https://dailyasianage.com/news/156345/confusions-over-preservative-and-pesticide
EDEN BUILDING TO STOCK EXCHANGE Published: 12:18 AM, 30 December 2018
Confusions over preservative and pesticide M S Siddiqui The Pesticides Act 2018 has been passed by the Parliament with a preamble that Pesticides are sensitive to agriculture; again Pesticides are applied to increase the production. The optimum use of Pesticide in agriculture is the target of this law. The law imposed conditions on import, production,sales, distribution, use and other related issues. The law authorized Plant Protection Wing of Agricultural Extension Department of Government of Bangladesh for issuing of respective license to importers, manufacturers and distributors. Pesticides or Insecticides or Herbicides are chemicals substances that may be used to kill fungus, bacteria, insects, plant diseases, snails, slugs, or weeds among others and wild plants and unwanted organisms. These chemicals can work by ingestion or touch and death may occur immediately or over a long period of time. Insecticides are a type of pesticide that is used to specifically target and kill insects. Some insecticides include snail bait, ant killer, and wasp killer. Herbicides are used to kill undesirable plants or "weeds". Some herbicides will kill all the plants they touch, while others are designed to target one species. WHO defined "Pesticides are chemical compounds that are used to kill pests, including insects, rodents, fungi and unwanted plants (weeds). Pesticides are used in public health to kill vectors of disease, such as mosquitoes, and in agriculture, to kill pests that damage crops. By their nature, pesticides are potentially toxic to other organisms, including humans, and need to be used safely and disposed of properly". According to definition, many household products are pesticides, including cockroach sprays, mosquito repellents, rat baits, kitchen and bathroom disinfectants, products that kill mold and mildew and many lawn-and-garden and swimming pool chemicals. The Bangladesh law has given a definition of Pesticides in clause no 2 (12) as "Pesticides are materials or mixed of materials, which active directly or indirectly to resist, destroy, remission, derive way or control the insects, fungus, bacteria, nematodes, virus, virus or animals like rats etc. The definition of will not include substances mentioned in the Drugs Act, 1940. The import of Pesticides is to be regulated by Import Policy order of the government (Section 15). The Import Policy order 2015-18 (page 79) under H. S Heading numbers 38.08 has imposed ban and restricted on followings (a) Pesticides and Insecticides namely Heptachlore-40, WP, DDT, Bidrin Brand in the generic name: Dicrotopes, Methyl Bromide, Chlorden-40, WP and Daildrin are banned.
But all other goods classifiable under this heading are importable subject to the certain conditions as mentioned below:- (a) Importable subject to the prescribed conditions at para 25(14) of the order. (b) The Deltramethrine of synthetic pyrithroid group shall be importable with the prior permission of the Ministry of Commerce. (c) Pesticides and Insecticides of the Synthetic Pyrithroid group i.e. (1) Cyhalothrin, (2) Cypermethrin, (3) Cyfluthrin, (4) Fenvelarate: (5) Alpha Cypermethrin, (6) Es-Fenvalarate, (7) Deltanethrin. (8) Danitol 10 EC (Fenpropathrin) may be imported by fulfilling certain conditions. The Agricultural extension directorate shall be communicated and monitored by them. There are difference between Pesticides and preservatives. Pesticide kills some organisms to protect mostly agricultural products but preservative preserved the certain organism to protect industrials products manufacture with water content. Typically Paints, Cosmetics and adhesive are common product preserved with preservatives. According to Wikipedia: A preservative is a substance or a chemical that is added to products such as food, beverages, pharmaceutical drugs, paints, biological samples, cosmetics, wood, and many other products to prevent decomposition by microbial growth or by undesirable chemical changes. In general, preservation is implemented in two modes, chemical and physical. Chemical preservation entails adding chemical compounds to the product. Physical preservation entails processes such as refrigeration or drying. Preservative food additives reduce the risk of foodborne infections, decrease microbial spoilage, and preserve fresh attributes and nutritional quality. Some physical techniques for food preservation include dehydration, UV-C radiation, freeze-drying, and refrigeration. Chemical preservation and physical preservation techniques are sometimes combined. There are many suppliers of preservatives into Bangladesh and for example Thor Specialty Chemical Ltd marketing preservatives under trade names contains some ingredients. These ingredients are not fall under banned list or restricted list of Import policy order of Bangladesh government. Their products under different trade names and active ingredients are: ACTICIDE HF contains: 5chloro-2-methyl-4-isothiazolin-3-one (CIT), 2-methyl-4- isothiazolin-3-one (MIT) and formaldehyde. ACTICIDE EPW contains: benzimidazolecarbamate, 2-n-octyl-4-isothiazolin-3-one (OIT) and a urea derivative, ACTOCODE is a water based formulation of 2-methyl-4-isothiazolin-3-one (MIT) and 1,2benzisothiazolin -3-one (BIT). ACTICIDE DCX 30 have Active Ingredients: 4, 5-dichloro-2-n-octyl-4isothiazoli -3-one (DCOIT) in xylene, ACTICIDE SPX has active Ingredients: 5-chloro-2-methyl-4isothiazolin-3-one (CIT) and 2-methyl-4-isothiazolin-3-one (MIT), MICROCARE PM5 has active Ingredients: 2-phenoxyethanol Methyl 4-hydroxybenzoate Ethyl 4-hydroxybenzoate Butyl 4hydroxybenzoate Isobutyl 4-hydroxybenzoate Propyl 4-hydroxybenzoate, MICROCARE ITO active Ingredients: 5-Chloro-2-methyl-isothiazol-3(2H)-one2-Methylisothiazol-3(2H)-one. ACTICIDE IOG is a fungicide based on 3-iodo-2 propinylbutylcarbamate (IPBC) and ACTICIDE 14 is a Preservatives based on isothiazolones. But importers are facing obstacle at customs point during import of similar preservatives. Not only in Bangladesh, there are confusions over Pesticide and Preservative throughout the world. European Union is very concerned of preservatives. Accordingly France has undertaken an extensive study on preservatives of two multinational companies Thor Specialty Chemical and Dow Chemicals.
