Import of Pesticides - Common order dated 05.09.2013 passed by Hon'ble Gujarat High Court in various Civil Applications - Reg. - Customs - 10/2014

OFFICE OF THE COMMISSIONER OF CUSTOMS P.B.NO.5400, C R BUILDING, QUEEN'S ROAD, BANGALORE - 560 001 C. No. VIII/48/69/2012 Cus Tech PUBLIC NOTICE NO. 10/2014 DATED 24.04.2014 Sub: Import of Pesticides - Common order dated 05.09.2013 passed by Hon'ble Gujarat High Court in various Civil Applications - Reg. Attention of Trade and Industry 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, wherein the contention of the appellants was 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 as well as technical grade in the Insecticide Act, 1968. 2. As per the order dated 05.09.2013 passed by the Hon'ble High Court of Gujarat, even in case of import of formulations its technical grade/material will have to 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 probable effect on the soil and human life. 3. The Board, in consultation with Department of Agriculture and Co-operation, Ministry of Agriculture, has examined the orders passed by the Hon'ble High Court of Gujarat and vide Circular No.7/2014 dt 07.03.2014 desired that all the field formations should strictly comply with the orders of the Hon'ble High Court in this regard. It may be ensured 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 human safety 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 Storage, NH-IV, Faridabad-121001. (Sandeep Prakash) Commissioner