CHAPTER IV - GRANT OF LICENSES
In exercise of the powers conferred by section 36 of the Insecticides Act, 1968 (46 of 1968), the Central Government, after consultation with the Central Insecticides Board, hereby makes the following rules, namely :-
9. Licenses to manufacture insecticides
1. Application for the grant or renewal of a license to manufacture any insecticide shall be made in Form III or Form IV, as the case may be, to the licensing officer and shall be accompanied by a fee of rupees two thousand for every insecticide and a maximum of rupees twenty thousand for all insecticides for which the license is applied.
2. If an insecticide is proposed to be manufactured at more than one place, separate applications shall be made and separate licenses shall be issued in respect of every such place.
3. A license to manufacture insecticides shall be issued in Form V and shall be subject to the following conditions, namely:
i. The license and any certificate of renewal shall be kept on the approved premises and shall be produced for inspection at the request of an Insecticide Inspector appointed under the Act or any other officer or authority authorized by the licensing officer.
ii. Any change in the expert staff named in the license shall forthwith be reported to the licensing officer.
iii. If the licensee wants to undertake during the currency of the license to manufacture for sale of additional insecticides, he shall apply to the licensing officer for the necessary endorsement in the license on payment of the prescribed fee for every category of insecticides.
iv. An application for the renewal of a license shall be made as laid down in rule 11.
v. The licensee shall comply with the provisions of the Act and the rules made there under for the time being in force.
vi. The licensee shall obtain ISI Mark Certificate from Bureau of Indian Standard within three months of the commencement of the manufacture.
vii. No Insecticides shall be sold or distributed without ISI Mark Certification.
4. A licensing officer may, after giving reasonable opportunity of being heard, to the applicant, refuse to grant any license.
4A. No license to manufacture an insecticide shall be granted unless the licensing officer is satisfied that necessary plant and machinery, safety devices and first-aid facilities, etc., exist in the premises where the insecticide is proposed to be manufactured.
5. A fee of rupees one hundred shall be paid for a duplicate copy of a license issued under this rule, if the original is defaced, damaged or lost.
10. License for sale, etc., of insecticides
1. Applications for the grant or renewal of a license to sell, stock or exhibit for sale or distribute insecticides shall be made in Form VI or Form VII, as the case may be, to the licensing officer and shall be accompanied by the fees specified in sub-rule (2).
2. The fee payable under sub-rule (1) for grant or renewal of a license shall be rupees five hundred for every insecticide for which the license is applied subject to maximum rupees seven thousand five hundred. There shall be a separate fee for each place, if any insecticide is sold, stocked or exhibited for sale at more than one place:
PROVIDED that the maximum fee payable in respect of insecticides commonly used for household purposes and registered as such shall be rupees seven thousand five hundred for every place:
PROVIDED further that, if the place of sale is established in the rural areas, the fee shall be one fifth of the fee specified in this rule.
3. If any insecticide is proposed to be sold or stocked for sale at more than one place, separate applications shall be made and separate licenses shall be issued in respect of every such place [and for every insecticides.]
3A. Pest Control Operators—
i. Any person who desires to undertake pest control operations, with the use of Aluminum Phosphide, Methyl bromide. Ethylene dibromide or as notified shall apply for a license in Form VI-A with a fee of rupees one thousand for each place of operation. The license granted for such operations shall be valid for a period of five years provided that the license shall be renewed after verification or inspection at the expiry of this period on application in Form VI-B for a further period of five years with an application fee of rupees one thousand.
ii. A license to stock and use insecticides for pest control operators will be issued in Form VI-C.
iii. Any person who applies for grant of license for undertaking pest control operations should be at least a graduate in Agriculture or in Science with Chemistry as a subject with a certificate of minimum 15 days training from any of the following Institutions-Central Food Technological Research Institute, Mysore; Indian Grain Storage Institute, Hapur and National Plant Protection Training Institute, Hyderabad.
iv. For undertaking fumigation, the pest control operators shall have to obtain special permission from the Plant Protection Adviser to the Government of India in addition to obtaining license. The Plant Protection Adviser will grant such permission as per procedure or guide lines approved by the Registration Committee.
v. The commercial pest control operators shall adhere to the prescribed guidelines or procedures as laid down by the Plant Protection Adviser to the Government of India in regard to the fumigation operations undertaken by them.
