Regulation on Registration, Use and Control of Synthetic Formulated Pesticides, Technical Grade Active Ingredient, Adjuvants and Related Substances for Agricultural Use 1. Objectives This regulation has the following objectives:
- a)To create the Registry of Synthetic Formulated Pesticides, Technical Grade Active Ingredient, Adjuvants and Related Substances for agricultural use of the State Phytosanitary Service of the Ministry of Agriculture and Livestock.
- b)To establish the regulation, general principles and procedures that govern the process of registration, use and control of Synthetic Formulated Pesticides, Technical Grade Active Ingredient, Adjuvants and Related Substances for agricultural use, with the purpose of approving their sale and use, prior to the evaluation of sufficient scientific data demonstrating that the product is effective for the intended purpose and does not represent unacceptable risks to health and the environment, when used according to the use recommendations.
2. Scope of application and subjects for registration Synthetic Formulated Pesticides, Technical Grade Active Ingredient, Adjuvants and Related Substances for agricultural use must be registered prior to their importation, exportation, manufacturing, formulation, storage, distribution, transport, repackaging (reempacado), rebottling (reenvasado), advertising, handling, mixing, sale and use. Excepted from the indicated registration are chemical or related substances for agricultural use entering in transit, or for the combat of specific phytosanitary problems; in these cases, the permit will only be granted temporarily for reasons of urgency, technically and scientifically justified before the State Phytosanitary Service.
This regulation applies to the following subjects:
- a)Natural or legal persons who register synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances for agricultural use.
- b)Natural or legal persons who market synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances for agricultural use.
- c)Natural or legal persons who import or export synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances for agricultural use.
- d)Natural or legal persons who manufacture or formulate synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances for agricultural use.
- e)Natural or legal persons who repackage (reempaquen) and rebottle (reenvasen) synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances for agricultural use.
- f)Natural or legal persons who store, distribute and handle synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances for agricultural use.
3. Definitions The terms and concepts used in this regulation will be defined, interpreted and applied in the manner and meaning indicated below:
3.1 Adulterated: qualifier for the synthetic formulated pesticide (plaguicida sintético formulado), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances that presents a quantity of the active ingredient different from the percentage declared on the label or if any of its components has been substituted totally or partially or contains undeclared ingredients.
3.2 Storage: action of storing, gathering, conserving, keeping or depositing synthetic formulated pesticide (plaguicida sintético formulado), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances in warehouses, storerooms, customs or vehicles under the conditions stipulated in this Regulation.
3.2. BIS Formulation auxiliaries (Inerts): Substances without biological activity against the pest or of plant metabolism regulation, used as a carrier or as a conditioner for a related substance or adjuvant (coadyuvante). It is not necessarily considered inert from a toxicological and ecotoxicological point of view.
(The above definition was thus added by Article 4 of executive decree No. 36190 of June 7, 2010).
3.3 Class of pesticide (plaguicida): determines if the product is an insecticide, fungicide, herbicide, nematicide or others.
3.4 Adjuvant (Coadyuvante): chemical substance that contributes, assists or helps to perform a better action when mixed correctly with a synthetic formulated pesticide (plaguicida sintético formulado).
3.5 Special control (Combate especial): control of a pest or disease declared an emergency by the Ministry.
3.5 BIS Component of the related substance or adjuvant (coadyuvante): Substance(s) that exert(s) the main action for the intended use of the product.
(The above definition was thus added by Article 4 of executive decree No. 36190 of June 7, 2010).
3.6 Lethal concentration 50 (LC50): the concentration of a substance that causes 50% mortality in the test animals, usually under It is air.
3.6 BIS. Test Data (Datos de Prueba): Undisclosed information that includes the information, data or documents on the safety and efficacy of a technical grade active ingredient (ingrediente activo grado técnico) or of a synthetic formulated pesticide (plaguicida sintético formulado), whose elaboration requires considerable effort, that has not been disclosed to the public and is required by the AC for the purpose of granting registration in the country of said technical grade active ingredient (ingrediente activo grado técnico) or synthetic formulated pesticide (plaguicida sintético formulado). This information, data or documents includes the following: toxicological studies, ecotoxicological studies, biological efficacy studies, studies on effects on the abiotic environment, and physicochemical properties and analytical methods on the safety and efficacy of a technical grade active ingredient (ingrediente activo grado técnico) or a synthetic formulated pesticide (plaguicida sintético formulado).
(The above definition was thus added by Article 11 of executive decree No. 35828 of February 25, 2010).
3.7 Seizure (Decomiso): seizure consists of the loss of property rights experienced by the owner in favor of the State over material goods that have been the cause or instrument of an infraction and in the cases indicated in this Regulation.
3.8 Decontamination of used containers: procedure by which the residues of synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredients (ingredientes activos grado técnico), adjuvants (coadyuvantes) and related substances remaining in used containers are adequately decontaminated or denatured.
3.9 Destruction of containers: method used for the destruction of empty containers that contained synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredients (ingredientes activos grado técnico), adjuvants (coadyuvantes) and related substances.
3.10 Lethal dose 50 (LD50): the quantity of a toxic substance that produces 50% mortality in test animals, within a given time, usually 24 hours, under special conditions. It is expressed as milligrams per kilograms of body weight.
3.11 Efficacy of the product: degree of the desired effect that a synthetic formulated pesticide (plaguicida sintético formulado), adjuvant (coadyuvante) and related substances have in relation to the control target (insects, mites, fungi, etc.)
3.12 Packaging/container: any container that contains synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances for agricultural use for delivery as a single product, covering them totally or partially, and which includes packing and wrappings. A package may contain several units or types of pre-packaged synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances when offered to the consumer.
3.13 Company: the natural or legal person, directly responsible for contracting and executing services for the importation, manufacturing, formulation, repackaging (reempacado), registration, application and use of synthetic formulated pesticide (plaguicida sintético formulado), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances.
3.14 Application equipment: device used for the application of substances for agricultural use for the control of pests and diseases in plants and animals, both in liquid and solid form, in the form of mist or aerosols, in any of the known methods of application.
3.15 Equivalence: determination of the similarity of impurity and toxicological profiles, as well as the physical and chemical properties presented for supposedly similar technical materials generated by different manufacturers and by different manufacturing routes, to establish if they present similar levels of risk.
3.16 Label: any tag, label, brand, image or other descriptive or graphic material, written, printed, stenciled, marked, embossed, etched, or attached to the container, that identifies and describes the product contained in it.
3.17 Labeling: any written, printed or graphic material that contains the label, accompanies the synthetic formulated pesticide (plaguicida sintético formulado), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances or is displayed near it, including that intended to promote its sale or placement.
3.18 Manufacturer: natural or legal person dedicated to the synthesis of technical grade active ingredient (ingrediente activo grado técnico).
3.19 Formulation: any product containing one or more active ingredients uniformly distributed in one or more inert carriers, with or without the aid of formula conditioners.
3.20 Formulator: natural or legal person dedicated to the formulation of synthetic formulated pesticides (plaguicidas sintéticos formulados) and related substances.
3.21 Confidential information: is all information qualified and classified as such by this regulation and the current regulations on undisclosed information. Only the officials indicated in this regulation will have access to this information and for the purposes of registration of technical grade active ingredient (ingrediente activo grado técnico) and synthetic formulated pesticides (plaguicidas sintéticos formulados).
3.22 Original information: is the technical-scientific information specifically developed for the registration of a technical grade active ingredient (ingrediente activo grado técnico), synthetic formulated pesticide (plaguicida sintético formulado), adjuvant (coadyuvante) or related substance for agricultural use.
3.23 Technical information: is all information qualified and classified as such by this regulation. The officials indicated in this regulation, third parties to whom the law grants that right, and those authorized by the registrant will have access to this information.
3.24 Active Ingredient: For purposes of this regulation, it shall be understood as a chemical entity (entidad química).
(Thus reformed the previous subsection by Article 2 of executive decree No. 35828 of February 25, 2010) 3.25 Technical grade active ingredient (ingrediente activo grado técnico): the technical grade active ingredient (ingrediente activo grado técnico) can be found under two denominations: TC (technical material), and TK (technical concentrate). The TC normally has a high concentration of active ingredient; it may have essential additives such as stabilizers, but does not have diluents or solvents. The TK, for its part, normally contains a lower concentration, either because a diluent has been added to a TC or because it may be impractical or undesirable to isolate the active ingredient from the solvent, impurities, among others. Furthermore, the TK may have essential additives such as stabilizers, as well as diluents or solvents.
3.25 BIS. New agrochemical product: is that technical grade active ingredient (ingrediente activo grado técnico) that does not contain a chemical entity (entidad química) that is found in a registration previously granted in Costa Rica, as a technical grade active ingredient (ingrediente activo grado técnico) or forming part of a synthetic formulated pesticide (plaguicida sintético formulado).
(The above definition was thus added by Article 11 of executive decree No. 35828 of February 25, 2010).
3.25. TER. Chemical entity (Entidad química): for purposes of this regulation, it is the active ingredient responsible for the biocidal or physiological action.
(Thus added the previous subsection by Article 11 of executive decree No. 35828 of February 25, 2010).
3.26 Equivalent technical grade active ingredient (ingrediente activo grado técnico equivalente): technical grade active ingredient (ingrediente activo grado técnico) from different manufacturers or from different manufacturing processes of the same manufacturer that achieve the results established in the equivalence determination process.
