Gujarat High Court Order Stay on Formulations

India

India’s Gujarat High Court issued the following order stay against the import of formulations without registering the technical-grade pesticides:

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As per Insecticides Act 1968, the Registration Committee constituted under the Act were issuing Registrations for Pesticide Formulations subject to registration of Technical Grade Pesticide.

However, approximately after the year 2003 under the influence from certain interested sections, the Registration Committee of Central Insecticides Board approved new Guidelines for “Import of Formulations without Registering its Technical Grade Pesticides”. This has paved way for import of ready made formulations from various countries wherein multi-nationals benefited and such registrations created monopoly of the product registered. Such registrations issued against Insecticides Act permits importer of formulation to use Technical Grade material for manufacturing the said Formulation from anywhere in the world without knowing the quality and the impurities in the Technical Grade material and use of such formulation is great risk for Farmers, Indian soil and will have bad impact on the environment in the country. Such registrations has also adversely affected the interests of Indian Pesticide Industries.

Keeping in view of such dangers for the Farmers and Environment as also considering the interest of Indian Agrochemical Industries, Pesticides Manufacturers & Formulators Association of India (PMFAI) filed a Petition in the High Court of Ahmedabad, Gujarat against the above Guidelines and the Hon’ble High Court has passed an Order on 11th July 2013 wherein Ad Interim relief is granted till final disposal of the matter, restraining the regulatory authorities (CIB&RC) from registering Formulations of Insecticides without simultaneously registering Technical Grade Insecticides from the date on which said Formulation stands registered.

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