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| Code of Conduct - 2001 revised version | Code of Conduct - 1989 amended version | |
| 3.1 Governments have the overall responsibility to regulate the availability, distribution and use of pesticides in their countries and should ensure the allocation of adequate resources for this mandate (2). | 3.1 Governments have the overall responsibility and should take the specific powers to regulate the distribution and use of pesticides in their countries. | |
| 3.2 The pesticide industry should adhere to the provisions of this Code as a standard for the manufacture, distribution and advertising of pesticides, particularly in countries lacking appropriate legislation and advisory services. | 3.2 The pesticide industry should adhere to the provisions of this Code as a standard for the manufacture, distribution and advertising of pesticides, particularly in countries lacking appropriate legislation and advisory services. | |
| 3.3 Governments of pesticide exporting countries should, to the extent possible: | 3.3 Governments of exporting countries should help to the extent possible, directly or through their pesticide industries, to: | |
| 3.3.1 provide technical assistance to other countries, especially those lacking technical expertise in the assessment of the relevant data on pesticides; | 3.3.1 provide technical assistance to other countries, especially those with shortages of technical expertise, in the assessment of the relevant data on pesticides, including those provided by industry (see also Article 4); | |
| 3.3.2 ensure that good trading practices are followed in the export of pesticides, especially to those countries with limited or no regulatory schemes. | 3.3.2 ensure that good trading practices are followed in the export of pesticides, especially to those countries with no or limited regulatory schemes (see also Articles 8 and 9). | |
| 3.4 Pesticide industry and traders should observe the following practices in pesticide management, especially in countries without legislation or means of implementing regulations: | 3.4 Manufacturers and traders should observe the following practices in pesticide management, especially in countries without legislation or means of implementing regulations: | |
| 3.4.1 supply only pesticides of adequate quality, packaged and labelled as appropriate for each specific market (3); | 3.4.1 supply only pesticides of adequate quality, packaged and labelled as appropriate for each specific market; | |
| 3.4.2 in close cooperation with procurers of pesticides, adhere closely to provisions of FAO guidelines on tender procedures (4); | - new paragraph in revised Code - | |
| 3.4.3 pay special attention to the choice of pesticide formulations and to presentation, packaging and labelling in order to reduce risks to users and minimize adverse effects on the environment; | 3.4.2 pay special attention to formulations, presentation, packaging and labelling in order to reduce hazard to users, to the maximum extent possible consistent with the effective functioning of the pesticide in the particular circumstances in which it is to be used; | |
| 3.4.4 provide, with each package of pesticide, information and instructions in a form and language adequate to ensure effective use and reduce risks during handling; | 3.4.3 provide, with each package of pesticide, information and instructions in a form and language adequate to ensure safe and effective use; | |
| 3.4.5 be capable of providing effective technical support, backed up by full product stewardship to field level, including advice on disposal of pesticides and used pesticide containers, if necessary; | - new paragraph in revised Code - | |
| 3.4.6 retain an active interest in following their products to the end- user, keeping track of major uses and the occurrence of any problems arising from the use of their products, as a basis for determining the need for changes in labelling, directions for use, packaging, formulation or product availability. | 3.4.4 retain an active interest in following their products to the ultimate consumer, keeping track of major uses and the occurrence of any problems arising in the actual use of their products as a basis for determining the need for changes in labelling, directions for use, packaging, formulation or product availability. | |
| 3.5 Pesticides whose handling and application require the use of personal protective equipment that is uncomfortable, expensive or not readily available should be avoided, especially in the case of small-scale users in tropical climates (5). Preference should be given to pesticides that require inexpensive personal protective and application equipment and to procedures appropriate to the conditions under which the pesticides are to be handled and used. | 3.5 Pesticides whose handling and application require the use of uncomfortable and expensive protective clothing and equipment should be avoided, especially in the case of small scale users in tropical climates. | |
| 3.6 National and international organizations, governments and pesticide industry should take coordinated action to disseminate educational materials of all types to pesticide users, farmers, farmers' organizations, agricultural workers, unions and other interested parties. Similarly, users should seek and understand educational materials before applying pesticides and should follow proper procedures. | 3.6 National and international organizations, governments, and pesticide industries should take action in coordinated efforts to disseminate educational materials of all types to pesticide users, farmers, farmers' organizations, agricultural workers, unions and other interested parties. Similarly, affected parties should seek and understand educational materials before using pesticides and should follow proper procedures. | |
| -paragraph 3.7 in old Code has been combined with paragraph 3.1 in revised Code- | 3.7 Governments should allocate high priority and adequate resources to the task of effectively managing the availability, distribution and use of pesticides in their countries. | |