3.27 Acute poisoning (Intoxicación aguda): clinical condition or state from exposure to a synthetic formulated pesticide (plaguicida sintético formulado), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances in which the adverse effects occur shortly after a single exposure or repeated exposures within a period of 24 hours.
3.28 Chronic poisoning (Intoxicación crónica): clinical condition or state in which adverse effects occur as a result of a single exposure or repeated exposures to a synthetic formulated pesticide (plaguicida sintético formulado), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances in the medium and long term.
3.29 Dermal poisoning (Intoxicación dermal): clinical condition or state in which adverse effects occur as a result of the absorption of a synthetic formulated pesticide (plaguicida sintético formulado), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances through the skin.
3.30 Oral poisoning (Intoxicación oral): clinical condition or state in which the toxic effects are produced by a synthetic formulated pesticide (plaguicida sintético formulado), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances when absorbed by ingestion.
3.31 Inhalation poisoning (Intoxicación por inhalación): clinical condition or state in which the manifestations of toxic effects in man or animal are caused by a synthetic formulated pesticide (plaguicida sintético formulado), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances absorbed by the respiratory tract.
3.32 Importer: natural or legal person who imports synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredients (ingredientes activos grado técnico), adjuvants (coadyuvantes) and related substances for agricultural use that conform to the provisions of this Regulation.
3.33 Relevant impurities (Impurezas relevantes): are those manufacturing or storage by-products of a pesticide (plaguicida), which, compared to the active ingredient, are toxicologically significant for health or the environment, are phytotoxic to treated plants, cause contamination in food crops, affect the stability of the pesticide (plaguicida) or any other adverse effect.
3.34 Book of inscriptions (Libro de inscripciones): book legally constituted by the Ministry where the approved registration of a synthetic formulated pesticide (plaguicida sintético formulado), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances is entered; this entry shall record the registration number, date, brand, generic name of the product, registration holder and manufacturer.
3.35 Book of submissions (Libro de presentaciones): book legally constituted under the responsibility of the Ministry, where the application for registration of a product will be noted, with numbered folios and entries.
3.36 Modification to registration: change to an original registration in accordance with the provisions of this Regulation; said registration will retain the original number.
3.37 Commercial name: name by which the registrant identifies a particular product for its marketing.
3.38 Generic or common name: common name of the synthetic formulated pesticide (plaguicida sintético formulado) and of the technical grade active ingredient (ingrediente activo grado técnico) approved by an official international standardization body.
3.39 Chemical name: refers to the name of the molecule(s) of the active ingredient of a product approved by an official international standardization body.
3.40 Ecotoxicological profile: summary of the critical ecotoxicological results, which may have consequences for aquatic and terrestrial organisms due to possible exposures, depending on the intended uses for a particular pesticide (plaguicida).
3.41 Impurity profile: maximum concentrations of all impurities (including unknowns) in a technical grade active ingredient (ingrediente activo grado técnico) produced by a manufacturer using a unique process, derived from the analysis of production batches. In general, impurities are those with manufacturing specification limits < 1 g/kg, but lower limits apply to exceptionally hazardous impurities.
3.42 Profile or Reference Source: is the information on which the risk analysis was based and for which a regulatory decision has been made and the corresponding registration granted, and which will be used as a basis for the equivalence registration, in accordance with the provisions of this regulation.
3.43 Toxicological profile: summary of the critical toxicological results that may have consequences for human health due to exposure by various routes, for a specific pesticide (plaguicida).
3.44 Operating permit (Permiso de funcionamiento): permit that commercial, industrial or service establishments must obtain, issued by the Ministry of Health, after having complied with all the requirements in the current regulations.
3.45 Pest (Plaga): any living organism that competes or causes damage to plants or their products and that can be considered as such, due to its economic, invasive or extensive nature.
3.46 Pesticide (Plaguicida): Understood for the purposes of this regulation as any substance or mixture of substances with biocidal or physiological action, intended to prevent, destroy or control any pest (plaga), that affects sowing, crops and their harvests, or that interferes in any other way in production; likewise, it includes those substances applied to the product after harvest. This term includes synthetic substances intended to be used as plant growth regulators and floral inducers that are not produced in them naturally.
(Thus reformed the previous subsection by Article 1 of executive decree No. 36190 of June 7, 2010).
3.47 Restricted sale and use pesticide (Plaguicida de venta y uso restringido): any pesticide (plaguicida) that, due to its risk level, its use is conditioned upon special management practices specified by the Ministries through Executive Decree.
3.48 Prohibited pesticide (Plaguicida prohibido): pesticide (plaguicida) for which all uses have been prohibited by a definitive regulatory measure, in order to protect human health or the environment, since even when used under correct agricultural practice (práctica agrícola correcta), they represent an unacceptable risk to human health and the environment. These must be published by Executive Decree.
3.49 Synthetic formulated pesticide (Plaguicida sintético formulado): commercial product that has been prepared from a technical grade active ingredient (ingrediente activo grado técnico) plus the other components of the formulation following established quality standards, in the form in which it is packaged and sold.
3.50 Correct agricultural practice (Práctica agrícola correcta): is the set of actions that appropriately integrate the available resources to create environmental conditions favorable to crops without producing harmful effects on the environment and users.
3.51 Professional prescription (Receta profesional): document issued by a professional in agricultural sciences, registered and authorized for that purpose by the Colegio de Ingenieros Agrónomos, through which they recommend a synthetic formulated pesticide (plaguicida sintético formulado) or a control method, for use in agriculture. Said prescription must be issued in accordance with what the Colegio de Ingenieros Agrónomos establishes in this regard.
3.52 Rebottler, repackager (Reenvasador, reempacador): natural or legal person authorized by the registration holder and the Ministries to subdivide or add, for commercial purposes, a legally registered synthetic formulated pesticide (plaguicida sintético formulado), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances into containers smaller or larger than the original, in accordance with the provisions of this Regulation.
3.53 Regent (Regente): professional in Agricultural Sciences, Chemistry or Microbiology, who, in accordance with Law 7664: Phytosanitary Protection Law, assumes technical responsibility for the processes of registration, synthesis, formulation, use and control of the pesticides (plaguicidas) established in this regulation and in the aforementioned law.
3.54 Registrant (Registrante): natural or legal person who requests from the Ministry, the authorization of a registration of a synthetic formulated pesticide (plaguicida sintético formulado), technical grade active ingredient (ingrediente activo grado técnico), adjuvant (coadyuvante) and related substances.
3.55 Registration (Registro): process by which the responsible national authority approves the sale and use of a synthetic formulated pesticide (plaguicida sintético formulado), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes) and related substances, after a comprehensive evaluation of scientific data demonstrating that the product is effective for the intended purpose and does not entail an unacceptable risk to human, animal health or the environment.
3.56 Company registration (Registro de compañía): is the legal procedure by which a natural or legal person is authorized for all purposes of this Regulation before the Ministry.
3.57 3.58 Pesticide remnant (Remanente de plaguicida): small amount of formulated synthetic pesticide, technical-grade active ingredient, adjuvants and related substances that remains in the empty container, or a small amount not used due to mechanical limitations of the application equipment or for other technical reasons.
3.59 Re-registration (Re-registro): procedure to ensure the periodic review of technical-grade active ingredients, formulated synthetic pesticides, adjuvants and related substances for agricultural use, thereby guaranteeing that immediate and effective measures can be taken in the event of new information or data on their behavior or risks.
3.60 Residue (Residuo): any specific substance present in food, agricultural products, or animal feed as a consequence of the use of a formulated synthetic pesticide, technical-grade active ingredient, adjuvants and related substances. The term includes any derivative of a formulated synthetic pesticide, technical-grade active ingredient, adjuvants and related substances, such as conversion products, metabolites, and reaction products, and impurities considered of toxicological importance.
3.61 Retention (Retención): action of keeping under prohibition of movement, use, or consumption under secure conditions, either by transporting them to the Ministry's warehouses or under security seals at the commercial premises, material goods that have failed to comply with this Regulation, for their subsequent confiscation or release, as appropriate.
3.62 Revalidation (Reválida): process by which holders of registrations of technical-grade active ingredients, registered as such or as components of a registered formulation, granted before the promulgation of this regulation and which are in force, provide to SFE, within the deadlines indicated in this regulation, the information required by it, as a requirement to maintain the validity of their registrations.
3.63 Related substances (Sustancias afines): substances intended for use in crops as repellents of synthetic origin, pheromones, attractants, sunscreens, substances applied to the product after harvest to protect it against deterioration during storage and transport, glues or gums, as well as growth regulators and floral inducers that are produced naturally in plants and have been successfully synthesized.
(Thus amended the preceding subsection by Article 1 of Executive Decree No. 36190 of June 7, 2010).
3.64 Type of pesticide (Tipo de plaguicida): chemical group to which a product belongs, such as organophosphates, carbamates, pyrethroids, sulfonylureas, among others.
3.65 Registration holder (Titular del registro): natural or legal person who owns the registration of a formulated synthetic pesticide, technical-grade active ingredient, adjuvants and related substances before the Ministry.
3.66 Tolerance (Tolerancia): maximum limit of chemical residues of a formulated synthetic pesticide or its metabolites whose presence is legally permitted in products for human or animal consumption.
3.67 Toxicity (Toxicidad): property of a substance and its metabolic or degradation products to cause, at specific doses and upon contact with the skin or mucous membranes, harm to health, after having entered the biological organism by any route.