4. A license to sell, stock or exhibit for sale or distribute insecticides shall be issued in Form VIII and shall be subject to the following conditions, namely:
i. The license shall be displayed, in a prominent place in the part of the premises open to the public.
ii. The license shall comply with the provisions of the Act, and the rules made there under for the time being in force.
iii. Where the license wants to sell, stock or exhibit for sale or distribute any additional insecticides during the currency of the license, he may apply to the licensing officer for necessary endorsement on the license on payment of fees specified in sub-rule (2).
iv. If the licensing officer is satisfied that a particular insecticide is harmful to human beings, animals or environment, he may after recording reasons and referring the Insecticide to the Insecticide analyst, prohibit temporarily its sale for a period of thirty days or till he obtains the report of the Analyst, whichever is earlier.
4A. i. Every person shall along with his application for grant or renewal of a license to undertake operation or sell, stock or exhibit for sale or distribute Insecticides, file a certificate from the principal whom he represents or desires to represent the Form VI-D.
ii. The certificate to be issued by the principal shall be addressed to the licensing officer of the concerned area and shall contain full particulars of the principal including their registration and manufacturing license numbers, full name and address of the person proposed to be authorized and also the type of formulations to be used in commercial pest control operations, sold, stocked or exhibited, for sale or distribution.
iii. In order to verify the genuineness or otherwise of the certificate, principal shall send to the licensing officer of the State where he intends to sell his products an adequate number of copies of the specimen signature or the specimen signatures of the persons authorized in writing to issue the principal’s certificate.
iv. In case of suspension, revocation or cancellation of the certificate, the principal shall forthwith intimate the licensing officer having jurisdiction.
5. A licensing officer may, after giving a reasonable opportunity of being heard to the applicant refuse to grant any license.
6. A fee of rupees one hundred shall be payable for a duplicate copy of a license issued under this rule if the original is defaced, damaged or lost.
10A. Segregation and disposal of date-expired pesticides
a. Immediately after the date of expiry all such stocks after being segregated and stamped `not for sale’ or `not for use’ or `not for manufacture’, as the case may be, shall be kept by the licensee in a separate place specially demarcated for the purpose with a declaration, date-expired insecticide, to be exhibited on the conspicuous part of the place.
b. All such stocks then shall be disposed of in an environment friendly manner as may be specified from time to time by the Central Government in consultation with the Central Insecticides Board and shall not be used for remanufacture.
10B. Special provision with regard to sulphur - With regard to insecticide sulphur and its formulations, all licensees shall,--
a. observe all precautions to prevent its theft;
b. report any such theft to the nearest police authorities promptly; and
c. maintain a separate register showing names and addresses of all the persons to whom it has been sold or distributed and the quantities to be sold or distributed.
10C. Prohibition against sale or storage of insecticides in certain places
No person shall manufacture, store or expose for sale or permit the sale or storage of any insecticide in the same building where any articles consumable by human beings or animals are manufactured, stored or exposed for sale.
Explanation : Nothing contained in this rule will apply to the retail sales of household insecticides from the building wherefrom other articles consumable by human beings or animals are usually sold provided such household insecticides have been registered as such and are packed and labelled in accordance with these rules.
11. Duration of licenses
a. Any license issued or renewed under this chapter shall, unless sooner suspended or cancelled, be in force for a period of two calendar years:
PROVIDED that the license to manufacture insecticides, if any, issued on the basis of provisional registration granted under sub-section (3-B) of section 9, shall expire on the date of expiry of the provisional registration:
PROVIDED further that the license granted by endorsement on the main license under clause (iii) of sub-rule (8) of rule 9 or under clause (iii) of sub-rule (4) of rule 10 or under sub-rule (3) of rule 10-A shall expire or be renewable along with the main license.
a. An application for the renewal of a license shall be made before its expiry and if such an application is made after the date of expiry but within three months from such date, a late fee of—
i. rupees five hundred for the first month or part thereof, rupees one thousand for the second month or part thereof and rupees one thousand and five hundred for the third month or par thereof, in case of license to manufacture insecticides or to carry pest control operations;
ii. rupees one hundred for the first month or part thereof, rupees two hundred for the second month or part thereof and rupees three hundred for the third month or part thereof, in case of any other license shall be paid along with the application for renewal:
PROVIDED that where the main pest control operation unit or the place of sale is located in the rural areas, the late fee shall be one-fifth of the said late fee:
PROVIDED further that n case of death or disability of the licensee, the Licensing Officer may after recording reasons in writing, exempt the applicant from payment of the late fee.
