Pesticide Import Must Go through Technical Grade
Testing for Customs Clearance
Customs Follow Guj
High Court Order
[CBEC Circular No. 07 dated 7th March 2014]
Subject:- Import of Pesticides –Common Order dated 05.09.2013
passed by Hon’ble Gujarat High Court in various Civil
Applications.
Attention is invited to the
Common order dated 05.09.2013 passed by Hon’ble
Gujarat High Court in Special Civil Application no. 7928 of 2011 with Civil
Application No. 8064 of 2013, and connected issues. The main contention in the
said case is that the imports of formulation is being allowed without any
technical grade verification and are granted exemption without registering its
technical grade material whereas the indigenous manufacturers are required to
undergo rigorous testing for the purpose of formulations well as well as
technical grade in the Insecticide Act, 1968.
2. The Court passed the order dated 05.09.2013, inter alia, stating that even in case of
import of formulations its technical grade/material will be tested and actual
physical sample of such technical grade of each consignment when it is imported
will have to be provided by the importer which will be subjected to all the rigours of the tests applicable to the indigenous
manufacturer like the examination of chemical composition, test with regard to
bio efficacy and human safety as well as its probable effect on the soil and
human life.
3. The matter has been examined in
consultation with Department of Agriculture and Cooperation, Ministry of Agriculture.
Accordingly, Board desires that direction of Hon’ble
High Court of Gujarat should be strictly complied with by the field formations.
The Commissioner of Customs concerned should ensure that in case of import of
formulations, samples of its technical grade/material is tested. For this purpose actual
physical sample of such technical grade of each consignment has to be provided
by the importer which will be subjected to all tests applicable to the
indigenous manufacturer such as the examination of chemical composition, test
with regard to bio efficacy and humansafety as well
as its probable effect on the soil and human life.
4. Any difficulty in
implementation of these directives should be brought to the notice of the Plant
Protection Advisor, Directorate of Plant Protection Quarantine and Storage,
NH-IV, Faridabad-121001.
5. Suitable Public Notice may be
issued for guidance of the trade.
F. No. 450/23/2014-Cus-IV