3.68 Physical Vehicle (Vehículo Físico): Those inert materials containing incorporated related substances.
(Thus added the preceding definition by Article 4 of Executive Decree No. 36190 of June 7, 2010).
4. Abbreviations For the purposes of this Regulation, the following shall be understood by:
AC: Competent Authority (Autoridad Competente) ANSI: American National Standards Institute (by its acronym in English).
BSI: British Standards Institution (by its acronym in English).
CAS: Chemical Abstracts Service (by its acronym in English).
CG: Gas Chromatography.
CIPAC: Collaborative International Pesticides Analytical Council (by its acronym in English).
DRC: Directorate of Registration and Controls, of the Ministry of Health.
FAO: Food and Agriculture Organization of the United Nations (by its acronym in English).
FIFRA: Federal Insecticide, Fungicide and Rodenticide Act.
HPLC: High-Performance Liquid Chromatography (by its acronym in English).
ISO: International Organization for Standardization.
INTA: National Institute for Innovation and Transfer in Agricultural Technology.
IR: Infrared Spectrophotometry.
IUPAC: International Union of Pure and Applied Chemistry (by its acronym in English).
MAG: Ministry of Agriculture and Livestock.
MASS: Mass Spectrometry.
MEIC: Ministry of Economy, Industry, and Commerce.
MINAE: Ministry of Environment and Energy.
Ministry: Ministry of Agriculture and Livestock.
Ministries: The Ministries of Agriculture and Livestock; Health; and Environment and Energy.
MINSA: Ministry of Health.
OECD: Organisation for Economic Co-operation and Development (by its acronym in English).
RMN: Nuclear Magnetic Resonance.
SFE: State Phytosanitary Service.
WSSA: Weed Science Society of America (by its acronym in English).
UV-VIS: Ultraviolet-Visible Spectrophotometry.
5. GENERALITIES OF THE ADMINISTRATION OF THE REGISTRATION 5.1 COMPETENT AUTHORITY FOR THE ADMINISTRATION OF THE REGISTRATION The registration of formulated synthetic pesticides, technical-grade active ingredients, adjuvants and related substances for agricultural use shall be administered by the SFE, which for the purposes of the application and interpretation of this regulation shall be the competent authority.
5.2 OTHER AUTHORITIES PARTICIPATING IN THE REGISTRATION PROCESS The Ministries of Health and of Environment and Energy, in accordance with their legal competencies, shall participate in the stages of the registration process that will be indicated, depending on the registration modality in question. The opinion they render shall be binding for the SFE.
All inter-institutional administrative management shall be carried out by the SFE.
5.3 PLACE OF SUBMISSION OF PETITIONS 5.3.1 Any act or petition related to the application or interpretation of this regulation must be submitted to the unit that administers the registration of the SFE, which shall be the competent body to receive, hear, process, and resolve it in the first instance.
5.3.2 The Executive Directorate of the SFE is the body that hears, investigates, and resolves, in the second instance, appeals against acts issued by the unit that administers the registration of the SFE.
5.4 MANNER OF SUBMISSION OF PETITIONS AND INFORMATION 5.4.1 Any act or petition related to the application or interpretation of this regulation must be submitted in the Spanish language.
5.4.2 The technical and confidential information attached must be submitted in its original language, accompanied by the official translation into Spanish.
5.4.3 The competent authority may accept technical and confidential information without translation into Spanish.
5.5 THE ADMINISTRATIVE FILE The administrative files for the registration of technical-grade active ingredients and formulated synthetic pesticides shall be composed of three separate dossiers, as detailed below:
I- Administrative dossier: this includes the information that will be indicated, according to each type of registration, constituted by the administrative and legal information, which is not qualified and classified, according to this regulation, as confidential information and technical information, and shall be of public access.
II- Confidential information dossier: includes the information that, according to this regulation, is qualified and classified as confidential in nature, required for its evaluation. Only and exclusively the official of the unit that administers the registration of the SFE in charge of the custody, analysis, and review of the information, and officials duly authorized by the competent Ministries participating in the registration process, shall have access to this dossier.
III- Technical information dossier: composed of all the technical and scientific information not classified as confidential. Access to this information shall be granted, in addition to its holder and those authorized by the holder, to the officials of the SFE, MINSA, and MINAE in charge of its analysis.
5.6 CUSTODY OF THE ADMINISTRATIVE FILE 5.6.1 The information forming part of the administrative files shall be in the custody of the SFE, except when they are under consultation at the Ministries of Health and of Environment and Energy; during the consultation stage, the custody of the files shall be the responsibility of those Ministries.
5.6.2 The confidential information dossier shall not leave the custody of the SFE, and authorized officials of MINSA and MINAE may only access it at the place of custody and may not make copies or reproduce said information by manual or electronic means.
5.6.3 The SFE shall take the necessary measures to safeguard the administrative file against any dishonest commercial use and to prevent such information from being disclosed or transferred, especially the information forming part of the confidential information dossier.
5.6.4 The CA shall prevent unauthorized third parties from using and accessing said information of a registrant or registration holder with protected test data. In accordance with the provisions of this Regulation, the Undisclosed Information Law, Law No. 7975 of January 4, 2000, including that indicated in Article 8 of said Law, and the Regulation to the Undisclosed Information Law, including that indicated in Article 6 of said Regulation, the Ministries may not disclose test data, except when necessary to protect the public, provided that in the event of such disclosure, the test data are protected against unfair commercial use. The CA shall protect test data against unfair commercial use and their disclosure for the term and under the conditions established in this Regulation, the Undisclosed Information Law, and the Regulation to that Law.
(Thus added the preceding subsection by Article 1, section b) of Executive Decree No. 34903 of November 21, 2008).
(Note from Sinalevi: Through Article 12 of Executive Decree No. 35828 of February 25, 2010, it is indicated that subsection 5.6.4 is added to sub-section 5.6; however, said subsection already exists, as it addresses the same subject, a complete amendment has been made to it.)
5.7 ACCESS TO THE ADMINISTRATIVE FILE 5.7.1 For all administrative files, access is reserved for the personnel of the SFE unit assigned to the registration procedure, the registrant, persons reliably authorized by the registrant, and those third parties with a legitimate interest demonstrated before said unit. Regarding the confidential information dossier, there are no third parties with a legitimate interest.
5.7.2 In order to maintain a record of authorized persons, each Ministry must authorize in writing before the SFE the officials who may have access to confidential information; the SFE must also leave a written record of its own officials who will have access to this information. The SFE shall maintain a register of signatures of authorized officials who will be the only ones who may sign the logbook, explained in the following point, and have access to that information.
5.7.3 The evaluating professionals duly authorized by the competent Ministries shall leave a written record that they accept the conditions of confidentiality under which they must handle the informational material provided to them, in accordance with the current legislation on the matter, by means of a sworn statement to be submitted at the time of being authorized by the Ministries to participate in the registration process.
5.8 HANDLING OF THE ADMINISTRATIVE FILE 5.8.1 The SFE shall ensure the provision of the facilities and means necessary to ensure adequate handling and security of the cited information.
5.8.2 In accordance with the provisions of this Regulation, the Undisclosed Information Law, Law No. 7975 of January 4, 2000, including that indicated in Article 8 of said Law, and the Regulation to the Undisclosed Information Law, including that indicated in Article 6 of said Regulation, personnel assigned to the registration procedures must refrain from disclosing without authorization from the registrant or the registration holder the test data or other confidential information contained in the administrative file, including the technical information dossier and the confidential information dossier, except when such disclosure is necessary to protect the public, in which case the test data must be protected against all unfair commercial use. They may not use such test data as support to grant registrations by equivalence of the technical-grade active ingredient during the test data protection period, except when authorization from the registration holder is obtained.
(Thus amended the preceding subsection by Article 4 of Executive Decree No. 35828 of February 25, 2010) 5.8.3 The evaluating professionals duly authorized by the Ministries shall leave a written record in the respective logbook.
5.9 PUBLIC ACCESS INFORMATION The following is considered public access information:
- a)Name, content, and origin of active principles in formulated synthetic pesticides and of the registering companies.
- b)Methods and recommendations for transport, storage, fire treatments, and other risks.
- c)Means of container disposal.
- d)Decontamination procedures.
- e)First aid and medical assistance in case of harm to persons.
- f)A summary or abstract of the tests establishing the efficacy and effects of the technical-grade active ingredient or formulated synthetic pesticide, regarding persons, animals, plants, and the environment.
- g)Method of analysis of the active ingredient.
- h)Method of residue analysis.
- i)Method of analysis of impurities of toxicological or ecotoxicological relevance.
- j)The information contained in the Safety Data Sheet.
Subjects requiring the information referred to in items f), g), h), i) must do so by means of a written note expressing the reason for the request, which will be recorded and filed, except for authorized public officials.
5.10 INFORMATION IN THE PUBLIC DOMAIN When test data and any other information qualified and classified as confidential or undisclosed have fallen into the public domain in any country through the publication of the data or information, the presentation of such data or information in scientific or academic media, or by any other means of publication, these data shall cease to be qualified and classified as undisclosed or confidential information, provided that such data were disclosed with the authorization of the registrant, the registration holder, or with the authorization of a third party, if any, having rights over such test data.
