Introduction

India is an agrarian country. Agriculture and its allied sectors are one of the major contributors to the GDP of the country.The country is one of the largest and most diversified food producers in the world, considering the backing of a strong agricultural infrastructure. The Ministry of Agriculture and Farmers Welfare brought an amendment to the Insecticides Rules, 1971. The present rules were amended vide the powers conferred to the ministry under section 36 of the Insecticides Act, 1968.

India has been facing a great boost in the agriculture sector. Government has put an enormous effort to shoot up the Indian agriculture. As a consequence, it is estimated that Indian agriculture would open the doors for India to reach 600 billion dollars GDP.[1] To support the aforementioned probability, India has been witnessing massive involvement in the field of agriculture. In 7 years, from 2013 to 2020, Indian agriculture startups increased from 50 to 1000.[2] Indian agriculture is being given a regulatory change wherein the agriculture lands are now being irrigated with the modern digital technologies. The government is making all the efforts in order to strengthen the present condition of agriculture in India. As a result, the legal framework of the agricultural sector has been perennially evolving to boost the economy of the country as well as protect the interest of farmers and workers in this industry. The current Article primarily focuses on the amendments made in the Insecticides rule in 2022 (2022 Amendments) and amendments made in the Insecticides Rules 2023 (2023 Rules), which encapsulate contemporary issues revolving around the Insecticides Act, 1968.

The Insecticides Act, 1968

The Insecticides Act, 1968 (Act), is a crucial piece of legislation that governs the import, manufacture, sale, transport, distribution, and usage of insecticides in India. The Act’s enactment was prompted by a series of life endangering pesticide poisoning incidents in India that occurred in the mid-20th century. Its primary objective is to regulate the import, manufacture, sale, transport, distribution and use of insecticides with a view to prevent risk to human beings or animals and for matters connected therewith.

Section 36 of the Act empowers the Central Government to make rules, in consultation with the Central Insecticides Board, for the purpose of giving effect to the provisions of the Act.

Insecticides Rules, 1971

These Rules, came into force on 30th October 1971. These Rules have been divided into nine chapters which extensively deal with the procedures to be followed under the Act.

2022 amendment–

For ease of reference, the following Tabular Statement showcases the relevant original Rules and the amended Rules, pursuant to the 2022 Amendment-

Notification no. and date Relevant rule of Insecticides Rules, 1971 Pre-Amendment Post-Amendment
Notification no. 846(E) dated 24.11.2022. Rule 9, Sub-rule 3, Clause (iii) Sub-rule 3 of Rule 9 provides that if a licensee intends to undertake the license for manufacturing of additional insecticides, an application shall be made to the licensing officer accompanied by the appropriate fee.

 

 The 2022 amendment introduces, a Proviso in Sub-rule (3), clause (iii) of Rule 9, which reads as “Provided that the licensing officer shall inspect the manufacturing premises within six months from the date of endorsement of additional insecticide on license to satisfy itself that necessary plant and machinery, safety devices and first aid facilities and the like, exist in the premises where insecticide is proposed to be manufactured.”

 
Notification no. 846(E) dated 24.11.2022. Rule 10E Vide amendment made in 2022, Rule 10E was inserted through which insecticide could be sold through e-commerce entity. E-commerce entities were obliged to verify the license of the seller before engaging him to sale the insecticides. The new rule 10(E) also mandates that the operators of e-commerce entity and licensee shall comply with the Consumer Protection (E-commerce) Rules, 2020.
Notification no. G.S.R. 846(E) dated 24.11.2022. Rule 10, Sub-rule (3A) clause (iii) This rule deals with the qualification of Pest Control Operators.

Prior to the 2022 amendment, a person desirous of undertaking pest control operations was mandatorily required to be a graduate in Agriculture or in Science.