| 3.7 Concerted efforts should be made by governments to develop and promote the use of integrated pest management (IPM). Furthermore, lending institutions, donor agencies and governments should support the development of national IPM policies and improved IPM concepts and practices. These should be based on scientific and other strategies that promote increased participation of farmers (including women's groups), extension agents and on-farm researchers. | 3.8 Concerted efforts should be made by governments and pesticide industries to develop and promote integrated pest management systems and the use of safe, efficient, cost-effective application methods. Public-sector groups and international organizations should actively support such activities. | |
| 3.8 All stakeholders, including farmers and farmer associations, IPM researchers, extension agents, crop consultants, food industry, manufacturers of biological and chemical pesticides and application equipment, environmentalists and representatives of consumer groups should play a proactive role in the development and promotion of IPM. | - new paragraph in revised Code - | |
| 3.9 Governments, with the support of relevant international and regional organizations, should encourage and promote research on, and the development of, alternatives posing fewer risks: biological control agents and techniques, non-chemical pesticides and pesticides that are, as far as possible or desirable, target-specific, that degrade into innocuous constituent parts or metabolites after use and are of low risk to humans and the environment. | - new paragraph in revised Code - | |
| 3.10 Governments and the application equipment industry should develop and promote the use of pesticide application methods (6, 7) and equipment (8, 9, 10, 11) that pose low risks to human health and the environment and that are more efficient and cost-effective, and should conduct ongoing practical training in such activities (12). | - new paragraph in revised Code - | |
| - paragraph 3.9 in old Code has been moved to paragraph 9.3 in revised Code - | 3.9 International organizations should provide information on specific pesticides and give guidance on methods of analysis through the provision of criteria documents, fact sheets, training sessions, etc. | |
| 3.11 Governments, pesticide industry and national and international organizations should collaborate in developing and promoting resistance management strategies to prolong the useful life of valuable pesticides and reduce the adverse effects resulting from the development of resistance of pests to pesticides. | 3.10 It is recognized that the development of resistance of pests to pesticides can be a major problem. Therefore, governments, industry, national institutions, international organizations and public sector groups should collaborate in developing strategies which will prolong the useful life of valuable pesticides and reduce the adverse effects of the development of resistant species. |
| Code of Conduct - 2001 Revised Version | Code of Conduct - 1989 amended version | |
| 4.1 Pesticide industry should: | 4.1 Pesticide manufacturers are expected to: | |
| 4.1.1 ensure that each pesticide and pesticide product is adequately and effectively tested by recognized procedures and test methods so as to fully evaluate its efficacy (13), behaviour, fate, hazard and risk (14) with regard to the various anticipated conditions in regions or countries of use; | 4.1.1 ensure that each pesticide and pesticide product is adequately and effectively tested by well recognized procedures and test methods so as to fully evaluate its safety, efficacy and fate with regard to the various anticipated conditions in regions or countries of use; | |
| 4.1.2 ensure that such tests are conducted in accordance with sound scientific procedures and the principles of good laboratory practice (15); | 4.1.2. ensure that such tests are conducted in accordance with sound scientific procedures and good laboratory practice - the data produced by such tests, when evaluated by competent experts, must be capable of showing whether the product can be handled and used safely without unacceptable hazard to human health, plants, animals, wildlife and the environment; | |
| 4.1.3 make available copies or summaries of the original reports of such tests for assessment by responsible government authorities in all countries where the pesticide is to be offered for sale. Evaluation of the data should be carried out by qualified experts. If translated documents are provided, their accuracy should be validated; | 4.1.3 make available copies or summaries of the original reports of such tests for assessment by responsible government authorities in all countries where the pesticide is to be offered for sale. Evaluation of the data should be referred to qualified experts; | |
| 4.1.4 ensure that the proposed use pattern, label claims and directions, packages, technical literature and advertising truly reflect the outcome of these scientific tests and assessments; | 4.1.4 take care to see that the proposed use pattern, label claims and directions, packages, technical literature and advertising truly reflect the outcome of these scientific tests and assessments; | |
| 4.1.5 provide, at the request of a country, methods for the analysis of any active ingredient or formulation that they manufacture, and provide the necessary analytical standards; | 4.1.5 provide, at the request of a country, advice on methods for the analysis of any active ingredient of formulation that they manufacture, and provide the necessary analytical standards; | |
| 4.1.6 provide advice and assistance in the training of technical staff involved in the relevant analytical work. Formulators should actively support this effort; | 4.1.6 provide advice and assistance for training technical staff in relevant analytical work. Formulators should actively support this effort; | |
| 4.1.7 conduct residue trials prior to marketing, at least in accordance with Codex Alimentarius and FAO guidelines on good analytical practice (16) and on crop residue data (17, 18, 19) in order to provide a basis for establishing appropriate maximum residue limits (20). | 4.1.7 conduct residue trials prior to marketing in accordance with FAO guidelines on good analytical practice (S) and on crop residue data in order to provide a basis for establishing appropriate maximum residue limits (MRLs). | |
