Letter to potato grower associations

The office of the Registrar (Act No. 36 of 1947) has started requesting registration holders to amend their labels that are currently under evaluation for agricultural remedies that are deemed “restricted” according to the definition provided in the “Regulations relating to agricultural remedies” of 25 August 2023. These labels will be amended to include a restriction statement on the front panel of the label, limiting the sales and use of these remedies to registered pest control operators.

Background

According to the “Regulations relating to agricultural remedies” of 25 August 2023, , a “restricted agricultural remedy’’ means an agricultural remedy for which the Registrar, out of concern for its human health or environmental risks, has set out additional information to be shown on the label concerning essential conditions in respect of the display, distribution or limitations on use of, or qualifications of persons who may use the agricultural remedy, and such remedy shall comply with the criteria as set out in Annexure A.

According to Annexure A, agricultural remedy formulations fulfil the restricted agricultural remedy criteria when such agricultural remedy has one or more of the following characteristics—

(i) Criterion 1: Agricultural remedy formulations that meet the criteria of classes Ia or Ib of the WHO Recommended Classification of Pesticides by Hazard or;

(ii) Criterion 2: Agricultural remedy formulations that meet the criteria of acute toxicity categories 1 or 2 of the GHS;

(iii) Criterion 3: Agricultural remedy active ingredients and formulations listed by the Rotterdam Convention in its Annex III; and

(iv) Criterion 4: Agricultural remedy active ingredients and formulations that have shown a high incidence of severe or irreversible adverse effects on human health or the environment.

The agricultural remedies classified under Criterion 1 are restricted due to acute toxicity and were previously red band products. Similarly, agricultural remedies classified under Criterion 2 are restricted due to acute toxicity but may include additional remedies in comparison to criterion 1 as the GHS considers additional routes of exposure, as well as the toxicity of co-formulants, not considered by the WHO classification scheme. The agricultural remedies restricted under Criterion 3 are listed in Annex III of the Rotterdam Convention and are chemicals that have been banned or severely restricted due to health or environmental concerns. These chemicals are subject to the Prior Informed Consent (PIC) procedure, which encourages shared responsibility and international cooperation in the management and trade of hazardous chemicals. Furthermore, Criterion 4 allows the Registrar to include any additional remedies not falling within the definitions of criteria 1 to 3 posing unmanageable risks to human health or the environment. For example, methomyl is included due to frequent wildlife poisonings, paraquat due to its use in suicides and dichlorvos due to illegal sales resulting in accidental poisonings and death.
Additional remedies that fall within criterion 4 includes formulations of terbufos and methamidophos.

According to the “Pest Control Operator Regulations” of 18 February 2011, employees who perform pest control for their employer on the employer’s property generally do not need to be registered as pest control operators (PCOs), however employees who handle restricted
agricultural remedies must be registered as pest control operators or perform such duties under the direct supervision of a registered pest control operator. This means that a registered PCO must be physically present at the time and place where restricted agricultural remedies are applied.

Below is an example of a restriction notice on a restricted agricultural remedy label:

RESTRICTED USE AGRICULTURAL REMEDY
THIS REMEDY IS RESTRICTED DUE TO ACUTE TOXICITY. THIS REMEDY MAY ONLY BE
SOLD TO AND USED BY A REGISTERED PEST CONTROL OPERATOR, OR BY SOMEONE
UNDER THE SUPERVISION OF A REGISTERED PEST CONTROL OPERATOR, AND ONLY FOR
THOSE USES COVERED BY THE PEST CONTROL OPERATOR’S SCOPE OF REGISTRATION,
AND ONLY AS DIRECTED ON THIS LABEL.

All restricted agricultural remedy labels must contain a similar restriction statement (with some minor variations depending on the reasoning for the restriction) at the top of the front panel of the label.

