distributed.

Rule - 10-C. Prohibition against sale or storage of insecticides in certain places.

No person shall manufacture, store or expose for sale or permit the sale or storage of any insecticide in the same building where any articles consumable by human beings or animals are manufactured, stored or exposed for sale.

Explanation. Nothing contained in this rule will apply to the retail sales of household insecticides from the building wherefrom other articles consumable by human beings or animals are usually sold provided such household insecticides have been registered as such and are packed and labelled in accordance with these rules.]

Rule - [10-D. Manufacturer and dealer to display stock and price list of insecticides.

Every manufacturer and every dealer who makes or offers to make a retail sale of any insecticides shall prominently display at his place of business,

(a)      the quantities of stock of different insecticides held by him on daily basis; and

(b)      a list of prices or rates of such insecticides for the time being available in such place of business.][70]

Rule - 11. Duration of Licences.

[71][(a) A licence to manufacture insecticides, if any, issued on the basis of provisional registration granted under sub-section (3-B) of Section 9, shall expire on the date of expiry of the provisional registration. A licence granted by endorsement on the main licence shall expire along with the main licence.]

(b)   An application for the renewal of a licence [72][in case of pest control operators] shall be made before its expiry and if such an application is made after the date of expiry but within three months from such date, a late fee of.

[73][[(i) rupees five hundred for the first month or part thereof, rupees one thousand for the second month or part thereof and rupees one thousand and five hundred for the third month or part thereof in case of licence [74][* * *] to carry pest control operations;

(ii) [75][* * *]

[76][(c) The licence shall continue to be in force until it is renewed or revoked. Where an appeal is preferred under Section 15, the licence shall continue to be revoked until disposal of appeal or as ordered by the appellate authority pending disposal of the appeal.]

(d)   A licensing officer may, after giving an opportunity of being heard, refuse to renew the licence [77][for reasons to be recorded in writing].

Rule - 12. Conditions of licence.

[78][(a) Subject to conditions laid down in sub-rule (3) of Rule 9 and sub-rule (4) of Rule 10, a licence shall not be granted to any person under this Chapter unless the licensing officer is satisfied that the premises in respect of which licence is to be granted are adequate and equipped with proper storage accommodation for avoiding any hazards for preserving the properties of insecticides in respect of which the licence is granted.]

(b) In granting a licence, the licensing officer shall have regard, among other things to

(i)       the number of licences granted in the locality during any year; and

(ii)      the occupation, trade or business carried on by the applicant.

Rule - 13. Varying or amending a licence.

The licensing officer may either on an application made by the licensee or if he is satisfied that the conditions under which a licence has been granted under this Chapter have been changed that it is necessary so to do, vary or amend a licence [79][after satisfying himself that the Registration Committee has amended the registration certificate and], after giving an opportunity of being heard to the person holding the licence.

Rule - 14. Transfer of licence.

(1)     The holder of a licence may, at any time, before the expiry of the licence, apply for permission to transfer the licence to any other person.

(2)     The application under sub-rule (1) shall be accompanied by a fee of rupees [80][one hundred].

(3)     The licensing officer may, after such inquiry as he thinks fit accord permission to transfer the licence and on such permission being given an endorsement to that effect shall be made in the licence.

(4)     If the permission to transfer a licence is refused, the fee paid therefor shall be refunded to the applicant.

Rule - [15. Issuing cash or credit memo and maintenance of register, books of accounts and records.

(1)     All sales of insecticides shall be made by a bill or cash memo or credit memo in the form prescribed under any law.

(2)     All sales of insecticides made to a licensed manufacturer (formulator or packer), stockist, distributor, dealer, retailer or to a bulk consumer shall be entered insecticideswise, in a register [81][either in physical form or digital form] in [82][Appendix B to Form III] monthly return of all sales to actual consumers shall be sent to the licensing officer, [83][* * *] within 15 days from the close of the relevant month.

(3)     Every importer or manufacturer of insecticide shall maintain a stock register [84][either in physical form or digital form] in [85][Appendix C-1 to Form III] for technical grade insecticides and in [86][Appendix C-2 to Form III] for formulated insecticides.

(4)     Every manufacturer or importer shall maintain a book of accounts and register [87][either in physical form or digital form] of such sale, manufacture or import of technical Grade Insecticide and formulated Insecticide and submit the monthly statement or return to the licensing officer, in [88][[89][Appendix D-1 to Form III] and [90][Appendix D-2 to Form III]] respectively within 15 days from the closing of the month.

(5)     Without prejudice to the provisions of sub-rules (1) and (4), the Central Government or the State Government or any other person authorized by the Central Government or the State Government, as the case may be, may, by notice in writing require any importer or manufacturer or any other person dealing in insecticides to furnish within the time specified in the notice, such registers, books of accounts, records, documents or other such information with respect of any insecticides or any batch thereof, including the particulars of all persons to whom it has been sold or distributed, as it may consider necessary.][91]

CHAPTER V PACKING AND LABELLING

Rule - 16. Prohibition of sale or distribution unless packed and labelled.

No person shall stock or exhibit for sale or distribute [or cause to be transported][92] any insecticides unless it is packed and labelled in accordance with the provisions of these rules.

Rule - [17. Packaging of insecticides.

(1)     Every package containing the insecticides shall be of a type approved by the Registration Committee.

(2)     Before putting any insecticide into the primary package, every batch thereof shall be analysed as per the relevant specifications of the manufacture thereof, in accordance with the approved methods of analysis and the result of such an analysis shall be recorded in the register maintained for the purpose. If any insecticide is put in the package it shall be presumed that it is fit and ready for sale, distribution or use for which it is intended, notwithstanding the fact that any further steps are still required to be taken to make it marketable.][93]

Rule - 18. Leaflet to be contained in a package.

[(1)][94] The packing of every insecticide shall include a leaflet containing the following details, namely.

(a)      the plant disease, insects and noxious animals or weeds for which the insecticide is to be applied, the adequate direction concerning the manner in which the insecticide is to be used at the time of application;

(b)      particulars regarding chemicals harmful to human beings, animals and wild life, warning and cautionary statements including the symptoms of poisoning, suitable and adequate safety measures and emergency first-aid treatment where necessary;

(c)      cautions regarding storage and application of insecticides with suitable warnings relating to inflammable, explosive or other substances harmful to the skin;

(d)      instructions concerning the decontamination or safe disposal of used containers;

(e)      a statement showing the antidote for the poison shall be included in the leaflet and the label;

(f)       if the insecticide is irritating to the skin, nose, throat or eyes, a statement shall be included to that effect.