(Thus amended the preceding sub-section by Article 5 of Executive Decree No. 35828 of February 25, 2010) 6. GENERALITIES OF THE REGISTRATION OF FORMULATED SYNTHETIC PESTICIDES, TECHNICAL-GRADE ACTIVE INGREDIENTS, ADJUVANTS AND RELATED SUBSTANCES FOR AGRICULTURAL USE 6.1 DATA THAT THE REGISTRATION APPLICATION MUST CONTAIN 6.1.1 To register a technical-grade active ingredient, formulated synthetic pesticide, adjuvant, and related substances, as well as for the experimental registration, the applicant must submit the "registration application" before the unit that administers the registration of the SFE. Two copies must be submitted, signed by the registrant and the regent of the registering company.
6.1.2 In the event that the registration application is signed by the representative of a legal entity, they must demonstrate sufficient power to do so, through certification accrediting the legal capacity and the character in which the signatory acts; they must also provide the name and address of the resident agent's office.
6.1.3 Each registration application shall be valid only for one product, manufacturer, or formulator. Each registered technical-grade active ingredient, formulated synthetic pesticide, adjuvant, and related substance for agricultural use from the same manufacturer or formulator shall have a single holder. Formulated synthetic pesticides may contain more than one technical-grade active ingredient, each of which must be registered with the SFE. Two or more independent registrations of a technical-grade active ingredient may have the same manufacturer as a source, provided that the registrations are processed independently.
6.1.4 The registration application and all the information submitted shall have the character of a sworn statement.
6.1.5 Duly attach the complete Registration Application Form from Annex 1, which must be filled out by the registrant together with the documents indicated in this regulation according to the registration modality.
6.1.6 If the application is submitted by a third party and not by the signatory, it must have the respective authentication of signatures by a Lawyer, in the terms indicated in the General Law of Public Administration.
6.2 GENERALITIES OF THE INFORMATION TO BE ATTACHED TO THE REGISTRATION APPLICATION 6.2.1 All information, both on Physical and Chemical Properties, as well as toxicological, ecotoxicological, efficacy, phytotoxicity, and residue data, must be supplied through data from assays or studies carried out on the product to be registered (Original information). The aforementioned studies will be accepted provided they are conducted by companies, professionals, universities, national bodies, and international bodies, duly recognized by the SFE. For these purposes, the corresponding studies or protocols must be submitted.
6.2.2 The guidelines, assays, or methods of analysis indicated in this regulation are the most recommended and may be replaced by others originating from internationally recognized and duly validated bodies.
6.2.3 In the case of field trials for determining efficacy, phytotoxicity, and residues, the MAG accepts those executed or endorsed by INTA, as well as trials monitored by this institute.
6.2.4 The analytical methodologies for determining the physical-chemical quality and residues of the substance(s) must be submitted to the SFE together with the registration application, attaching a report of results with supporting evidence (such as chromatograms) when applicable.
6.2.5 The laboratory shall request the sample and the analytical standard once the laboratory has implemented the respective methodology. The samples submitted by the registrant must meet the acceptance requirements established by the Ministry's laboratories.
6.2.6 The registration process shall not be halted even if the Ministry's laboratories have not implemented the analysis methodologies. In this situation, the Ministry shall rely on officialised laboratories.
6.2.7 Once the analyses of the samples are completed, the Ministry's laboratories shall notify the applicant of the results in writing, with a copy to the unit that administers the registration of the SFE.
6.2.8 The SFE shall maintain on its website an updated list of the analytical methodologies implemented in its laboratories.
6.2.9 The Ministry shall not accept certifications that are more than one year old from the date of issuance.
(*) 7. REGISTRATION MODALITIES For the purposes of the procedures necessary to obtain Registration, this Regulation establishes the following types of registrations:
1- Experimental Registration (Repealed by Executive Decree No. 35284-MAG-S-MINAE (*)-MEIC of April 27, 2009).
(*)(Thus modified its denomination by Article 11 of Law "Transfer of the Telecommunications Sector from the Ministry of Environment, Energy and Telecommunications to the Ministry of Science and Technology, No. 9046 of June 25, 2012) 2- Registration of technical-grade active ingredient.
3- Registration of technical-grade active ingredient by equivalence.
4- Registration of formulated synthetic pesticides.
5- Registration of Adjuvants, Related Substances, and Physical Vehicles containing related substances.
(Thus amended the preceding item by Article 2 of Executive Decree No. 36190 of June 7, 2010).
On test data protection.
Test data protection, in accordance with the provisions of this Regulation, the Undisclosed Information Law, Law No. 7975 of January 4, 2000, including that indicated in Article 8 of that Law, and the Regulation to the Undisclosed Information Law, including that indicated in Article 6 of said Regulation, shall be applicable to new agrochemical products, as defined in this Regulation.
Regarding the regime for the protection of test data, in accordance with this Regulation, the Undisclosed Information Law, and the Regulation to the Undisclosed Information Law, the CA shall prevent unauthorized third parties from using and accessing protected test data of a registrant or registration holder.
Every registrant submitting test data that comply with the legal and regulatory provisions concerning said regime must:
- a)Submit an application signed by the registrant or their legal representative indicating: 1) the test data supporting the registration of the technical-grade active ingredient contained in the application; 2) the chemical entity contained in the technical-grade active ingredient for which registration is requested.
- b)Attach a sworn statement issued by the registrant or their legal representative, declaring that the registrant generated such data or obtained the rights over said data, or is authorized by another registrant or by the registration holder to use said data.
Procedure for verification of test data protection.
In order to ensure the protection of test data, the CA shall not permit, in the registration modalities of: Technical-Grade Active Ingredient, Technical-Grade Active Ingredient by equivalence, or Formulated Synthetic Pesticides, the use of test data with current protection as evidence or supporting information for the registration of a technical-grade active ingredient or a formulated synthetic pesticide through the aforementioned registration modalities, by a registrant different from a previous registrant or the registration holder, unless one of these two has authorized the use of such data.
The protection of test data of new agrochemical products shall be in accordance with the provisions of this Regulation, the Undisclosed Information Law, including that indicated in Article 8 of that Law, and the Regulation to the Undisclosed Information Law, including that indicated in Article 6 of said Regulation. The CA must make available to the public a list of new agrochemical products granted a registration, indicating the expiration date of the protection period for each technical-grade active ingredient.
The Ministries may not disclose test data, except when necessary to protect the public, provided that in the event of such disclosure, the test data are protected against all unfair commercial use, as established in this Regulation, the Undisclosed Information Law, and the Regulation to that Law.
(*)(Thus amended the preceding section by Article 6 of Executive Decree No. 35828 of February 25, 2010) 7.1 (Repealed by Article 3 of Executive Decree No. 35284 of April 27, 2009) (*)7.2 REGISTRATION OF TECHNICAL-GRADE ACTIVE INGREDIENT For the purposes of this regulation, a technical-grade active ingredient contains a single chemical entity, and its registration shall be governed as follows:
- a)This registration modality is mandatory for all technical-grade active ingredients not yet registered in the country.
For the purposes of determining whether a technical-grade active ingredient subject to registration under this modality should be granted test data protection, the CA must verify, for each application, whether the chemical entity contained in the technical-grade active ingredient subject to registration has or has not been previously registered in Costa Rica, as a technical-grade active ingredient or forming part of a formulated synthetic pesticide. In the event that the chemical entity contained in the technical-grade active ingredient subject to registration has not been previously registered in Costa Rica either as a technical-grade active ingredient or forming part of a formulated synthetic pesticide, the test data of this technical-grade active ingredient must be protected against disclosure and unfair commercial use for a period of 10 years from the date of the first approval of the registration of the new agrochemical product in Costa Rica, in accordance with the provisions of this Regulation, the Undisclosed Information Law, Law No. 7975 of January 4, 2000, including that indicated in Article 8 of that Law, and the Regulation to that Law, including that indicated in Article 6 of said Regulation. In this case, the CA must include these technical-grade active ingredients within the list of new agrochemical products that have test data protection, referred to in Section 7 of this Regulation.
- b)If the technical-grade active ingredient is already registered in the country, the registrant may choose this modality or the registration modality of technical-grade active ingredient by equivalence.
The registration modality of technical-grade active ingredient by equivalence may be chosen, provided that the CA has a reference profile, in accordance with the provisions of this Regulation. In the event that said reference profile has test data protection, this type of registration shall proceed only in the following cases: 1) the protection period granted in Costa Rica to the test data of the technical-grade active ingredient, which the CA uses as evidence or supporting information for the registration, has expired; or, 2) the registrant is the holder of the registration of the technical-grade active ingredient that has test data protection; or 3) the registrant has obtained authorization from the holder of the registration of the technical-grade active ingredient for the use of such data by the CA.
(*)(Thus amended the preceding section by Article 7 of Executive Decree No. 35828 of February 25, 2010) 7.2.1 REQUIREMENTS AND CLASSIFICATION OF INFORMATION AND DOCUMENTATION FOR THE REGISTRATION OF TECHNICAL-GRADE ACTIVE INGREDIENT
I. Administrative dossier of the file
- a)Registration Application.
- b)Analytical certificate of composition (chemical name according to IUPAC, concentration, and density) issued by the manufacturer.
- c)In the case of registration of a technical-grade active ingredient manufactured abroad, a Certificate of registration in the country of origin must be submitted, issued by the competent Official Entity, indicating the technical-grade active ingredient, the concentration, name, and full address of the manufacturer. If the technical-grade active ingredient is being produced for export, this must be stated in the Certificate. The Ministry shall not accept certifications from other countries that are more than one year old from the date of issuance, and they must be submitted legalised and translated into Spanish.