The label notice highlights that restricted agricultural remedies may only be sold to and used by a registered pest control operator or by someone under the supervision of a registered pest control operator, and only for those uses covered by the pest control operators’ scope of
registration. As a result, a farmer may no longer use restricted agricultural remedies on their farm unless a qualified pest control operator is physically present to ensure safe and compliant application.

Sales of restricted agricultural remedies

Please note that in addition to the restriction on use of restricted agricultural remedies, sales of these remedies will also be limited. The PCO registration requirement in terms of sales apply to the end-user of the product (farmer/ farmworker) only. If a supplier sells a remedy to a distributor/agent who sells the remedy to the end-user, the distributor/agent does not need to be registered as a PCO, only the end-user. Distributors/agents must however ensure that the person they are selling restricted remedies to is registered as a PCO within the applicable field of certification related to the remedy being sold.

In accordance with the “Regulations under the hazardous substances act 15 of 1973”, various measures are already in place for the handling and trading of Group I hazardous substances. Pesticides classified as Group IA hazardous substances include aluminum and zinc phosphide,
and those classified as Group IB hazardous substances include all chemicals falling within Class 6.1 (toxic substances) according to the UN Recommendation on the Transport of Dangerous Goods Model Regulations (please refer to section 14 – Transport Information – of the Safety Data Sheet of the chemical). Most “restricted agricultural remedies” as defined in the “Regulations relating to agricultural remedies” are acutely toxic and will thus also be regulated under the “Hazardous Substances Act 15 of 1973”. Therefore, in addition to the requirements already stipulated in the Hazardous Substances Act for Group I hazardous substances, the following will be applicable to “restricted agricultural remedies”:

• A “restricted agricultural remedy” may only be sold to a registered pest control operator qualified in the specific field of application. Thus, a sale of a restricted remedy may only be made to a person, who upon purchase, provide proof that they are sufficiently qualified and registered to administer the remedy.
• On initial purchase, the registered pest control operator must provide to the supplier/distributor of the remedy a certified copy of their PCO registration certificate which will be kept on file by the supplier/distributor.
• If the person responsible for sales on a farm is not the person who is registered as a PCO and applying agricultural remedies in the field, it is possible for a designated person who is not registered as a PCO to purchase a restricted agricultural remedy on behalf of a registered PCO. In this case, upon first purchase, the registered PCO will accompany the representative responsible for sales to the supplier/distributor in order for the supplier/distributor to get acquainted with the PCO and sales representative. Along with a certified copy of the PCO registration certificate, the PCO will provide a signed letter to the supplier/distributor giving consent to the sales representative to purchase the restricted remedy on their behalf. These documents will be kept on file by the supplier/distributor.

Registration as a pest control operator

Pest Control Operators are regulated under Act No. 36 of 1947 and applicants must apply to the Department of Agriculture, Land Reform and Rural Development (DALRRD) to become registered. Pest control operators are certified in a specialized area of pest control. Each field necessitates specialized training and certification to guarantee that the pest control operator has the essential knowledge and abilities to safely and successfully use the relevant remedies. As a result, a fumigation-certified pest control operator cannot administer structural agricultural remedies unless they obtain the additional structural agricultural remedy certification. The following fields of registration are available:

1. Fumigation
2. Aerial application
3. Agriculture and forestry
4. Industrial vegetation and noxious weeds
5. Landscape
6. Supplemental and/ or remedial wood treatment
7. Structural
8. Any other relevant specialization.

To register employees as pest control operators, applications must contain all the relevant information and documentation as stipulated by the Registrar (Act No. 36 of 1947) and be submitted to the Department of Agriculture, Land Reform and Rural Development (DALRRD) for
evaluation. Accompanying this letter is the documentation circulated by DALRRD that describes the process of registration of a PCO. Below are some of the key requirements:

• A person must do a course to obtain a national certificate in pest control from a relevant academy.
• The person must obtain practical experience under a registered PCO for 6 to 12 months, depending on the relevant field of qualification.
• A person with a diploma or degree in a biological field such as entomology, pathology, crop protection, weed science, or any relevant qualification may be exempted from the requirement of practical experience depending on prior experience.
• The person should undergo a medical examination and must submit the template report completed by a qualified medical practitioner with their application.