| 4.2 Each country should possess or have access to facilities to verify and exercise control over the quality of pesticides offered for sale or export, to establish the quantity of the active ingredient or ingredients and the suitability of their formulation, according to FAO or WHO specifications2, when available (21, 22, 23). | 4.2 Each country should possess or have access to facilities to verify and exercise control over the quality of pesticides offered for sale, to establish the quantity of the active ingredient or ingredients and the suitability of their formulation. | |
| 4.3 International organizations and other interested bodies should, within available resources, consider assisting in the establishment of analytical laboratories, or strengthening existing laboratories, in pesticide importing countries, either on a national or a regional basis. These laboratories should adhere to sound scientific procedures and guidelines for good laboratory practice, should possess the necessary expertise and should have adequate analytical equipment and supplies of certified analytical standards, solvents, reagents and appropriate, up-to-date analytical methods. | 4.3 International organizations and other interested bodies should, within available resources, consider assisting in the establishment of analytical laboratories in pesticide importing countries, either on a country or on a multilateral regional basis; these laboratories should be capable of carrying out product and residue analysis and should have adequate supplies of analytical standards, solvents and reagents. | |
| 4.4 Exporting governments and international organizations should play an active role in assisting developing countries in training personnel on trial design and conduct, the interpretation and evaluation of test data, and risk/benefit analysis. They should also promote maximum availability to, and use by developing countries of, appropriate international assessments and evaluations of pesticide hazards and risks. | 4.4 Exporting governments and international organizations must play an active role in assisting developing countries in training personnel in the interpretation and evaluation of test data. | |
| 4.5 Pesticide industry and governments should collaborate in post-registration surveillance or conducting monitoring studies to determine the fate of pesticides and their health and environmental effects under field conditions (14, 24). | 4.5 Industry and governments should collaborate in conducting post-registration surveillance or monitoring studies to determine the fate and environmental effect of pesticides under field conditions. |
2 WHO : World Health Organization
| Code of Conduct - 2001 revised version | Code of Conduct - 1989 amended version | |
| 5.1 Governments should: | 5.1 Governments which have not already done so should: | |
| 5.1.1 implement a pesticide registration and control system along the lines set out in Article 6; | 5.1.1 implement a pesticide registration and control scheme along the lines set out in Article 6; | |
| 5.1.2 periodically review the pesticides marketed in their country, their acceptable uses and their availability to each sector of the public, and conduct special reviews when indicated by scientific evidence; | 5.1.2 decide, and from time to time review, the pesticides to be marketed in their country, their acceptable uses and their availability to each segment of the public; | |
| 5.1.3 carry out health surveillance programmes of those who are occupationally exposed to pesticides and investigate, as well as document, poisoning cases; | - new paragraph in revised Code - | |
| 5.1.4 provide guidance and instructions to health workers, physicians and hospital staff on the treatment of suspected pesticide poisoning (25); | 5.1.3 provide guidance and instructions for the treatment of suspected pesticide poisoning for their basic health workers, physicians and hospital staff; | |
| 5.1.5 establish national or regional poisoning information and control centres at strategic locations to provide immediate guidance on first aid and medical treatment, accessible at all times (25); | 5.1.4 establish national or regional poisoning information and control centres at strategic locations to provide immediate guidance on first aid and medical treatment, accessible at all times by telephone or radio. Governments should collect reliable information about the health aspects of pesticides. Suitably trained people with adequate resources must be made available to ensure that accurate information is collected; | |
| 5.1.6 utilize all possible means for collecting reliable data and maintaining statistics on health aspects of pesticides and pesticide poisoning incidents, with the objective of establishing the WHO harmonized system for identifying and recording such data (25). Suitably trained personnel and adequate resources should be made available to ensure the accuracy of information collected; | - new paragraph in revised Code - | |
| 5.1.7 provide extension and advisory services and farmers' organizations with adequate information about practical IPM strategies and methods, as well as the range of pesticide products available for use; | 5.1.5 keep extension and advisory services, as well as farmers' organizations, adequately informed about the range of pesticide products available for use in each area; | |
| 5.1.8 ensure, with the cooperation of pesticide industry, that where pesticides are available through outlets which also deal in food, clothing, medicines or other products for consumption or topical application, they are physically segregated from other merchandise to prevent contamination and/or mistaken identity. Where appropriate, they should be clearly marked as hazardous materials. Every effort should be made to publicize the dangers of storing foodstuffs and pesticides together (26); | 5.1.6 ensure, with the cooperation of industry, that where pesticides are available through outlets which also deal in food, medicines, other products for internal consumption or topical application, or clothing, they are physically segregated from other merchandise, so as to avoid any possibility of contamination or of mistaken identity. Where appropriate, they should be clearly marked as hazardous materials. Every effort should be made to publicize the dangers of storing foodstuffs and pesticides together. | |
| 5.1.9 utilize all possible means for collecting reliable data, maintaining statistics on environmental contamination and reporting specific incidents related to pesticides; | - new paragraph in revised Code - | |