- d)Proof of payment of the current fee.
- e)Analytical standard, which must contain at a minimum:
. Name of the active principle.
. Percentage of purity.
. Net Content.
- f)Samples of the technical-grade active ingredient: THREE (3) samples of the technical-grade active ingredient in a sealed container indicating:
. Name of the active principle.
. Percentage of purity.
. Net Content.
. Expiration date.
The samples submitted must be withdrawn within thirty days after being informed of the satisfactory analysis result.
- g)Safety sheet, which must contain:
- 1)Identification of the Product and the Manufacturer.
1.1) Product.
1.2) Manufacturer.
1.3) Chemical name.
1.4) CAS No.
1.5) Molecular formula.
1.6) Molecular mass.
1.7) Use.
- 2)Toxicological Classification.
According to the currently valid toxicological classification table of the WHO.
- 3)Physical and chemical properties.
3.1) Physical appearance.
3.2) Color.
3.3) Odor.
3.4) Vapor pressure.
3.5) Melting point.
3.6) Boiling point.
3.7) Solubility in water at TWENTY DEGREES CENTIGRADE (20º C).
3.8) Decomposition temperature.
3.9) Flammability.
3.10) Corrosivity.
4.1) Inhalation.
4.2) Skin.
4.3) Eyes.
4.4) Ingestion.
- 5)Fire-fighting measures.
5.1) Extinguishing media.
5.2) Specific control procedures.
6.1) Personal precautionary measures.
6.2) Storage.
- 7)Stability and reactivity.
7.1) Stability.
7.2) Reactivity.
- 8)Potential health effects.
8.1) Inhalation.
8.2) Eyes.
8.3) Skin.
8.4) Ingestion.
- 9)Toxicological information 9.1) Acute toxicity.
9.1.1) Oral LD50.
9.1.2) Dermal LD50.
9.1.3) Inhalation LC50.
9.1.4) Skin irritation.
9.1.5) Eye irritation 9.1.6) Skin sensitization.
9.2) Subacute toxicity.
9.3) Chronic toxicity.
9.4) Mutagenesis.
- 10)Ecotoxicological information.
10.1) Toxicity to birds.
10.2) Toxicity to bees.
10.3) Toxicity to aquatic organisms: Fish and Daphnia.
10.4) Bioaccumulation.
10.5) Persistence in soil.
11.1) Spills.
11.2) Fire.
11.3) Final disposal.
- 12)Transport information.
12.1) Ground.
12.2) Air.
12.3) Maritime.
- h)Every application for registration of a technical product must be accompanied by the draft label to be displayed on the product, written in Spanish and clearly bearing the following information:
h.1) Name and address of the manufacturer and distributor.
h.2) Name and trademark of the product and percentage of active ingredients.
h.3) Class and type.
h.4) Chemical composition of the product.
h.5) Net content of the package or container, expressed in units of the Metric Decimal System.
h.6) Warnings and precautions for use, relating to the toxicity of the active ingredients for humans and animals, with indications of:
h.6.1) Symptoms of poisoning.
h.6.2) First aid and applicable measures in case of thermal or inhalation poisoning.
h.6.3) Antidotes and indications for medical treatment.
h.6.4) The legend in capital letters and black color: Before handling, transporting, and storing this product, read this label.
h.7) The toxicological classification, which shall be determined based on the current toxicological classification of the WHO.
h.8) Indications on the personal protective equipment to be used and the precautionary measures for its handling, transport, and storage.
h.9) Indications on measures to be taken for the protection of the health of third parties and the environment.
h.10) Physical and chemical hazards presented by the technical product, such as flammability, corrosivity, etc.
h.11) Legends stating in capital letters and bold:
THIS PRODUCT MAY BE FATAL IF INGESTED AND/OR INHALED. IT MAY CAUSE DAMAGE TO THE EYES AND SKIN THROUGH EXPOSURE (Category 1a, 1b) DO NOT STORE IN HOMES. KEEP AWAY FROM CHILDREN, MENTALLY INCAPACITATED PERSONS, DOMESTIC ANIMALS, FOOD, AND MEDICINES.
h.12) Country.
h.13) Registration No.
h.14) Date of registration.
h.15) Batch number.
h.16) Date of manufacture.
h.17) Importer.
II. Confidential Information File of the dossier
The confidential information must be submitted in duplicate in an envelope, whose pages, original and copy, shall be stamped by the receiving official, with the copy being returned to the applicant. The authority shall proceed to close and seal the envelope, which both shall sign in such a way that when the envelope is opened by the official responsible for the confidential information, there is certainty that confidentiality has not been violated; should the above procedure and formalities not be followed, the unit administering the SFE registry shall not receive the information.
Within the envelope, the registrant must submit the following information:
- a)Qualitative-quantitative composition of the technical grade active ingredient must be signed by the Legal Representative, which shall contain:
a.1) Minimum concentration of the technical grade active ingredient.
a.2) Maximum concentration of each impurity greater than or equal to: ZERO POINT ONE PERCENT (0.1%) a.3) Maximum concentration of relevant impurities down to their limit of detection.
The limit of detection for impurities shall be considered as the smallest amount of them in the sample that can be detected but not quantified. It shall be THREE (3) times the signal-to-noise ratio. Analogously, the limit of quantification shall correspond to the minimum amount of impurities in the sample that can be quantified with adequate precision and accuracy. It shall be approximately TEN (10) times the signal-to-noise ratio. The unidentified fraction of the technical grade active ingredient shall not exceed TWO PERCENT (2%). The declared concentration must be based on the analysis performed by the responsible chemist and shall correspond to the analysis of representative samples from at least FIVE (5) typical batches. The concentration shall be absolute, meaning it shall be equal to or greater than the established lower limit. Attach the corresponding analyses and chromatograms.
- b)Identity analysis of the technical grade active ingredient: which shall consist of a set of analytical determinations that make it possible to establish the composition, constitution, and molecular configuration of the active ingredient in an indubitable manner. To this end, at least TWO (2) spectra of the technical grade active ingredient must be submitted, from among the following: IR, NMR, Mass, and UV-VIS, with at least one from NMR and Mass being required. When the identity of the substance is in doubt, additional tests may be requested. These spectra must be accompanied by clear and concise explanations of their interpretation, leading to demonstrating the identity of the technical grade active ingredient.
The identity of all impurities or eventually groups of related impurities must be identified through chemical and spectroscopic analyses that allow concluding indubitably and unequivocally the identity of each impurity or group of related impurities.
- c)Analytical standards of the impurities may be required when technically justified.
- d)Justification of the presence of impurities: The registering company must provide adequate explanations about the formation of impurities that may be present in the product. The justification must be based on proven chemical theory.
If the unit administering the SFE registry has reason to assume that a relevant impurity may be present, it shall request the technical justification for why it has not been declared.
- e)Analytical method: the registrant must provide the appropriate analytical method(s) for enforcement purposes for the active ingredient and impurities greater than or equal to 0.1%. Said method must provide, as applicable: specificity, linearity, accuracy, precision, recovery, and limit of detection. Clearly describing how it was performed and the results obtained.
Supporting evidence must be included, such as chromatograms (in the case of chromatographic determinations), indicating the substances corresponding to each peak. In case it is chromatographically analyzable, a GC or HPLC profile of the sample must be submitted, attaching the description of the injected sample preparation, concentration, solvent; complete chromatographic parameters, and the area percent report of the chromatogram integration (except for the dissolution solvent in GC).
- f)Certificates of Analysis of the Standards and Samples submitted, prepared under internationally recognized ISO protocols.
- g)For each process resulting in a technical grade active ingredient, the following information must be provided:
g.1) Name and address of the producer involved in the process.
g.2) General characterization of the process, indicating whether it is batch or a continuous process.
g.3) Manufacturing diagram.
g.4) Identification of the materials used to produce the product.
g.5) Description of the equipment used.
g.6) General description of the conditions controlled during the process, as applicable: temperature, pressure, pH, humidity.
- h)Certificate of purity of the Standard submitted.
III. Technical Information File of the dossier
This information shall be submitted with the documentation arranged by topics, namely:
- a)Identity of the technical grade active ingredient:
a.1) Applicant.
a.2) Manufacturer.
a.3) Common name: accepted by ISO, or proposed, in order, by BSI, ANSI, WSSA, or the manufacturer, until its acceptance or designation by ISO. Indicate which one it corresponds to.
a.4) CAS number (for each isomer or mixture if applicable) a.5) CIPAC number.
a.6) Synonyms: if any.
a.7) Chemical Name: accepted or proposed by IUPAC.
a.8) Molecular formula and molecular mass.
a.9) Structural formula (Must include the stereochemistry of active isomers if applicable or known.)
a.10) Chemical Group.
