4.1. On the registration of a natural or legal person:
4.1.1. Any natural or legal person who wishes to import, export, re-export, produce, repack, refill and market, invertebrate organisms for agricultural use, or to carry out research for product registration purposes, must be registered with the SFE(*) according to the provisions of this Regulation.
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.1.2. For the registration process, the interested party must fill out the registration form (Annex 1) and submit it to the Registration Program of the SFE(*) with the following information and/or documentation:
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") a) Certification of the current legal status.
- b)Original for comparison or certified copy of the current legal identification card.
- c)Express indication and qualifications of the authorized technical manager and his/her registration with the College of Engineers, indicating the membership number and a photocopy of the technical manager's identity card.
- d)Information or data on the company's registration with the College of Agronomic Engineers.
- e)Authorized signatures for procedures in the Registry.
4.1.3. The SFE(*) shall have a maximum period of ten business days to approve or reject the application.
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.2. On the registration of the commercial product:
4.2.1. Every commercial product of an invertebrate organism for agricultural use that is marketed and/or produced in the country must be registered with the SFE(*).
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.2.2. For the registration process of invertebrate organisms for agricultural use, the natural or legal person must submit a written application to the SFE(*) and the following information:
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.2.2.1. Registrant data a) Name of the natural or legal person requesting the registration.
- b)Qualifications and generalities of the company representative.
- c)Qualifications and generalities of the agricultural technical manager, indicating the membership number.
- d)Place to hear notifications.
- e)Signatures of the legal representative and agricultural technical manager endorsing the information.
4.2.2.2. Commercial product data a) Trade name of the product.
- b)Scientific name of the Invertebrate Organism for Agricultural Use.
- c)Name of the manufacturer and country of origin.
- d)Type of action and class (parasitoid, predator, pollinator, mutualist/ nematicide, acaricide, insecticide, fungicide, herbicide).
- e)Phase of the life cycle in which the product is marketed (egg, larva, pupa, nymph or adult).
- f)Phase of the life cycle in which the product acts (egg, larva, pupa, nymph or adult).
- g)Type and characteristics of the inert ingredients.
- h)Quality certificate issued by an institution recognized by the SFE(*).
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") i) Methodology for the quality control analysis by the producer or manufacturer.
4.2.2.3. Information for the Identification of the Invertebrate Organism a) Taxonomic classification of the invertebrate organism for agricultural use.
- b)Information and data for its identification and institutions specialized in the subject.
- c)Life cycle and general description of all the developmental stages of the invertebrate organism.
4.2.2.4. Information on the Use of the Invertebrate Organism a) Common name and taxonomic classification of the pest or pests to be controlled.
- b)Host range of the pest(s).
- c)Specificity of the invertebrate organism for agricultural use.
- d)Information on natural enemies.
- e)Indications for its use in the field, interval between applications and recommended doses.
- f)Compatibility with chemical products, and other beneficial organisms.
- g)Phytosanitary and environmental conditions for its use.
4.2.2.5. Label Draft a) Trade name.
- b)Scientific name.
- c)Presentation (quantity).
- d)Producer.
- e)Registrant.
- f)Country of origin.
- g)Registration number and date.
- h)Agronomic use.
- i)Storage conditions.
4.2.3. When dealing with invertebrate organisms for agricultural use present in the country and that are not considered a pest, the SFE(*) must issue a decision within a period of thirty business days following the date of submission of the application and other complete requirements, approving or rejecting the registration.
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.2.4. When dealing with invertebrate organisms for agricultural use absent from the country, the SFE(*) shall carry out the corresponding risk analysis and supervise the Adaptability and Effectiveness Trial of Absent Invertebrate Organisms in the country if applicable.
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.2.5. In the case of registration applications for invertebrate organisms for agricultural use absent from the country, the SFE(*) must issue a decision approving or rejecting the registration within a period of sixty business days following the date of submission of the information required for the risk analysis and/or the results of the Adaptability and Effectiveness Trial of Absent Invertebrate Organisms in the country, as applicable.
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.2.6. The interested party must submit a written application to the SFE(*) for it to carry out the corresponding risk analysis, providing the following information (issued by an authority recognized by the SFE(*) in the Spanish language):
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") a) Effects on the environment, non-target animals and side effects of the invertebrate organism.
