Fertiliser and Pesticide Authority (FPA) Rules and Regulations governing the Importation, Manufacture, Formulation, Repacking, Distribution, Delivery, Sale, Storage and Use of Pesticides

Republic of the Phili~pines FERTILIZER AND PESTICIDE AUTHORITY 6th'Floor, Raha Sulayman Building EenaVidez Street, Makati, M~tro Manila ~ERTILIZER AND PESTICIDE AUTHORITY RULES AND REGULATIONS, NO .. 1, SERIES 197.7 PURSUANT TO PRESIDENTIAL DECREE NO. 1144 PROMULGATED ON 30 MAY 1977~ THE FERTILIZER AND PESTICIDE AUTHORITY HEREBY PROMULGATES AND ADOPTS THE FOLLOWING RULES AND REGULATIONS TO GOVERN THE IMPORTATION, MANUFACTURE~ FORMULATION, REPACKING, DISTRIBUTIONs SALE~ STORAGE, AND USE OF PESTICIDES AND OTHER AGRICULTURAL CHEMICALS IN THE INTEREST OF IMPROVING AGRICULTURAL PRODUCTION, PROTECTING PUBLIC HEALTH AND ENHANCING ENVIRONMENTAL QUALITY~ f.PA RULES 0.~J2. REGULATION$, §OVERNJNG THE IMPORTATION, MANUFACTURE, EORMULATION, REPACKING, DIS,,T13. IBUTION, DELIVERY, SALE, STORAGE AND µs r; OF PESTICIDES. ARTICLE. I SECTION 1.. Registration and licensing as provided hereinafter shall be required as conditions precedent to the importation~ manufacture, formulation, repacking, distribution, delivery, sale, transport, storage a~d use of any pesticide and other agricultural chemicals. SECTION 2.. Except as may otherwise be indica.ted, the terms hereinbelow shall be understood to mean as follows: (a) 11 SecretaryH means the Secretary o1 Agriculture; (b) 11 Authority'' means the Fertilizer and Pesticide Authority (FPA) created under Presidential Decree No* 1144. (c) "Active ingredieot' 1 means a substance which gives a formulated product its pesticidal properties. (d) 11 Adjuvant" or "Surfactants" means any adhesive deposit builder, emulsifying agent~ spreading agent, synergist or wetting agent intended fer use as in aid to the application and/or effect of a pesticide .. if; (e) "Adulterated pesticide'' shall apply t,o any pesticide ( 1) The strength or purity of which falls below the professed standards·o~ quality as expressed on the label under which it is sold; FPA Rules and Regulat.1or1E Page 2 (2) If the active L ient(s) and uvant(s) have been substituted and/or abstracted wholly or in part for the rtic e. ( f) 0 Antidote'1 mean~.; tht0 rr;;:1:st practic2~1 i.mms:dL'V,tt? ti-'"<..:atc~.::;-;:::. in case of poisoning and includes first aid treat~ont. ( 1) 11 CtS,rtific:d Applit:c:d:cH"'H fiH:?Zd1S any individual Nho is certified as authorized to use or s~p~rvise the use ct any pesticide which is classified ?01 restricted use~ ( 2) '* Commen:i.:id 1 i ca tc:n~" me2nc, ciny f:H;n-'.Son 'Nho enters into a contract or an agreement for the ( 3) sake of payment 3nd agr00s to p~rforM D service i"iny cic;s, '-"' sc:•r\licing any device ~ut shnll include a forreGr trading work with anoth0r. 11 Private P~pplict.li:or·" meD.ns., e:~ c0:1"'t:Vfit?d who uses or superv ses the use of ~ny which is classified for rastricted purposes of ing ~ny cul~ur2l app 1 i Ci'.~ tor ci.de on O\i>1ns,d or rc-n \zia·d h irr< or his employer cw other than producer's property of (if applied without compensation tr· ad CJi' of person;;, 1 .;;,\Jf~ i c:u J. tur<-1 l servicos betw~en comm0Ji~ios) on ( c~) "Under the d:Lf"c?ct. ~T1upervisic:rn of L1 C:?i,..ti i'1 i.ed applicator 11 1shtdl mc1an a pes:;tic:ick! shall be considered to be applied under the direct supervision of a certified applicat~r if it i~ applied by <:1 t pef'~,c;a·; -- : ~- { r. 1 UfH'.ltr!"' the instructions and control of ~erllfied applicator~ VJhD i av;:i:iilablc: i·r D:;nd >it.-1"'"'<.:'.s::-<,, even though 1;;u;::i·\ cc•rtifi1:2d ap1:~l:i.c~Jtc;,;- ,.s' no\: physically at thb timo and pl~ce the pesticide is applied. (h) 11 D~maged ic:fcliJE~' shEdl apply to ;J;il'/ pc·::-t.tc!~clc;:i "":::ii.ch has been i:;ubjected to l:1ny fcictor t~mt h.'1f: i,ts rcg:'.-:..stcu--ed concentration er caused it to dscompose or dratoriorffit~ ~s ~o be ineffective or dangerous in st0rage er usa. (i) "Defoliant 11 mec~ns any substances intended f cr c~us the lG~\'JE~~s or ·roI.i .