 In light of the 2022 amendment, a person who intends to  undertake pest control operations will require to be a graduate in Agriculture or in Science or in Life Sciences.
Notification no. G.S.R. 33(E) dated 20.01.2022 Rule 19, Sub-rule (5) Following was recommended to be substituted under Sub-rule (5) of Rule 19:

“The lower portion of the square referred to in sub-rule (3) shall contain the color specified in column (8) of the table below, depending on the classification of the insecticides specified in the corresponding entry in column (2) of the said table.”

 

2023 amendment

In 2023, the Indian government implemented several amendments to the existing Insecticides Rules, aimed at enhancing efficiency, safety, and accessibility in the insecticide sector. These changes address various aspects of industry. The following amendments highlight the changes brought to the Insecticides Rule 1971 in the year of 2023.

Notification No. and Date Relevant rule of Insecticides Rules, 1971 Pre-Amendment Post-Amendment
Notification No. G.S.R 140(E) dated 24.02.2023. Rule 9, Sub-rule (4B) This rule deals with the qualification that a licensee applying for manufacturing license shall possess.

Before the amendment, a person was required to possess the “masters’ 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.”[3]

 After the Insecticides (First Amendment) Rules, 2023, rule 4(B) is substituted by following requirements:

“(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 insecticides.

(ii) Graduate degree in Agriculture or Science with Chemistry as one of the subjects for manufacture of insecticides formulations.”

Moreover, the period prescribed to a licensee to comply with the education qualifications  was extended from 2 years to 4 years.
Notification no. G.S.R. 211(E) dated 17.03.2023 Sub Rule (1) of Rule 19 Vide Insecticides (second Amendment) Rule, 2023, In sub-clause (w), following proviso shall be inserted “Provided that QR Code shall be placed on retail pack (Primary or Secondary pack as the case may be) at suitable place where on scanning the QR code by scanning equipment like mobile phone, a web link or link for opening the URL of the Manufacturing company will appear, which on pressing or clicking, will take the user to the entire unique information of label and leaflet and the QR code shall contain at least the following information:

(a) Unique Identifier or GTIN;

(b)Batch Number;
(c) Date of Manufacturing;
(d) Date of Expiry;

(e) Web link or URL.”
Notification No. G.S.R. 671(E) dated 13.09.2023 Clause (i), Sub-Rule (3) of Rule 19 Vide G.S.R. 671(E) dated 13.09.2023, substitution in clause (i) of “Explanation” para of Sub-rule (3) was suggested. The proposed substitution is mentioned herein below:

“(i) No registration certificate holder shall use a label of leaflet, which is not in accordance with the provisions of the Insecticides (Second Amendment) Rules, 2023, after a period of nine months from the date of commencement of the Insecticides (Second Amendment) Rules, 2023.”
Notification no. G.S.R. 211(E) dated 17.03.2023 Sub-Rule (3), Rule 9 Vide Insecticides (second Amendment) Rule, 2023, after sub-rule (3), following proviso shall be inserted

“Provided that for ultra-small packs, the dimensions of the said square shall be not less than 2.25 square centimeters (1.5cm x1.5 cm).”
Notification No. G.S.R. 274(E) dated 24.03.2023. Rule 6, Sub-rule (2), Clause (i) and (ii)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rule 6B

 Fee for an application has been prescribed under clauses (i) and (ii). In accordance to the concerned clauses, Rs. 5000/- shall be paid for registration of insecticides under section 9(3) and 9(3)(b) of the Insecticides Act, 1968.

Rs. 2500/- shall be paid in case of registration of insecticides under section 9(4) of the Insecticides Act, 1968.

 Clauses (i) and clauses (ii) have been substituted vide the Insecticides (Third Amendment) Rule, 2023. Under clause (i), the fee for an application was increased to Rs. 2,25,000/- for an application for registration filed under section 9(3) and 9(3)(b) of the Insecticides Act, 1968. Rs. 10,000/- was prescribed in case of application related to Bio-Pesticides for registration under section 9(3) and 9(3)(b) of the Insecticides Act, 1968.

