C 2001/7


Conference

Thirty-first Session

Rome, 2-13 November 2001

PROGRESS IN THE REVISION OF THE INTERNATIONAL CODE OF CONDUCT ON THE DISTRIBUTION AND USE OF PESTICIDES

Table of Contents

Introduction: Report on Progress in Updating the Code

1. The FAO International Code of Conduct on the Distribution and Use of Pesticides (hereafter referred to as the Code), which was adopted in 1985, is the globally accepted standard for pesticide management which, together with supporting technical guidelines, has served as the foundation for the implementation and improvement of pesticide legislation and management in many countries, in particular developing countries. The Code provides the framework for a complete management infrastructure that covers pesticides throughout their life-cycle. The Code was amended once, in 1989, due to the introduction of provisions for the Prior Informed Consent (PIC) Procedure into Articles 2 and 9.

2. One of the basic functions of the Code is to serve as a point of reference, particularly until such time as countries have established an adequate national regulatory infrastructure for pesticides. Although the Code is a voluntary instrument, it has received wide attention and recognition from governments, the pesticide industry, public interest groups, international organizations and from other groups concerned with pesticide management. For example, Crop Life International (the international association of pesticide manufacturers) has made acceptance and observance of the Code a condition for membership of its national associations. Some governments have incorporated the Code, or parts of it, into their national pesticide legislation. A comprehensive set of technical guidelines, issued mainly by FAO, provide the basis for implementation of the relevant provisions of the Code.

3. In developing the original version of the Code, it was recognized that in order to continue to meet the needs of countries, the Code would have to be periodically reviewed and updated (see Article 12.7 of the Code). FAO conducted two worldwide surveys on the status of the implementation of the Code in 1986 and 1993, noting not only progress but also continuing shortfalls. For example, pesticide legislation has been implemented and/or improved in many countries, particularly developing countries, but the corresponding legal provisions are often still lacking. In addition, countries addressed issues of concern such as obsolete pesticide stocks in their responses.

4. With the adoption of the "Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade" in September 1998, the provisions of Articles 2 and 9 of the amended version of the Code became outdated.

5. In order to take into account important developments in the field of pest and pesticide management in recent years, the need for changes in relation to the Rotterdam Convention in Articles 2 and 9 and the responses received to the questionnairs on the Code, the Organization convened a session of the FAO Panel of Experts on Pesticide Specifications, Registration Requirements, Application Standards and Prior Informed Consent in November 1999 to initiate the process of updating the Code.

6. The Panel unanimously agreed to maintain the structure and nature of the Code. It considered the question of whether the Code should remain voluntary or become a legally binding instrument but felt that, as the scope of the Code is broad, it would be impractical to enforce if the entire text were to become legally binding. The Panel considered a wide range of issues for incorporation into the Code, including risk reduction initiatives, Integrated Pest Management (IPM), obsolete pesticides and sustainable agriculture, new international agreements such as the Montreal Protocol, the Rotterdam Convention and the Stockholm Convention, and consumer and environmental safety.

7. The Panel drafted a revised version of the Code, which was circulated in early 2000 among Panel Members, industry, NGOs and international organizations involved in the sound management of chemicals, for a first round of comments. The replies were subsequently incorporated by FAO into a second draft of the revised Code.

8. In early in 2001 the second draft of the revised Code, in the five FAO official languages, accompanied by a "Note Verbale," was transmitted to governments, regional organizations, non-governmental organizations, FAO Representatives and various UN specialized agencies, for their review and comments.

9. A total of 40 responses were received, of which 32 came from governments and one from a Regional Economic Integration Organization. Of the governments that responded, 11 were in full agreement and 22 provided detailed comments. Four UN agencies replied, as well as three non-governmental organizations representing industry and the public sector.

10. All comments received were considered by the FAO Panel of Experts on Pesticide Specifications, Registration Requirements, Application Standards and Prior Informed Consent at a meeting in June 2001. This meeting was also attended by key stakeholders (NGOs and Industry) who had taken an active part in the review process and by representatives from the countries that had provided substantial comments.

11. The FAO Panel at the June 2001 Session recommended that "the revised Code could be proposed for adoption by the next Conference." The Panel noted that it "did not expect major new issues to arise from another round of government consultations."

12. The Conference is requested to review the progress made in updating the Code and, if deemed appropriate, adopt the revised version of the Code.

