Insecticides Rules, 1971

Published vide Notification G.S.R. 1650, dated 19-10-1971, published in the Gazette of India, Extraordinary Part 2, Section 3(i), dated 30-10-1971

G.S.R. 1650, dated 16th October, 1971. – In exercise of the powers conferred by section 36 of the Insecticides Act, 1968 (46 of 1968), the Central Government, after consultation with the Central Insecticides Board, hereby makes the following rules, namely: –

CHAPTER I

Preliminary

1.Short title and commencement. – (1) These rules may be called The Insecticides Rules, 1971.[(2)They shall come into force on the 30th of October, 1971].2.Definitions. – In these rules, unless the context otherwise requires ,-

[(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 an 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

3.Functions of the Board. – The Board shall, in addition to the functions assigned to it by the Act, carry out the following functions, namely:-

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

(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.

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.

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 concerned authority;

(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

6. Manner of Registration. – [(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 kartaor 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.]

[(2) An application form duly filled [* * *] shall be sent to the Secretary, Registration Committee, Directorate of Plant Protection, Quarantine and 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 (46 of 1968);

(ii) rupees two thousand five hundred in case of application for registration under section 9(4) of the Insecticides Act, 1968 (46 of 1968).]

[(3) The registration fee payable shall be paid by a demand draft drawn on the State Bank of India, Faridabad, in favour of the Accounts Officer, Directorate of Plant Protection, Quarantine and Storage, Faridabad, Haryana.[(3A) 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.]

[(3B) 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.]

(4) The certificate of registration shall be in [Form II or Form III], as the case may be and shall be subject to such conditions as specified therein.][(4A) The Certificate of Registration under sub-rule (3B) shall be issued in electronic form online in Form III and shall be subject to such conditions as specified therein.]

[6A. Issue of duplicate Certificate of Registration. – A fee of rupees one hundred shall be paid in the form of demand draft drawn on the State Bank of India, Faridabad in favour of the Accounts Officer, Directorate of Plant Protection, Quarantine and Storage, Faridabad, Haryana for a duplicate copy of a Certificate of Registration if the original is defaced, damaged or lost.]

[6B. Addition, deletion or alteration on the Certificate of Registration including labels and leaflets. – A fee of rupees one hundred shall be paid in the form of demand draft drawn on the State Bank of India, Faridabad, in favour of 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.]

7.Appeal. – (1) An appeal against any decision of the Registration Committee under section 9 shall be preferred in writing [in [Form IV], in duplicate] to the Central Government in the Department of Agriculture.(2) The appeal shall be in writing and shall set out concisely and under distinct heads the grounds on which the appeal is preferred.[(3) Every appeal shall be accompanied by a demand draft of rupees one thousand towards fee and a copy of the decision appealed against.][(4) The fee payable for preferring an appeal shall be paid by a demand draft drawn on the State Bank of India, New Delhi, in favour of the Pay and Accounts Officer, Department of Agriculture and Co-operation, New Delhi.]

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 Licenses

9. Licenses to manufacture insecticides.(1) Application for the grant [* * ] of a license to manufacture any insecticide shall be made in [Form V], [ * *], 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 license is applied. If an insecticide is proposed to be manufactured at more than one place, separate applications shall be made and separate licenses shall be issued in respect of every such place.[(3) A license to manufacture insecticides shall be issued in [Form VI] and shall be subject to the following conditions, namely: –

(i) The license [* * *] 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 license shall forthwith be reported to the licensing officer.

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

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

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[(4)A licensing officer may, after giving reasonable opportunity of being heard, to the applicant, refuse to grant any license.(4-A) No license to manufacture an insecticide shall be granted unless the licensing officer is satisfied that necessary plant and machinery, safety devices and first-aid facilities, etc.,exist in the premises where the insecticide is proposed to be manufactured.][(4B) A person who applies for manufacturing licence shall possess or shall employ a person possessing Master’s degree in Chemistry with a Doctorate or a graduate degree in Chemical Engineering for manufacture of technical grade pesticides or a graduate degree in Agriculture Science with Chemistry for manufacture of pesticide formulation:Provided that a person possessing a manufacturing licence on the date of notification of this sub-rule shall be allowed a period of two years to comply with the educational qualification.][(5)A fee of rupees one hundred shall be paid for a duplicate copy of a license issued under this rule, if the original is defaced, damaged or lost.]

