Pesticides Management Bill

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.