In accordance with the provisions of Article 3 paragraph 2 of that Regulation, France was designated as Reporter Member State to carry out the assessment of C(M)IT/MIT on the basis of the dossier submitted by the applicant. The deadline for submission of a complete dossier for C(M)IT/MIT as an active substance in product-type 6 was the 31st of July 2007, in accordance with Article 9 paragraph 2 of Regulation (EC) No 1451/2007. On the 15th of June 2007 and on the 31st of July 2007, the French competent authority received a dossier from Dow and Thor, respectively. France accepted the dossier as complete for the purpose of the evaluation, taking into account the supported uses, and confirmed the acceptance of this dossier on the 5th of February 2008. The aim of the Competent Authority report is to support a decision on the approval of C(M)IT/MIT for product-type 6, and should it be approved, to facilitate the authorization of individual biocidal products in product-type 6 that contain C(M)IT/MIT. In order to review the competent authority report and the comments received on it, consultations of technical experts from all Member States (peer review) were organized by the Agency. Revisions agreed upon were presented at the Biocidal Products Committee and its Working Groups meetings and the competent authority report was amended accordingly. The relevant authority under taken and extensive evaluation of the active substance C(M)IT/MIT: 5chloro-2-methylisothiazol-3(2H)-one (C(M)IT) and 2-methylisothiazol-3 (2H)-one (MIT) in ratio (3:1), with CAS Nr. 26172-55-4 for C(M)IT,2682-20-4 for MIT and 55965-84-9 for the mixture, as producttype 6 (preservatives for products during storage), carried out in the context of the work program for the review of existing active substances provided for in Article 16(2) of Directive 98/8/EC concerning the placing of biocidal products on the market. The evaluation has therefore been conducted to determine whether it may be expected, in light of the common principles laid down in Annex VI to Directive 98/8/EC, that there are products in product-type 6 containing C(M)IT/MIT that will fulfill the requirements laid down in Article 5(1) b), c) and d) of that Directive. The active substance is manufactured as a technical concentrate (TK) with different solvents and stabilizers. The minimum purity of the technical material (TC) has been theoretically calculated based on the composition of the solutions. The different solutions have been assessed and four are acceptable and proposed as reference source with a minimum purity for the TC of: 57.9% of C(M)IT/MIT 3:1 in dry weight. Validated methods for analysis of residues of C(M)IT and MIT in soil and sediments, air, drinking and surface water and simulated food have been provided. A confirmation method for the determination of C(M)IT/MIT in soil is missing however due to the rapid degradation of C(M)IT and MIT in soil, the confirmatory method is not required. On 27th of November 2012, the Rapporteur Member State submitted to the Commission, the applicants and the others members states a copy of the evaluation report, hereafter referred to as the competent authority report (CAR). Finally has Regulation No: 528/2012 concerning the making available on the market and use of biocide products (preservatives) giving test report to incorporate the rule allowing import of industrial preservatives under national law of the member countries.. The products under trade name of ACTICIDE of Thor and KATHON of Dow and similar products are acceptable market and use in the different products in Europe. But Bangladesh importers are facing lots of obstacle during import of these preservatives.
Bangladesh customs department asks the importer for registration and prior approval of Plant Protection department of Agricultural Extension Directorate. But upon application, the AE Directorate was not willing to issue permission since industrial preservatives are not made of harmful ingredients like Pesticides and not useable in agriculture production. These products are not under the preview of Pesticide law and scope of evaluation by Plant protection department of Agricultural Extension Directorate of Bangladesh. The Cosmetics, Paints, leather and some other industries are facing odds to import these essential raw materials. Preservatives are not banned or restricted as per Pesticide Act 2018and these preservatives are not made of restricted ingredients. Pesticide and Preservative are not same products. It may resolve with a clarification of Ministry of Commerce or National Board of Revenue that industrial preservatives having CIT and MIT etc are not Pesticide and import are not banned or restricted as per Pesticide law and import policy order of the government. The writer is a Legal Economist. Email: mssiddiqui2035@gmail.com