Lok Sabha Question No. 4079 (UNSTARRED), answered on 2018-03-20
Subject: Licence for Sale of Pesticide and Fertilizer
Ministry: AGRICULTURE AND FARMERS WELFARE
Asked by: KUNWAR HARIBANSH SINGH, GAJANAN CHANDRAKANT KIRTIKAR, BIDYUT BARAN MAHATO, ANWHAR RAAJHAA, T. RADHAKRISHNAN, NARANBHAI KACHHADIA, ASHOK SHANKARRAO CHAVAN, VIJAY KUMAR S.R.

## GOVERNMENT OF INDIA MINISTRY OF AGRICULTURE AND FARMERS WELFARE DEPARTMENT OF AGRICULTURE, COOPERATION AND FARMERS WELFARE

## LOK  SABHA UNSTARRED QUESTION NO.4079

TO BE ANSWERED ON THE  20 TH  MARCH, 2018

## LICENCE FOR SALE OF PESTICIDE AND FERTILIZER

## 4079.  KUNWAR HARIBANSH SINGH:

SHRI GAJANAN KIRTIKAR:

SHRI BIDYUT BARAN MAHATO:

SHRI A. ANWHAR RAAJHAA:

SHRI T. RADHAKRISHNAN:

SHRI NARANBHAI KACHHADIYA:

SHRI ASHOK SHANKARRAO CHAVAN:

SHRI S.R. VIJAYAKUMAR:

Will  the  Minister  of  AGRICULTURE  AND  FARMERS  WELFARE      ‡ãðŠãäÓã एवं  कसान कयाण ½ãâ¨ããè be pleased to state:

- (a) whether  the  Government  has  issued  dealer  licence  for  sale  of  pesticides  and fertilizers in the country;
- (b) if so, the criteria fixed by the Government for issue of such licences;
- (c) whether the Government  has  received representations from the people's representatives to relax the criteria such as compulsory education;
- (d) if so, the details thereof and the response of the Government thereto; and
- (e) the  steps  taken/being  taken  by  the  Government  to  provide  superior  quality fertilizers and pesticides to the farmers of the country?

## ANSWER

MINISTER OF  STATE IN THE  MINISTRY OF  AGRICULTURE AND  FARMERS  WELFARE

‡ãðŠãäÓã एवं  कसान  कयाण ½ãâ¨ããÊã¾ã  ½ãñâ  Àã·¾ã  ½ãâ¨ããè (  SHRI PARSHOTTAM RUPALA)

- (a): As per the provisions of the Insecticides Act, 1968 and Fertiliser Control Order, 1985 the issuance of dealer license for sale of pesticides and fertilisers falls within the domain of State Governments respectively.
- (b): The  Central  Government  vide  notification,  GSR  106(E),  dated  01.02.2017  has amended sub rule (1A) of Rule 10 of The Insecticides Rule 1971 as under: -

Person who applies for the grant of  license  to  sell,  stock  or  exhibit  for  sale  or distribute insecticides shall possess or employ a person possessing a graduate degree in Agricultural Sciences or Biochemistry or Biotechnology or Life Sciences or in Science with  Chemistry  or  Botany  or  Zoology  from  a  recognized  university  or  Institute  or  one year  diploma  course  in  Agriculture  or Horticulture or  related  subjects  from  any government  recognised  university  or  institute  with  course  content  on  plant  protection and pesticides management.

All the new entrant dealers/retailers need to have above mentioned qualifications.  However,  for  the  existing  dealers/retailers  a  period  of  two  years  have been given to comply with the said qualifications.

Clause 8 (4) of the fertilizer control Order, 1985 stipulates that no authorization letter shall be granted to any applicant under this order unless the applicant possess the following qualification:

- i. Bachelor of Science in Agriculture from recognized University or Institute; or
- ii. Bachelor of Science in Chemistry from recognized University or Institute; or
- iii. Diploma in Agriculture Science from recognized University or Institute; or
- iv. Certificate  Course  on  agri  input  for  a  minimum  period  of  six  months  from National Institute of Agricultural Extension Management (MANAGE), National Institute  of  Plant  Health  Management  and  other  Government  approved institute.

Provided  that  the  dealers,  who  have  been  granted  authorization  letter  before commencement  of  Fertiliser  (Control)  Fourth  Amendment  Order,  2015  shall  not  be required to possess the qualification at the time of renewal of authorization letter.

Provided  further  that  the  said  qualifications  shall  not  be  applicable  to  the registered Cooperative Society and State Marketing Federation but they shall engage a person with above qualification.

(c) & (d): The Department of Agriculture, Cooperation and Farmers Welfare (DAC&FW) vide  Notification, GSR 106(E), dated 01.02.2017 provided that the existing licensee of pesticides, who are more than forty-five years of age and who have been running  their  trade  either  themselves  or  have  inherited  with  cumulative  period  of experience  of  more  than  ten  years  as  on  the  date  of  publication  of  these  rules  as amended  by  The  Insecticides  (Second  Amendment)  Rules,  2017  and  the  annual turnover is less than Rs. five lakh are exempted from the aforesaid rule for a period of licenceship continuing in their name.

Further,  the  Government of  India  has allowed  all the  disciplines  of  Bachelor  of Science in Agriculture for obtaining the authorization letter for dealer license for sale of fertilizer.  Also the Government of India has clarified to the states that the educational qualification is not required to be possessed by the persons engaged in the business of selling of fertilizer as wholesaler and as manufacturer.  It is required only for the retail business.

(e): The Registration Committee, constituted under Section 5 of the Insecticides Act, 1968  registers  pesticides  after  considering  its  efficacy  and  safety  to  human  beings, animals and environment. In additions, technical reviews are carried  out from time to time  to  assess  the  safety  of  pesticides  for  their  continued  use.  Further,  monitoring  of quality of pesticides is a shared responsibility between  the Central and State Governments. Central Government and State Governments have notified Insecticides Inspectors  to  check  sale  of  misbranded  pesticides.  Insecticide  samples  are drawn  on regular basis and analyzed in 69 State Pesticides Testing Laboratories (SPTLs) and at the two Regional Pesticides Testing Laboratories at Chandigarh and Kanpur. Action is initiated under the provisions of the Insecticides Act, 1968 against those samples which are found misbranded.

The fertilizer has been declared as an Essential Commodity under the Essential Commodities Act, 1955. The Government of India has promulgated the Fertilizer Control Order  (FCO),  1985  to  regulate  the  quality  of  fertilizer.  The  specifications  of  all  the fertilizer are prescribed in Schedule I, III, IV and V of FCO, 1985. Clause 19 of the FCO, 1985, strictly prohibits the sale of fertilizer which are not of the standards prescribed in FCO, 1985. The State Governments are adequately empowered to take administrative and penal action against the violation of provisions of FCO, 1985. There are 82 fertilizer testing laboratories in the country to check the quality of fertilizer.

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