Under clause (ii), Fee was increased to Rs. 25,000/- for an application relating to chemical insecticides for registration under section 9(4) of the Insecticides Act, 1968.

A table was inserted providing for the fee payable for registration against addition, deletion or alteration etc. on the certificate of Registration including labels and leaflets and other related activities.
Notification No. G.S.R. 827(E) dated 08.11.2023.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notification no. G.S.R. 921(E) dated 28.12.2023.

 Sub-clause (iii) of clause (3-A) of Rule 10 Vide Insecticides (Sixth Amendment) Rules, 2023, following proviso shall be inserted:

“(a.) For the words “Indian Grain Storage Institute, Hapur and National Plant Protection Training Institute, Hyderabad” the words “Indian Grain Storage Management and Research Institute, Hapur and National Institute of Plant Health Management, Hyderabad;” shall be substituted.”

 

“(b.)Provided that any person who apply for grant of license for the pest control operations, using only glyphosate and its derivatives for such operations, as prescribed shall undergo a training programme, meant exclusively for glyphosate usage, from any of the following institutions –

a.   any state agricultural university or

b.   Krishi, Vigyan, Kendra or

c.   National Institute of plant health management, Hyderabad or

d.   State agricultural management and extension training Institute or

e.   Central or state agricultural research Institute or

f.    Any other government recognized university or institute or

g.   Central or regional integrated pest management Centre (CIPMC)

with NIPHM as the implementing nodal agency for curriculum and monitoring of the training programme.”

 

Vide Notification dated 28th December 2023, another notification was made providing for the applicant to have passed Class 12th or Higher Secondary Certificate Exam from a recognized Board or University.
Notification No. G.S.R. 794(E) dated 23.10.2023. Rule 14, Sub-rule (1) Vide Insecticides (Fifth Amendment) Rules, 2023, the government proposed to provide for transfer of license, in case of death of any existing retailer or dealer, on the name of any of the family members of the deceased during the currency of license. In order to proceed with the same, the family member of the deceased must submit the death certificate and the legal heir certificate before the licensing officer.

It is further provided therein that in the event that a deceased retailer or dealer’s family member lacks the qualifications outlined in rule 10, they may obtain a provisional license transfer for a maximum of one year. This provisional transfer allows them time to complete a certificate course in insecticide management. The provisional license will expire after one year or upon successful completion of the course, whichever comes first. During this period, the family member can hire someone who possesses the required educational qualifications as specified in rule 10..
Notification no. G.S.R. 827(E) dated 08.11.2023

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notification No. G.S.R. G.S.R. 645(E) dated 01.09.2023

 

 Rule 10, Clause (iii) of Sub-rule (3A)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Qualification of a person for grant of license has been prescribed in the following terms:

“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.”

 Vide the Insecticides (Fourth amendment) Rules, 2023, following was prescribed:

“For the words “Indian Grain Storage Institute, Hapur and National Plant Protection Training Institute, Hyderabad” shall be substituted by the words “ Indian Grain Storage Management & Research Institute, Hapur and National Institute of Plant Health Management, Hyderabad, respectively ”.

 

In sub-clause (iii), following shall be inserted:

“Provided that any person who apply for grant of license for the Pest Control Operations using only Glyphosate and its derivatives for such operations as prescribed shall undergo a training programme, meant exclusively for Glyphosate usage, from any of the following Institutions, namely –

(i)             any State Agricultural University,

(ii)           Krishi Vigyan Kendra

(iii)         National Institute of Plant Health Management, Hyderabad

(iv)          State Agricultural Management and Extension Training Institute

(v)            Central or State Agricultural Research Institute

(vi)          any other Government recognized university or institute

(vii)        Central or Regional Integrated Pest Management Center (CIPMC)

with NIPHM as the implementing nodal agency for course curriculum and monitoring of the training programme.”