- b)Physical and chemical properties of the technical grade active ingredient:
b.1) Appearance:
b.1.1) Physical State.
b.1.2) Color.
b.1.3) Odor.
b.2) Melting Point: (for solid substances at room temperature).
b.3) Boiling Point (for liquid substances at room temperature) OECD 103 or decomposition temperature.
b.4) Relative density in liquid form. OECD 109- CIPAC MT 3/ MT 58.4.
b.5) Vapor pressure: OECD 104 (For substances with a B.P. greater than or equal to THIRTY DEGREES CENTIGRADE (30º C).
b.6) Water solubility. OECD 105; CIPAC MT 157.1 and 157.2.
b.7) Solubility in organic solvents: by suitable method and at room temperature; in a polar solvent of choice and also in a non-polar solvent of choice.
b.8) Partition coefficient in n-octanol/water. OECD 107, OECD 117, FIFRA 63-11.
b.9) Hydrolysis. FIFRA 161-1; OECD 111.
b.10) Photolysis.
b.11) Acidity and Alkalinity.
b.12) Flammability: flash point. CIPAC MT 12.
b.13) Surface tension: OECD 115 EEC A5.
b.14) Explosive properties: EEC A. 14; FIFRA 63-16 (Differential Thermal Calorimetry).
b.15) Oxidizing properties: (corrosivity). EEC A17; FIFRA 63-20.
b.16) Reactivity with the container material. FIFRA 63-20.
b.17) pH: if the technical grade active ingredient is soluble or dispersible in water. CIPAC MT 75; FIFRA 63-12.
b.18) Dissociation constant in water (Only for substances that dissociate in water). OECD 112; FIFRA 63-10.
b.19) Viscosity: (for liquid substances). CIPAC MT 22.
- c)Aspects related to its use:
c.1) Pesticide class.
c.2) Indicate the organisms for which the product is intended.
c.3) Effect on pest organisms (routes of absorption of the substance) c.4) Mode of action on harmful organisms.
- d)Toxicological data of the technical grade active ingredient:
d.1) Acute toxicity for mammals d.1.1) Acute oral median lethal dose (LD50), expressed in mg/kg of body weight. OECD Technical Guideline number 423.
This study shall be required in all cases except if the product is a gas or is highly volatile.
d.1.2) Acute dermal median lethal dose (LD50) expressed in mg/kg of body weight. OECD Technical Guideline number 402.
This study shall be required unless:
- a)The product is a gas or is highly volatile.
- b)The product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
d.1.3) Acute inhalation median lethal concentration (LC50), expressed in mg/L or mg/m3. This shall be requested when the product is a gas or liquefied gas, is a smoke-generating preparation or a fumigant, is used with fogging equipment, is a vapor-releasing preparation, is an aerosol, is a powder containing a significant proportion of particles with a diameter less than 50 micrometers, is applied from an aircraft, contains active substances with a vapor pressure greater than 1 x 10-2 Pa and is to be used in enclosed spaces, or is to be applied in a way that generates particles or droplets of diameters less than 50 micrometers. OECD Technical Guideline number 403.
d.1.4) Eye and skin irritation study and corrosive properties. When it is known in advance that the material is corrosive or that it produces no effect on skin and eyes, this test shall be omitted. OECD Technical Guideline number 405 (eye irritation) and 404 (skin irritation).
d.1.4.1) Skin irritation.
This study shall be required unless:
- a)The product is a gas or is highly volatile.
- b)The product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
d.1.4.2) Eye irritation.
This study shall be required unless the product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
d.1.5) Skin sensitization.
OECD Technical Guideline number 406.
This study shall be required unless repeated dermal exposures do not occur under conditions of use.
d.1.6) Dermal absorption of the active ingredient and of the other toxicologically relevant compounds of the formulation. This study shall be performed in rats when exposure through the skin constitutes a significant route of exposure.
For the requirements requested in point d.1), summaries of the research protocols from which the reported values were obtained must be submitted, which must contain sufficient information for their evaluation. If the Competent Authority requires further information, it may request the complete study, which may be submitted in English.
d.2) Mandatory information on health effects for persons:
d.2.1) Symptoms presented by acute intoxications via oral, dermal, and inhalation routes.
For those technical grade active ingredients for which there is no information on their acute effect in humans, information on the effect in experimental animals must be presented.
d.2.2) Routes of absorption of the product and the possible toxic mode of action if known.
d.2.3) Emergency procedures and first aid in case of acute poisoning by any route of absorption.
d.2.4) Information on antidotes, medical treatment, and contraindications.
d.2.5) Information on clinical, accidental, and deliberate cases when such information is available.
d.3) Study on metabolism and kinetics (absorption, distribution, and excretion) in rats or in an appropriate animal species.
d.4) Sub-chronic and chronic toxicological studies.
d.4.1) Subchronic studies of thirteen to ninety days duration.
The route of administration shall be oral, but there may be exposure conditions where evaluation of other routes is required. These studies must be performed in rodents and non-rodents. Any of the following methodologies may be followed:
Repeated dose 28-day oral toxicity studies. OECD Guideline 407.
90-day Subchronic Toxicity Study in rodents. OECD Guideline 408.
90-day Sub-chronic Oral Toxicity Studies in non-rodents. OECD Guideline 409.
If the use pattern leads to the conclusion that there may be prolonged exposure via the dermal or inhalation route, the respective subchronic studies shall be requested, for which any of the methodologies indicated below may be used:
Repeated dose 21/28-day dermal toxicity study. OECD Guideline 410.
Subchronic toxicity study, 90-day repeated dose dermal. OECD Guideline 411.
Repeated dose 21/28-day inhalation toxicity study. OECD Guideline 412.
Subchronic toxicity studies, 90-day repeated dose inhalation. OECD Guideline 413.
d.4.2) Chronic toxicological studies.
d.4.2.1) Long-term oral (two years). OECD Guideline 452.
d.4.2.2) Reproduction studies.
Any of the following Guidelines may be followed:
One-generation reproduction toxicity studies. OECD Guideline 415.
Studies on at least 2 generations in mammals. OECD Guideline 416.
d.4.2.3) Teratogenicity studies. OECD Guideline 414.
d.4.2.4) Studies on neurotoxicity in compounds that have effects on the Nervous System. In those cases of organophosphates where delayed neurotoxicity has been proven, the respective studies shall be requested. Any of the following Guidelines may be followed:
Acute neurotoxicity studies for organophosphorus substances. OECD Guideline 418.
Subchronic delayed neurotoxicity study at ninety (90) days for organophosphorus substances. OECD Guideline 419.
Neurotoxicity studies in rodents. OECD Guideline 424.
Battery of tests for the determination of neurotoxicity. EPA OPPTS. No. 870.6200 d.4.2.5) Studies on mutagenicity.
Must include information on gene mutation, chromosomal aberrations, unscheduled DNA repair, and chromosomal exchange, in vivo and in vitro.
Any of the following may be followed:
Reverse mutation test in Salmonella typhimurium. OECD Guideline 471.
Reverse mutation test in Escherichia coli. OECD Guideline 472. Gene mutations in cultured mammalian cells. OECD Guideline 476.
Sex-linked recessive lethal test in Drosophila. OECD Guideline 477. Gene mutations in Saccharomyces cerevisiae. OECD Guideline 480.
In vitro cytogenetic assays. OECD Guideline 473.
In vivo cytogenetic assays. OECD Guideline 475.
Micronucleus test. OECD Guideline 474.
Heritable translocation assay. OECD Guideline 485.
Cytogenetic assays of mammalian germ cells. OECD Guideline 483. Damage and repair and unscheduled DNA synthesis in vitro. OECD Guideline 482.
Mitotic recombination in Saccharomyces cerevisiae. OECD Guideline 481.
Sister chromatid exchange assays. OECD Guideline 479. Unscheduled DNA synthesis. OECD Guideline 486.
d.4.2.6) Long-term studies with dose administration by appropriate routes, including observations to determine the occurrence of any delayed effect and the reversibility of any lesion found.
These studies should preferably be performed in rats. When the product's use pattern does not result in long-term chronic exposure via the oral route, the chronic study by this route shall be discarded.
d.4.2.7) Carcinogenicity studies.
Must be combined with long-term studies in an appropriate design.
Any of the following Guidelines may be followed:
Carcinogenicity studies. OECD Guideline 451.
Combined chronic toxicity/carcinogenicity studies. OECD Guideline 453.
d.4.2.8) Potentiation studies for mixtures of technical grade active ingredient.
d.4.2.9) Information on observations in humans when possible.
This must include records of occupational exposure of workers and direct observations of accidental or deliberate poisonings (clinical cases).
d.5) Ecotoxicological studies of the technical grade active ingredient.
d.5.1) Effect on birds:
d.5.1.1) Acute oral toxicity in bird species such as pheasant, quail, mallard duck, or another validated species. OPPTS 850.2100 Avian Acute Oral Toxicity Test. EPA.
d.5.1.2) Short-term effects (for eight days) in pheasant, quail, mallard duck, or another validated species. OECD Guideline 205.
d.5.1.3) Effects on reproduction in pheasant, quail, mallard duck, or another validated species, when applicable. OECD Guideline 206.
d.5.2) Specific effects on domestic animals when justified.
d.5.3) Effects on aquatic organisms:
d.5.3.1) Acute toxicity in fish, LC50 in species of rainbow trout, carp, or any other validated species that inhabits waters with temperatures between 10-30 degrees Celsius. OECD Guideline 203.
d.5.3.2) Chronic toxicity in the same fish species. OECD Guideline 204.
d.5.3.3) Effects on reproduction and growth rate in one of the mentioned species or another validated species.
d.5.3.4) Bioaccumulation study in fish, shall be required in the following cases:
- a)When the solubility of the product in water is less than 0.5 and the octanol/water coefficient yields values indicating bioaccumulation potential (greater than 1000).
- b)The product is persistent in water.