• ::.q:,? ''...:,;, from ~ plant, 1rn'.th or v4ithout t::~).u•:,; .r;:...bscE4 ~~~:;s.icr .. ~ ~ FPA Rules and Regulations Page 3 Li) 11 Dessicant ,, means any substarH:e or mixture substances intended tor artificially accelerating the drying of plant tissues. of up {k) u6ood agricultural pi"'B.Ctice" ffiEh::lMS the manner of use of a pesticide or pesticide formulations officially recommended by the FPA,, ( 1) "Inert ingredient~· mEhiiH'I$ any substc:trH:e which serves as a carrier or diluent for th~ activ2 material but in itself is not pestit:idal~ (m) 11 Ingredient statemer1t 1' means a statement of the name and percentage of each ingredient, together with tha total percentage cf the inert ingredients. If the pesticide contains any arsenic in any form, the statement shall include the percentage of total and water soluble arsenic, each calculated as elemental arsenic. (n) t1tmminent hazardH means a situation which exists when the continued use of pesticide will likely result in unreasonable adverse effects on the public and/or the environment or will involve unreasonable hazards to the survival of a species tieclar"ed endangered by the appopr1ate ~uthorities .. {o) "Immediate containeril refers to the container or package which is immediatel) after er nearest the pesticide but does not include the package liner~ {p) "Label 1r means a displa.y of the written printed or graphic matter upon the immediate container of any pesticide and requirement made by or under authority cf this Decree that any word~ statement, or other information appearing on the label shall not be considered to be comµli~d with~ unless such word, statement or other information also appears on the outside container er wrapper~ if any ·there be) of the retail package of such article, or is easily legible through the outside container or wrapper. ( Q) 11 License*' mea s the person to whom a 1 i cense to iff'ncn-t., manufacture, formulate, repac*'' di5tribute~ deliver, sell·, transport, store or apply any pesticide has been issued pursuant to these rules .. {r) "Misbranded pesticide" shall apply to any pesticide if: Cll Its label bears any statement, design or graphic reµresentation relative thereto, or to its ingredients, which is false and misleading. I I FPA Rules and Regulations Page 4 (2) The label fails to clearly and plainly show: ( 3) a .. the name and address of the registrant, person or license whose name shall appaar on the label~ b. the name, and or trade mark under which said article is registered and sold~ and c. the net ~ontent Its labelling is an imitation pesticide that is already registered sale is authorized~ of another and t...ihose (4) Its label bears any reference to registration under these rules, when not so reoistered~ ( 5) (6) (7) (9) (10) The label accompany it doms not contain any directions or indications for use which ·are necessar~ for effective results of which, if complied with, are inadequate for the protection of the public~ Th~ label does not contain a warnin~ o~ precautionary statement as required under Article V, Sec. l(g) of these rules to protect injury to hum~n and other vrirtibrate animals, veget~ticm and useful invertibrate animals. The label does not bear an ingredient statement on the immediate container and on the out~ide container or wrapper as the case may be. Any word, statement, or ether information required by or under the authority ~f these rules to appear on the·label er labelling is not placed thereon with such prcminenca a~ will render it unlikely to and understood by any person~ In the case of an insecticide, nematicide, fungicide, bactericide or herbicide when used as directed it shall be injurious to man or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide~ In the t:ase of ~?. plant grcn•ith regulator us:H?d as pesticide, defoliant or desiccant, when used as directed, it 11 be injurious to living man or other vertebrate animals or vegetation to which FPA Au.lem and RegultJAtiC>Vi\'$ Page 5 ~~~~~~~~~~~~~~~~~~~~~~~~ it i~ ~pplied, or to th~ per5on applying '5YC:h p~~ticiehru PrQviSl!'J, that phy5ical or phyeiologic:al effects; on plants or parts thuu··~of shall not b$} deemmi!d to b@ injµrious wMn thi~ in the purpose for which the pl'ant growth r~;ulator', dt!'fol i~nt or desicci\ t was appl'i", in ~u:cord&ncct with th«& label , c: 1 aim$ 4lnd r•t:omm~ndau:tion1'§. (s) 0 0ther i\Qricul turetl c:h~mic~l!;'' mean ch11Mi<:&lhi; chemical input.ss, .and ~ht!micJal eomf:H:lUt'H.:is not h«tr··ewith cov~red by the dei ini tien of· "f~rti Ut~r ~nd p~sticid~ but u.ti l iu1d by ·the ~gricultural sectortt (t l 0 Pernon" rm.uu1$ any i.ndividtu~l, ~Qmnc:y • pcartnttr~hip, ~aoptatr~tive, associ.t\tion, cH"' c:orpor~tion. (U) upee;t 0 t1~Hmti eAny ins~c:t, Y..Odent, bir"dt fi~ht\ mo11utSkp f'f!UtOde9, b&\C:ttarium, fungus:,., W~;:?cl mit:f"'OOr'gani~m, Vif"'Uti ~nd/or .,-thf!'r kind of plant or ~nim£.tl 1 i fe ivhich, by it• premt!nce in, on or near a ~trt.u:ture mQy 'injur~ or damage $.UC:h tltructure or ~ t.he ccmtents thereof, or m1lY l1rH'10Y OF'' ende ger th~ heal th 11nd 11~f~ty of oc:c:upant~ of atl\id $tt"'uetur~ > or ~shich, by i b& pr1iu'.~tJnC{! tn, or n~~r • plant or animal may endanQar~ d•m&g~ or d~stroy said plant •or animal. (v) "Pe~ticidmu metlns any t!