Regulations: Agricultural Remedies, 2024

The New Act 36 of 1947 in South Africa: Regulations Relating to Agricultural Remedies, 2024

The new Act 36 of 1947, referred to as the Regulations Relating to Agricultural Remedies, 2024, amends the Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 in South Africa. It primarily focuses on the registration, labeling, import, manufacture, advertising, sale, and disposal of agricultural remedies, aiming to protect human health and the environment.

Key Changes:

  • Registration Process: The regulations outline the process for registering new agricultural remedies, including detailed requirements for application submissions. These requirements emphasize scientific data demonstrating the product’s safety, quality, and efficacy, along with its environmental impact and residue levels in food crops.
  • Labeling and Packaging: The regulations mandate comprehensive labeling requirements aligned with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Labels must include hazard statements, pictograms, signal words, precautionary statements, first aid instructions, and details of active ingredients and their concentrations.
  • Importation: Importing agricultural remedies requires a valid registration certificate and compliance with South African regulations. The Registrar may grant import permits for specific purposes, such as research or export, under certain conditions.
  • Substances of Concern and Restricted Use: The act introduces the classification of “substances of concern” and “restricted agricultural remedies,” which are subject to stricter regulations due to their potential impact on human health and the environment. This classification includes substances with carcinogenic, mutagenic, or reproductive toxicity, substances banned by international conventions, and formulations with high toxicity.
  • Emergency Registration: The Registrar can grant emergency registrations for up to 24 months for essential agricultural remedies in exceptional circumstances, where no other viable options exist.
  • Enforcement and Penalties: Contravening the regulations can result in fines, imprisonment, or both, as stipulated in Section 18 of the Act.

Implementation Timeline:

The new regulations have a phased implementation schedule, with some provisions coming into effect immediately upon publication, while others have implementation dates ranging from 6 to 24 months after publication.

Overall Impact:

These amendments aim to modernize the regulatory framework for agricultural remedies in South Africa, strengthening the protection of human health and the environment. They introduce a risk-based approach, focusing on the safe and responsible use of agricultural remedies throughout their lifecycle.

Definition of a “Restricted Agricultural Remedy”

The Regulations Relating to Agricultural Remedies, 2024, which amend the Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947), define a “restricted agricultural remedy” as:

“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; In essence, a restricted agricultural remedy is one that:

  • Poses potential risks to human health or the environment, as determined by the Registrar.
  • Requires specific information on its label outlining essential conditions for its use. This additional information might include restrictions on:
    • Display: Where and how the product can be displayed in retail settings.
    • Distribution: Who can sell the product and to whom it can be sold.
    • Limitations on use: Specific instructions on how, when, and where the product can be used.
    • Qualifications of persons who may use the remedy: The level of training or certification required to purchase and use the product.
  • Must meet the criteria outlined in Annexure A of the regulations.

Annexure A details the criteria for classifying an agricultural remedy as “restricted.” These criteria encompass:

  • WHO Classification: Formulations meeting the criteria of classes Ia or Ib of the WHO Recommended Classification of Pesticides by Hazard.
  • Acute Toxicity: Formulations meeting the criteria of acute toxicity categories 1 or 2 of the GHS.
  • Rotterdam Convention Listing: Active ingredients and formulations listed by the Rotterdam Convention in its Annex III.
  • Severe or Irreversible Adverse Effects: Active ingredients and formulations demonstrating a high incidence of severe or irreversible adverse effects on human health or the environment.

These criteria indicate that “restricted agricultural remedies” are those with higher levels of toxicity, potential for causing harm, and/or inclusion in international conventions controlling hazardous substances. The Act aims to mitigate these risks by imposing stricter labeling requirements and potentially limiting access to these products to qualified individuals.

Requirements for Submitting an Appeal to the Minister

According to the sources, an appeal against a decision made by the Registrar can be submitted to the Minister. The following requirements must be met for the appeal submission:

  • Timeframe: The appeal must be submitted within 60 days from the date the appellant received the reasons for the Registrar’s decision.
  • Format and Content:
    • The appeal should be in the form of a written affidavit.
    • It must clearly state the reference number and date of the documents that notified the appellant of the Registrar’s decision.
    • The grounds for the appeal must be explicitly stated.
    • All relevant documents pertaining to the appeal’s subject should be included with the submission.
  • Fee: Proof of payment for the prescribed appeal fee must accompany the appeal documents.
  • Representation: If someone other than the affected person submits the appeal, they must provide a statement disclosing their interest in the decision.
  • Submission Address:
    • Appeals sent by post should be addressed to: The Director-General, Department of Agriculture, Land Reform and Rural Development, Private Bag X250, Pretoria, 0001.
    • Hand-delivered appeals should be delivered to: The Director-General, Department of Agriculture, Land Reform and Rural Development, Agriculture Building, 20 Steve Biko Road, Agriculture Place, Arcadia, Pretoria.

Consequences of Non-Compliance:

The sources also state that anyone who contravenes or fails to comply with the provisions of these regulations will be guilty of an offense. The penalty for such an offense may include a fine, imprisonment, or both, as outlined in Section 18 of the Act. However, the specific content of Section 18 is not provided within the sources.