- c)If the product, degradation products, or metabolites accumulate in tissues of mammals or birds. OECD Guideline 305.
d.5.3.5) Acute toxicity in Daphnia magna. OECD Guideline 202.
d.5.3.6) Chronic toxicity in Daphnia magna. OECD Guideline 202.
d.5.3.7) Study on the effect on the growth of algae, such as Selenastrum capricornutum or other validated aquatic plant species. OECD Guideline 201.
d.5.4) Effects on other non-target organisms:
d.5.4.1) Acute toxicity to bees (oral and contact) and to some species of beneficial arthropods. Any of the following Guidelines may be followed: OECD Guideline 213 and 214 (For Bees) EPPO Guideline PP1/180 (2), PP 1/142 (2) (For other arthropods).
d.5.4.2) Toxicity to earthworms Eisenia foetida or other validated species. OECD Guideline 207 and EPA OPPTS No. 8506200 d.5.4.3) Toxicity to soil microorganisms (Nitrifying) when applicable. OECD Guideline 216 and 217 and EPA OPPTS No. 8505100.
d.6) Effects on the abiotic environment. Behavior and environmental fate of the product in air, water, or soil.
d.6.1) Specific studies for soil (for 3 soil types):
d.6.1.1) Degradation processes, rate, and pathways up to 90%, including the half-life values of the active ingredient.
d.6.1.2) Metabolites and products resulting from degradation.
d.6.1.3) Adsorption, desorption, leaching of the active ingredient, and if relevant, of its metabolites.
d.6.1.4) Magnitude and nature of the remaining residues of the active ingredient.
d.6.2) Specific studies for water and air.
d.6.2.1) Study of the rates and pathways of degradation in aqueous media, in sediments, as well as in air, including half-life values in aqueous media and sediments.
d.6.2.2) Study of oxidation, hydrolysis, and photolysis.
d.6.3) Studies on other harmful effects on the environment, for example, ozone layer depletion capacity, photochemical ozone formation, or global warming potential of the Earth, in those cases where the active ingredient is included in the Montreal Protocol. The MINAE may request these studies for other technical grade active ingredients not included in said Protocol, upon prior technical and scientific justification.
- e)Residues in Treated Products.
e.1) Identification of degradation and reaction products of metabolites in plants or treated products. These results shall be obtained from laboratory studies conducted with representative plants.
e.2) Residue studies shall be required if the proposed uses for the product require the establishment of a tolerance. In those cases where international tolerances exist, the pre-harvest intervals of the countries that have established them shall be adopted, as well as the corresponding agricultural practices that guarantee those tolerances will not be exceeded.
In cases where no international tolerances exist, the use pattern that guarantees the non-detection of residues must be proposed, which shall be demonstrated through the corresponding residue tests under the supervision of the INTA.
- f)Information regarding safety.
f.1) Procedures for the destruction of the active ingredient and for decontamination.
f.2) Recovery possibilities. This information shall be required when available.
f.3) Neutralization possibilities.
f.4) Controlled incineration. Conditions under which it must be carried out.
f.5) Water purification.
f.6) Recommended methods and handling precautions during its manipulation, storage, transport, and in case of fire or spill.
f.7) In case of fire, reaction products and combustion gases.
f.8) Information on individual protection equipment.
g.1) Analytical methods for the determination of residues in treated plants, agricultural products, processed foods, soil, and water. The recovery rate and the limits of methodological sensitivity shall be included.
g.2) Analytical methods for determination in air. These shall be required for volatile products or those with high surface tension.
g.3) Analytical methods for determination in animal or human tissues and fluids. These methods shall be required when available.
g.4) Analytical method for the determination of the purity of the active ingredient.
The analytical methods must be current and validated for technical grade active ingredient.
g.5) Methods and analytical standards for the determination of degradation products, impurities (of toxicological and ecotoxicological importance) that may have formed, according to technical considerations, during the manufacturing process or degradation during storage.
The analytical methods must be current and validated. These must contain at least the following information:
. Scope of application thereof (Type of formulations, and analyzable concentrations) . Theoretical principle of the method.
. Interferences.
. Detailed description of the apparatuses and equipment used in the method.
. All necessary reagents and materials. The required quality and analytical grade for reagents and standards must be indicated.
. Detailed description of the sample preparation and the procedure to follow in the entire determination.
. Validation results.
g.6) Analytical standard of the active ingredient with its respective certificate, when the authority requests it.
Each standard according to FAO must meet the following requirements:
. Be presented in its original container, duly sealed.
. Certificate of identity and determined content, which must indicate the measurement uncertainty and the reference to the method(s) of analysis used to determine purity.
. Certificate of the generic name of the active ingredient, CAS number, recommended storage conditions, expiration date (which must be no less than 12 months), the production batch number, and name and signature of the representative of the standard manufacturing company.
7.2.2. PROCEDURE FOR THE REGISTRATION OF TECHNICAL GRADE ACTIVE INGREDIENT.
7.2.2.1 RECEIPT AND REVIEW OF INFORMATION (FIRST STAGE):
- a)The registrant must submit the registration application before the unit that administers the SFE registry.
- b)The unit that administers the SFE registry shall proceed to issue a receipt indicating the following: time and date of application submission, product samples, and the containers submitted.
- c)Still within this stage, and once the submission process and issuance of the submission receipt are completed, the unit that administers the SFE registry proceeds to open an administrative dossier, duly foliated, which must be transferred to the assigned officer of the unit that administers the SFE registry, for its review.
- d)The assigned registration officer proceeds to review, within a period of ten business days, that all documents and studies indicated in the previous point have been submitted, without analyzing the content of said information.
(*)e) Once the review is completed and if the application is complete, the registrant shall be notified of the application number, and the entry of the registration application shall proceed. All of this within the period indicated in subsection d), taking into account the provisions of sections 6.1.3 and 6.2.1 and on the condition that:
- 1)The application is supported by original information generated specifically on and related to the technical grade active ingredient subject to registration, and 2) In the case of a registration application for a technical grade active ingredient that has been previously registered in Costa Rica, it shall not be permitted, unless one of the following conditions is met:
- a)the data protection period for the test data supporting the registration of the previously registered technical grade active ingredient has expired; b) the registrant has obtained authorization from the holder of the registration of the technical grade active ingredient to use the test data supporting the registration of said technical grade active ingredient; or c) the registrant submits the registration application accompanied by the original information generated for the technical grade active ingredient subject to registration, in such a way that it does not use as support or evidence the test data of another technical grade active ingredient with current test data protection.
In the event that paragraphs 1 or 2 are not complied with, the CA shall notify the registrant and shall not proceed with the entry of the registration application.
For purposes of determining whether a technical grade active ingredient that has been previously registered has current test data protection, the CA must review the list referred to in Section 7 of this Regulation.
If the application is incomplete because any of the documents or requirements were not provided, a resolution shall be issued only once, within the period indicated in subsection d), preventing the registrant to submit the omitted documents or correct what was indicated within a period of no more than sixty business days. In case of non-compliance, the definitive archiving of the dossier shall be ordered.
(*)(Thus amended the previous subsection by Article 8 of Executive Decree No. 35828 of February 25, 2010) f) If the documentation is complete, the filing entry (asiento de presentación) is assigned.
The filing entry (asiento de presentación) shall include the following information:
f.1) Time and date of submission of the application.
f.2) Name and qualifications of the registrant or the legal representative.
f.3) Name and other characteristics of the product to be registered and confirmation that all regulatory documents have been submitted.
The filing entry (asiento de presentación) shall be sequentially numbered and signed by the person in charge of the registry or their duly authorized subordinate.
7.2.2.2 ANALYSIS BY THE SFE (SECOND STAGE):
- a)The registration officer in charge of the administrative file shall have a maximum period of sixty business days to carry out the analysis, review, and verification of the documentation, evaluating the identity and quality tests they deem necessary, in order to verify the truthfulness of the information submitted; they may even order field trials for this purpose, provided there is technical and scientific justification for doing so.
- b)In the event that it is verified that the information and documents submitted require clarification or are incomplete, the SFE may make observations in writing, and only once, to the interested party (administrado), indicating that they must provide the clarifications or submit the omitted requirements or documents within the period indicated in the previous subsection. The interested party (administrado) shall have a period of sixty business days to complete the missing information or requirements. Once this period has elapsed and if the omission is not corrected, the corresponding resolution shall be issued ordering the rejection and definitive archiving of the application. This resolution may be subject to appeals for reconsideration (revocatoria) and appeal (apelación) before the Executive Director of the SFE, as well as an appeal for review (recurso de revisión) before the Minister of Agriculture and Livestock, which exhausts the administrative route.
- c)In those cases where the SFE requires additional tests or studies for decision-making, a longer period may be granted depending on the complexity of the requested tests or studies, all of which must be technically and scientifically justified.
In this stage, the registration officer shall verify the protection of test data indicated in section 7 of this Regulation.
(Thus added the preceding paragraph by Article 13 of Decreto Ejecutivo N° 35828 of February 25, 2010) 7.2.2.3 CONSULTATION WITH MINSA AND MINAE (THIRD STAGE):
- a)Once the information is verified as truthful, the administrative information and technical information files are sent to MINSA, specifically to the Directorate of Registries and Controls (Dirección de Registros y Controles), and to the unit that administers the registry of MINAE, for them to analyze the documentation according to their competencies.