 

Comparison of 1989 version with 2001 version

Note : The paragraphs of the revised version of the Code are shown in the left-hand panel of this document and, where possible, opposite the corresponding paragraphs of the 1989 version of the Code in the right-hand panel. No specific mention is made of amendments or editorial corrections in the revised version. However, entirely new or completely deleted paragraphs, as well as paragraphs which have been moved to another Article in the Code, are indicated in the text.

 

Article 1. Objectives of the Code

Code of Conduct - 2001 revised version   Code of Conduct - 1989 amended version
1.1 The objectives of this Code are to establish voluntary standards of conduct for all public and private entities engaged in or associated with the distribution and use of pesticides, particularly where there is inadequate or no national legislation to regulate pesticides.   1.1 The objectives of this Code are to set forth responsibilities and establish voluntary standards of conduct for all public and private entities engaged in or affecting the distribution and use of pesticides, particularly where there is no or an inadequate national law to regulate pesticides.
1.2 The Code is designed for use within the context of national legislation as a basis whereby government authorities, pesticide manufacturers, those engaged in trade and any citizens concerned may judge whether their proposed actions and the actions of others constitute acceptable practices.   1.6 The Code is designed to be used, within the context of national law, as a basis whereby government authorities, pesticide manufacturers, those engaged in trade and any citizens concerned may judge whether their proposed actions and the actions of others constitute acceptable practices.
1.3 The Code describes the shared responsibility of many sectors of society to work together so that the benefits to be derived from the necessary and acceptable use of pesticides are achieved without significant adverse effects on human health or the environment. To this end, all references in this Code to a government or governments shall be deemed to apply equally to regional groupings of governments for matters falling within their areas of competence.   1.2 The Code describes the shared responsibility of many segments of society, including governments, individually or in regional groupings, industry, trade and international institutions, to work together so that the benefits to be derived from the necessary and acceptable use of pesticides are achieved without significant adverse effects on people or the environment. To this end, all references in this Code to a government or governments shall be deemed to apply equally to regional groupings of governments for matters falling within their areas of competence.
1.4 The Code addresses the need for a cooperative effort between governments of pesticide exporting and importing countries to promote practices that minimize potential health and environmental risks associated with pesticides, while ensuring their effective use.   1.3 The Code addresses the need for a cooperative effort between governments of exporting and importing countries to promote practices which ensure efficient and safe use while minimizing health and environmental concerns due to improper handling or use.
1.5 The entities which are addressed by this Code include international organizations, governments of exporting and importing countries, pesticide industry, application equipment industry, traders, food industry, users, and public-sector organizations such as environmental groups, consumer groups and trade unions.   1.4 The entities which are addressed by this Code include international organizations; governments of exporting and importing countries; industry, including manufacturers, trade associations, formulators and distributors; users; and public-sector organizations such as environmental groups, consumer groups and trade unions.
1.6 The Code recognizes that training at all appropriate levels is an essential requirement in implementing and observing its provisions. Therefore, governments, pesticide industry, users of pesticides, international organizations, non-governmental organizations (NGOs) and other parties concerned should give high priority to training activities related to each Article of the Code.   - new paragraph in revised Code -
1.7 The standards of conduct set forth in this Code:   1.5 The standards of conduct set forth by this Code:
1.7.1 encourage responsible and generally accepted trade practices;   1.5.1 encourage responsible and generally accepted trade practices;
1.7.2 assist countries which have not yet established regulatory controls on the quality and suitability of pesticide products needed in that country to promote the judicious and efficient use of such products and address the potential risks associated with their use;   1.5.2 assist countries which have not yet established controls designed to regulate the quality and suitability of pesticide products needed in that country and to address the safe handling and use of such products;
1.7.3 promote practices which reduce risks in the handling of pesticides, including minimizing adverse effects on humans and the environment and preventing accidental poisoning resulting from improper handling;   1.5.3 promote practices which encourage the safe and efficient use of pesticides, including minimizing adverse effects on humans and the environment and preventing accidental poisoning from improper handling;
1.7.4 ensure that pesticides are used effectively and efficiently for the improvement of agricultural production and of human, animal and plant health;   1.5.4 ensure that pesticides are used effectively for the improvement of agricultural production and of human, animal and plant health.
1.7.5 adopt the "life-cycle" concept to address all major aspects related to the development, regulation, production, management, packaging, labelling, distribution, handling, application, use and control, including post registration activities and disposal of all types of pesticides, including used pesticide containers;   - new paragraph in revised Code -
1.7.6 are designed to promote integrated pest management (IPM) (including integrated vector management for public health pests);   - new paragraph in revised Code -
1.7.7 include reference to participation in information exchange and international agreements identified in Annex 1, in particular the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1)1.   - new paragraph in revised Code -

