Regulations for the importation, handling, use, storage and disposal of pesticides (L.N. No. 114 of 2006)

Legal Notice No. 114/200tl Regulations for Importation, Handling, Use, Storage and Disposal of Pesticides Article 1. Short Title These Regulations may be cited as the "Regulations issued to determine the Importation, Handling, Use, Storage and Disposal of Pesticides-Legal Notice No.1 14/2006". Article 2. Scope These Regulations does not apply to Pesticides which are intended for pest control in the domestic use, or those used in adhesive pastes, decorative paper or textiles, or in paint. Article 3. Definition In these Regulations unless the context otherwise requires; (1) "Minister" or "Ministry" means the Minister or the Ministry of Agriculture; (2) "Person" means any physical or juridical person; (3) "Pesticide" means any substance or mixture of substances intended for preventing, destroying or controlling any pest, including vectors of human or animal disease, unwanted species of plants or animals causing harm during or otherwise interfering with the production, processing, storage, transport or marketing of food, agricultural commodities, wood and wood products or animal feedstuffs, or substances which may be administered to animals for the control of insects, arachnids or other pests in or on their bodies. The term includes substances used as a plant growth regulator, defoliant, desiccant or agent for thinning fruit or preventing the premature fall of fruit, and substances applied to crops either before or after harvest to protect the commodity from deterioration during storage and transport. 1 Article 4. Importation of Pesticides (I) Without prejudice to the provisions of sub-Article (2) of this Article, only those listed down under Annex I of these Regulations may be imported to Eritrea. (2) Pesticides other than those appearing in the list under Annex lrnay only be allowed to be imported for purpose of scientific research where they comply with the directives and formalities to be issued by the Ministry. (3) The Ministry, before taking any action under sub-Article (2) of this Article, should consult and consider the views of concerned government institutions such as the Ministry of Health and the Ministry of Land, Water and Environment. (4) The Ministry in collaboration with the Ministry of Health, Ministry of Land. Water and Environment and other concerned bodies shall revise and update the national pesticide list as and when required. Article 5. Pesticide Import Permit Any person who intends to import any pesticide into Eritrea may apply to the Ministry to acquire a permit; when all prescribed terms and conditions are met. the Ministry may write a supporting letter in favor of the applicant to the Ministry of Trade and Industry for an import permit, Article 6. Pesticide Dealers License Any person who intend.• to be eng~gen in pesticide bnsiness involving the import, sale and commercial application of pesticides shall apply to the Ministry for a license. When all the prescribed terms and conditions are met, the Ministry shall write a supporting letter in favor of the applicant to the Ministry of Trade and Industry for a business licenses. Article 7. Labeling, packaging and other information (l) All pesticide containers shall have the following information indelibly marked in Tigrigna, Arabic and English: 2 a) trade nameofthe pesticide; b) commonnameIchemical nameof the pesticide; c) formulation and concentration of activeingredients; d) net volumeor weight; e) directions for use; f) warning ofpotential hazards; g) directionin case of poisoning; h) batch number, manufacturing and expirydate; i) name and address ofthe manufacturer, distributor or agent; and also countryof origin of the manufacturer and the product; j) registration numberin the countryof production and sale; and k) pictograms. (2) Any pesticideimportershall provide, with eachpackageofpesticide, information and instructions in a form and language adequate to ensure effective use and reducerisks duringhandling. In addition, a standard health and safetysheet, such as the WHO MaterialSafetyData Sheetsshall be preparedand sent along with the consignment. Article 8. Pesticide Testing (1) Any pesticideimportershall provide, upon the Ministry's request, methods for analysisofany activeingredient or formulation of a pesticide, and the necessary analytical standards. (2) Any pesticide importershall ensure that each pesticide and pesticide productis adequately and effectively tested by recognized procedures and test methods so as to fully evaluate its efficacy, behavior, fate, hazardand riskwith regard to the various anticipated conditions in regions or countries of usc. 3 Article 9. Responsibilities of Pesticide Importer An importer or distributor of a pesticide has the following responsibilities: (a) to prepare safe storage facility approved by the Ministry; (b) to provide advisory services to purchasers ofpesticide with regard to pesticide storage, handling, and application; (c) not to sell or distribute expired or obsolete