| 5.1.10 implement a programme to monitor pesticide residues in food and the environment. | - new paragraph in revised Code - | |
| 5.2 Even where a control scheme is in operation, pesticide industry should: | 5.2 Even where a control scheme is in operation, industry should: | |
| 5.2.1 cooperate in the periodic reassessment of the pesticides which are marketed; | 5.2.1 cooperate in the periodic reassessment of the pesticides which are marketed and in providing the poison control centres and other medical practitioners with information about hazards; | |
| 5.2.2 provide poison-control centres and medical practitioners with information about pesticide hazards and on suitable treatment of pesticide poisoning; | - paragraph 5.2.1 in old Code was split into two paragraphs (5.1.2 & 5.2.2) in revised Code - | |
| 5.2.3 make every reasonable effort to reduce risks posed by pesticides by: | 5.2.2 make every reasonable effort to reduce hazard by: | |
| 5.2.3.1 making less toxic formulations available; | 5.2.2.1 making less toxic formulations available; | |
| 5.2.3.2 introducing products in ready-to-use packages; | 5.2.2.2 introducing products in ready-to-use packages and other wise developing safer and more efficient methods of application; | |
| 5.2.3.3 developing application methods and equipment that minimize exposure to pesticides; | - new paragraph in revised Code - | |
| 5.2.3.4 using returnable and refillable containers where effective container collection systems are in place; | - new paragraph in revised Code - | |
| 5.2.3.5 using containers that are not attractive for subsequent reuse and promoting programmes to discourage their reuse, where effective container collection systems are not in place; | 5.2.2.3 using containers that are not attractive for subsequent reuse and promoting programmes to discourage their reuse; | |
| 5.2.3.6 using containers that are not attractive to or easily opened by children, particularly for domestic use products; | 5.2.2.4 using containers that are safe (e.g. not attractive to or easily opened by children), particularly for the more toxic home use products; | |
| 5.2.3.7 using clear and concise labelling. | 5.2.2.5 using clear and concise labelling; | |
| 5.2.4 halt sale and recall products when handling or use pose an unacceptable risk under any use directions or restrictions. | 5.2.3 halt sale, and recall products, when safe use does not seem possible under any use, directions or restrictions. | |
| 5.3 Government and industry should cooperate in further reducing risks by: | 5.3 Government and industry should further reduce hazards by making provision for safe storage and disposal of pesticides and containers at both warehouse and farm level, and through proper siting and control of wastes from formulating plants. | |
| 5.3.1 promoting the use of proper and affordable personal protective equipment (5); | - paragraph 5.3 in old Code was split up in sub-paragraphs (5.3.1 to 5.3.4) in revised Code, and new provisions added ; the provision on the siting of formulation plants was moved to paragraph 5.5.3 - | |
| 5.3.2 making provisions for safe storage of pesticides at both warehouse and farm level (26, 27); | ||
| 5.3.3 establishing services to collect and safely dispose of used containers and small quantities of left-over pesticides (28); | ||
| 5.3.4 protecting biodiversity and minimizing adverse effects of pesticides on the environment (water, soil and air) and on non-target organisms. | ||
| 5.4 To avoid unjustified confusion and alarm among the public, concerned parties should consider all available facts and should promote responsible information dissemination on pesticides and their uses. | 5.4 To avoid unjustified confusion and alarm among the public, public-sector groups should consider all available facts and try to distinguish between major differences in levels of risk among pesticides and uses. | |
| 5.5 In establishing production facilities of a suitable standard in developing countries, manufacturers and governments should cooperate to: | 5.5 In establishing production facilities in developing countries, manufacturers and governments should cooperate to: | |
| 5.5.1 adopt engineering standards and operating practices appropriate to the nature of the manufacturing operations and the hazards involved, and ensure the availability of appropriate protective equipment; | 5.5.1 adopt engineering standards and safe operating practices appropriate to the nature of the manufacturing operations and the hazards involved; | |
| 5.5.2 take all necessary precautions to protect workers, bystanders, surrounding communities and the environment; | 5.5.2 take all necessary precautions to protect the health and safety of operatives, bystanders and the environment; | |
| 5.5.3 ensure the proper siting of manufacturing and formulating plants and adequately control wastes and effluents; | - paragraph 5.5.3 in revised Code was part of paragraph 5.3 of old Code - | |
| 5.5.4 maintain quality-assurance procedures to ensure compliance with the relevant standards of purity, performance, stability and safety. | 5.5.3 maintain quality-assurance procedures to ensure that the products manufactured comply to the relevant standards of purity, performance, stability and safety. |
| Code of Conduct - 2001 revised version | Code of Conduct - 1989 amended version | |
| 6.1 Governments should: | 6.1 Governments should: | |
| 6.1.1 introduce the necessary legislation for the regulation of pesticides and make provisions for its effective enforcement, including the establishment of appropriate educational, advisory, extension and health-care services, using FAO guidelines as far as possible (2, 29, 30). In so doing, they should take full account of local needs, social and economic conditions, levels of literacy, climatic conditions and availability of appropriate pesticide application and personal protective equipment; | 6.1.1 take action to introduce the necessary legislation for the regulation, including registration, of pesticides and make provisions for its effective enforcement, including the establishment of appropriate educational, advisory, extension and health-care services; the FAO guidelines for the registration and control of pesticides should be followed, as far as possible, taking full account of local needs, social and economic conditions, levels of literacy, climatic conditions and availability of pesticide application equipment; | |
