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Restricted Use Agricultural Remedies | What does it mean for farm owners and agricultural workers?

Released by CropLife South Africa: 24 January 2025

The new regulations relating to agricultural remedies were published on 23 August 2023 under the Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedies Act (Act No. 36 of 1947), which defined a new class of agricultural remedies referred to as restricted agricultural remedies.

These remedies are agricultural remedies for which the Registrar has set out certain limitations on the sale and use of the products and certain conditions for labelling. Agricultural remedies are not the same as substances of concern, some of which are currently being phased out in South Africa.

Restricted remedies and substances of concern both fall in the category of highly hazardous pesticides. The criteria for these two classes differ. The criteria for restricted agricultural remedies are mostly dependent on the remedy being regarded as acutely toxic.

Substances of concern on the other hand are mostly regarded as toxic by chronic exposure, such as the potential of the substance to cause cancer, induce genetic mutations or interfere with reproduction or the unborn child over long-term exposure.

These criteria, however, are not mutually exclusive and some remedies may fulfil the criteria for both classifications. Although restricted agricultural remedies were only defined in the Regulations relating to agricultural remedies in 2023, the requirement for these remedies to be restricted to pest control operators (PCOs) has been included in the Pest Control Operator Regulations since 2011.

These regulations stipulate that employees who handle restricted agricultural remedies specifically must be registered as PCOs or perform such duties under the direct supervision of a registered PCO. This means that a registered PCO must be physically present at the time and place where restricted agricultural remedies are applied.

In addition, these remedies may only be sold to a registered PCO, who, upon purchase will need to provide proof that they are sufficiently qualified and registered to administer the remedy. In both cases (sales and application), the PCO must be registered within the applicable field of registration related to the remedy being sold, for instance, if a remedy is sold for use in agriculture (excluding aerial application or fumigation which has its own fields of registration), the PCO must be registered in the field of agriculture and forestry.

If the designated person responsible for the acquisition of agricultural remedies on a farm is not the person who is registered as a PCO and applying or overseeing the application of these restricted agricultural remedies, it is possible for a designated person who is not a PCO to purchase a restricted agricultural remedy on behalf of a registered PCO. In this case, the PCO must accompany the representative to the supplier or distributor for the first purchase.

They will have to provide a certified copy of the PCO registration certificate and a signed letter to the supplier or distributor giving consent to the designated person to purchase the restricted remedy on their behalf; said PCO certificate and consent letter must be kept on file by the supplier or distributor.

Note, however, that this sales restriction applies to the end-user of the product only, such as the farm owner or agricultural worker. In other words, if a supplier sells an agricultural remedy to a distributor or agent, who then sells the agricultural remedy to the end-user, the distributor or agent does not need to be registered as a PCO. In addition, the regulations also stipulate that a restriction notice must appear on the label of the agricultural remedy to indicate the limitations on use.

Registration holders of restricted-use agricultural remedies had until 31 October 2024 to submit their revised labels to the Registrar for approval, meaning some of the products currently in circulation may not yet display the notice on the main panel, however, some of them could include an approved over-sticker with the necessary PostNet Suite 437, Private Bag X132, Centurion, South Africa, 0046 | +27 (0)72 224 4715| www.croplife.co.za | Reg Nr: 2002/031906/08 notice as an interim measure until the new stock with the approved label is in circulation.

These restrictions will also appear in Section 1 of the safety data sheet (SDS). It is of paramount importance that all players in the value chain understand what their responsibilities are in terms of these products so that we can ensure compliance with all the necessary laws and regulations governing the industry.

Download the full document that explains when a PCO registration is required for the restricted use of agricultural remedies and the process of obtaining a PCO. Restricted Agricultural Remedies – What it means for farm owners and agricultural workers 24 January

 

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