(g)      [95][common name of the insecticide as adopted by the International Standards Organisation and where such a name has not yet been adopted such other name as may be approved by the Registration Committee;]

(h)     [96][the information furnished on the label in English and Hindi shall be translated and published on the leaflet in Hindi, English and in the regional language of the region where the product is proposed for sale;

(i)       the leaflet shall be printed legibly and font size of the text shall be not less than eight points (8) or 2 mm;

(j)       safety pictograms provided on the label and others, if any, shall also be printed on the leaflet;

(k)      leaflet shall contain [97][* * *] advice to physicians for treatment in cases of poisoning;

(l)       details of label claims and directions for use with reference to target organism and crop shall be printed on the leaflet;

(m)    good practices relating to pesticide application techniques covering the following shall be provided for each [98][crop or recommended other use, whichever is applicable], namely.

[99][(i) weather conditions in general]

[100][(ii) soil and water, wherever applicable]

(iii) crops stage for application;

(iv) application techniques;

(v) equipment type;

(vi) nozzle type;

[101][(vii) dosage (include gram active ingredient formulation and dilution in litres )]

(viii) instructions for mixing;

(ix) re entry period;

(x) pre-harvest interval;

(xi) application timings;

(xii) frequency including maximum number of sprays;

(n)     stages during which pesticides should not be applied on any crop shall be furnished;

(o)      precautions to be taken to avoid harm to the beneficial insects like honey bees and natural enemies of pests shall be furnished;

(p)      the leaflet shall also contain the practices to be followed for usage of pesticides in confined areas, such as glasshouses, polyhouses, nursery beds, storage structures, fumigation chambers and public dwellings;

(q)      the warning directing the users not to re-use the containers-“Dangerous to re-use empty containers” shall be printed in bold letters;

(r)      directions for safe disposal of used containers shall be provided;

(s)      instructions on leaflets shall be appropriately coloured or printed in bold to draw attention of all users;

(t)       company shall furnish all information about the label and leaflet on their website and the address of the website shall be printed on the leaflet;

(u)     the leaflet for the pesticide formulations shall be [102][secured to primary pack or] inserted or kept in between primary and secondary packing or pouch as per Clause 1(i) of Rule 91.”;]

[103][(2) Two copies of the leaflets duly approved by the Registration Committee and signed by the Secretary, Registration Committee, shall be returned to the manufacturer and one copy thereof to the State licensing officer.]

Rule - 19. Manner of labelling.

[104][(1)(i) The label shall have either one, two or three panels and shall be printed only in English and Hindi languages unless stated otherwise. 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). The brand name shall not be of bigger size than 1.5 times size of common name and it should occupy not more than 20% of area of the face of the panel. The brand name shall be in bold;

(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)      directions for use, manner and time of application, list of crops or target area and broad category of pests on which it is registered to apply [105][(Please refer leaflet for details)];

(e)      dosage (include gram active ingredient, formulation and dilution in litres and area) [106][(Please refer leaflet for details)];

(f)       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 Health

(v)      others(specify);

(g)      optimal re-entry period after each application of insecticide as approved by the Registration Committee;

(h)     safety precautions as approved by Registration Committee [107][(Please refer leaflet for details)];

(i)       composition of the formulation or insecticides;

(j)       symptoms of poisoning and first aid [108][(Please refer leaflet for details)];

(k)      antidote statement;

(l)       name of the manufacturer;

(m)    imported and re-packed by (wherever applicable);

(n)     marketed by;

(o)      registration number of the insecticide;

(p)      manufacturing license number;

(q)      batch number;

(r)      manufacturing date;

(s)      expiry date;

(t)       Maximum Retail Price (MRP) Inclusive of all taxes;

(u)     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 (s), (t) and (u).

(v)      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;

(w)     Customer care details such as Company's name, QR Code, e-mail id and customer care numbers.

Note II: The provisions of (w) are in addition to the Legal Metrology (Packaged Commodities) Rule, 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 printed only once on the label. For ultra small and small labels the pictograms on the primary pack shall be printed on primary or the secondary pack.

[109][(ii) The label shall be printed legibly with indelible ink in English and Hindi languages unless stated otherwise in the font sizes not less than the size prescribed as below:

(iii)(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.

(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.

[110][(iv) In case where the sachets, packets or containers are ultra-small and small (for sizes between 1 and 50 gm or ml and 51 and 250 gm or ml) the following details shall be printed with indelible ink on primary package, namely.

(1)     common name;

(2)     brand name;

(3)     composition of the formulation or insecticides;

(4)     name and address of the manufacturer;

(5)     imported and re-packed by (wherever applicable);

(6)     antidote;

(7)     registration number;

(8)     manufacturer's license number;

(9)     batch number;

(10)   manufacturing date;

(11)   expiry date;

(12)   net content weight or volume (in metric system); and

(13)   maximum retail price (MRP inclusive of all taxes, in rupees); and

(14)   Customer care details.

(v) The model labels (one panel, two panels and three panels) shall be as per the pictures II.]]

(2)   The label shall be so affixed to the container that it cannot be ordinarily removed.

(3)   The label shall contain in a prominent place and occupying not less than [111][one-sixteenth of the area of the panel or four square centimetres whichever is greater], a square, set at an angle of 45o (diamond shape). The dimension of the said square shall depend on the size of the package on which the label is to be affixed. The said square shall be divided into two equal triangles, the upper portion shall contain the symbol and signal word specified in sub-rule (4) and the lower portion shall contain the colour specified in sub-rule (5).

(4)   The upper portion of the square, referred to in sub-rule (3) shall contain the following symbols and warning statements.

(i)       insecticides belonging to Category I (Extremely toxic) shall contain the symbol of a skull and cross-bones and the word “POISON” printed in red;

The following warning statements shall also appear on the label at appropriate place, outside the triangle.

(a)      “KEEP OUT OF THE REACH OF CHILDREN”;

(b)      “IF SWALLOWED, OR IF SYMPTOMS OF POISONING OCCUR CALL PHYSICIAN IMMEDIATELY”;

(ii)      insecticides in Category II (Highly toxic) will contain the word “POISON” printed in red and the statement “KEEP OUT OF THE REACH OF CHILDREN”; shall also appear on the label at appropriate place, outside the triangle;

(iii)     insecticides in Category III (Moderately toxic) shall bear the word “DANGER” and the statement “KEEP OUT OF THE REACH OF CHILDREN”; shall also appear on the label at suitable place outside the triangle;

(iv)    insecticides in Category IV (Slightly toxic) shall bear the word “CAUTION”.