·ubr;b.mce or product, or mi)(ture ther~of • including ~c:tive .tngi ... ~cii<1nt!S adJt.wentG ~nd p~mt.icido formulat1orua, in~endewd ·,to c:ontrol,, prev(!)nt, de!itroy. rmptd or mitigate, directly or indir6?ctly, & y pttnat~ The term fJh~H bo t.u··u::h::.trstaod ta ineludt! insfJYcti.c:idf!, 'ft..u'\~ic1de 9 b•c:tericid~. nmm~tccidtw, herbit:id~, mollu~cicidet crtVit:idtt, rbdenticid~e pl~nt. r~Qul~tor, defoliant, damiccant, and thm Jik~. (W) 0 Ptt1!GtiCid~ formuJ~tion° m~afUS any ~miMed or" UlilTfiXf!d prodUCt. intended to b~ u$ed fcir control ling, de~troying or t"epet U.n; any p~wt or for r::n""~v~nting it~ growth O!" m!tia~ting it~ efftnct~. (~) 0Pl~nt r~guliltor" m$'.?.zlrtS> any ~Ub'$:t~nc• er mi~tur~ o1 ~ub~t.~ncDe · intmnd~d, t.~'"H"'t:mgh prry§iologit:i!il · ~ction, for accelerating, or for oth~rvJ:iste a;. t~ring th~ behaiivior of crnam"tr!lnt~l or crop pl~nt~ or th~ prtn:h.;u:~ th~r~of • but excluding ~ub~it.~ru.:~~ int~nd~d a• pl~nt m .. rtr ient1:~, beotttf ic:i;al trace ,-~lft!Glstnt~,1 nutritional chemic::ah>, pl~nt inocul~nt'I,@ ~nd soil ~m~dm~!'t.m. (y) "Provisional pt.&H .. mit 11 mr;$ians a rn..tmb~red ~rn'iit i~su~d td aUOtt$ mark®ting ·for Ufmf!t of ta. p18stic:ide on~ limit.~d biti~~s and under stipulated t:ondi tion$>l including 5af·ety ~nd hft;~lth pr~c~ution$ during di~tribution ~nd·u~~i ~~ regard& p~riad~ o~ u~, Qathoths 01-: appl ic~tion 1:;;;w- othtrH .. wi·i·H~, for th~ pt..U"'Pt?tla of abt<hining if'lformett.ion ni$}qzd~d berfor~i granting ea r<llg:.histf"'~tiQn·. I ' \ FPA Rules and Regulations Page 6 (Z) "Registrant' m&ans the person who has registered any pesticide in accordance with the provisions of these rules. ARTICLE 11 SECTION 1,, No pesticide shall be imported, exported, manufactured, formulated, repacked, distributed, delivered; sold or offered for sale, transported, delivered for transportation, or used unless it has been duly registered with the Authority or covered by a numbered provisional permit issued by the Authority for use in accordance with the conditions stipulated in the permit. Separate registration shall be required for each brand and formulation of pesticides. SECTION 2,. Any pers,on may file ~n application for registration of a pesticide, wh'.ich must be in, the prescribed form, addressed to the Authori and under oath, containing complete and detailed information required, which shall include: (a) The proposed trade name of the pesticide and ether agricul~ural chemicals. (b) A statement of the composition, including all ingredients; and the chemical identities cf its active ingredients, including their stability in storage. (c) Adequate toxicological data Ci#•·~ oral, dermal and inhalation} concerning the active ingredients. ( d) Instnu::tions for use 1 prec:!l\u tion •. =rry matters, first aid, claims and other statements, which are proposed for the labelling~ (e) Reports of official or other accredited experimental stations on biologi~al tests concerning the efficiency and safety of th~ pesticide, particularly under Philippine conditions. Cf) M~thods of analysis of the formulated compound. (g) Methods for determination of its residues; and Ch) Such samples o~ information relative to the efficiency or safety of the pesticide as may be required by the Authority~ FPA Rules and Regulations Page 7 SECTION 3., The contents cf r.tn application as t..iel 1 as informa~ion disclosed in the course of its e~amination and process1ng, shall be~treated as confidential matters, and shall not be revealed publicly or to any person unless authorized b· the applicant in writing. Y SECTION 4,. The Authority shal 1, after such notice find hearing as may be deemed necessary by the Authority or requested by applicant, cause the registration cf the pestici •a subject of the application and the issuance to the applicant of a certificate thereof, if it is adequately shewn that: (a) Adequate tests by all methods reasonabl) applicable have shown that such pesticide is ef fectivn e..no safe for use under the conditions prescribed, ·~commended, or suggested in the proposed label thereof; and (b) The methods, facilities and controls used i~ and for the manufacture, . processing, packing· and s~orage of such pesticide are ~dequate to preserve its i~antity. strength, quality and purity. The certificate of registration shall be conspicuously ~!splayed in the place of business of the registrant~ SECTION B,, Ca) If the Administrator determines that some of the uses for which the pesticide is registered should be for general use and that other uses fer which it is registered should be far restricted u~es, he shall classify it for both general use and restricted use. If some of the uses nf