1 Numbers in brackets throughout the text refer to the references listed at the end of this document.

 

Article 2. Terms and definitions

Code of Conduct - 2001 revised version   Code of Conduct - 1989 amended version
For the purpose of this Code:   For the purpose of this Code:
Active ingredient means the biologically active part of the pesticide.   Active ingredient means the biologically active part of the pesticide present in a formulation.
Advertising means the promotion of the sale and use of pesticides by printed and electronic media, signs, displays, gift, demonstration or word of mouth.   Advertising means the promotion of the sale and use of pesticides by print and electronic media, signs, displays, gift, demonstration or word of mouth.
Application equipment means any technical aid, equipment, implement or machinery which is used for the application of pesticides.   - new term in revised Code -
Application technology means the actual physical delivery and distribution process of a pesticide to the target organism or to the place where the target organism comes into contact with the pesticide.   - new term in revised Code -
Banned pesticide means a pesticide for which all uses have been prohibited by final regulatory action, in order to protect human health or the environment. The term includes a pesticide that has been refused approval for first-time use, or has been withdrawn by industry either from the domestic market or from further consideration in the domestic approval process, and where there is clear evidence that such action has been taken in order to protect human health or the environment.   Banned means a pesticide for which all registered uses have been prohibited by final government regulatory action, or for which all requests for registration or equivalent action for all uses have, for health or environmental reasons, not been granted.
- term in old Code deleted since no longer used in revised Code -   Common name means the name assigned to a pesticide active ingredient by the International Standards Organization or adopted by national standards authorities to be used as a generic or non proprietary name for that particular active ingredient only.
- term in old Code deleted since no longer used in revised Code -   Distinguishing name means the name under which the pesticide is labelled, registered and promoted by the manufacturer and which, if protected under national legislation, can be used exclusively by the manufacturer to distinguish the product from other pesticides containing the same active ingredient.
Disposal means any operation to recycle, neutralize, destruct or isolate pesticide waste, used containers and contaminated materials.   - new term in revised Code -
Distribution means the process by which pesticides are supplied through trade channels to local or international markets.   Distribution means the process by which pesticides are supplied through trade channels on local or international markets.
Environment means surroundings, including water, air, soil and their interrelationship as well as all relationships between them and any living organisms.   Environment means surroundings, including water, air, soil and their interrelationship as well as all relationships between them and any living organisms.
Equivalence means the determination of the similarity of the impurity and toxicological profile, as well as of the physical and chemical properties, presented by supposedly similar technical material originating from different manufacturers, in order to assess whether they present similar levels of risk.   - new term in revised Code -
Extension service means those entities in the country responsible for the transfer of information, technology and advice regarding the improvement of agricultural practices, including production, handling, storage and marketing of agricultural commodities.   Extension service means those entities in the country concerned responsible for the transfer of information and advice to farmers regarding the improvement of agricultural practices, including production, handling, storage and marketing.
Formulation means the combination of various ingredients designed to render the product useful and effective for the purpose claimed; the form of the pesticide as purchased by users.   Formulation means the combination of various ingredients designed to render the product useful and effective for the purpose claimed; the form of the pesticide as purchased by users.
Good Agricultural Practice in the use of pesticides includes the officially recommended or nationally authorized uses of pesticides under actual conditions necessary for effective and reliable pest control. It encompasses a range of levels of pesticide applications up to the highest authorized use, applied in a manner which leaves a residue which is the smallest amount practicable.   - new term in revised Code -
Hazard means the inherent property of a substance, agent or situation having the potential to cause undesirable consequences (e.g. properties that can cause adverse effects or damage to health, the environment or property).   Hazard means the likelihood that a pesticide will cause an adverse effect (injury) under the conditions in which it is used.
   