Explanation: (1) Where an application for renewal is made before the expiry of the license and the order regarding refusal or renewal is passed after the expiry of the license, the applicant shall be deemed to have been carrying on his business in accordance with the expired license till the date of communication of the final order on that application.
2. Where an application for renewal is made after the expiry of the license with late fee, the applicant shall be deemed to have been carrying on his business in accordance, with the expired license (from the date of expiry) till the date of communication of the final order on that application.
c. The license shall continue to be in force until it is renewed or revoked. Where an appeal is preferred under Section 15, the license shall continue to be revoked until disposal of appeal or as ordered by the appellate authority pending disposal of the appeal.
d. A licensing officer may, after giving an opportunity of being heard, refuse to renew the license [for reasons to be recorded in writing].
12. Conditions of license
a. Subject to conditions laid down in sub-rule (3) of rule 9, under sub-rule (4) of rule 10, a license shall not be granted to any person under this chapter unless the licensing officer is satisfied and the premises in respect of which license is to be granted are adequate and equipped with proper storage accommodation for avoiding any hazards for preserving the properties of insecticides in respect of which the license is granted.
b. In granting a license, the licensing officer shall have regard, among other things to—
i. the number of licenses granted in the locality during any year; and
ii. the occupation, trade or business carried on by the applicant.
13. Varying or amending a license
The licensing officer may either on an application made by the licensee or if he is satisfied that the conditions under which a license has been granted under this chapter have been changed that it is necessary so to do, vary or amend a license, [after satisfying himself that the Registration Committee has amended the registration certificate and after giving an opportunity of being heard to the person holding the license].
14. Transfer of license
1. The holder of a license may, at any time, before the expiry of the license, apply for permission to transfer the license to any other person.
2. The application under sub-rule (1) shall be accompanied by a fee of rupees one hundred.
3. The licensing officer may, after such inquiry as he thinks fit, accord permission to transfer the license and on such permission being given, an endorsement to that effect shall be made in the license.
4. If the permission to transfer a license is refused, the fee paid therefore shall be refunded to the applicant.
15. Issuing cash memo and maintenance of records
1. All sales of insecticides shall be made by a bill or cash memo in the form prescribed under any law.
2. All sales of insecticides made to a licensed manufacturer (formulator or packer), stockist, distributor, dealer, retailer or to a bulk consumer shall be entered insecticide wise, in a register in Form XIII and a state wise monthly return of all sales to actual consumers shall be sent to the licensing officer, in Form XIV within 15 days from the close of the month.
3. Every importer or manufacturer of insecticide shall maintain a stock register in Form XV for technical grade insecticides and in Form XVI for formulated insecticides.
4. Without prejudice to the foregoing, the Central Government or the State Government or any other person authorized by it may, by notice in writing require any importer or manufacturer or any other person dealing in insecticides to furnish within the time specified in the notice, such information with respect of any insecticides or any batch thereof, including the particulars of all persons to whom it has been sold or distributed, as it may consider necessary.
CHAPTER V - PACKING AND LABELLING
16. Prohibition of sale or distribution unless packed and labelled
No person shall stock or exhibit for sale or distribute [or cause to be transported] any insecticide unless it is packed and labelled in accordance with the provisions of these rules.
17. Packaging of insecticides
1. Every package containing the insecticides shall be of a type approved by the Registration Committee.
2. Before putting any insecticide into the primary package, every batch thereof shall be analysed as per the relevant specifications of the manufacture thereof, in accordance with the approved methods of analysis and the result of such an analysis shall be recorded in the register maintained for the purpose. If any insecticide is put in the package it shall be presumed that it is fit and ready for sale, distribution or use for which it is intended, notwithstanding the fact that any further steps are still required to be taken to make it marketable.