the pesticide are cla$lr.zified for general use and other uses are cl.::HEisified for restricted use. the d~rections rel~tlf•Y to its general uses shall be clear\) separated and disting~ished from those directions relating to its restricted uses~ Provided, however, that the Administrator may require that its packaging and labelling for restricted uses shall be clearly distinguishable from its packaging and labelling for general uses~ (b) 11 the Administrator determined that the pesticide when applied in accordance with its directions for use, warnings and cautions and for the uses fer which it is registered, or for one or more of such uses, or in accordance with a widespread and commonly recognized practice~ will not generally cause unreasonable adverse effects on the environment, he will classify the pesticideJ or the particular use or uses of the pesticide to which the determination applies for general use. FPA Rules and Regulations Page 8 ~~~~~~~~~~~~~~~~~~~~~~~~~ (c) If the Administrator determines that the pesticide, when applied in accordance with its directions for use, w~rnings and cautions and for the uses far which it is registered, er for one or more of swct • -Js~s, ::>r •s' ar.::cr::w·da.nc.e with a widespread and commonly recogniz~d practic.;e, may generally cause, ~''it:-.cn.~-: addi tionc:ll regulatory rwstric:tians 11 urH''E:h~scmable adverse e·ffects on the envi~onment, including injury to the applicator, he shall classify the pes~iciae, or the particular use or uses to which the determination applies, for restricted use; (1) If the Administrator classifies a pesticide, or one or more uses of such pesticide, for ~2s~-icted use because of a determination ·that the acute dermal or inhalation toxicity of the pesticide presents a hazard to the applicator or other persons, the pesticide shall be applied only by or under the direct supervision of a certif i2d applicator~ {2) If the Administrator classifies a pesti~i~a, or :::me t:ff more uses o·f such pesticide, for regis.,.,; .. :::C: use because of a determination that its use without additional regulatory restriction may cause unreasonable adverse effects on the environment 1 the pesticide shall be applied f~r any use to which the determination applies only by or under the direct supervision of a certified applicator~ or subject to such other restrictions as the Administrator may provide by regulation. SECTION 6. Each registration shall be in force period cf three (3) years, unless sooner revoked~ subjec~ to renewal for a simili:1r oeriod under the same conditions applicable to original registration. SECTION 7,, All pesticii;es -:: lready .: , the market on the date of 1ssu~nc0 Qf PD 1144 shall b~ issued provisional registration, Provided, that the required supporting data are submitted to the Authority within a period of one (1) year and ·at the expiration of which period they shall be withdrawn from the market unless they are registered in accordance with the 1rocedure herein prescribed: Provided, further that the Authority shall act on an application within six mon·::i-.'"'." """~"'""• r·eceipt thereof. FPA Rules and Regulations Page 9 ARTICLE II I SECTION 1 ~ No penscn sh.all eng~ge .in the business of importing, manufacturing, formulating, repacking distributing, storing er selling any pesticide,· except under a license issued by the Authority pursuant to these regulations~ A separate license shall be required for each establishment er place cf business. subject to these rules, to be conspicuously displayed therein. S£CT.TDN 2~ License far Commercial Applica.tor"5# Al 1 commerci:.1 applicators of ticides shall apply for a license, cm a on11 to be supplied by the Authority and shall obtain a com1-n.e: o• i. ¢.. ' app l i c:a tor's 1 i cense and be a:ssigned a 1 i cense number by the Authority before such person shall perform services as a commercial applicator~ Each commercial applicator shall obtain a license for each place of business maintained in the Philippines. Aerial commercial applicators shall register with the Civil Aeronautics Administration as well as the Authority. The Authority shall require proof of competence and responsibility before issuing a license~ Upon receipt of ·a properly executed application and payment of the required fees, the Authority shall issue a license permitting a person to mDke commercial applications of pesticides unless the Authority has reason to believe that such issuance will not be in the public interest., A person holding licenses as pest control operator or plant pest and disease control operator issued by the Bureau of Plant Industry before the promulgation of PD 1144 may be