| 6.1.2 strive to establish pesticide registration schemes and infrastructures under which products can be registered prior to domestic use and ensure that each pesticide product is registered before it can be made available for use (29, 30, 31); | 6.1.2 strive to establish pesticide registration schemes and infrastructures under which products can be registered prior to domestic use and, accordingly, ensure that each pesticide product is registered under the laws or regulations of the country of use before it can be made available there: | |
| 6.1.3 conduct risk evaluations and make risk management decisions based on all available data or information, as part of the registration process; | - new paragraph in revised Code - | |
| 6.1.4 use the principles described in the FAO Manual on the Development of Pesticide Specifications for determining equivalence of pesticides (21); | - new paragraph in revised Code - | |
| 6.1.5 promote the advantages of, and cooperate with other governments in, the establishment of harmonized (regionally or by groups of countries) pesticide registration requirements, procedures and evaluation criteria, taking into account appropriate, internationally agreed technical guidelines and standards, and where possible incorporate these standards into national or regional legislation (32, 33); | - new paragraph in revised Code - | |
| 6.1.6 establish a re-registration procedure to ensure the periodic review of pesticides, thus ensuring that prompt and effective measures can be taken if new information or data on the performance or risks indicate that regulatory action is needed; | - new paragraph in revised Code - | |
| 6.1.7 without prejudice to the provisions of TRIPS3 (Article 39) relating to protection of undisclosed information (34): | 6.1.3 protect the proprietary rights to use of data; | |
| 6.1.7.1 when registering pesticides, prevent the use of data generated by one company to support the registration of another, unless by agreement with the owner of the data or unless an appropriate period of protection, as defined by national legislation, has expired; | - amended paragraphs in revised Code - | |
| 6.1.7.2 provide public access to information, particularly relating to human health and environmental safety, provided adequate steps are taken to prevent the use of unauthorized data to support the registration of the product of another company. | ||
| 6.1.8 improve regulations in relation to collecting and recording data on import, export, manufacture, formulation, quality and quantity of pesticides; | - new paragraph in revised Code - | |
| 6.1.9 collect and record data on the import, export, manufacture, formulation, quality, quantity and use of pesticides in order to assess the extent of any possible effects on human health or the environment, and to follow trends in pesticide use for economic and other purposes; | 6.1.4 collect and record data on the actual import, formulation and use of pesticides in each country in order to assess the extent of any possible effects on human health or the environment, and to follow trends in use levels for economic and other purposes. | |
| 6.1.10 permit pesticide application and personal protective equipment to be marketed only if they comply with established standards (5,8,9); | - new paragraph in revised Code - | |
| 6.1.11 detect and control illegal trade in pesticides; | - new paragraph in revised Code - | |
| 6.1.12 when importing food and agricultural commodities, recognize good agricultural practices in countries with which they trade and, in accordance with recommendations of the Codex Alimentarius Commission, establish a legal basis for the acceptance of pesticide residues resulting from such good agricultural practices (19, 20) in a manner that is consistent with the WTO4 requirements so as not to lead to technical barriers to trade. | - paragraph 6.1.12 in revised Code was paragraph 8.3 in old Code - | |
| 6.2 The pesticide industry should: | 6.2 The pesticides industry should: | |
| 6.2.1 provide an objective pesticide data assessment together with the necessary supporting data on each product, including sufficient data to support risk assessment and to allow a risk management decision to be made; | 6.2.1 provide an objective appraisal together with the necessary supporting data on each product; | |
| 6.2.2 provide national regulatory authorities with any new or updated information that could change the regulatory status of the pesticide, as soon as it becomes available; | - new paragraph in revised Code - | |
| 6.2.3 ensure that the active ingredient and other ingredients of pesticide products being marketed correspond in identity, quality, purity and composition to the substances tested, evaluated and cleared for toxicological and environmental acceptability; | 6.2.2 ensure that the active ingredient and other ingredients of pesticide preparations marketed correspond in identity, quality, purity and composition to the substances tested, evaluated and cleared for toxicological and environmental acceptability; | |
| 6.2.4 ensure that active ingredients, and formulated products for pesticides for which international specifications have been developed, conform with the relevant FAO specifications for agricultural pesticides (22), and with WHO pesticide specifications for public health pesticides (23); | 6.2.3 ensure that active ingredients and formulated products for pesticides for which international specifications have been developed conform with the specifications of FAO, where intended for use in agriculture; and with WHO pesticide specifications, where intended for use in public health; | |
| 6.2.5 verify the quality and purity of pesticides offered for sale; | 6.2.4 verify the quality and purity of the pesticides offered for sale; | |
| 6.2.6 when problems occur, voluntarily take corrective action and, when requested by governments, help find solutions to difficulties; | 6.2.5 when problems occur, voluntarily take corrective action, and when requested by governments, help find solutions to difficulties. | |
| 6.2.7 provide their national governments with clear and concise data on export, import, manufacture, formulation, sales, quality and quantity of pesticides. | - new paragraph in revised Code - | |