10. Licenses for sale, etc., of insecticides. – (1) Applications for the grant [* * ] of a license to sell, stock or exhibit for sale or distribute insecticides shall be made in [Form VII], [ * *], to the licensing officer and shall be accompanied by the fees specified in sub-rule (2).[(1A) A person who applies for the grant of licence to sell, stock or exhibit for sale or distribute insecticides shall possess or shall 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 as the minimum qualification:Provided that all retailers or dealers possessing a valid licence as on the date of notification of this sub-rule shall be allowed a period of two years to comply with the educational qualifications.](2) The fee payable under sub-rule (1) for grant [* * *] of a license shall be rupees five hundred for every insecticide for which the license is applied. 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 seven thousand five-hundred 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. If any insecticide is proposed to be sold or stocked for sale at more than one place, separate applications shall be made and separate licenses shall be issued in respect of every such place [and for every insecticide].[(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 license in [Form VII] with a fee of rupees one thousand for each place of operation. The license granted for such operations shall be valid for a period of five years provided that the license shall be renewed after verification or inspection at the expiry of this period on application in [Form VII] for a further period of five years with an application fee of rupees one thousand.

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

(iii) Any person who applied for grant of license 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 Good 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 license. 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.]

[(4)A license to sell, stock or exhibit for sale or distribute insecticides shall be issued in Form VIII and shall be subject to the following conditions, namely: –

(i) The license 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.]

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

[(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)[(i) Every person shall along with his application for grant [* * *] of a license 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 [Form IX].]

[(ii) The certificate to be issued by the principal shall be addressed to the licensing officer of the concerned area and shall contain full particulars of the principal including their registration and manufacturing license 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.]

[(5)A licensing officer may, after giving a reasonable opportunity of being heard to the applicant, refuse to grant any license.][(6)A fee of rupees one hundred shall be payable for a duplicate copy of license issued under this rule if the original is defaced, damaged or lost.][(7) A certificate shall be submitted by all licencees under rule 9 and rule 10 in Form X to the licensing authority every year. The licensing officer shall conduct inspection of infrastructure, premises, stocks and records at least once every two years.]

[10A. 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. [A record of all such stocks shall be maintained in Form XI.]]

[(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.]

[10-B. Special provision with regard to sulphur. – In regard to insecticide 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.]

[10C. 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 article 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.]

[10D. 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 insecticide 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.]

11. Duration of licenses. – [[(a) A licence to manufacture insecticides, if any, issued on the basis of provisional registration granted under subsection (3B) 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].Provided that the license 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:Provided further that the license granted by endorsement on the main license under clause (iii) of sub-rule (8) or rule 9 or under clause (iii) of sub-rule (4) of rule 10 under sub-rule (3) of rule 10-A shall expire or be renewable along with the main license.[Provided also that a licence for retail selling of household insecticides shall be issued for a period of ten calendar years.]

(b) An application for the renewal of a license [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 -]

[(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 license [* * *] to carry pest control operations;

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Provided that where the main pest control operation unit or the place of sale is located in the rural areas, the late fee shall be one-fifth of the said late fee:Provided further that in case of death or disability or the licensee, the Licensing Officer may after recording reasons in writing, exempt the applicant from payment of the late fee.][Explanation. – (1) Where an application for renewal is made before the expiry of the license and the order regarding refusal or renewal is passed after the expiry of the license, the applicant shall be deemed to have been carrying on his business in accordance with the expired license till the date ofcommunication of the final order on that application.(2)Where an application for renewal is made after the expiry of the license with late fee, the applicant shall be deemed to have been carrying on his business in accordance with the expired license (from the date of expiry) till the date of communication of the final order on that application.]

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

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

12. Conditions of license. – [(a)] Subject to conditions laid down in sub-rule (3) of rule 9 and sub-rule (4) of rule 10, a license shall not be granted to any person under this Chapter unless the licensing officer is satisfied that the premises in respect of which license 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 license is granted.