exempted from the above requirements and be permitted to engage in the trade after having duly presented an applicatibn to this e·ffec:t with the Authority~ SECTION 3.. An applicat.ion fo1"" a license, wi1ich must be under oath and addressed to the Authority shall b~ {:l2ri i~ · ~h• prescribed form, containing the complete and detailed information about the applicant requin;;,d the:·ein, which shall include, among others, the initial ca pi ta l investment o·f the applicant, the activity for which a license is sought, and the handling and storage facilities of the applicant# SECTION 4# The P1u:thority shall, after such notice and hearing as may be deemed necessary by the Authority or requested by applicator, cause the issuance of a license to the app~icant if it is adequately shewn that the activity to be licensed will ~~ c~nducted in a safe and suitable manner and location. FPA Rules and Regulations Page 10 ~~~~~~~~~~~~~~~~~~~~~~~~~ SECT JON 5.. Eech licerwwse shal 1 ~ unless sooner revoked, be shall be subject to three (3) months of applicable to the in force for a period of thr~e (3) years, and renewal fer a similar p~riod within the first the expiry year under the same conditions origin~l license. P1RlICLE IV Suspension and Registration Qr:. SECTION 1.. The Authority may suspend or r8voke the registration of any pesticide on any of the following grounds: Ca> Tests by new methods, or tests by methods not deemed necessarily applicable when such registration become effective, show that such pesticide is unsafe for use under the condition cf use upon which the ~~~1;-~~fn~ become fective. (b) After investi ion, the person is found guil cf violating any provision of these rules, without prejudice to appropriate criminal ing to be instituted by the Authority or the Secretary. Cc) After invest ion and heari~a, such pesticide when used as recommenw-J is found to be injurious, harmful, detrimental, hazardous to animal and plant life, public health and the anvircnment, or is an imfuinent hazard~ (d) The application for registration or its renewal ins any false st2+ 0~~~~ a material ·fact. SECTION 2. Any license granted under these rules may be su$pended or revoked an any of the fol lot<\l.ing grounds: (a) False statement applit:C\\tion or statement which license~ of in may material in any record, report, be required of the or the (b) Violation of, or failure tc observe any cf the terms and provisions of these rules or any reasonable regulation, requirement or order of the Authority or the FPA Rules and Regulations Page 11 ~~~~~~~~~~~~~~~~~~~~~~~~~ (c) Refusal to allow inspection by the Authority or the Secretary or their aothorized representatives, as prescribed in these rules. Cd) Commission of any of the acts prohibited by Section 1 and 2, Art{cle VIII of these rules. i'.ART ICLE \l and Advert;iS1ing Pro~uc:ts SECTION l,, Every containEw of pesticide offered for sale, distribution, storage and use shall bear a label printed, stencilled, marked, embossed or impressed en or attached tc it, which must, inter a 1 ia, include the fallowing: (a) A statement of the composition by percentage, including all ingredients and the chemical identity cf the active ingredient(s); (b) The registration or provisional permit number; (c) The name and address of the holder of the registration or provisional permit; Cd) The common name; (e) The net content in metric unit, cf thQ pesticide in the container; (f) Adequate directions concerning the manner in which the pesticide is to be used and the time of application; (g) Warning and caut1onary statements including · the symptoms of poisoning and suitable and adequate safety, health and first aid treatm=~~ ~?asures; ( h) A suitable apprcpricite substances; indication of hazard, pictorial warning for including the highly toxic: (i) Instructions concerning the decontamination and safe disposal of used containers; (j) Such label claims, it any, as havP been accepted by the Authority; FPA Rules and Regulations Page 12 ~~~~~~~~~~~~~~~~~~~~~~~~~ (k) The let number and the year of formulation; and (l} Such further statements as may be prescribed by any other government instrumentality. SECTION 3,. No label shall be detached, altered, defaced, changed or destroyed, in whole er in part. in a manner that will defeat the purpose cf existing rules and regulations~ SECTION 4. No substance shall be added to or taken from any pesticide earlier labelled in accordance with the provisions c:t ~~ ..