| 6.3 Technical assistance funding agencies, development banks and bilateral agencies should be encouraged to give high priority to requests for assistance from developing countries which do not yet have the facilities and expertise for pesticide management and control systems. | - new paragraph in revised Code - |
3 TRIPS : World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights
4 WTO : World Trade Organization
| Code of Conduct - 2001 revised version | Code of Conduct - 1989 amended version | |
| 7.1 Responsible authorities should give special attention to drafting rules and regulations on the availability of pesticides. These should be compatible with existing levels of user training and expertise. The parameters on which such decisions on availability are based vary widely and must be left to the discretion of each government; | 7.1 Responsible authorities should give special attention to drafting rules and regulations on the availability of pesticides. These should be compatible with existing levels of training and expertise in handling pesticides on the part of the intended users. The parameters on which such decisions are based vary widely and must be left to the discretion of each government, bearing in mind the situation prevailing in the country. | |
| 7.2 In addition, governments should take note of and, where appropriate, use the WHO classification of pesticides by hazard (35) as the basis for their regulatory measures and associate the hazard class with well-recognized hazard symbols. When determining the risk and degree of restriction appropriate to the product, the type of formulation and method of application should be taken into account. | 7.2 In addition, governments should take note of and, where appropriate, follow the WHO classifications of pesticides by hazard and associate the hazard class with well-recognized hazard symbols as the basis for their own regulatory measures. In any event, the type of formulation and method of application should be taken into account in determining the risk and degree of restriction appropriate to the product. | |
| 7.3 Two methods of restricting availability can be exercised by the responsible authority: not registering a product or, as a condition of registration, restricting the availability to certain groups of users in accordance with a national assessment of the hazards involved in the use of the product. | 7.3 Two methods of restricting availability can be exercised by the responsible authority: not registering a product; or, as a condition of registration, restricting the availability to certain groups of users in accordance with national assessments of hazards involved in the use of the product in the particular country. | |
| 7.4 Governments and industry should ensure that all pesticides made available to the general public are packaged and labelled in a manner which is consistent with the FAO guidelines on packaging and labelling (3) and with appropriate national regulations. | 7.4 All pesticides made available to the general public should be packaged and labelled in a manner which is consistent with the FAO guidelines on packaging and labelling and with appropriate national regulations. | |
| 7.5 Prohibition of the importation, sale and purchase of highly toxic and hazardous products, such as those included in WHO classes Ia and Ib (35), may be desirable if other control measures or good marketing practices are insufficient to ensure that the product can be handled with acceptable risk to the user. | 7.5 Prohibition of the importation, sale and purchase of an extremely toxic product may be desirable if control measures or good marketing practices are insufficient to ensure that the product can be used safely. However, this is a matter for decision in the light of national circumstances. |
| Code of Conduct - 2001 revised version | Code of Conduct - 1989 amended version | |
| 8.1 Governments should: | ||
| 8.1.1 develop regulations and implement licensing procedures relating to the sale of pesticides, so as to ensure that those involved are capable of providing buyers with sound advice on risk reduction and efficient use (26); | - new paragraph in revised Code - | |
| 8.1.2 take the necessary regulatory measures to prohibit the repackaging or decanting of any pesticide into food or beverage containers and rigidly enforce punitive measures that effectively deter such practices; | 8.2 Governments and responsible authorities should take the necessary regulatory measures to prohibit the repackaging, decanting or dispensing of any pesticide in food or beverage containers and should rigidly enforce punitive measures that effectively deter such practices. | |
| 8.1.3 encourage, to the extent possible, a market-driven supply process, as opposed to centralized purchasing, to reduce the potential for accumulation of excessive stocks. However, when governments or other agencies purchase pesticides, the procurement should be based on established FAO tender procedures for pesticides (4); | - new paragraph in revised Code - | |
| 8.1.4 ensure that any pesticide subsidies or donations do not lead to excessive or unjustified use which may divert interest from more sustainable alternative measures. | - new paragraph in revised Code - | |
| 8.2 Pesticide industry should: | 8.1 Industry should: | |
| - paragraphs 8.1.1 & 8.1.2 in old Code deleted in revised Code ; considered to be implicitly included in provisions of paragraphs 6.1 & 6.2 - | 8.1.1 test all pesticide products to evaluate safety with regard to human health and the environment prior to marketing, as provided for in Article 4, and ensure that all pesticide products are likewise adequately tested for efficacy and stability and crop tolerance, under procedures that will predict performance under the conditions prevailing in the region where the product is to be used, before they are offered there for sale; | |
| 8.1.2 submit the results of all such tests to the local responsible authority for independent evaluation and approval before the products enter trade channels in that country; | ||
| 8.2.1 take all necessary steps to ensure that pesticides entering international trade conform at least to: | 8.1.3 take all necessary steps to ensure that pesticides entering international trade conform to relevant FAO ,WHO, or equivalent specifications for composition and quality (where such specifications have been developed) and to the principles embodied in pertinent FAO guidelines, and in rules and regulations on classification and packaging, marketing, labelling and documentation laid down by international organizations concerned with modes of transport (ICAO, IMO, RID and IATA in particular);1 | |