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

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

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

13. Varying or amending a license. – The licensing officer may either on an application made by the licensee or if he is satisfied that the conditions under which a license has been granted under this Chapter have been changed that it is necessary so to do, vary or amend a license, [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 license.

14. Transfer of license. – (1)The holder of a license may, at any time, before the expiry of the license, apply for permission to transfer the license to any other person.(2)The application under sub-rule (1) shall be accompanied by a fee of rupees one hundred. The licensing officer may, after such inquiry as he thinks fit, accord permission to transfer the license and on such permission being given, an endorsement to that effect shall be made in the license.(4) If the permission to transfer a license is refused, the fee paid therefore shall be refunded to the applicant.

[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 insecticide wise, in a register in [Form XII] and a State wise monthly return of all sales to actual consumers shall be sent to the licensing officer, in Form XIV within 15 days from the close of the relevant month.(3) Every importer or manufacturer of insecticide shall maintain a stock register in Form XV for technical grade insecticides and in [Form XV] for formulated insecticides.(4) Every manufacturer or importer shall maintain a book of accounts and register 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 [Form XV and XVI]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 authorised 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 to 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.]

CHAPTER V

Packing And Labelling

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] any insecticide unless it is packed and labelled in accordance with the provisions of these rules.

[17. Packing 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 any further steps are still required to be taken to make it marketable.]

18. Leaflet to be contained in a package. – [(1)] 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 being, 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 warning relating to inflammable, explosive or other substance 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 the effect;

[(g) 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) 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 pictogram’s provided on the label and others, if any, shall also be printed on the leaflet;

(k) leaflet shall contain detailed 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 crop, namely:-

(i) weather conditions;

(ii) soil;

(iii) crops stage for application;

(iv) application techniques;

(v) equipment type;

(vi) nozzle type;

(vii) dosage;

(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, poly houses, 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 inserted or kept in between primary and secondary packing or pouch as per clause 1.(i) of rule 19.]

[(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 the State licensing officer.]

19. Manner of labelling.[(1) (i) The label shall have minimum of two panels in respect of rectangular containers and three panels in respect of bottles. The minimum size of the two panel label to be affixed on the face of the container shall be not less than 130 square centimetres. The minimum size of the three panel label shall not be less than 210 square centimetres.The following information shall be printed on the label:-(I) Two panel label for square/rectangular containers or pouches):

  1. Face of the label:

The panel on the left side shall be six centimetres X ten centimetres and shall contain the following information in English:

(a) name of insecticide (brand name or trade mark under which the insecticide is sold);

(b) common name; accepted by the International Standards Organisation or the Indian Standards Institutions and if no common name exists, the correct chemical name which conforms most closely with the generally accepted rules of chemical nomenclature shall be given;

(c) instructions to “Read Leaflet Before Use”;

(d) directions for Use, manner and time of application and the list of crops on which it is registered to apply;

(e) dosage;

(f) optimal re-entry period after each application of pesticide and the optimum pre-harvest interval;

(g) safety precautions : Wash contaminated clothes and parts of the body after application. Wear full protective clothing during application. Avoid inhalation, do not smoke, drink, eat and chew anything during application;

(h) composition of the formulation;

(i) first aid;

(j) antidote statement;

(k) name of the manufacturer (if the manufacturer is not the person in whose name the insecticide is registered under the Act, the relationship between the person in whose name the insecticide has been registered and the person who manufactures, packs or distributes or sells shall be stated);

(l) imported and re-packed by;

(m) marketed by;

(n) registration number of the insecticide;

(o) manufacturing license number;

(p) batch number;

(q) date of manufacture;

(r) expiry date, i.e. up to the date the insecticide shall retain its efficacy and safety;

(s) Maximum Retail Price (M.R.P.) Inclusive of taxes;

(t) net content of volume. (The net contents shall be exclusive of wrapper or other material. The correct statement of the net content in terms of weight, measure, number of units of activity, as the case may be, shall be given. The weight and volume shall be expressed in the metric system);

(u) cautionary symbol as per the toxicity classification and cautionary words;

(v) Warning 1. Not to be used on crops and pests other than those mentioned on label and leaflets

  1. Not to be used for Post-Harvest Applications.
  2. Destroy the container after use as directed on leaflet.
  3. Directions and dosage for poly houses and confined area – Refer the leaflet.
  4. Company’s name, bar code, hologram, e-mail id and customer care numbers.
  5. Right side of the label: The panel on the right side shall be seven centimetres X ten centimetres and shall contain the same information as above, in Hindi.