-ules,, unless properly registered .. SECTION 5 .. unlicensed person. any SECTION 6~ A Pesticide labelled in accordance with these rules which has so decomposed or deteriorated as to be ineffective or dangerous, or which packaged in containers which have $teriorated or have been damaged so as to be dangerous in •torage and use, shall not be offered for sale or distribution. SECTION 7.. Pesticides approved and registered tiy the Authority shall not be advertised in a ~anner that is false, misleading, and deceptive, and not justified by the conditions of their registration. SECTION 8. Any writtf2q~ printed or graphic material relatin~ to and accompanying a pesticide when held, transported, distributed, stored, sold or offered fer .sale, used in the country, or imported shall include the substance label $tatements prescribed in Section 1 of th s Article. In case of smallness of container or where there is insu-ff iciency of label space, the ace:urab~ state~ of the quantity of the content• in +-2rms of weight, meh:l~ or ~ric~l count shall appear on the accornpmnying carton or ot~r outer container or wrapper~ provided however, that the immediate container shall bear the name of the pesticide and identifying or control number SECTION 9,. The registration or provisional permit number shall appear on the label in the official script af the Authority and in characters the size of which shall be determined by the Authorityw FPA Rules and Regulations Page 13 ef-\fff l CLE VI Inspection of ~oaks ~ Records, ~.;. f:$eports Q.:f.. 1-icen p.e ~ ~ \; '§.tabl ishments SECTION 1. BOOKS & RECORDS, REPORTS a. Bocks & Records - The Administrator may prescribe regulations requiring any person or handler that manufactures, formulates, prepares, compounds, repack, or processes any pesticide or other agricultural chemicals to maintain books and records with respect to their operations and the pesticide produced as he determines necessary for the effective enforcement of the PD 1144. b- Reports Any person er handler, or any other SECTION INFORMATION person who sells or offers for sale, delivers or offers for delivery any pesticides er other agricultural chemicals subject to PD 1144 shall upon request of any officer or employee cf the Fertilizer and Pesticide Authority, duly designated by the Administrator, furnish reports on the fellowing: Quantity/volume, value of each pesticide or other agricultural exported, imported, manufactured, 1ormulated 9 repacked, stored, distributed, or locally sold; kind of chemicals produced, delivered, 2- In case of importation, all records showing the delivery and movement of pesticides or other agricultural chemicals including quantity, active ingredients content, letters of credit, invoices and all other documents relating to the importation of 'such products; 3~ Other pertinent data/information that ~ay be required by the Authority~ PROTECTiON OF TAADE SECRETS AND OTHER In General - In sub~itting data required by PD 1144, the applicant may (1) clearly mc.;:-~- Ariv portions thereof which in his opinion are 1 trade secrets er commercial or financial information and (2) submit such marked material separately from other materia 1 r~eq\Jired to be submitted under PD 1144~ FPA Rules and Regulations Page 14 ~~~~~~~-~~~~~~~~~-~~~~~~~ b. Disclosure - Notwithstanding any other prevision of PD 1144, the Administrator shall not make public, information which in his judgement contains or relates to trade secrets or commercial or financial information obtained from a person and priviledged or confidential except that~ when necessary to carry out the provision of PD 1144, information relating to formulas of products ~cquired by authorization of PD 1144 may be revealed to any government agency consulted ~nd may be revealed at a public hearing or in fingi~s of ~act issued by the Administrator~ c. Disputes If the Administrator proposes to release for inspection info•mation which the applicant er registrant believes to be protected from disclosure under subsection Cb>, he shall notify the applicant or registrant, in writing, by registered mail .. The Administrator shall net thereafter make available fer inspection such data until thirty (30) days after receipt of the notice by th~ applicant er registrant. During this period, the applicant or registrant may institute an action in an appropriate court for a declaratory Judgeme~t as to whether such information is subject to protection under subsect~on (b). SECTION 3 .. INSP~CTlON AND ESTABLISHMENTS a~ In General For purposes of enforcing the provisions of PD 1144 officers or employees duly designated by the Admini&tratcr·are authorized to enter at any time,- any establishment or other place where pesticides are held for distribution or sale for the purpose cf inspecting and obtaining samples of any pesticides packaged, labelled, and released for