pesticides; and (d) be responsible for providing technical and financial support, with respect to disposal ofpesticides and used pesticide containers of those imported by him as and when required. Article 10. Inspection and Disposal (1) Regular inspection activities shall be carried out by the Ministry in pesticide stores and premises as well as during pesticide application to ensure that pesticides are properly stored and applied and shall assess the condition of the pestic ides in order to take the necessary measure. (2) The Ministry may in collaboration with concerned institutions make every effort to ensure the safe disposal of obsolete pesticides. Article 11. Revocation or Cancellation of a Certificate of Qualification (l) The Minister may suspend or cancel a certificate of qualification on any of the following grounds: a) where the pesticide import permit is proved to have been obtained by submitting false information; or b) where the person has been found importing, distributing, keeping in stock for sale, selling or commercially applying a pesticide not appearing in the National List of Pesticides; or c) where the person has been found importing, distributing, or storing any pesticide which has been adulterated, or which has decomposed or 4 deteriorated so as to be ineffective, or hazardous to human health or the environment; 01': d) where the person has been found importing, distributing, keeping in stock for sale or selling any pesticide at a premises different from that approved for the purpose under these Regulations; or e) where the person has been found obstructing an inspector in the course of her or his duties. (2) The Minister may request the Ministry ofTrade and Industry to suspend or revoke the license pursuant to the provisions of Article 20(2) of the Business Licensing Amendment Proclamation No.128/2002. Article 12. Appeals Any person who is aggrieved by a refusal to issue or renew, or a decision of the Minister to revoke or cancel a certificate of qualification may appeal tu tile High Court within 30 days after the decision is given. The decision of the High court on the appeal shall be final. Article 13. Effective Date This Legal Notice shall enter into force on the date of its publication in the Gazette of Eritrean Laws. Done at Asrnara, this zo" day of, September 2006 Government ofEritrea 5 (Ann~x; D i :P,'il$ ~.t ·1 National List of P'es~ikld~s ' ('1.'lt-'e lIClIC · R~-qA'T ).. ~ A . Insecticides ·No Common Name Chemical Group Remarks I (acephate OP 2 'amitraz Amidine 3 azadirachtin Biopesticide 4 carbaryl CARB 5 bendiocarb CARE 6 carbofuran CARB 7 carbusulfan OP 8 chlorfenvinphos OP ') chlorpyrifos-mcthyl or 10 chlorvprifos OP II coumaphos OP 12 cvthioate OP 13 cvpermethrin PYR 14 deltamethrin PYR 15 diazinon OP 16 dimethoate OP 17 fenpropathrin PYR 18 fenthion . OP 19 fentrothion OP 20 fenvalerate PYR 21 Fipronil Phenylpyrazole 22 Flurncthrin rYR 23 imidacloprid 35% Sc + neonicotinoid tcbuconazole 25% EW 24 Ivermectin Avermectin 25 lamdacyhalothrin PYR 26 m alathion OP 27 methornvl CARB 28 naphthalene 29 permethrin PYR 30 nhosmet OP 31 phosphine (Aluminium. Magnizium & Zinc Phosphide) 32 oirimiphos-mcthvl or 33 profenofos OP 34 nronoxur CARB 35 pyrethrins Natural Pyrethrin 36 temephos . OP 37 trichlrofon OP 6 B 'FimgiciOcs 38 I bef\Pl11VI. Benzimidazole. 39 buoirlmate Pvrimidinol 40 cantan Phthalimide 41 carbendazim - - J3eniimidazole -~- . - 42 chlorothalonil Chloronitrile 43 cooper oxychloride Inorganic 44 dodemomh Mornholine 45 imazalil Imidazole 46 inrodione Dicarboximide 47 mancozeb Dithiocarbamate 48 metalaxvl Phenvlamide: acvlalanine 49 oxycarboxin Oxathiin 50 nroniconazole DMI: Triazole 51 ovrazoohos Phosohorothiolate 52 sulfur Inorganic 53 thiabendazole Benzimidazole 54 thiram Dimethvldithiocarbamate 55 triadimefon DMI: Triazole C Herbicides 56 atrazine 1,3,5-triazine 57 2,4 D Arvloxvalkanoic acid 58 clodinafon-orooanzyl Aryloxyphenoxypropionate 59 fenoxaprop-Pvethyl Arvloxvnhenoxvorooionate 60 fluazifoc-o-butvl Aryloxyphenoxypropionate 61 IZlypho~ate Glvcine derivative 62 mefenpyr-diethyl 63 naraauat dichloride Bipvridvlium 64 Inendimethalin Dinitroanihnc D Rodenticidcs 65 bromethalin 66 chloralose 67 chlorcohacinone Indandion anticoagulant 68 difenacoum( Cumarin anti Hydroxycoumarin Coagulant) 69 flocoumafen Coumarinanticoagulant E Ncmatocidcs 70 ethonronhos OP 71 fenamTohos or 72 nhorate OP 7 .t Aearleldes 73 abamectin Avermectin (Biopesticide) 74 acrinathrin PYR 75 fenbutatin oxide 76 tetradifon G Adjuvant 77 white oil H Preservatives and Disinfectant 78 agral90 79 alumnium sulphate 80 -salcium hypochloriq~ - - -- - I Hormones 81 I EndoJ acetic acid Under Restricted use J. DDT restricted for controlling malaria -carrying mosquitoes for indoor residual only. 2. Endosulfan restricted for cotton use only. 3. Methyl bromide to be used as fumigant until safe and effective alternative is found. N.B- Combinationof two or more compatible fungicides from the above list are acceptable Key or- Organophosphorus oc- Organochlorine CARB-Carbamate PRY- Pyretbroid 8