(C) The rear side of the Label: There shall be a label on the rear side of the container, on which matter printed on right panel of the face of the label in Hindi shall be translated and printed in the regional language(s) of the area where it is proposed for sale.

All relevant safety pictogram’s (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. Pictogram’s 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.

(II) II. Three Panel Label (for bottles):(Minimum size of the three panel label shall be 210 square centimetres)

(A) The panel on the left side shall contain the following information in at least one regional language:-

(a) name of insecticide (brand name or trade mark under which the insecticide is sold);

(b) common name accepted by the International Standards Organisation or the Indian Standards Institutions and if no common name exists, the correct chemical name which conforms most closely with the generally accepted rules of chemical nomenclature shall be given;

(c) instructions to “Read leaflet before use”;

(d) directions for use: manner and time of application and the list of crops on which it is registered to apply ;

(e) dosage;

(f) optimal re-entry period after each application of pesticide and the optimum Pre-Harvest Interval;

(g) safety Precautions : wash contaminated clothes and parts of the body after application. Wear full protective clothing during application. Avoid inhalation, do not smoke, drink, eat and chew anything during application. Wear full protective clothing during application.

(h) composition of the formulation;

(i) First-aid;

(j) antidote statement;

(k) name of the manufacturer (if the manufacturer is not the person in whose name the insecticide is registered under the Act, the relationship between the person in whose name the insecticide has been registered and the person who manufactures, packs or distributes or sells shall be stated);

(l) imported and re-packed by;

(m) marketed by;

(n) registration number of the insecticide;

(o) manufacturing license number;

(p) batch number;

(q) date of manufacture;

(r) expiry date, i.e. up to the date the insecticide shall retain its efficiency and safety;

(s) maximum Retail Price (M.R.P.) Inclusive of taxes;

(t) net content of volume. (The net contents shall be exclusive of wrapper or other material. The correct statement of the net content in terms of weight, measure, number of units of activity, as the case may be, shall be given. The weight and volume shall be expressed in the metric system);

(u) cautionary symbol as per the toxicity classification and cautionary words;

(v) Warning 1. Not to be used on crops and pests other than those mentioned on label and leaflets

  1. Not to be used for Post-Harvest Application.
  2. Destroy the container after use as directed on leaflet;
  3. Directions and dosage for poly houses and confined area – Refer the leaflet.

(w) Company’s name, barcode, hologram – mail id and customer care numbers.

(B) The central panel shall contain the same information as above, in English.

(C) The right side of the panel shall contain the same information as above, in Hindi.

All relevant safety pictogram’s (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. Pictogram’s shall be proportionately bigger in respect of labels of bigger size at the bottom of the right side panel. They may be used only once on the label.

(ii) The label shall be printed legibly using font size of not less than seven points (7) in English and five and half points (5.5) in Hindi and regional languages.

(iii) If the container or packet or sachet is small, the product should be packed in an outer cover on which label of prescribed size as per contents of clause (i) of sub rule (1) of rule 19 shall be printed.

(iv) In case where small sachets, packets or containers that contains the product are packed in a larger packet, the following details shall be printed with indelible ink on the outer surface in English and Hindi and in font size of not less than five points (5) :-

(a) brand name;

(b) common name;

(c) manufacturer’s name and address;

(d) imported and re-packed by (if applicable);

(e) registration number;

(f) manufacturer’s license number;

(g) batch number;

(h) manufacturing date;

(i) expiry date;

(j) maximum retail price (MRP);

(k) net content ;

(l) customer care details; and

(m) cautionary symbol as per the toxicity classification and cautionary words.

(v) The model labels (two panel and three panel) shall be as per the pictures II, III, IV & V given in the Third Schedule.]