shipment, and sample5 of any containers or labell'ing for such pesticides .. Before undertaking such inspection. the officers or employees must present appropriate credentials to the owner, operator, or any agent in charge of the establishment, or other place where pesticides are held for distribution or sale. if the officer o~ 9mploye~ out.a±~ any samples, prior to leaving the premises, he shall give to the owner, operator, er agent in charged a receipt describing the samQles obtained and, if reQuested, porti.on of each 111.UCh sample. eQ.Ual in FPA Rules and Regulationa Page 15 ~~~~~~~~~~~~~~~~~~~~~~~~~ volume or weight to the portion retained. If an analysis is made of such sample•, a period of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge .. ARTICLE VII SECTION l. Under these rules, fees shall be charged according to the following payments: a~ For filing an application for the registration of a Pesticide, PlQ0.00. b- For f i 1 ing of i..'n application for a· 1 icense . to import, manufacture, formulate, repack, wholesale or retail pesticides, ~100.00. For each certificate of registration a pesticide, ~200.00 per active ingredient formulation and for renewal thereof, Pl00.00 active ingredient per formulation. of per per d. For license issued to import, manufacture, formulate, repack er whole~ale pesticides, or its remewal: SCHEDULE 1. Pl,000.00 yearly (Operating Capital over p 1 , 000' 000 .. 00--) SCHEDULE 2., P500.00 yearly (Operating Capital of more than ~500,000~00 but not over ~1,000,000.00) SCHEDULE 3. P300.00 yearly (Operating Capital of P500,000#00 and below). e. For Commercial Pest Control Operators and Certified Applicators, license fee of P300.00. f # For Commercial Aerial Applicators, a license fee of !:i1'500 .. 00. FPA Rules and Regulations Page 16 ~~~~~~~~~~~~~~~~~~~~~~~~~ SECTION ru~: ARTICLE V!I! Prohibited. ects and Penal ties. 1 .. The following acts are prohibited by these To import, distribute~ transport, pesticide; manufacture, formulates store, give, sell or offer for sale, deliver for transportation or use any 1.. Which h~s not been previously 'registered pursuant tc these rules or the registration of which has expi~ed or been suspended or revoked .. 2.. Which is adulterated or misbranded. 3. If any of the claim made f6r it 1 or if any Qf the directions fer its use~ differ in substance from the representation made in connection with its registration. 4. Which contains any substance or substances in quantities highly toxic to man or animals unless its label bears: (aa) Information required in Article II of these rules; (bb) Skull and crossboned; (cc) Th~ word 11 poison 1• pnnminently in bold letter on a background of distinctly contrasting color; (dd) A statement of an antidote for ·the pe:;;Ucide; and (ee) Instructions for safe disposal of the c:cmtai.ner .. 5~ Which has not been distinctly colored or discolored in the case cf arsenic compounds such as standard lead arsenate, basic lead arsenate, calcium arsenate, mag~asium arsenate, zinc arsenateJ sodium f louride, sodium f lousil icat-e and barium f lousi 1 ic.ate .. FPA Rules and Regulations Page 17 ~~~~~~~~~~~~~~~~~~~~~~~~~ b. To engage in the importation, exportation, manufacture, storage, formulation,. repacking, distribution and sale of pesticides without securing from the Authority a license thereof. c. To detach 1 alter, deface, de5troy, mutilate, obliterate, ehange er remove, in whole or in part, any label er labelling provided for in these rules, or to add any substance from, any pesticide er other if such act is done while such article is held for sale and results in such article being adulterated or misbranded@ To give a guarantee that the pesticide lawfully registered at the time of sale delivery, and that such products comply with the requirements of these rules, when they registered or when they have not complied such requirements. ' was and all are with e. To use for selfish advantage or to disclose, oth~r than to the Authority or the Secretary in resp~ct to official functions, or to the course in response to a subpoena, tc physicians, and in emergencies to pharmacists and other qualified persons for use in the preparation of antidote•, any information relative to formulae of products required in Article II of these rules. f. To forge, falsify, conterfeit, simulate, or falsely represent, or to use without authority any mark, stamp, tag~ label or other identifying device authorized er required by regulations promulgated under these rules. g. Tc use without authorization in advertising or sales promotion reference to any report or analysis made oursuant to Article II of these rules. h. To