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Agricultural remedies are regulated under the Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act 36 of 1947), which falls under the mandate of the National Department of Agriculture (formerly the Department of Land Reform and Rural Development [DALRRD]). These products include not only conventional chemical pesticides, but any product claiming the “destruction, control, repelling, attraction or prevention” of a pest organism.
Therefore, even biological products such as predatory insects, parasitic wasps, plant extracts, entomopathogenic nematodes, bacteria, viruses, or even pheromone-based products that make these claims, must also be registered under the Act.
Why regulate agricultural remedies?
When an agricultural remedy is registered under Act 36 of 1947, the applicant has to provide a wealth of data to the Registrar of the Act in order to prove, among others, that the product is effective for the intended purpose, that it is safe to use on the intended crop, that the residues remaining on the crop at the time of harvest is safe for human or animal consumption, that the product does not cause undue harm to the environment, is within the declared specifications and remain viable during the shelf life claimed.
Consequently, when an agricultural remedy is registered in South Africa and sold to a producer, that producer can rest assured that the remedy was rigorously tested in respect of all these parameters.
Apart from providing the requirements for registration of an agricultural remedy in South Africa, the Act and its supporting regulations also govern other types of products (fertilisers, farm feeds, stock remedies) and services (acquisition, importation, sale and disposal of these products, as well as the registration of pest control operators and sterilising plants).
The most recent regulations published in support of the Act were promulgated on 25 August 2023 and are called the “regulations relating to agricultural remedies.” As the name suggests, these regulations are specific to the products defined in the Act as “agricultural remedies.”
As many observant producers would have noticed, these regulations (as well as regulatory changes promulgated by other state departments) have resulted in several recent changes affecting the layout of labels, the requirements for dealing with empty pesticide containers and obsolete stock, and likely the most important change, the availability of products.
The phasing out of HHPs
Highly hazardous pesticides (HHPs) are those that present particularly high levels of acute or chronic hazards to health or the environment. Many countries, including South Africa, are signatories to binding international conventions or agreements that aim to phase out HHPs and replace them with safer, less hazardous alternatives, with South Africa aiming to have all HHPs removed from the local market by 2035.
As part of this process, the regulations relating to agricultural remedies define two new types of products, namely substances of concern and restricted agricultural remedies. These two definitions encompass all products considered to be HHPs.
Substances of concern
These are products that pose chronic hazards to human health and are predominantly detrimental over long-term exposure, for example, substances that have the potential to cause cancer, genetic mutations, or detrimentally affect reproduction or the unborn child. Agricultural remedies meeting such criteria are currently being phased out of the South African market and will no longer be available after June 2025.
Only in exceptional circumstances, where there are no viable alternatives, may the registrar grant an approval of a remedy classified as a substance of concern for a specified period and for restricted uses. This is only possible when certain requirements are met (as stipulated in the regulations), and the registration holder conducts a risk assessment and makes the report available for public comment.
The Registrar of the Act will then review the data and evaluate whether a derogation is justified. Although some of these remedies may remain on the market for now, it is highly likely that these products will be completely removed over the next few years, and finding viable alternatives to replace them must be prioritised.
Some of the remedies affected by this new requirement that are registered for use on potatoes and for which registration holders have indicated that they intend to apply for a derogation include glufosinate ammonium and dimethomorph.
Products that will be discontinued include flurochloridone, linuron, and thiacloprid.
Restricted agricultural remedies
Restricted agricultural remedies, on the other hand, encompass products that are acutely toxic and may be fatal even after short-term exposure. The regulations relating to agricultural remedies, along with the pest control operator regulations, require that people buying and using these remedies be sufficiently trained and qualified to do so safely, and thus be registered as PCOs. To register as a PCO, a person must apply to the National Department of Agriculture with proof of certain qualifications and practical experience.
Some of the remedies affected by this new requirement that are registered for use on potatoes include alachlor, cadusafos, carbofuran, chlorothalonil, fenamiphos, methamidophos, methomyl, oxamyl, terbufos, and paraquat. In most cases, the classification of a product as a restricted agricultural remedy will depend on the hazard classification of the entire formulation and not just the active ingredient, and producers will have to consult the agricultural remedy label to confirm restrictions.
Change is the only constant
Although change is uncomfortable, these new regulations are necessary to safeguard the health, safety, and environment of all South African citizens, in line with our Constitution. The current restrictions on use are measures put in place to extend the availability of these remedies to South African producers while investigating options for safer, viable alternatives.
On the positive side, the regulations also make provision for the registrar to prioritise the registration of viable alternatives to replace affected remedies, and to expedite the registration of remedies that are considered low risk. It will be up to all stakeholders in the agricultural sector to adapt and proactively seek alternatives to address these gaps, ensuring a thriving agricultural economy and food security. – Roleen la Grange, regulatory manager, CropLife
For more information, contact the author at roleen@croplife.co.za.