Following the approval of the pest control application, the certificate will be valid for a period of three years. To retain the certificate, the PCO must submit a renewal application before the validity term expires. It is essential that PCOs provide evidence that they are competent and actively working in the field in which they have obtained the certificate.

Conclusion

The following documents are circulated with this communication:

• An example of a PCO registration certificate that must be presented during the purchase of a restricted agricultural remedy. The registration certificate must be cross-checked with the identification of the person purchasing the remedy.
• Documentation from DALRRD explaining the process of registration as a PCO under Act No. 36 of 1947.
• Additional notes, as composed by CropLife SA, regarding PCO registration.

Please note that CropLife SA has been engaging with the Registrar’s office on this matter for several months in which different restriction proposals, a phase-in period and possible routes of fast-tracking registrations of PCOs were investigated to allow farmworkers already applying these remedies to become compliant. Unfortunately, no compromise could be reached in terms of the timeframe of implementation or the fast-tracking of registrations. Therefore, please treat the registration of persons administering these remedies as a matter of urgency to ensure farmers and other clients do not lose access to essential remedies in the interim.

Although CropLife SA intend to inform all interested and affected parties of this new requirement, we urge grower associations to ensure this information is disseminated to all those handling and selling agricultural remedies. Selling a restricted agricultural remedy to a person who is not certified or qualified to use such remedy will constitute a criminal offence and could lead to prosecution and the cancellation of registrations. Compliance is mandatory and essential to ensure the ongoing availability of these products to farmers.

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The information provided below relates to the accompanying document regarding the “Registration of a pest control operator”, dated 1 April 2022

Although the document regarding the registration of pest control operators under Act 36 of 1947 from the Department of Agriculture, Land Reform and Rural Development (DALRRD; incorrectly labelled as the “Department of Agriculture, Forestry and Fisheries”) from April 2022 is outdated, it is the latest version. Consequently, please take note of the following updates:

• The current application fee for the registration of a pest control operator is R 2 986.00 (applicable until 31 March 2025).
• Although only a few institutes with applicable courses for PCO accreditation is listed, additional institutes are available that are not listed on the form. Information on these institutes and courses can be obtained from DALRRD or the South African Pest Control Association (SAPCA). Updated information is provided below:

o The email address ipmc@vodamail.co.za of the Pest Management Academy is no longer active. Emails to ipmc@mweb.co.za are diverted to enquiries@pma.training or registration@pma.training

o The Agricultural and Veterinary Chemicals Association of South Africa (AVCASA) course for Aerial Crop Sprayers was transferred to Gerrit van Vuuren and is now called the SA Agriculture Aerial Application Course. The course is presented partly online, partly in-person, and presented at an ad hoc basis, depending on demand. Please contact Gerrit for more information:

Contact person: Gerrit van Vuuren

Contact number: 083 326 9272

Email address: agair.gvv@gmail.com

o The following persons are responsible for pest control operator registrations at DALRRD and can be contacted for further information on registrations:

Contact person: Mr. Robert Tshwane

Contact number: (012) 319 6970

Email address: RobertT@dalrrd.gov.za

Contact person: Mr. Rupert Hefer

Contact number: (012) 319 7187

Email address: RupertH@dalrrd.gov.za

o Applicants may also contact SAPCA for more information and assistance with PCO applications. Both SAPCA members and non-members are able to get assistance, however non-members will need to pay a handling fee:

Contact person: Hilda Swart

Contact number: 012 654 8038

Email: hilda@sapca.org.za or info@sapca.org.za

Website: www.sapca.org.za

The CropLife SA Team is also available for any queries.

PCO Sample Certificate:

Pest Control Application Form: