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       AGROCHEMICALS

       Legal clarity needed on responsibility for MRL adherence

       in pesticides: CCFI

          The Food Safety and Standards  to the minimum period that  must  Key policy recommendations
       Authority of India (FSSAI), under the  elapse between the last pesticide   The Crop Care Federation of India
       Ministry of Health and Family Welfare,  application and crop harvest. This inter-  (CCFI) has called for joint action by the
       recently organised a National Stake-  val ensures that pesticide residues on  Central Insecticides Board & Registra-
       holder Consultation on Challenges in  produce remain within safe limits for  tion Committee (CIB&RC) and FSSAI
       Monitoring Pesticide Residue in Food  human consumption. PHI is crucial  to address regulatory gaps. Many crops,
       Commodities in New Delhi.         as it allows enough time for pesti-  such as papaya, pearl  millet  (ragi),
                                         cide residues to break down naturally,  drumstick, and curry leaves, lack
          Recognising the importance of the  reducing the risk of MRL violations.  offi cially registered pesticides or estab-
       event, the Crop Care Federation of  Strict adherence to PHI can prevent  lished MRLs.  When these crops face
       India (CCFI) presented a position paper  export rejections due to excessive  pest infestations, farmers have no clear
       to Dr.  Alka Rao,  Advisor (Science,  pesticide residues. Ensuring compli-  guidance on  pesticide use,  potentially
       Standards, and Regulations), National  ance benefi ts farmers, exporters, and  leading to non-compliance  with food
       Codex – SPS Contact Point, FSSAI,  the agricultural trade by maintaining  safety norms.  The long-pending  crop
       highlighting critical concerns affect-  product integrity and market accep-  grouping  initiative,  fi rst  proposed  in
       ing the pesticide industry.       tance.                           2015, has yet to be implemented, leaving
                                                                          MRL determinations incomplete.
       Legal framework governing           “Farmers must be made aware of
       pesticide use                     the importance of PHI. Proper imple-  According to CCFI,  FSSAI  must
          Section 38(1)(a) of the Insecti-  mentation  can  signifi cantly  reduce  ensure that sanitary and phytosanitary
       cides Act, 1968, explicitly states that  pesticide residue violations, ensur-  (SPS) measures apply equally to both
       the Act does not regulate the use of  ing food safety and enhancing India’s  domestic and imported food/feed com-
       insecticides by individuals on their own  global agricultural trade reputation,”  modities, as per the WTO’s SPS Agree-
       cultivated  land. Similarly,  the Food  said Ms. Pathrawal.        ment. Countries such as the EU and the
       Safety and Standards (FSS) Act does                                USA frequently reject Indian exports
       not impose legal control over pesticide  Role of FSSAI             over MRL violations, whereas there
       use  by  farmers  on  their  own  fi elds.   Pesticide  residues  are  classifi ed  is no record  of FSSAI rejecting any
       This legal gap raises the question of  as crop contaminants under the Food  imported food/feed product for similar
       who holds responsibility for adhering  Safety and Standards (Contaminants,  concerns.  This raises concerns about
       to Maximum Residue Limits (MRLs).  Toxins, and Residues) Regulations,  inconsistent regulatory enforcement.
                                         2011. These are substances not inten-
          Ms. Nirmala Pathrawal, Executive  tionally added to food but present  Greater awareness
       Director, CCFI, emphasised the need  due to agricultural or environmental   During the consultation, CCFI
       for legal clarity, stating, “The existing  factors.                emphasised the need to educate stake-
       regulatory framework does not clearly                              holders about PHI  and its role in
       defi ne  who  is  responsible  for  ensur-  Additionally, Section 18(3) of  ensuring food safety and compliance
       ing  MRL  compliance  –  farmers, tra-  the FSS Act, 2006, exempts farming  with MRLs. “A collaborative approach
       ders, or regulatory authorities.  With-  operations, crops,  and farm-level pro-  between  policymakers,  regulators,
       out clear accountability, both domestic  duce from its provisions. This means  and industry stakeholders is crucial to
       food safety and export standards are  that standing crops in fi elds, whether  ensure  a  robust, fair, and  transparent
       at risk.”                         pre- or post-harvest, are not classifi ed  system for monitoring  pesticide  resi-
                                         as food under the FSS Act. Food safety  dues.  We must bridge the regulatory
       Understanding the pre-harvest     inspectors have no legal authority to  gaps to safeguard both consumer health
       interval (PHI)                    collect crop samples directly from  and farmer interests,” Ms.  Pathrawal
          Pre-harvest interval (PHI) refers  farmers’ fi elds.             concluded.


       138                                                                     Chemical Weekly  March 4, 2025


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