Substituted by Notification No. G.S.R. 797 (E) dated 13.11.2014 (w.e.f. 30.10.1971)

(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 [one-sixteenth of the area of the panel or four square centimetres whichever is greater], a square, set at an angle of 450 (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 (93) 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) shall bear the word “POISON” printed in red and the statement “KEEP OUT OF THE REACH OF CHILDREN”, shall also appear on the label at suitable place outside the triangle;

(iii) insecticides in Category III (moderately toxic) shall bear the word “DANGER” and the statement “KEEP OUT OF 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 (94) 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.

Classification of the insecticides Medium lethal dose by the oral route acute toxicity LD 50 mg/kg body weight of test animals Medium lethal dose by the dermal route dermal toxicity LD 50 mg/kg. Body weight of test animals Colour of identification band on the label
1. Extremely toxic 1-50 1-200 Bright red
2. Highly toxic 51-500 201-2000 Bright yellow
3. Moderately toxic 501-5000 2001-20000 Bright blue
4. Slightly toxic More than 5000 More than 20000 Bright green

(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.(7) The label and leaflets to be affixed or attached to the package containing insecticides shall be printed in Hindi, English and in one or two 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”.

20. Prohibition against altering inscription, etc., on containers, labels or wrappers of insecticides. – No person shall alter, obliterate or deface any inscription or make 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

Insecticide Analysts And Insecticide Inspectors

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 qualification, 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.

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.

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 test 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.

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 of the packet with the specimen impression received separately and shall note the condition of the seals on the packet.(2) In making the test or analysis of insecticides, it shall be sufficient if the Insecticides Analyst follows that specifications and the months of examination of samples as approved by the Registration committee. 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 [Form XVII] of the result of test of analysis.

25. Fees payable for testing or analysis. – [(1) The fees payable for testing or analyzing insecticides under sub-section (5) of section 24 of the Act shall be as specified in the Second Schedule.][(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 the payment of the fee for such period as it may consider reasonable.]

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.

27. Duties of Insecticide Inspector. – The Insecticide Inspector shall have the following duties,namely: –

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

(2)to satisfy himself that the conditions of license 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.

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 license 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 license 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.

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.

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 [Form XVIII].

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.

32. Form of receipt for seized insecticide. – A receipt by an Insecticide Inspector for the stock of any insecticide seized shall be in [Form XIX].

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 [Form XX] to the person from whom he takes it.

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 memorandum in [Form XX] 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 [Form XXI] 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

z35. [Manner of packing, storage while 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 insecticide 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.

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 almirah under lock and keys 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

[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, yearly in 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 in [Form XXII]. Where the insecticide in question is an organophosphorus compound or a carbamate compound, the blood cholinester age 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 cholinesterage 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.]

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.Section 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 book on the subject. The workers also should be educated regarding the effects of poisoning and the first-aid treatment to be given.

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 of 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 half-way upto the forearm, made of materials impermeable to liquids;

(c) dust-proof goggles;

(d) boots.

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.

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 (hereafter in these rules referred to as operators) shall keep sufficient stocks of such first-aid tools, equipment, antidotes, injections and medicines 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.

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.

43. Aerial spraying operations. – The aerial application of insecticides shall be subject to the following provisions, namely: –

(a) marking of the area shall be 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.

44. Disposal of used packages, surplus materials and washings of insecticides. – (1) It shall be the duty of the manufacturers, formulators of insecticides and operators to dispose packages or surplus material and washings in a safe manner so as to prevent environmental or water pollution.(2)The used packages shall not be left outside to prevent their re-use.(3)The packages shall be broken and hurried away from habitation.

CHAPTER IX

Miscellaneous

45. Places at which the insecticides may be imported. – No insecticides shall be imported into India except through one of the following places, namely:-Ferozepore Cantonment and Amritsar railway stations in respect of insecticides imported by rail across the frontier with West Pakistan.Ranaghat, Bongaon and Mahiassan railway stations in respect of insecticides imported by rail across the frontier with East Pakistan.[Chennai, Kandla, Kochi, Kolkata, Mormugao, Mumbai and Tuticorin (Ennor)-in respect of insecticides imported by sea into India].Madras,Calcutta, Bombay, Delhi and Ahmedabad-in respect of insecticides imported by air into India.

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 or other committee, as the case may be, as are for the time being admissible to Grade I officers of the Central Government.