PCO Regulation: Court ruling brings relief and clarity for growers

A recent High Court ruling, as explained in a January 2026 communication from CropLife South Africa, provides important short-term clarity on the current regulation of certain crop protection products, specifically the Pest Control Operator (PCO) Regulations, which have recently caused confusion and controversy in agriculture.

[Download CropLife SA communication: CropLife SA communication_PCO & restricted ag remedies_Jan2026_Final]

Why the court ruling matters

In August 2023, new regulations under the Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act (Act 36 of 1947) introduced the category of “restricted agricultural remedies”. These products are typically classified as highly hazardous pesticides (HHPs). However, there was uncertainty about whether these remedies were automatically subject to the 2011 PCO Regulations, which would have limited their purchase and use to licensed PCOs.

In December 2025, CropLife South Africa approached the High Court to resolve this ambiguity. On 26 January 2026, the Court ruled in CropLife SA’s favour, confirming that “restricted agricultural remedies” under the 2023 regulations are not currently governed by the PCO Regulations.

For pome and stone fruit growers, the immediate implication is that, under the current wording of the regulations, the purchase and use of these restricted agricultural remedies are not legally limited to PCOs only.

However, this does not mean these products are now “less regulated” or can be used casually. Restricted agricultural remedies remain highly hazardous substances and are still regulated under other legislation, including the Hazardous Substances Act (Act 15 of 1973). Storage, handling, application, worker protection and disposal requirements remain strict and enforceable.

Responsible use remains non-negotiable

Despite the ruling, the responsible stewardship of these products remains essential. South Africa is a signatory to international agreements that commit the country to phasing out HHPs when risks cannot be adequately managed, and safer alternatives exist, with a 2035 target set under the UN Global Framework on Chemicals.

For fruit growers, continued access to effective crop protection tools depends on demonstrably responsible use. Poor practices on one farm can harm the entire industry, particularly when export markets scrutinise chemical use.

What growers should continue doing

Although the court ruling provides short-term relief, CropLife SA has made it clear that the Department of Agriculture may amend the legislation at any time to explicitly restrict these remedies to PCOs. Growers are therefore strongly encouraged to continue adhering to best-practice standards, including:

• Ensuring that only trained and suitably informed workers handle, mix, or apply restricted agricultural remedies
• Providing and enforcing the correct use of personal protective equipment (PPE)
• Applying products strictly in accordance with label instructions, including crops, pests, rates and re-entry intervals
• Managing on-farm access to pesticide stores and ensuring secure storage
• Properly triple-rinsing, puncturing, and disposing of empty containers through approved industry systems.

Importantly, growers must now complete a formal declaration when purchasing restricted agricultural remedies to confirm compliance with their responsibilities. [See CropLife communication]

Growers who invest in training, documentation, PCO registration, worker safety, and stewardship are not wasting effort; these investments future-proof their businesses. Responsible chemical use is increasingly linked to market access, brand reputation and the long-term availability of essential pest-control tools.

In a global environment with intensified scrutiny, compliance is no longer about meeting the law; it is about safeguarding the sustainability of South African fruit production.

Also read, SPOTLIGHT ON PPE:  https://www.hortgro.co.za/news/spotlight-on-ppe/