(5)   The lower portion of the square referred to in sub-rule (4) shall contain the colour specified in column (4) of the Table below, depending on the classification of the insecticides specified in the corresponding entry in column (1) of the said Table.

TABLE

(6)   In addition to the precautions to be undertaken under sub-rules (3), (4) and (5), the label to be affixed in the package containing insecticides which are highly inflammable shall indicate that it is inflammable or that the insecticides should be kept away from heat or open flame and the like.

[112][(7) The label shall be printed at least in English and Hindi languages unless stated otherwise. The leaflets attached to the package containing insecticides shall be printed in Hindi, English and such regional languages in use in the areas where the said packages are likely to be stocked, sold or distributed.]

(8)   Labelling of insecticides must not bear any unwarranted claims for the safety of the product or its ingredients. This includes statements such as ‘SAFE’, ‘NON POISONOUS’, ‘NON INJURIOUS’ or ‘HARMLESS’ with or without such qualified phrase as “when used as directed”.

Rule - 20. Prohibition against altering inscriptions, etc. on containers, labels or wrappers of insecticides.

No person shall alter, obliterate or deface any inscription or mark made or recorded by the manufacturer on the container, label or wrapper of any insecticide:

Provided that nothing in this rule shall apply to any alteration of any inscription or mark made on the container, label or wrapper of any insecticide at the instance, direction or permission of the Registration Committee.

CHAPTER VI INSECTICIDES ANALYSIS AND INSECTICIDE INSPECTORS

Rule - 21. Qualifications of Insecticide Analyst.

A person shall be eligible for appointment as an Insecticide Analyst under the Act only if he possesses the following qualifications, namely:

(a)      a graduate in Agriculture or a graduate in Science with Chemistry as a special subject; and

(b)      adequate training in analysing insecticides in a recognised Laboratory.

Rule - 22. Powers of Insecticide Analyst.

The Insecticide Analyst shall have the power to call for such information or particulars or do anything as may be necessary for the proper examination of the samples sent to him either from the Insecticide Inspector or the person from whom the sample was obtained.

Rule - 23. Duties of Insecticide Analyst.

(1)     The Insecticide Analyst shall analyse or cause to be analysed or test or cause to be tested such samples of Insecticides as may be sent to him by the Insecticide Inspector under the provisions of the Act and shall furnish reports or results of such tests or analysis.

(2)     An Insecticide Analyst shall, from time to time, forward to the State Government reports giving the result of analytical work and investigation with a view to their publication at the discretion of the Government.

Rule - 24. Procedure on receipt of sample.

(1)   On receipt of a package from an Insecticide Inspector containing a sample for test or analysis, the Insecticide Analyst shall compare the seals on the packet with the specimen impression received separately and shall note the condition of the seals on the packet.

[113][(2) In making the test or analysis of insecticides, it shall be sufficient if the Insecticides Analyst follows the specifications and the methods of examination of samples as approved by the Registration Committee.]

(3)   After the test or analysis has been carried out under sub-rule (2), the Insecticide Analyst shall forthwith supply to the Insecticide Inspector a report in triplicate in [114][Form IV] of the result or test or analysis.

Rule - 25. Fees payable for testing or analysis.

[115][(1) The fees payable for testing or analysing insecticides under sub-section (5) of Section 24 of the Act shall be as specified in the Second Schedule.]

[116][(2) The fee payable for testing or analysing samples received from the Insecticides Inspector shall also be as specified in the Second Schedule:

Provided that the Central Government may, after taking into consideration the genuine difficulties of any particular State Government, exempt from the payment of the fee for such period as it may consider reasonable.]

Rule - 26. Qualifications of Insecticide Inspector.

A person shall be eligible for appointment as an Insecticide Inspector under the Act only if he possesses the following qualifications, namely:

(a)      graduate in Agriculture, or graduate in Science with Chemistry as one of the subjects;

(b)      adequate field experience.

Rule - 27. Duties of Insecticide Inspector.

The Insecticide Inspector shall have the following duties, namely:

(1)     to insect not less than three times in a year all establishments selling insecticides within the area of his jurisdiction;

(2)     to satisfy himself that the conditions of licence are being complied with;

(3)     to procure and send for test and analysis, samples of insecticide which he has reason to suspect are being sold, stocked or accepted for sale in contravention of the provisions of the Act or rules made thereunder;

(4)     to investigate any complaint in writing which may be made to him;

(5)     to institute prosecutions in respect of breaches of the Act and the rules made thereunder;

(6)     to maintain a record of all inspections made and action taken by him in the performance of his duties including the taking of samples and the seizure of stocks and to submit copies of such record to the licensing officer;

(7)     to make such inquiries and inspections as may be necessary to detect the sale and use of insecticides in contravention of the Act.

Rule - 28. Duties of Inspectors specially authorised to inspect manufacture of insecticides.

It shall be the duty of an Inspector authorised to inspect the manufacture of insecticides.

(1)     to inspect not less than twice a year all premises licensed for the manufacture of insecticides within the area of his jurisdiction and to satisfy himself that the conditions of the licence and the provisions of the Act or the rule made thereunder are being observed;

(2)     to send forthwith to the licensing officer after each inspection, a detailed report indicating the conditions of the licence and the provisions of the Act or rules made thereunder which are being observed and the conditions and provisions, if any, which are not being observed;

(3)     to draw samples of insecticides manufactured on the premises and send them for test or analysis in accordance with these rules;

(4)     to report to the Government all occurrences of poisoning.

Rule - 29. Prohibition of disclosure of information.

Except for the purpose of official business or when required by a court of law, an Insecticide Inspector shall not disclose to any person any information acquired by him in the performance of his official duties.

Rule - 30. Form of order not to dispose of stock.

An order by the Insecticide Inspector requiring a person not to dispose of any stock in his possession shall be in [117][Form V(A)].

Rule - 31. Prohibition of sale.

No person in possession of an insecticide in respect of which an Insecticide Inspector has made an order under Rule 30 shall, in contravention of that order, sell or otherwise dispose of any stock of such insecticide.

Rule - 32. Form of receipt for seized insecticides.

A receipt by an Insecticide Inspector for the stock of any insecticide seized shall be in [118][Form V(B)].

Rule - 33. Form of intimation for purpose of taking samples.

Where an Inspector takes a sample of an insecticide for the purpose of test or analysis he shall intimate such purpose in writing in [119][Form V(C)] to the person from whom he takes it.

Rule - 34. Despatch of samples for test or analysis.