Integrated Pest Management (IPM) means the careful consideration of all available pest control techniques and subsequent integration of appropriate measures that discourage the development of pest populations and keep pesticides and other interventions to levels that are economically justified and reduce or minimize risks to human health and the environment. IPM emphasizes the growth of a healthy crop with the least possible disruption to agro-ecosystems and encourages natural pest control mechanisms.   Integrated pest management means a pest management system that, in the context of the associated environment and the population dynamics of the pest species, utilizes all suitable techniques and methods in as compatible a manner as possible and maintains the pest populations at levels below those causing economically unacceptable damage or loss.
Label means the written, printed or graphic matter on, or attached to, the pesticide or the immediate container thereof and also to the outside container or wrapper of the retail package of the pesticide.   Label means the written, printed or graphic matter on, or attached to, the pesticide; or the immediate container thereof and the outside container or wrapper of the retail package of the pesticide.
Manufacturer means a corporation or other entity in the public or private sector or any individual engaged in the business or function (whether directly or through an agent or entity controlled by or under contract with it) of manufacturing a pesticide active ingredient or preparing its formulation or product.   Manufacturer means a corporation or other entity in the public or private sector or any individual engaged in the business or function (whether directly or through an agent or through an entity controlled by or under contract with it) of manufacturing a pesticide active ingredient or preparing its formulation or product.
Marketing means the overall process of product promotion, including advertising, product public relations and information services as well as the distribution and sale on local or international markets.   Marketing means the overall process of product promotion, including advertising, product public relations and information services as well as distribution and selling on local or international markets:
Maximum residue limit (MRL) means the maximum concentration of a residue that is legally permitted or recognized as acceptable in or on a food or agricultural commodity or animal feedstuff.   Maximum residue limit (MRL) means the maximum concentration of a residue that is legally permitted or recognized as acceptable in or on a food, agricultural commodity or animal feedstuff.
Packaging means the container together with the protective wrapping used to carry pesticide products via wholesale or retail distribution to users.   Packaging means the container together with the protective wrapping used to carry pesticide products via wholesale or retail distribution to users.
Personal protective equipment means any clothes, materials or devices that provide protection from pesticide exposure during handling and application. In the context of this Code, it includes both specifically designed protective equipment and clothing reserved for pesticide application and handling.   Protective clothing means any clothes, materials or devices that are designed to provide protection from pesticides when they are handled or applied.
Pesticide means any substance or mixture of substances intended for preventing, destroying or controlling any pest, including vectors of human or animal disease, unwanted species of plants or animals causing harm during or otherwise interfering with the production, processing, storage, transport or marketing of food, agricultural commodities, wood and wood products or animal feedstuffs, or substances which may be administered to animals for the control of insects, arachnids or other pests in or on their bodies. The term includes substances intended for use as a plant growth regulator, defoliant, desiccant or agent for thinning fruit or preventing the premature fall of fruit, and substances applied to crops either before or after harvest to protect the commodity from deterioration during storage and transport.   Pesticide means any substance or mixture of substances intended for preventing, destroying or controlling any pest, including vectors of human or animal disease, unwanted species of plants or animals causing harm during or otherwise interfering with the production, processing, storage, transport, or marketing of food, agricultural commodities, wood and wood products or animal feedstuffs, or which may be administered to animals for the control of insects, arachnids or other pests in or on their bodies. The term includes substances intended for use as a plant growth regulator, defoliant, desiccant, or agent for thinning fruit or preventing the premature fall of fruit, and substances applied to crops either before or after harvest to protect the commodity from deterioration during storage and transport.
Pesticide industry means all those organizations and individuals engaged in manufacturing, formulating or marketing pesticides and pesticide products.   Pesticide industry means all those organizations and individuals engaged in manufacturing, formulating or marketing pesticides and pesticide products.
Pesticide legislation means any laws or regulations introduced to regulate the manufacture, marketing, distribution, labelling, packaging, use and disposal of pesticides in their qualitative, quantitative, health and environmental aspects.   Pesticide legislation means any laws or regulations introduced to regulate the manufacture, marketing, storage, labelling, packaging and use of pesticides in their qualitative, quantitative and environmental aspects.
Poison means a substance that can cause disturbance of structure or function, leading to injury or death when absorbed in relatively small amounts by human beings, plants or animals.   Poison means a substance that can cause disturbance of structure or function, leading to injury or death when absorbed in relatively small amounts by human beings, plants or animals.
Poisoning means occurrence of damage or disturbance caused by a poison, and includes intoxication.   Poisoning means occurrence of damage or disturbance caused by a poison, and includes intoxication.