 

After the first proviso, it is to be inserted that to obtain a license for pest control operations using only Glyphosate and its derivatives, applicants must possess a minimum educational qualification of a 12th Standard/Higher Secondary Certificate examination or its equivalent from a recognized Board or University. Additionally, they must complete a training program specifically designed for Glyphosate usage offered by one of the prescribed institutes.
Notification No. G.S.R. 315(E) dated 25.04.2023 Rule 10, Sub-rule (1A) In the Insecticides Rules, 1971, in Rule 10, in Sub-Rule (1A), in the first proviso, for the figures, letters and word “31st December, 2022”, the figures, letters and word “31st December, 2023” shall be substituted.
Notification No. G.S.R. 866(E) dated 17.11.2023 Rule 10, clause (i) of Sub-rule (3A) After the first proviso, following shall be inserted:

“Provided that a person who applies for grant of licence to undertake pest control operations with the use of Glyphosate and its derivatives shall be deemed to have granted a licence if the licensing officer did not grant him licence after expiry of a period of thirty days from the date of submission of his application.

Provided also that the person shall apply for licence with a fee of one thousand rupees for all places of operation using glyphosate and its derivatives only.”

 
Notification no. G.S.R. 406(E) dated 31.05.2023 Rule 14, Sub-rule (1) After the first proviso, following provision may be inserted:

“Provided that in case of death of the existing retailer or dealer, the family member of the deceased retailer or dealer, during the currency of the license, may apply for permission to transfer the license in his name subject to the applicability of succession laws and submission of the death certificate of the deceased dealer or retailer before the concerned licensing officer.

Provided also that the family member of the deceased retailer or dealer who is without the prescribed qualification shall undergo the certificate course in insecticides management for transfer of license. The license can be provisionally transferred to the family member for a period of one year or till the family member completes the certificate course in insecticides management, whichever is earlier. During this period the applicant can employ a person with prescribed educational qualifications.”

Notification no. G.S.R. 671(E) dated 13.09.2023 Rule 19, Sub-rule (3) Clause (i) of “Explanation” para of sub-rule (3) of rule 19 shall be substituted with the words:

“(i) no registration certificate holder shall use a label or leaflet, which is not in accordance with the provisions of the Insecticides (Second Amendment) Rules, 2023, after a period of nine months from the date of commencement of the Insecticides (Second Amendment) Rules, 2023.”

Notification No. G.S.R. 868(E) dated 24.11.2023 Rule 9, Sub-rule (1)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rule 10, Sub-rule (1)

 

 

 

 

 

 

 

 

Rule 15

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rule 24

 

 

 

 

 

 

 

 

 

 

Rule 25

 

 

 

 

 

 

Rule 27, Sub-rule (6)

 

 

 

 

 

 

 

 

Rule 30

 

 

 

 

 

 

 

 

 

 

 

 

Rule 32

 

 

 

 

 

 

 

 

 

 

Rule 33

 

 

 

 

 

 

 

 

 

 

 

 

 

Rule 34

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

 

 

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].

 

 

 

 

 

 

 

 

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.

 Following shall be substituted:

“Application for the grant of a licence to manufacture any insecticide shall be made in digital form [Form II] 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”

 

Following shall be substituted namely:

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

Following shall be substituted accordingly:

“(i) In Sub-rule (2), the word phrase “shall be entered insecticide wise, in a register (either in physical form or digital Form)” shall be substituted by “shall be made insecticide wise in digital form.”

(ii) In Sub-rule (3), the word phrase “(either in physical from or digital Form)” shall be substituted by “in digital form”.

(iii) For Sub-rule (4), following shall be substituted namely :-

“Every manufacturer or importer shall maintain in 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 Appendix D1 to Form III and Appendix D2 to Form III respectively within 15 days from the closing of the month.”