(1)     Samples for test or analysis under the Act shall be sent by registered post or by hand in a sealed packet together with a [120][Form V(D)] in an outer cover addressed to the Insecticide Analyst.

(2)     The packet as well as the outer cover shall be marked with a distinct mark.

(3)     A copy of the memorandum in [121][Form V(E)] together with a specimen impression of the seals of the Inspector and of the seals, if any, of the person from whom he takes such samples, shall be sent separately by registered post or by hand to the Insecticide Analyst.

CHAPTER VII TRANSPORT AND STORAGE OF INSECTICIDES IN TRANSIT BY RAIL, ROAD OR WATER

Rule - 35. Manner of packing storage while [122][transporting].

(1)     Packages containing insecticides, offered for transport by rail, shall be packed in accordance with the conditions specified in the Red Tariff, issued by the Ministry of Railways.

(2)     No insecticide shall be transported or stored in such a way as to come into direct contact with foodstuffs or animal feeds.

(3)     No foodstuffs or animal feeds which got mixed up with insecticides as a result of any damage to the packages containing insecticides during transport or storage shall be released to the consignees unless it has been examined for possible contamination by competent authorities, as may be notified by the State Government.

(4)     If any insecticide is found to have leaked out in transport or storage, it shall be the responsibility of the transport agency or the storage owner to take such measures urgently to prevent poisoning and pollution of soil or water, if any.

Rule - 36. Conditions to be specified for storage of insecticides.

(1)     The packages containing insecticides shall be stored in separate rooms or premises, away from the rooms or premises used for storing other articles or shall be kept in separate almirahs under lock and key depending upon the quantity and nature of the insecticides.

(2)     The rooms or premises meant for storing insecticides shall be well-built, dry, well-lit and ventilated and of sufficient dimension.

CHAPTER VIII PROVISIONS REGARDING PROTECTIVE CLOTHING, EQUIPMENT AND OTHER FACILITIES FOR WORKERS DURING MANUFACTURE, ETC., OF INSECTICIDES

Rule - [37. Medical Examination.

(1)     All persons who are engaged in the work of handling, dealing or otherwise coming in contact with the insecticides during manufacture/formulation of insecticides or being engaged in spraying during operation shall be examined medically before their employment and at least quarterly in the case of those engaged in manufacturing/formulation units and yearly in any other cases including operators while in service by a qualified doctor who is aware of risks to which such persons are exposed. Particulars of all such persons, including the particulars of their medical examination, shall be entered in a register [123][either in physical form or digital form] in [124][Appendix E to Form III]. Where the insecticide in question is an organo-phosphorous compound or a carbamate compound, the blood cholinesterase level shall be measured at least once a month of all persons working in the manufacturing units. The blood residue estimation shall be done once in a year in the case of persons working with organo chlorine group of insecticides in a manufacturing/formulation unit. In the case of spraying people working with the pest control operators, the estimation of cholinesterase level (if working with organo phosphorous or carbamate compounds) and blood residue (if working with organo chlorine group) shall be conducted as and when advised by the doctor as part of the general medical test.

(2)     Any person showing symptoms of poisoning shall be immediately examined and given proper treatment.][125]

Rule - 38. First-aid measures.

In all cases of poisoning first-aid treatment shall always be given before the physician is called. The Indian Standards Guide for handling cases of pesticide poisoning—Part I, First Aid Measures [I.S. 4015 (Part I)—1967] and Part II Symptoms, diagnosis and treatment [I.S. 4015 (Part II)—1967] shall be consulted for such first-aid treatment in addition to any other books on the subject. The workers also should be educated regarding the effects of poisoning and the first-aid treatment to be given.

Rule - 39. Protective clothing.

(1)     Persons handling insecticides during its manufacture, formulation, transport, distribution or application shall be adequately protected with appropriate clothing.

(2)     The protective clothing shall be used wherever necessary, in conjunction with respiratory devices as laid down in Rule 40.

(3)     The protective clothing shall be made of materials which prevent or resist the penetration or any form of insecticide formulations. The materials shall also be washable so that the toxic elements may be removed after each use.

(4)     A complete suit of protective clothing shall consist of the following dresses, namely:

(a)      protective outer garment/overalls/hood/hat;

(b)      rubber gloves or such other protective gloves extending halfway up to the fore-arm, made of materials impermeable to liquids;

(c)      dust-proof goggles;

(d)      boots.

Rule - 40. Respiratory devices.

For preventing inhalation of toxic dusts, vapours or gases, the workers shall use any of the following types of respirators or gas-masks suitable for the purpose, namely:

(a)      Chemical-Cartridge respirator;

(b)      Supplied-Air respirator;

(c)      Demand flow type respirator;

(d)      Full-face or half-face gas masks with canister.

In no case shall the concentrates of insecticides in the air where the insecticides are mixed exceed the maximum permissible values.

Rule - 41. Manufacturers, etc., to keep sufficient quantities of antidotes and first-aid medicines.

The manufacturers and distributors of insecticides and persons who undertake to spray insecticide on a commercial basis (hereinafter in these rules referred to as operators) shall keep sufficient stocks of such first-aid tools, equipment, antidotes, injections and medicines as may be required to treat poisoning cases arising from inhalation, skin contamination, eye contamination and swallowing.

Rule - 42. Training of workers.

The manufacturers and distributors of insecticides and operators shall arrange for suitable training in observing safety precautions and handling safety equipment provided to them.

Rule - 43. Aerial spraying operations.

The aerial application of insecticides shall be subject to the following provisions, namely:

(a)      marking of the area shall be the responsibility of the operators;

(b)      the operators shall use only approved insecticides and their formulations at approved concentration and height;

(c)      washing, decontamination and first-aid facilities shall be provided by the operators;

(d)      all aerial operations shall be notified to the public not less than twenty-four hours in advance through competent authorities;

(e)      animals and persons not connected with the operations shall be prevented from entering such areas for a specified period; and

(f)       the pilots shall undergo specialised training including clinical effects of the insecticides.

Rule - 44. Disposal of used packages, surplus materials and washings of insecticides.

(1)     It shall be the duty of manufacturers, formulators of insecticides and operators to dispose packages or surplus material and washings in a safe manner so as to prevent environment or water pollution.

(2)     The used packages shall not be left outside to prevent their re-use.

(3)     The packages shall be broken and buried away from habitation.

CHAPTER IX MISCELLANEOUS

Rule - [45. Places at which the insecticides may be imported.

No insecticides shall be imported into India except through one of the following places, namely.