| 8.2.1.1 relevant FAO (22), WHO (23) or equivalent specifications (where such specifications have been developed); | - paragraph 8.1.3 in old Code split up in sub-paragraphs (8.2.1.1 to 8.2.1.3) in revised Code - | |
| 8.2.1.2 principles embodied in relevant FAO guidelines on classification, packaging, marketing, labelling, procurement and documentation (3, 4, 26); | ||
| 8.2.1.3 rules and regulations laid down by the UN Recommendations on the Transport of Dangerous Goods (36), and by international organizations concerned with specific modes of transport (e.g. ICAO5, IMO6, RID7, ADR8 and IATA9). | ||
| 8.2.2 endeavour to ensure that pesticides manufactured for export are subject to the same quality requirements and standards as those applied to comparable domestic products; | 8.1.4 undertake to see that pesticides which are manufactured for export are subject to the same quality requirements and standards as those applied by the manufacturer to comparable domestic products; | |
| 8.2.3 ensure that pesticides manufactured or formulated by a subsidiary company meet appropriate quality requirements and standards. These should be consistent with the requirements of the host country and of the parent company; | 8.1.5 ensure that pesticides manufactured or formulated by a subsidiary company meet appropriate quality requirements and standards which should be consistent with the requirements of the host country and of the parent company; | |
| Code of Conduct - 2001 revised version | Code of Conduct - 1989 amended version | |
| 8.2.4 encourage importing agencies, national or regional formulators and their respective trade organizations to cooperate in order to achieve fair practices as well as marketing and distribution practices that reduce the risks posed by pesticides, and to collaborate with authorities in stamping out any malpractice within the industry; | 8.1.6 encourage importing agencies, national or regional formulators and their respective trade organizations to cooperate in order to achieve fair practices and safe marketing and distribution practices and to collaborate with authorities in stamping out any malpractice within the industry; | |
| 8.2.5 recognize that a pesticide may need to be recalled by a manufacturer and distributor when its use, as recommended, represents an unacceptable risk to human and animal health or the environment, and act accordingly; | 8.1.7 recognize that the recall of a pesticide by a manufacturer and distributor may be desirable when faced with a pesticide which represents an unacceptable hazard to human and animal health and the environment when used as recommended, and cooperate accordingly; | |
| 8.2.6 endeavour to ensure that pesticides are traded by and purchased from reputable traders, who should preferably be members of a recognized trade organization; | 8.1.8 endeavour to ensure that pesticides are traded by and purchased from reputable traders, who should preferably be members of a recognized trade organization; | |
| 8.2.7 ensure that persons involved in the sale of pesticides are trained adequately, hold appropriate government licences (where such licences exist) and have access to sufficient information, such as material safety data sheets, so that they are capable of providing buyers with advice on risk reduction and efficient use; | 8.1.9 see that persons involved in the sale of any pesticide are trained adequately to ensure that they are capable of providing the buyer with advice on safe and efficient use; | |
| 8.2.8 provide, consistent with national requirements, a range of pack sizes and types that are appropriate for the needs of small-scale farmers and other local users, in order to reduce risks and to discourage sellers from repackaging products in unlabelled or inappropriate containers. | 8.1.10 provide a range of pack sizes and types which are appropriate for the needs of small-scale farmers and other local users to avoid handling hazards and the risk that resellers will repackage products into unlabelled or inappropriate containers. | |
| 8.3 The procurer (government authority, growers' association, or individual farmer) should establish purchasing procedures to prevent the oversupply of pesticides and consider including requirements relating to extended pesticide storage, distribution and disposal services in a purchasing contract (4, 37). | - new paragraph in revised Code - | |
| - paragraph 8.3 in old Code has been moved to paragraph 6.1.12 in revised Code - | 8.3 Governments of countries importing food and agricultural commodities should recognize good agricultural practices in countries with which they trade and, in accordance with recommendations of the Codex Alimentarius Commission, should establish a legal basis for the acceptance of pesticide residues resulting from such good agricultural practices. |
5 ICAO : International Civil Aviation Organization
6 IMO : International Maritime Organization
7 RID : International Regulations concerning the Carriage of Dangerous Goods by Rail
8 ADR : European Agreement concerning the International Transport of Dangerous Goods by Road
9 IATA : International Air Transport Organization
| Code of Conduct - 2001 revised version | Code of Conduct - 1989 amended version | |
| 9.1 Governments should: | - new paragraphs in revised Code - | |
| 9.1.1 promote the establishment or strengthening of networks for information exchange on pesticides through national institutions, international, regional and sub-regional organizations and public sector groups; | ||
| 9.1.2 facilitate the exchange of information between regulatory authorities to strengthen cooperative efforts. The information to be exchanged should include: | ||
| 9.1.2.1 actions to ban or severely restrict a pesticide in order to protect human health or the environment, and additional information upon request; | ||
| 9.1.2.2 scientific, technical, economic, regulatory and legal information concerning pesticides including toxicological, environmental and safety data; | ||
| 9.1.2.3 the availability of resources and expertise associated with pesticide regulatory activities. | ||
| 9.2 In addition, governments are encouraged to develop: | ||
