Pesticide Regulations Part-1: What is the Right Approach in Post-COVID-era?

Pesticide Regulations Part-1

What is the Right Approach for Food Security & Safety in Post-COVID-era?

By:

Vijay SARDANA

Advocate, Delhi High Court and

Techno-legal Expert on Agribusiness

& Consumer Products Industries

&

Priyanka Sardana

Advocate, Supreme Court of India

& 

Aastha Sardana

Researcher on Legal Matters

While working on Seed Laws, we came across various recent controversies around the existing Pesticide Act and also, proposed new Pesticide Management Bill and the recent order of banning 27 pesticides. 

We decided to address this vital subject in a wider national and international context because this blog is read in many countries of the world.

Food Security is vital for society. At the same time, food must be safe. About 30 to 50% of food is lost or wasted due to various insects, pests and weeds. At the same time, we should keep in mind that like medicine, pesticides are also functional chemicals and misuse may impact health and life the way it happens in the case of misuse of any medicines.

This opens up a fundamental question: what should be our approach towards pesticides? 

In our series of articles on this vital subject of Pesticide Management Regulation, as a techno-legal advisor and lawyers with specialization on techno-legal matters and techno-commercial matters, we will try to address all the issue in a very objective and unbiased manner.

Recent Developments and Pesticides in Post-COVID-era:

Two recent developments will force us to think about our future and approach towards regulations, prohibition, research and new developments.

Lessons from Two Recent Developments:

1. COVID-19 Virus and its control or treatment:

During COVID-19, not a single new research came handy to control this deadly virus, which has affected more than 5 million people worldwide. The most powerful countries and the companies investing heavily on research in medicine for the discovery of new molecules are clueless about how to control COVID-19 virus. The most effective medicine which came to rescue of the health services is the age-old hydroxychloroquine (HCQ). This medicine was actually abandoned by the western world under the pressure of companies willing to promote their expensive newly-patented molecule by pushing low-cost generic medicines. The President of USA was forced to asked Prime Minister of India to send generic medicines because patented medicines were not able to address the challenges at hand. Even alternate medicines and therapies are also not showing any promising results. This clearly indicates we must have a comprehensive view of everything we do because unexpected developments may need unconventional pearls of wisdom which may be outdated in the minds of few people. 

2. Locust Attack on crops in South Asia:

Large tracks of standing crops were destroyed by locust attack and this has created serious food security and livelihood security challenges for farmers and society in the affected area. To control the locust attack, no patented pesticide was effective. The most effective options were again generic chemicals like Chlorpyrifos, due to various reasons and in an emergency. Where are the organic pesticides to control locust attack? Where are the methods in control of locust? Now, this chemical is in the banned list as per the draft order.

Such situations will keep emerging and we have limited control on such emergencies. Now, the issue is how to ensure availability when they will be required to manage crisis and products are not available because no one is manufacturing, due to restrictions imposed in the law.

Thos need careful analysis and planning.

Policy Makers, please beware of "Conflict of Interests" in consultative meetings:

These two parallel incidences expose the weaknesses in our way of thinking and governance of the commercial world. This becomes more complex when various lobbies push their agenda for their commercial gains through the regulatory system. 

As the technol-legal team, we would like to caution the policymakers to be careful while working on regulations:

1. Every new innovation may not be better than the old product. 

2. Innovation and patented does not guarantee the usefulness and effectiveness of the new product. 

3. New technologies help in improving product performance and quality of life. These must be adopted on their own merit.

4. Every incidences and product should be evaluated based on its merit.

5. In the commercial world, the human weakness of greed is a big motivator. Many unethical people and vested interests have a tendency to manipulate data and records. Do we have a reliable system to cross-verify the facts and data submitted for approval or registration?

6. Actively educate society on how to differential between good and bad products. So that better options are prefered. Digital media can be used effectively.

Why "Conflict of Interests" issues should be addressed?

Please also be clear that due to commercial reasons provided data may also be manipulated. Delayed and manipulated data of COVID-19 outbreak, the role of Cholesterol, DDT, Mustard oil and its health effect all were projected for commercial reasons. With time it is becoming clear that as a society, we were fooled by so-called experts supported by commercial agenda those who pushed these data. The whole world has to pay the price. After learning from these blunders, OECD has created a detailed protocol to address the problems created by "CONFLICT OF INTERESTS".

What will happen now, in COVID-19 situation, one lobby will ay hydroxychloroquine is not effective based on their studies and on the other hand Indian doctors are finding it useful. 

Similarly, many will say Chlorpyrifos toxicity will destroy the economy.

No one is saying the above-mentioned example is the ideal solution, but in the given situation they are the best options. These issues will be converted into controversy and will be fuelled by the conflict of interest.  

Therefore, to have fair and open discussions on all policy matters, India must pass a law and regulatory framework to avoid "Conflict of Interests" in the decision-making process. We want to know who is representing whom? Even official members may have financial relations with sponsors in some other activity? 

What should be the approach for reviewing pesticides?

The regulatory framework for the control of pesticides should encompass the set of different types of legislation governing the management of pesticides.

Besides pesticide legislation, this may, for instance, include legislation on:

• environmental protection, 
• public health, 
• occupational health, 
• water, 
• food safety, 
• wildlife, 
• marine protection, 
• plant protection and 
• general chemicals management. 
• obligations under international instruments.

Pesticide legislation will remain controversial hence needs careful thinking:

Pesticide legislation refers to legal instruments specifically designed to control pesticides. 
Under the Indian legal system the term, pesticide legislation will be in two parts.

1. The Primary legal instrument: Law, Act or Ordinance.

The Pesticide Law, or similar primary instrument, provides the core part of the pesticide legislation. It establishes principles, mandates and responsibilities. Its adoption generally involves parliamentary approval.  

2. Secondary or Subsidiary instruments: Regulations, Decrees, Rules or Notices to ensure proper enforcement. 

Pesticide Regulations, or other secondary legislation (also referred to as subsidiary legislation or implementing legislation), further, regulate specific areas of the Pesticide Law in greater detail.

Why Controversies Emerge?

In coming articles, we will discuss this vital aspect and how to minimize them in the field of pesticides. There are many critical aspects of pesticide laws and regulations, we will cover all those issues one by one.

Meanwhile, you may send you feedback to us.

Proposed Seed Bill

You may also like to read our analysis of Proposed Seed Bill, please search the blog by typing the Seed Bill.

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