Source: BS
Context:
The government has reopened consultations on the long-pending Pesticides Management Bill (PMB), aimed at modernising India’s pesticide regulatory framework.
About Pesticides Management Bill (PMB)
Objective
- To regulate the import, manufacture, sale, transport, distribution, and use of pesticides.
- Ensure safe, effective, and environmentally responsible pesticide management.
Key Focus Areas
- Registration & Licensing: Mandatory registration of all pesticides; licensing for manufacturers, distributors, and dealers.
- Labeling & Packaging: Clear instructions, safety warnings, and hazard information.
- Safety & Compliance: Regular inspections, monitoring, and strict penalties for violations.
- Ban & Restrictions: Authority to prohibit hazardous pesticides.
- Promotion of Eco-friendly Pesticides: Support for bio-pesticides and integrated pest management practices.
Key Industry Concerns:
Licensing and Regulatory Control
- The draft gives excessive discretion to state licensing officers, without uniform central guidelines.
- Potential issues include arbitrary or inconsistent implementation across states.
- Suggestions:
- Define powers clearly.
- Mandate uniform licensing terms.
- Introduce a centralised digital system for issuing and renewing licences.
- Allow interstate sales without new licences.
- E-commerce sales to be regulated via licence verification and PIN-code restrictions.
Sampling and Inspection
- Section 40(1)(d) allows inspectors to take samples without representative or randomised selection, potentially enabling selective enforcement and corruption.
- Recommendation: Use rotational/randomised sampling, maintain digital records, and ensure disciplinary action for lapses.
Company Bans
- Section 35 permits bans on companies on vague grounds without scientific investigation, possibly for over a year.
- Proposal: Time-bound temporary bans (60–90 days) strictly based on scientific evidence; avoid bans triggered by trade disputes.
Data Protection and Innovation
- Regulatory Data Protection (RDP), allowing 5-year protection for new molecules, was present in the 2008 draft but dropped in current PMB.
- Absence of RDP may discourage research and development in new pesticides.