deliberately apply any pesticide in such a way as to endanger or damaga seriously the heal~~' welfare or property of any person or pollute or cause pollutio~ of public waters. i- To fraudulently weaken or adulterate a pesticide. To fraudul~ntly make use of or alter certificates of pesticide analysis. official I k. To make unauthorized disposition of pesticides held under custody pursuant to these rules. FPA Rules and Regulations Page 18 · ~~~~~~~~~~~~~~~~~~~~~~~~~ 1. Hoarding, profiteering or injurious manipulation with respect to supply~ distribution, and marketing of pesticide& m- Tc sell pesticide or other agricultural chemicals with active ingredient content or not weight which differ in a material way from that stated in the label. SECTION 2,. Whenever necessary in the ird:Efft::•st of public or environmental safety, the Authority may, after due hearing from time to time, issue circulars prohibiting the use er sale or delivery for actual use of certain pesticides, without authorization as may be required therein. SECTION 3,, Any person who violates any of the provisions of PD 1144 or any of the provisions of the rules and regulations issued or promulgated by FPA on pesticides shall be liable to a penal servitude of not in excess of one year or a fine of P5,000.00 but not more than P!0,000~00 grovided that if the violation is committed by a corporation, firm, partnership, cooperative, association or any other entity, the penalty shall ~e imposed upon the guilty officials or officers of such entities. SECTION 4.. Whenevt?r nec:e•ssi:u-y to prevent or control serious injury or damage tc plant or animal life, public health and the environment, any pesticide prohibited under these rules or in respect of which there is reasonable ground to believe a violation of Section 1 and Section 2 of this Article has been committed may be summarily impounded, removed, stopped from being sold or used, and seized by the Authority or the Secretary to await final proceedings and disposition~ ARTICLE IX Miscellaneou~ Erovisions B£CTJON 1. All licenses issued pursuant to these rules. including any right, title or interest in them, shall be strictly non-t~ansferable. S~CTION 2.. The Authority I' mtiy, in its discretion, issue a provisional certificate of registration or license pending final ~ction on an application for registration or license, to ,allow marketing or use of a pesticide en a limited basis and under ~tipulated conditions, includinq i::;e:,f·ety and heal th precautions during distribution and use, as regards oariod of use, methods of application or otherwise. FPA Rules and Regulations Page 19 SECTION 3. Any d1ang~ in 10\bel, claims or composition of a registered pesticide which is significant in point of health or effectivenes5 shall be subject to the prior approval of the Authority and require a new certificate of registration and the payment anew of corresponding fees~ These rules shall not apply to the following; a. Articles intended solely for export to any foreign country and prepared and packed according to the specifications or direction of the foreign purchaser certifies that fulfillment of order is net contrary to laws of the importing country and provided further that their manufacture, formulation and packaging are carried out in conformity with laws governing the prevention of accidents and the protection of health in the country. b. Articles in transit, provided that their label~i~g and packaging are subject to laws governing national and international transport. c. Articles produced or used solely fer experimental or research purposes. SECTION 5.. Every wholesaler of pesticides shall submit to the Authority within tha month cf January of each year, a complete list of their retail outlets, notifying the Authority promptly cf any changes therein during the year~ SECTION 6,. Other ag1'"icul b .. ural chemicals are subject to all applicable rules and regulations on pesticides. SECTION 7 * The Central Bank, E:h .. H"'eau of Customs, and other government agencies, subdivisions ~nd instrumentalities, national or local. having anything to de officially with the importation, manufacture, distribution, storage, sale and use of pesticides are hereby strictly enjoined, before passi~g upon matters coming within their cognizance respecting pesticides, to see to it that these rules have been observed and complied with~ The various Collectors of Customs shall notify the Authority of the arrival in the country of every shipment of pesticides. SECTION 8.. These nJ.lc;E, and regulations shall take affect thirty (30) days after publication in a local newspaqmr of national circulation. True Copy. /06'91