18. Leaflet to be contained in a package
1. [The packing of every insecticide shall include a leaflet containing the following details, namely
a. the plant disease, insects and noxious animals or weeds for which the insecticide is to be applied, the adequate direction concerning the manner in which the insecticide is to be used at the time of application;
b. particulars regarding chemicals harmful to human beings, animals and wild life, warning and cautionary statements including the symptoms of poisoning suitable and adequate safety measures and emergency first-aid treatment where necessary;
c. cautions regarding storage and application of insecticides with suitable warnings relating to inflammable, explosive or other substance harmful to the skin;
d. instructions concerning the decontamination or safe disposal of used containers;
e. a statement showing the antidote for the poison shall be included in the leaflet and the label;
f. if the insecticide is irritating to the skin, nose, throat or eyes, a statement shall be included to that effect.
g. Common name of the insecticide as adopted by the International Standards Organization and where such a name has not yet been adopted such other name as may be approved by the Registration Committee.]
2. Two copies of the leaflets duly approved by the Registration Committee and signed by the Secretary, Registration Committee, shall be returned to the manufacturer and one copy to the State-licensing officer.
19. Manner of labelling
1. The following particulars shall be either printed or written in indelible ink on the label of the innermost container of any insecticide and on the outer most covering in which the container is packed:
i. Name of the manufacturer (if the manufacturer is not the person in whose name the insecticide is registered under the Act, the relationship between the person in whose name the insecticide has been registered and the person who manufactures, packs or distributes or sells shall be stated)
ii. Name of insecticide (brand name or trade mark under which the insecticide is sold).
iii. Registration number of the insecticide.
iv. Kind and name of active and other ingredients and percentage of each. (Common name accepted by the International Standards Organization or the Indian Standards Institutions of each of the ingredients shall be given and if no common name exists, the correct chemical name which conforms most closely with the generally accepted rules of chemical nomenclature shall be given).
v. Net content of volume. (The net contents shall be exclusive of wrapper or other material. The correct statement of the net content to terms of weight, measure, number of units of activity, as the case may be, shall be given. The weight and volume shall be expressed in the metric system).
vi. Batch number.
vii. Expiry date, i.e. up to the date the insecticide shall retain its efficiency and safety.
viii. Antidote statement.
2. The label shall be so affixed to the containers that it cannot be ordinarily removed.
3. The label shall contain in a prominent place and occupying not less than one-sixteenth of the total area of the face of the label, a square, set at an angle of 450 (diamond shape). The dimension of the said square shall depend on the size of the package on which the label is to be affixed. The said square shall be divided into two equal triangles, the upper portion shall contain the symbol and signal word specified in sub-rule (4) and the lower portion shall contain the colour specified in sub-rule (5).
4. The upper portion of the square, referred to in sub-rule (3) shall contain the following symbols and warning statements—
i. Insecticides belonging to Category I (Extremely toxic) shall contain the symbol of a skull and cross-bones and the word "POISON" printed in red;
The following warning statements shall also appear on the label at appropriate place, outside the triangle,
a."KEEP OUT OF THE REACH OF CHILDREN"
b. "IF SWALLOWED, OR IF, SYMPTOMS OF POISONING OCCUR CALL PHYSICIAN IMMEDIATELY";
ii. insecticides in Category II (highly toxic) will contain the word "POISON" printed in red and the statement "KEEP OUT OF THE REACH OF CHILDREN"; shall also appear on the label at appropriate place, outside the triangle,
iii. insecticides in Category III (moderately toxic) shall bear the word "DANGER" and the statement "KEEP OUT OF THE REACH OF CHILDREN"; shall also appear on the label at suitable place outside the triangle;
iv. insecticides in Category IV (Slightly toxic) shall bear the word "CAUTION".
5. The lower portion of the square referred to in sub-rule (4) shall contain the colour specified in column (4) of the table below, depending on the classification of the insecticides specified in the corresponding entry in column (1) of the said table.
Classification of the Insecticides
Medium lethal dose by the oral route acute toxicity LD 50 mg/kg.. body weight of test animals
Medium lethal dose by the dermal route dermal toxicity LD 50 mg/kg. Body weight of test animals
Colour of identification band on the label
1. Extremely toxic
2. Highly toxic