- b)Experiences in countries where the invertebrate organism has been released.
- c)Means of dispersal.
- d)Documentation provided by the company indicating the benefits related to the effectiveness and biological specificity with the introduction (introducción) of the invertebrate organism.
4.2.7 When the SFE(*) determines that the risk level is acceptable and that the registration process can continue, the natural or legal person must submit a written application to the SFE(*) to carry out a biological efficacy test and provide the Protocol for the Adaptability and Effectiveness Trial of Absent Invertebrate Organisms in the country.
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.2.8. The protocol for the Adaptability and Effectiveness Trial of Invertebrate Organisms for Agricultural Use must be prepared and published by the SFE(*) on its Web page within a period of thirty days after the entry into force of this regulation.
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.2.9. Resolutions issued by the SFE(*) are subject to appeals for reconsideration before the Head of the Department of Agricultural Inputs, appeal before the Director of the SFE(*) and review before the Minister of Agriculture and Livestock as established in the General Law of Public Administration.
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.2.10. Any registration application must be published in the official gazette for three consecutive days, providing a brief description of the same and granting third parties a period of ten business days from the third publication, to present oppositions.
4.2.11. If an opposition is presented, the registrant shall be notified, who must offer their exculpatory evidence within a term of 3 business days counting from the moment in which they were notified. Once this period has elapsed, the SFE(*) must resolve within a period of 8 business days.
4.2.12. Submit proof of payment of fee 3.a established in Executive Decree N° 27763 Fixing of tariffs for the services of the Ministry of Agriculture and Livestock, of March 10, 1999.
(Thus added the previous subsection by Article 1 of Executive Decree N° 44720 of August 6, 2024) (Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.3. On the validity, modification, suspension and cancellation of the registration 4.3.1. The Registration of invertebrate organisms for agricultural use shall have a validity of ten years, without prejudice to the power that the SFE(*) has to carry out studies based on post-registration monitoring and surveillance programs, adopting the pertinent provisions in accordance with the law.
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.3.2. The Registration of Invertebrate Organisms for Agricultural Use may be modified by the registrant, by submitting a written application in the form of a sworn statement in the following cases:
- a)When the registration holder changes, attaching the data and credentials of the new holder.
- b)When the country of origin is expanded or changed, attaching certification from the producing laboratory, demonstrating that the production process is the same as the one originally registered.
- c)When the trade name changes, attaching certification from the Trademark and Trade Name Registry to be designated.
- d)When the presentation is modified, attaching presentations, security seals and type of packaging.
- e)When new pests are added for which the product was registered, providing the corresponding documentation.
- f)When the format or content of the label changes, for which the interested party shall supply the new label draft with the proposed changes.
4.3.3. Modifications to the registration of a specific invertebrate organism shall be made by technical administrative resolution of the SFE(*). Said modification shall retain the corresponding registration number and date.
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.3.4. The suspension, restriction of use and/or cancellation of the registration of invertebrate organisms for agricultural use is applicable, as the case may be:
- a)When requested by the registration holder.
- b)When the SFE(*) determines it under technical scientific or legal justification.
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.3.5. The cancellation of the registration of invertebrate organisms for agricultural use is not an obstacle to the application of other applicable civil, criminal or administrative sanctions or reparations that may apply, in accordance with applicable national legislation.
4.4. On the rights and obligations of the registration holder 4.4.1. The holder of the registration of a commercial product based on invertebrate organisms for agricultural use must request in writing the renewal of the registration before the SFE(*) six months before expiry. If the registration is not renewed, it is automatically cancelled.
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.4.2. The holder of a registration, by means of an authorization notification, may empower one or several persons to carry out the activities of import, export, re-export, production, repacking, refilling or marketing, according to the registration made before the SFE(*).
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.") 4.4.3. The registration holder of invertebrate organisms for agricultural use must facilitate the supervision work of the SFE(*).
(Note from Sinalevi: Through Article 48 of the Regulation of the Organizational Structure of the State Phytosanitary Service, approved by Executive Decree N° 36801 of September 20, 2011, it is indicated that the functions assigned to the SFE will be carried out by the Department of Biotechnology.")