- term in old Code deleted since no longer used in revised Code -   Prior Informed Consent (PIC) refers to the principle that international shipment of a pesticide that is banned or severely restricted in order to protect human health or the environment should not proceed without the agreement, where such agreement exists, or contrary to the decision of the designated national authority in the participating importing country.
- term in old Code deleted since no longer used in revised Code -   Prior Informed Consent Procedure (PIC procedure) means the procedure for formally obtaining and disseminating the decisions of importing countries as to whether they wish to receive future shipments of pesticides that have been banned or severely restricted. A specific procedure was established for selecting pesticides for initial implementation of the PIC procedures. These include pesticides that have been previously banned or severely restricted as well as certain pesticide formulations that are acutely toxic. This procedure is described in the Guidelines on the Operation of Prior Informed Consent.
Product (or pesticide product) means the pesticide active ingredient(s) and other components, in the form in which it is packaged and sold   Product means the pesticide in the form in which it is packaged and sold; it usually contains an active ingredient plus adjuvants and may require dilution prior to use.
Product stewardship means the responsible and ethical management of a pesticide product from its discovery through to its ultimate use and beyond.   - new term in revised Code -
Public sector groups means (but is not limited to) scientific associations, farmer groups, citizens' organizations, labour unions and environmental, consumer and health organizations.   Public sector groups means (but is not limited to) scientific associations; farmer groups; citizens' organizations; environmental, consumer and health organizations; and labour unions.
Registration means the process whereby the responsible national government or regional authority approves the sale and use of a pesticide following the evaluation of comprehensive scientific data demonstrating that the product is effective for the intended purposes and does not pose an unacceptable risk to human or animal health or the environment.   Registration means the process whereby the responsible national government authority approves the sale and use of a pesticide following the evaluation of comprehensive scientific data demonstrating that the product is effective for the purposes intended and not unduly hazardous to human or animal health or the environment.
Repackaging means the authorized transfer of a pesticide from any commercial package into any other, usually smaller, container for subsequent sale.   Repackaging means the transfer of pesticide from any commercial package into any other, usually smaller, container for subsequent sale.
Residue means any specified substances in or on food, agricultural commodities or animal feed resulting from the use of a pesticide. The term includes any derivatives of a pesticide, such as conversion products, metabolites, reaction products and impurities considered to be of toxicological significance. The term "pesticide residue" includes residues from unknown or unavoidable sources (e.g. environmental) as well as known uses of the chemical.   Residue means any specified substances in food, agricultural commodities, or animal feed resulting from the use of a pesticide. The term includes any derivatives of a pesticide, such as conversion products, metabolites, reaction products, and impurities considered to be of toxicological significance. The term "pesticide residue" includes residues from unknown or unavoidable sources (e.g. environmental) as well as known uses of the chemical.
Responsible authority means the government agency or agencies responsible for regulating the manufacture, distribution or use of pesticides and more generally for implementing pesticide legislation.   Responsible authority means the government agency or agencies responsible for regulating the manufacture, distribution or use of pesticides and more generally for implementing pesticide legislation.
Risk is a function of the probability of an adverse health or environmental effect, and the severity of that effect, following exposure to a pesticide.   Risk means the expected frequency of undesirable effects of exposure to the pesticide.
Severely restricted pesticide means a pesticide for which virtually all use has been prohibited by final regulatory action in order to protect human health or the environment, but for which certain specific uses remain allowed. It includes a pesticide that has, for virtually all use, been refused for approval or been withdrawn by industry either from the domestic market or from further consideration in the domestic approval process, and where there is clear evidence that such action has been taken in order to protect human health or the environment.   Severely restricted - a limited ban - means a pesticide for which virtually all registered uses have been prohibited by final government regulatory action but certain specific registered use or uses remain authorized.
Tender means request for bids in purchasing of pesticides.   - new term in revised Code -
Toxicity means a physiological or biological property which determines the capacity of a chemical to do harm or produce injury to a living organism by other than mechanical means.   Toxicity means a physiological or biological property which determines the capacity of a chemical to do harm or produce injury to a living organism by other than mechanical means.
Trader means anyone engaged in trade, including export, import and domestic distribution.   Trader means anyone engaged in trade, including export, import, formulation and domestic distribution.
Use pattern means the combination of all factors involved in the use of a pesticide, including the concentration of active ingredient in the preparation being applied, rate of application, time of treatment, number of treatments, use of adjuvants and methods and sites of application which determine the quantity applied, timing of treatment and interval before harvest.   Use pattern embodies the combination of all factors involved in the use of a pesticide, including the concentration of active ingredient in the preparation being applied, rate of application, time of treatment, number of treatments, use of adjuvants and methods and sites of application which determine the quantity applied, timing of treatment and interval before harvest, etc.

 

 

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