(i)       Inland Container Depot, Gurugram (Gurgaon), Haryana,

(ii)      Chennai Port, Jawaharlal Nehru Port and Mumbai Port (Mumbai), in respect of insecticides imported by sea into India,

(iii)     Chennai International Airport (Chennai), Chhatrapati Shivaji International Airport (Mumbai), Indira Gandhi International Airport (New Delhi), in respect of insecticides imported by air into India.][126]

Rule - 46. Travelling and other allowances payable to the members of the Board, etc.

The members of the Board, Registration Committee and any other committee appointed by the Board shall be entitled to such travelling and other allowances for attending meetings of the Board, Registration Committee, as the case may be, as are for the time being admissible to Grade I officers of the Central Government.

[127][THE FIRST SCHEDULE

Form I

Application for Registration of Insecticides

[See Rule 6]

(1)     (a) Name and address of the applicant:

(b) e-mail address:

(c) Permanent Account Number (PAN).

(d) Category of Application:

(2)     Name of the Insecticide which applicant proposes to import or manufacture:

(a)      Common name

(b)      Chemical name (CAS and IUPAC name, if available)

(c)      CAS Number

(3)     Purpose of Registration: [whether for use in the country or export only or both]

(4)     Nature of application:

(a)      import or manufacture:

(b)      registration under Sections 9(3)/9(3B)/9(4) of the Insecticides Act, 1968:

(c)      name of registrant, if equivalence is claimed:

(d)      specify applicable guidelines:

(5)     Address of the premises.

(a)      of manufacture:

(b)      where imported insecticide shall be converted into preparation or repacked or stock:

(6)     In the case of import, please state.

(a)      Name and address of the manufacturer:

(b)      Name, address and e-mail id of the authority which authorised manufacturing in the country of export:

(c)      Name and address of the supplier duly authorised by the manufacturer (if applicable):

(d)      Is the insecticide registered in the country.

(i)       of manufacture:

(ii)      from where supplies are expected to be made:

(e)      Registration number, manufacturing licence number, period of validity of certificate of registration and manufacturing licence in the country of manufacture:

(7)     In the case of manufacture, whether the insecticide is proposed to be manufactured or repacked:

(8)     In the case of formulation, the sources of supply of technical grade material and status of registration in India

(9)     Chemical Composition (on per cent basis):

(a)      Name of active ingredient(s):

(b)      Impurities (in case of technical grade insecticide)

(c)      adjuvant (other ingredients, in case of formulation):

(d)      Total:

(10)   Stability in storage:

(a)      Shelf-life:

(provide data as per the protocol approved by the board)

(b)      Shelf-life claim:

(provide shelf-life undertaking)

(11)   Toxicity of the insecticide to mammals, wild life, aquatic animal:

(provide toxicological data generated at a testing facility as per the guidelines of the Registration Committee)

(12)   Bio-efficacy data as per guidelines of Registration Committee on plant diseases, insects, weeds and other harmful animals against which it is intended to be used:

(provide data generated at testing facilities approved by the Registration Committee)

(13)   Specific instructions for storage and use including first-aid and precautionary measures, which are proposed for labeling:

(As per the Insecticide Rules and the guidelines of the Registration Committee)

(14)   (a) Two copies of proposed specification (including method of analysis for the quality of the insecticide in Bureau of Indian Standard format and its residues along with one soft copy)

(b) Analytical test report(s) of a sample of insecticide applied for registration from a testing facility as per guidelines of the Registration Committee

(provide complete details, graphs, spectra, calculations, etc.)

(c) Characterisation of active ingredient in case of technical grade insecticide (using Ultra Violet, Infra Red, Mass and Nuclear Magnetic Resonance spectra)

(15)   Seven copies of the proposed labels and leaflets (including all printed or graphic matter which will accompany the package containing the insecticide) as per the Insecticide Rules, 1971.

(16)   Manner of packing:

(17)   Particulars of the fee deposited:

Signature of the applicant with seal

Verification

I …………………………..s/d/o …………………………..do hereby solemnly verify that to the best of my knowledge and belief the information given in the application and the annexure and statements/accompanying it, is correct and complete. I clearly understand that the certificate of registration is liable to be cancelled if any information or data, submitted with the application is found incorrect or false at any stage or any condition of registration granted against this application is violated.

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.

Place:

Date:

Signature with seal

Note. (1) The application form, including the verification portion and Supplementary Information, must be signed in case of an individual, by the individual himself or a person duly authorised by him; in case of Hindu Undivided Family, by the karta; in case of a partnership firm, by the managing partner; in case of a company, by a person duly authorised by the Board of Directors; and in any other case, by a person incharge of or responsible for the conduct of the business.

(2) One self-addressed stamped envelope and adequate number of stamped envelopes, depending on the states where manufacturing premises is/are located must be enclosed along with the application.

Form II

Application for

(1)     Grant of Licence to Manufacture Insecticides

[See Sub-rule (1) of Rule 9]

Or

(2)     Grant of Licence to Sell, Stock or Exhibit for Sale or Distribute Insecticides,

[See Sub-rule (I) of Rule 10]

Or

(3)     Grant/Renewal of Licence to Stock and use of Insecticides Commercial Pest Control Operations

[See sub-rules (3-A) of Rule 10]

(Submit separate application for different licence)

To

The Licensing Authority,

…………………………………

………………………………….

(1)     Name, address and e-mail address of the applicant:

(2)     Whether the application is for

(a)      Grant of licence to manufacture insecticide;

(b)      Grant of licence to sell/stock/exhibit for sale/distribution of insecticides:

(c)      Grant/renewal of licence for commercial pest control operations.

(3)     Address of manufacturing premises (in case of licence to manufacture)

(i)       Complete address of premises,

(ii)      Name of insecticides and its registration number (enclose copy of certificate of registration of the insecticide duly certified by the applicant)

(iii)     Validity of certificate of registration (as on certificate of registration)

(4)     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 or issued for use in case of commercial pest control operations:

(c)      whether any of the above premises is situated in residential area (undertaking to be submitted):

(d)      whether food articles are also stored in any of the above premises (undertaking to be submitted):

(5)     (a) Qualification of the applicant/ the technical personnel under employment of the applicant:

(b) Whether fulfill minimum qualification as per Insecticide rules.

(6)     Training (wherever applicable)

(a)      Name of the training/course:

(b)      Duration of training/ course:

(c)      Certificate awarded, if any (Enclose supporting documents)

(7)     In case of manufacture, details of facilities for manufacture of the insecticide, including infrastructure and those mentioned in Chapter VIII of the Insecticides Rules, 1971, and the minimum infrastructure guidelines provided by the Registration Committee.