| 9.2.1 legislation and regulations that permit the provision of information to the public about pesticide risks and the regulatory process; | ||
| 9.2.2 administrative procedures to provide transparency and facilitate the participation of the public in the regulatory process. | ||
| 9.3 International organizations should provide information on specific pesticides (including guidance on methods of analysis) through the provision of criteria documents, fact sheets, training and other appropriate means (38). | - paragraph 9.3 in revised Code was paragraph 3.9 in old Code - | |
| 9.4 All parties should: | ||
| 9.4.1 support the process of information exchange and facilitate access to information regarding pesticide residues in food and related regulatory actions; | - new paragraphs in revised Code - | |
| 9.4.2 encourage collaboration between public sector groups, international organizations, governments and other interested stakeholders to ensure that countries are provided with the information they need to meet the objectives of the Code. | ||
| - All paragraphs 9.1 to 9.11 in old Code have been deleted, since provisions are now covered by the Rotterdam Convention - | 9.1 The government of any country that takes action to ban or severely restrict the use of handling of a pesticide in order to protect health or the environment should notify FAO as soon as possible of the action it has taken. FAO will notify the designated national authorities in other countries of the action of the notifying government. | |
| 9.2 The purpose of notification regarding control action is to give competent authorities in other countries the opportunity to assess the risks associated with the pesticides, and to make timely and informed decisions as to the importation and use of the pesticides concerned, after taking into account local, public health, economic, environmental and administrative conditions. The minimum information to be provided for this purpose should be: | ||
| 9.2.1 the identity (common name, distinguishing name and chemical name); | ||
| 9.2.2 a summary of the control action taken and of the reasons for it - if the control action bans or restricts certain uses but allows other uses, such information should be included: | ||
| 9.2.3 an indication of the additional information that Is available, and the name and address of the contact point in the country to which a request for further information should be addressed. | ||
| Information exchange among countries | ||
| 9.3 If export of a pesticide banned or severely restricted in the country of export occurs, the country of export should ensure that necessary steps are taken to provide the designated national authority of the country of import with relevant information. | ||
| 9.4 The purpose of information regarding exports is to remind the country of import of the original notification regarding control action and to alert it to the fact that an export is expected or is about to occur. The minimum information to be provided for this purpose should be: | ||
| 9.4.1 a copy of, or reference to, the information provided at the time of the notification of control action; | ||
| 9.4.2 indication that an export of the chemical concerned is expected or is about to occur. | ||
| 9.5 Provision of information regarding exports should take place at the time of the first export following the control action, and should recur in the case of any significant development of new information or condition surrounding the control action. It is the intention that the information should be provided prior to export | ||
| 9.6 The provision to individual countries of any additional information on the reasons for control actions taken by any country must take into account protection of any proprietary data from unauthorized use. | ||
| Prior Informed Consent | ||
| 9.7 Pesticides that are banned or severely restricted for reasons of health or the environment are subject to the Prior Informed Consent procedure. No pesticide in these categories should be exported to an importing country participating in the PIC procedure contrary to that country's decision made in accordance with the FAO operational procedures for PIC. | ||
| 9.8 FAO will: | ||
| 9.8.1 review notifications of control actions to ensure conformity with definitions in Article 2 of the Code, and will develop the relevant guidance documents; | ||
| 9.8.2 in cooperation with UNEP, develop and maintain a data base of control actions and decisions taken by all Member Governments; | ||
| 9.8.3 inform all designated national authorities and relevant international organizations of, and publicize in such form as may be appropriate, notifications received under Article 9.1 and decisions communicated to it regarding the use and importation of a pesticide that has been included in the PIC procedure; | ||
| 9.8.4 FAO will seek advice at regular intervals and review the criteria for inclusion of pesticides in the Prior Informed Consent procedure and the operation of the Prior Informed Consent scheme and will report to Member Governments on its findings. | ||
| 9.9 Governments of importing countries should establish internal procedures and designate the appropriate authority for the receipt and handling of information. | ||
| 9.10 Governments of importing countries participating in the PIC procedure, when advised by FAO of control action within this procedure, should: | ||
| 9.10.1 decide on future acceptability of that pesticide in their country and advise FAO as soon as that decision has been made; | ||
| 9.10.2 ensure that governmental measures or actions taken with regard to an imported pesticide for which information has been received are not more restrictive than those applied to the same pesticide produced domestically or imported from a country other than the one that supplied the information; | ||
| 9.10.3 ensure that such a decision is not used inconsistently with the provisions of the General Agreement on Tariffs and Trade (GATT). | ||
| 9.11 Governments of pesticide exporting countries should: | ||
| 9.11.1 advise their pesticide exporters and industry of the decisions of participating importing countries; | ||
| 9.11.2 take appropriate measures, within their authority and legislative competence, designed to ensure that exports do not occur contrary to the decision of participating importing countries. |
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