 

“(i) In sub rule (3), the word “in triplicate” shall be omitted.
(ii) After Sub-rule (3), the following sub-rule (4) shall be inserted;

“(4) The receipt and supply of report as stated in sub-rule (1) and (3) shall be made in digital form.”

 

After Sub-rule 25(2), following shall be inserted:

“Provided further, the fee may be paid in the digital form.”

 

Following shall be substituted:

“To maintain digital record of all inspections made and action taken by him in the performance of his duties including the taking of samples and seizure of stocks and to submit such record to the licensing officer.”

 

Following shall be substituted namely:

“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 V(A) either in physical or digital form.”

 

Following shall be substituted namely:

“32. Form of receipt for seized insecticide.- A receipt by an Insecticide Inspector for the stock of any insecticide seized shall be in Form V(B) either in physical or digital form.”

 

Following shall be substituted namely:

“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 V(C) to the person from whom he takes it either in physical or digital form.”

 

After Sub-rule 34(1) the following proviso shall be inserted:
“Provided form of intimation for test or analysis may be issued in the digital form.”

Notification No. G.S.R. 921(E) dated 28.12.2023 Rule 10, in Sub-rule (3A), in Clause (iii) Vide Insecticides (Seventh amendment) Rules, 2023, after the first proviso following shall be inserted, namely:

“Provided further that he must have passed Class 12th or Higher Secondary Certificate Examination from a recognized Board or University.”

2024 Amendments

Notification No. and Date Relevant rule of Insecticides Rules, 1971 Pre-Amendment Post-Amendment
Notification No. G.S.R. 34(E) dated 08.2024 Rule 10, in Sub-rule (1A) In the first proviso, following shall be substituted:

“For the figures, letters and word “31st December, 2023” the figures, letters and word “30th June, 2024”

 
Notification No. G.S.R. 37(E) dated 11.01.2024 Rule 19, in Sub-rule (3) In “Explanation”, in clause (i), for the word “six”, the word “nine” shall be substituted.

 

Conclusion

The Insecticides Rules, 1971 and various amendments to it represent significant strides in the Indian government’s efforts to ensure responsible and sustainable management of insecticides within the country. These amendments address various crucial aspects of the industry, including:

    1. Enhanced Safety: The introduction of QR codes on packaging strengthens consumer awareness and provides access to essential product information. Additionally, the amendment specifying dimensions for pictograms on ultra-small packs guarantees crucial safety warnings are visible and easily comprehensible.
    2. Improved Efficiency: Streamlining procedures for registration and licensing, coupled with revised timeframes for compliance, fosters greater efficiency within the industry. This paves the way for smoother operations and faster access to essential insecticides for farmers and pest control operators.
    3. Accessible Education: The amendment requiring a graduate degree in agriculture or science for pest control operations using glyphosate derivatives ensures operators possess the necessary knowledge and skills for safe and effective application.
    4. Increased Transparency: The requirement for e-commerce entities to verify licenses promotes greater transparency within the online sales channel, protecting consumers from potentially fraudulent activities.
    5. Focus on Bio-pesticides: Reduced data requirements and a provisional registration option for bio-pesticides encourage the development and adoption of more sustainable pest control solutions.
    6. Regulatory Harmonization: The amendments align regulations with evolving industry standards and best practices, ensuring India remains at the forefront of responsible insecticide management.

These amendments collectively demonstrate the Indian government’s commitment to fostering a thriving agriculture sector while safeguarding human health and the environment. The ongoing evolution of the regulatory landscape underpins India’s ambition to achieve a balance between food security and environmental sustainability. By continuously adapting regulations to address emerging challenges and opportunities, the government paves the way for a future where insecticides are utilized effectively and responsibly for the benefit of all.

Footnotes

[1] Namrata Dubashi, et. Al, How Agtech is poised to transform India into a farming powerhouse, McKinsey & Company, p. 2 (May 2023)

[2] Id.

[3] The Insecticides Rule, 1971, Rule 4(B).

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