(Enclose complete details in a separate sheet duly signed by the applicant)

(8)     In case of application for commercial pest control operations,

(Enclose supporting documents)

(a)      address of rgistered, zonal and branch offices:

(b)      address of the premises for which the licence is applied for:

(c)      whether approval of technical expertise obtained:

(d)      if yes, state reference number of approval, its date and validity:

(e)      name of restricted insecticides for which approved:

(f)       name of the responsible technical person:

(g)      whether any quantity of restricted insecticide in possession as on date of application:

(h)     if yes, particulars and respective quantity of each in possession:

(i)       details of safety equipment, antidotes and all other essential facilities:

(9)     In case of licence to sell/stock, etc. and for commercial pest control operations, name of the insecticide(s) and its/their manufacturer/importer which the applicant intends to deal in and status of the principal certificate(s) in the format give below (Please enclose principle certificate(s) as per format Appended):

(10)   Full particulars of licence(s), if issued in the name of the applicant by any other state in the area of their jurisdiction:

(11)   In case of renewal, please state licence number and date of grant:

(12)   Particulars of the application fee paid by the applicant:

(13)   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 licence 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 licence 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 shall not supply insecticide(s) to any distributor or dealer or person who does not have adequate space and facilities to stock them so as to maintain their quality on shelf under every circumstances. (for application for licence to manufacture)

(d)      I also declare that I shall not take possession of any stock without satisfying myself with the quality thereof.

(e)      I undertake that we shall forthwith inform any change in the responsible technical person.

(f)       I undertake that we shall forthwith inform any change in principle certificate to the licensing officer (not applicable for application for licence to manufacture).

(g)      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 licence and failure to do so shall render the licence liable to cancellation.

Place:

Date:

Signature of the applicant with seal

APPENDIX

Principal Certificate

(Enclose with application wherever applicable)

[See clause (i) of sub-rule (4-A) of Rule 10]

(On the Letterhead of the Manufacturer)

No. …………………………….Date:

(1)     We manufacture the following insecticide(s) as per the details given below:

(2)     We hereby authorise M/s (Name, complete address & email)

………………………………………..to sell, stock or exhibit for sale or distribute following insecticides, manufactured by us, in wholesale or retail in the Taluka/District/State as detailed below:

(3)     The above mentioned dealer shall obtain the abovedetailed insecticides.

(a)      directly from us:

(b)      from the following distributor(s):

(4)     The Dealer to whom this principal certificate has been issued shall procure abovedetailed insecticides from the abovementioned distributor. In the event of procuring these insecticides from any other distributor, this certificate shall become null and void.

Before issuing this certificate, we certify that we have inspected and ensured that the abovementioned distributor/dealer have adequate space and facilities to stock safely above-detailed insecticides and to maintain their quality on shelf and have obtained an undertaking to the effect that the insecticide(s) shall be stocked accordingly to maintain their quality on shelf under every circumstances

(5)     This certificate has been issued to enable the distributor/dealer obtain licence to sell, stock or exhibit for sale or distribute the abovedetailed insecticides, including those for stocking and use for commercial pest control operations, and is valid up to ………………….. .

(6)     In case of suspension/revocationd: ……………(date of validity).

Date:

Place:

Signature with

company's seal

To,

Name and address of distributor/dealer.

Copy for information to:

(i)       the licensing officer, …………………… ……………………………………………….. .

(ii)      M/s (the distributor and his address), if the insecticides are to be supplied through distributors)

Signature with company's seal

Form III

(On Letterhead of the Licensing Officer)

Licence to Manufacture Insecticides

[See sub-rule (3) of Rule 9]

or

Licence to Sell, Stock or Exhibit for sale or Distribute Insecticides,

[See sub-rules (4) of Rule 10]

or

Stock and use of Insecticides for Commercial Pest Control Operations

[See sub-rules (3-A) of Rule 10]

(Separate licence to be issued for manufacture/sale, stock etc./pest control operations)

(1)     Licence Number ……………………….

Licence to manufacture/sell, stock or exhibit for sale or distribute insecticide(s)/carrying out commercial pest control operations in the premises situated at

…………………………………………………………………………………………………….

…………………………………………………………………………………………………….

(Complete address along with PIN Code)

is granted to M/s (Name, Complete Address, e-mail, etc.,)

…………………………………………………………………………………………………….

…………………………………………………………………………………………………….

as specified hereunder—

(2)     The insecticide(s) shall be manufactured/sell, stock or exhibit for sale or distribute insecticide/commercial pest control operations under the direction and supervision of the following expert staff:

(a)      For manufacture: Name(s) and designation of the expert staff (Insecticide wise, if any); and

(b)      For sale/stock/pest control operations: Name and designation of the expert staff

(3)     The licence 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)     Any change in the name of the expert staff, named in the licence, shall forthwith be reported to the licensing officer.

(3)     The licensee shall scrupulously comply with each and every condition of registration of the insecticide(s), failing which the licence is liable to be cancelled.

(4)     No insecticide shall be sold or exhibited for sale or distributed or issued for use in commercial pest control operations except in packages approved by the Registration Committee from time to time.

(5)     If the licensee wants to manufacture/sell, stock or exhibit for sale or distribute/stock and use for commercial pest control operations, any additional insecticide, he may apply to the licensing officer for addition in the licence for each such insecticide on payment of the prescribed fee.

(6)     For pest control operations an application for the renewal of the licence shall be made as laid down in sub-rule (3-A) of Rule 10 of the Insecticides Rules, 1971.

(7)     The licensee shall comply with the provisions of the Insecticides Act, 1968, and the rules made there under for the time being in force.

(8)     The licence also authorises the storage and stocking of insecticide(s) manufactured at the licensed premises, in the factory premises for sale by way of wholesale dealing by the licensee.

(9)     The licensee shall maintain the record of ‘date expired insecticides’ separately in the format as per Appendix A.

(10)   The licensee shall maintain the record of sale/distribution of insecticides in the format as per Appendix B and shall submit monthly return to the Licensing Officer.

(11)   The licensee shall maintain the stock register for technical and formulated products separately as per Appendix C-1 and C-2, respectively. (For manufacturer only)

(12)   The licensee shall submit the monthly return for technical grade and formulated insecticides separately as per Appendix D-1 and D-2, respectively. (For manufacturer only)

(13)   The licensee shall maintain a record of periodical medical examination of persons engaged in connection with insecticides as per Appendix E.

(14)   All the registers are to be kept under secured custody by the licensee and shall be provided for scrutiny any time to the Insecticide Inspector, Licensing Officer or any other officer authorised by the Central Government and/or the State Government.

(15)   Any other condition(s) as specified by the licensing officer.

Signature of the licensing officer

APPENDIX A

Register of Date Expired Pesticides

[See sub-rule (a) of Rule 10-A]

Signature of the dealer with date and seal

Verified with the record and found that the above information is correct.

Place:

Date

Signature of the Insecticide Inspector(seal)

APPENDIX B

Register for Sale/Distribution of Insecticides (Technical and Formulation) (Including Insecticides used in Commercial Pest Control Operations) (Record to be Maintaimaintained Insecticide Wise)

[See sub-rule (2) of Rule 15]

Particulars of the insecticide:

Registration number:

Month and year:

Date:

Signature

Company's seal

Verified with the record and found that the above information is correct.

Signature with date and seal of the Insecticide Inspector

APPENDIX C-1

Stock Register of Technical Grade Insecticide (To be maintained Insecticide wise)

[See sub-rule (3) of Rule 15]

(Quantity in metric tonnes)

APPENDIX C-2

Stock Register of Formulated Insecticide

(To be maintained insecticide-wise)

[See sub-rule (3) of Rule 15]

(Quantity in metric tonnes)

APPENDIX D-1

[See sub-rule (4) of Rule 15]

Monthly Return/Statement of Technical Grade Insecticides (Manufactured/Imported) for the period ……… To ………

Verification

I ……………do hereby verify that what is stated above is true to the best of my knowledge and belief based on information derived from the records. I further declare that I am competent to verify this statement in my capacity as …………… (Designation). In case the information is found to be false, I shall be held responsible under relevant provisions of the Act/Rules.

Signature………..

Name…….………

Seal……………

APPENDIX D-2

[See sub-rule (4) of Rule 15]

Monthly Return/ Statement for formulated Insecticides (Manufactured/Imported)

For the period….. To …….

Verification

I…………… do hereby verify that what is stated above is true to the best of my knowledge and belief based on information derived from the records. I further declare that I am competent to verify this statement in my capacity as …………… (Designation). In case the information is found to be false, I shall be held responsible under relevant provisions of the Act/Rules.

Signature…………..

Name…………………

Seal…………………

APPENDIX E

Register of persons engaged in connection with Insecticides Record of Periodical Medical Examination for the Calendar Year 20……………., Quarter Ending……………., 20…………….

[See Rule 37]

Serial number:

I.         General Information.

Name: Age:

Father's/Husband's name:

Complete address:

Sex:

Identification mark:

Date of appointment:

Occupation: …………………………(Please specify the nature of duty of the past and of the present)

Details of use Personnel Protective Equipments:

(a)      Protective clothing/overalls:

(b)      Helmet/hood/hat:

(c)      Dust-proof goggles:

(d)      Rubber gloves impermeable to liquids:

(e)      Respiratory device(s):

(f)       Boots:

II.       Medical Examination:

Past History

Family History:

Personal History:

Observations:

(1)     General Examination:

(a)      Height

(b)      Weight

(c)      Pulse rate

(d)      Blood pressure

(e)      Respiration: rate , rhythm , type

(f)       Anaemia/Pallor

(g)      Oedema

(h)     Jaundice

(i)       Skin condition

(j)       Temperature

(k)      Fatigability

(l)       Sweating

(m)    Sleep

(n)     Urination

(2)     Gastro Intestinal

(a)      Nausea

(b)      Vomiting

(c)      Appetite

(d)      Taste

(e)      Pain in abdomen

(f)       Bowel movement

(g)      Liver

(h)     Spleen

(3)     Cardio-respiratory.

(a)      Nasal discharge

(b)      Wheeze

(c)      Cough

(d)      Expectoration

(e)      Tightness of chest

(f)       Dyspnoea

(g)      Palpitation

(h)     Heart

(i)       Cyanosis

(j)       Tachycardia/Bradycardia

(4)     Neuro-muscular

(a)      Headache

(b)      Dizziness

(c)      Irritability

(d)      Twitching

(e)      Tremors

(f)       Convulsions

(g)      Paresthesia

(h)     Hallucinations

(i)       Unconsciousness

(j)       Superficial reflexes

(k)      Deep reflexes

(l)       Coordination

(5)     Eye

(a)      Pupil

(b)      Lacrimation

(c)      Double vision

(d)      Blurred vision

(6)     Psychological.

(a)      Temperament

(b)      Judgment

(c)      Nervousness

(7)     Kidney

Kidney Condition

(8)     Investigation.

(a)      Complete Haemogram : (Hb, TRBC, TLC, DLC, Platelet, Reticulacytes count, ESR)

(b)      Liver Function Tests: (Serum Bilirubin, SAP, SGOT, SGPT, Cholesterol, Total Protein and serum albumin)

(c)      Kidney Function Tests: (Blood urea, Serum creatinine)

(d)      Blood Sugar, HbA1C

(e)      Serum cholinesterase

(f)       Blood residue estimation (In case of Organochlorine once in a year)

(g)      Urine - routine & microscopic

(h)     X-ray chest (PA View): Once every year

(i)       Ultrasound whole abdomen: Once every year

III.     Diagnosis

IV.      Advice Given To

(1)     The employee

(2)     The employer:

Signature of the Doctor with date and seal

V.        Acknowledgement to be given by.

(1)     The employee

(2)     The employer:

(3)     The Licensing Officer:

VI.      Action taken by the employer on Doctor's advice:

VII.    Certificate by the Doctor:

Certified that M/s …………………………………………. have completed the action as per my/doctor's advice as given above and consequently the patient has shown mprovement/recovered from the ailment.

Signature of the Doctor with date and seal

Form IV

Report of Insecticide Analyst

[See sub-rule (3) of Rule 24]

Sl. No. ……………

Part A Coding Portion

(1)     Name of the Insecticides Inspector from whom the sample has been received:

(2)     Serial number and date of Insecticides Inspector's Memorandum:

(3)     Particulars of the sample:

(a)      Name of technical grade insecticide(s) purported to be contained in the sample along with nominal active ingredient content and type of preparation:

(b)      Batch number:

(c)      Date of manufacture:

(d)      Date of expiry:

(e)      Date of receipt of sample in the laboratory:

(4)     Number or mark of identification of the sample assigned by the Insecticide Inspector:

(5)     Packaging of the sample:

(a)      whether securely packed, fastened: and sealed:

(b)      whether the seal was on outer cover alone:

(c)      whether the seal was on the sample alone:

(d)      whether the seal was on both, outer cover and the sample:

(e)      whether the seal was intact and unbroken:

(f)       whether the seal on sample and outer cover

(g)      (as the case may be) tallied with the specimen seal:

(h)     describe in general the packaging of the sample in the parcel:

(i)       whether the sample was found fit for analysis:

(6)     The above detailed sample was given Laboratory Code Number:

Signature of the Coding Officer with seal

To be filled and signed by a notified Insecticide Analyst (Laboratory In-charge) functioning as Coding Officer.

Part B Analysis Portion

(7)     Laboratory Code Number for sample:

(a)      Active ingredient(s):

(enclose chromatograms spectra, if applicable)

(b)      Other tests:

(8)     Protocol(s) of the test(s) applied:

(a)      For active ingredient(s):

(i)       if published, Bureau of Indian Standards Number:

(ii)      if not, method approved by the Registration Committee:

(b)      For other tests:

(9)     Tests/analysis of the sample completed on (Date):

Remarks: 1. In view of the results of the test/analysis of the sample with respect to protocols thereof, the sample is declared as ………………………………………………… .

2. Photocopies of chromatograms/spectra (as applicable as per protocols of test applied) for standard and the sample are attached hereto.

Signature of the Insecticide Analyst Seal

Verification

I certify that I have analysed /caused to be analysed the aforementioned sample and declare the result of analysis to be as above.

Signed this …………………………………….. day of …………………………., 20………………..

Signature of the Insecticide Analyst Seal

Form V

Forms to be used by Insecticide Inspectors for Drawl of Samples, not to dispose of Stock, and Receipt of Seized Insecticides

(A)     Form of Order “Not to dispose of any Stock”

[See Rule 30]

Whereas, I have reason(s) to believe that the stock of following insecticides, which is in your possession, is being stocked, for distribution, sale or exhibited for sale and used in contravention of the provisions of section ………………….. of Insecticides Act, 1968 and/or ……………….of the Insecticides Rules, 1971—

I hereby require you under clause (d) of sub-section (1) of Section 21 of the Insecticides Act, 1968 to stop the distribution, sales or exhibiting for sale and use of the said stock for a period of……………………… days from this ……………………………… day of ………………….month of the year 20…………….

Insecticide Inspector Seal

(B)     Form of receipt for the Seized Insecticides.

[See Rule 32]

The stock of the insecticide(s) detailed below has this day ……………… of the month ……………. of year 20……… been seized by me under the provisions of clause (d) of sub-section (1) of Section 21 of the Insecticides Act, 1968, from the premises of M/s. …………………….. situated at ………:

I have appended my signatures with date and seal on the page/folio number …………………………. of the stock register of insecticides and taken a copy thereof for record.

Date:

Insecticide Inspector Seal

(C)     Intimation to Person/Licensee from whom sample is taken

[See Rule 33]

To

M/s. …………………………………………

…………………………………………

………………………………………….

PIN:…………………………………………

I have this ………………………… day of month ………………… year 20…………… taken from the premises of M/s……………………………………………… (Sale/stock/distribution Licence number ………………… dated …………………) situated at…………, a samples of the insecticide specified below for the purposes of test or analysis:

(1)     Common name of the insecticide:

(mention complete details, like type of formulation)

(2)     Trade name, if any:

(3)     Manufactured by:

(4)     Registration number:

(5)     Marketed by:

(6)     Manufacturing Licence No.

(7)     Batch number:

(8)     Date of manufacture:

(9)     Date of expiry:

(10)   Stock before sampling:

(Mention units)

(11)   Quantity of the sample taken:

(Mention units)

(12)   Stock after sampling:

(Mention units)

(13)   Folio/page number of stock register:

(14)   Any other relevant information:

Date:

Insecticide Inspector Seal

(1)     Signature of witness: ……………………………………………….

(Date, name and address)

(2)     Signature of witness: ……………………………………………….

(Date, name and address)

Received one sealed portion of sample along with a copy of this Form.

Signature of the person from whom the sample is taken with date and seal

(D)     Form to be kept with sample in sealed packet

[See sub-rule (1) of Rule 34]

To

The Insecticide Analyst

…………………………………

…………………………………

(1)     Name of insecticide:

(Common name with active ingredient % and formulation type)

(2)     Batch Number:

(3)     Date of manufacture:

(4)     Date of expiry:

(5)     Packing condition (original sealed/loose):

(6)     Quantity of the sample:

(7)     Sample drawn on:

(8)     Sample drawn by:

(9)     Specimen seal of insecticide inspector /

Licensee, if any:

(10)   Distinct mark on the sealed packet of sample:

Date:

Insecticide Inspector

(Signature and seal)

V(E): Memorandum to Insecticide Analyst

[See sub-rule (3) of Rule 34]

From

…………………………………………..

(Name, complete address and e-mail id of the Insecticide Inspector)

To

The Insecticide Analyst/In-charge of testing Laboratory,

…………………………………………..,

……………………………………………

PIN:

(1)     The portion of sample/container described below is sent herewith for test or analysis under Rule 34 of the Insecticides Rules, 1971:

(a)      Common name of the insecticide:

(nominal content, type of formulation, etc.)

(b)      State of packing of the sample:

(c)      Specimen Impression of the seal of the Inspector:

(2)     The portion of sample/container has been assigned the distinct number or marked by me with the following mark:

(Give number or the mark here)

(3)     A copy of this Memorandum along with a Form V(D) has been send separately with the sample by registered post or by hand (strikeout which is not applicable).

Place: New Delhi

Date: 20th April, 2018

Insecticide Inspector

Signature & Seal]

[128][THE SECOND SCHEDULE

(See Rule 25)

FEES FOR TESTING OR ANALYSING THE SAMPLES OF INSECTICIDES OR BIOPESTICIDE

(1)     Testing fees by following analytical techniques for samples of insecticides whose active ingredient is known.

(2)     Testing fees for sample of bio-pesticide whose active ingredient is known — Rs 4000/sample.

(3)     Testing fees to test presence of registered bio-pesticide of below mentioned bio-origin from bio-product sample whose active ingredient is not known.

(4)     Testing fees for analysis of samples of insecticide or bio-pesticides whose active ingredients is not known.

(5)     The fees for test or analysis in respect of insecticide or bio-pesticide or any formulation other than the ones specified in this Schedule shall be specified by the Central Government or by any other officer authorised in this behalf from time to time.]

[129][THIRD SCHEDULE

(See Rule 19)

PICTURE I: SAFETY PICTOGRAMS

[130][PICTURE II: MODEL LABEL FOR ONE PANEL

(Applicable for 1 to 50 gm or ml and 51 to 250 gm or ml Primary package labels)