- b)Both Ministries proceed to analyze the information pertaining to their competencies, in order to verify that the product does not affect human health or the environment, for which they must issue a technical opinion on the information. This must be sent to the unit that administers the registry of the SFE, together with the files that were sent, within a period of forty-five business days counted from the receipt of the information that pertains to their competencies.
- c)In those cases where MINSA and MINAE require additional tests or studies for decision-making, a longer period may be granted depending on the complexity of the requested tests or studies, all of which must be technically and scientifically justified.
- d)The opinions of MINSA and MINAE shall be sent by those ministerial portfolios to the SFE, which shall formally notify the registrant thereof. The registrant may request, through the SFE, the additions or clarifications they deem pertinent and necessary on aspects covered in the opinions or that were omitted in the evaluation by MINSA or MINAE.
7.2.2.4 PUBLICATION OF THE EDICT AND OPPOSITIONS (FOURTH STAGE):
- a)Once the analysis and consultation stage is completed, the unit that administers the registry proceeds to prepare the edict (edicto), which shall be published in the Official Gazette La Gaceta. This edict (edicto) must contain a brief description of the product to be registered and it is published only once.
- b)Once the edict (edicto) is published, the period for oppositions opens, which is ten business days counted from the publication, within which any third party demonstrating a legitimate interest may oppose the registration of the product.
- c)Oppositions must be reasoned and substantiated, clearly and precisely expressing the aspects and points on which the registration application is opposed. Furthermore, all documentary, technical, or scientific evidence supporting the opposition must be provided.
- d)The written opposition must indicate the name and qualifications of the opposing party, the grounds for their opposition, and the evidence on which it is based. It must also indicate a place or means for receiving notifications.
- e)Oppositions received within the period shall be transferred to the registrant so that, within a period of fifteen business days, they may pronounce on them and provide any exculpatory evidence they deem pertinent in defense of their interests.
7.2.2.5 ASSESSMENT, ANALYSIS, AND ISSUANCE OF THE ADMINISTRATIVE RESOLUTION (FIFTH STAGE):
- a)Once the period for oppositions is closed, the registration officer studying the file shall proceed to carry out the analysis and assessment of the case.
- b)Once the analysis is completed, the final resolution (resolución de fondo) shall be issued and notified, either ordering the registration or rejecting the application, expressing the technical and legal reasons on which their criterion is based.
- c)In the event that the resolution is positive, meaning the registration application is accepted, the reasons and grounds for rejecting the oppositions, if any, must be indicated.
- d)Conversely, a resolution rejecting the registration application must express the technical and legal reasons for the rejection or indicate whether the arguments of the oppositions, if any, are accepted in whole or in part.
- e)Once the issued resolution is final (firme), if the registration is rejected, the file shall be archived; if it is positive, meaning it accepts the application and orders the registration of the product, the file is passed to the unit that administers the registry to proceed with registering the product in the registration book (libro de inscripciones) and assigning the respective registration number; the corresponding registration certificate shall be granted to the registrant.
- f)For the assessment, analysis, issuance of the administrative resolution, issuance of the registration certificate, and notification to MINSA and MINAE, the SFE has a maximum period of thirty business days, counted from the end of the period for receiving pleadings and arguments against the oppositions, or once the opposition period has expired if none were filed.
- g)Once the product is registered, MINSA and MINAE shall be notified for informational purposes regarding the registration of the product.
(*) 7.3 REGISTRATION BY EQUIVALENCE OF THE TECHNICAL GRADE ACTIVE INGREDIENT (INGREDIENTE ACTIVO GRADO TÉCNICO) This registration modality applies in the following cases:
- a)When a registrant (whether a new registrant or the holder of the registration of a previously registered technical grade active ingredient (ingrediente activo grado técnico)) applies to register by equivalence a technical grade active ingredient (ingrediente activo grado técnico) with respect to the same previously registered technical grade active ingredient (ingrediente activo grado técnico).
- b)When the registration holder of a technical grade active ingredient (ingrediente activo grado técnico) previously registered for laboratory/pilot scale use applies to register by equivalence that technical grade active ingredient (ingrediente activo grado técnico) for commercial scale use, or c) When the registration holder of a previously registered technical grade active ingredient (ingrediente activo grado técnico) applies to register by equivalence that technical grade active ingredient (ingrediente activo grado técnico) based on a change in the manufacturing process, or quality of the starting materials, or place of manufacture, or the addition of one or more production sites.
The foregoing is provided that the protection period granted in Costa Rica for the test data of the technical grade active ingredient (ingrediente activo grado técnico), used by the AC as evidence or supporting information for the registration, has expired; or the registrant is the holder of the registration of the technical grade active ingredient (ingrediente activo grado técnico) that has test data protection; or the holder of said registration has authorized the use of such test data.
For each application for registration by equivalence, the AC must verify the chemical entity contained in the technical grade active ingredient (ingrediente activo grado técnico) subject to the application, in order to determine if there is a previously registered technical grade active ingredient (ingrediente activo grado técnico) containing said entity and having current test data protection. For these purposes, the AC shall review the list referred to in section 7 of this Regulation. In such a case, the AC may not grant registration based either on the protected test data or on the registration granted to the holder of the registration of the technical grade active ingredient (ingrediente activo grado técnico) before the expiration date of such protection, unless the holder of the registration of the technical grade active ingredient (ingrediente activo grado técnico) has granted authorization for the use of the test data or the registrant is the holder of said registration.
(*)(Thus amended the preceding section by Article 14 of Decreto Ejecutivo N° 35828 of February 25, 2010) 7.3.1 REQUIREMENTS AND CLASSIFICATION OF INFORMATION AND DOCUMENTATION FOR THE REGISTRATION OF A TECHNICAL GRADE ACTIVE INGREDIENT BY EQUIVALENCE For the registration of the technical grade active ingredient (ingrediente activo grado técnico) by equivalence, the following must be provided:
I. Administrative dossier (Legajo administrativo) of the file
- a)Registration Application.
- b)Analytical certificate of composition (chemical name according to IUPAC, concentration, and density) issued by the manufacturer.
- c)In the case of registration of a technical grade active ingredient (ingrediente activo grado técnico) manufactured abroad, a Certificate of Registration from the country of origin issued by the competent Official Entity must be submitted, indicating the technical grade active ingredient (ingrediente activo grado técnico), concentration, full name and address of the manufacturer.
If the technical grade active ingredient (ingrediente activo grado técnico) is being produced for export, this must be stated in the Certificate and the documents must be submitted legalized and translated into Spanish, in the corresponding cases. The Ministry shall not accept certifications from other countries that are more than one year old from their date of issue.
- d)Proof of payment of the current fee (arancel).
- e)Analytical standard (Patrón analítico), which must contain at minimum:
. Name of the active ingredient.
. Percentage of purity.
. Net Content.
- f)Samples of the technical grade active ingredient (ingrediente activo grado técnico): THREE (3) samples of the technical grade active ingredient (ingrediente activo grado técnico) in a sealed container indicating:
. Name of the active ingredient.
. Percentage of purity.
. Net Content.
. Expiration date.
The submitted samples must be withdrawn within a period of thirty days after having been informed of the satisfactory analysis result.
- g)Safety Data Sheet: Information it must contain:
- 1)Product and Manufacturer Identification.
1.1) Product.
1.2) Manufacturer.
1.3) Chemical name.
1.4) CAS No.
1.5) Molecular formula.
1.6) Molecular mass.
1.7) Use.
- 2)Toxicological classification.
According to the current WHO toxicological classification table.
- 3)Physical and chemical properties.
3.1) Physical appearance.
3.2) Color.
3.3) Odor.
3.4) Vapor pressure.
3.5) Melting point.
3.6) Boiling point.
3.7) Solubility in water at TWENTY DEGREES CELSIUS (20º C).
3.8) Decomposition temperature.
3.9) Flammability.
3.10) Corrosivity.
4.1) Inhalation.
4.2) Skin.
4.3) Eyes.
4.4) Ingestion.
- 5)Fire-fighting measures.
5.1) Extinguishing media.
5.2) Specific fire-fighting procedures.
6.1) Personal precautionary measures.
6.2) Storage.
- 7)Stability and reactivity.
7.1) Stability.
7.2) Reactivity.
- 8)Potential health effects.
8.1) Inhalation.
8.2) Eyes.
8.3) Skin.
8.4) Ingestion.
- 9)Toxicological Information.
9.1) Acute toxicity.
9.1.1) Oral LD50.
9.1.2) Dermal LD50.
9.1.3) Inhalation LC50.
9.1.4) Skin irritation.
9.1.5) Eye irritation.
9.1.6) Skin sensitization.
9.2) Subacute toxicity.
9.3) Chronic toxicity.
9.4) Mutagenesis.
- 10)Ecotoxicological Information.
10.1) Toxicity to birds.
10.2) Toxicity to bees.
10.3) Toxicity to aquatic organisms: Fish and Daphnia.
10.4) Bioaccumulation.
10.5) Persistence in soil.
11.1) Spills.
11.2) Fire.
11.3) Final disposal.
- 12)Transport information.
12.1) Land.
12.2) Air.
12.3) Sea.
- h)Every application for registration of a technical product must be accompanied by the draft label that the product will display, written in Spanish and clearly printed with the following information:
h.1) Name and address of the manufacturer and distributor.
h.2) Commercial name and brand of the product and percentage of active ingredients.
h.3) Class and type.
h.4) Chemical composition of the product.
h.5) Net content of the package or container, expressed in units of the Metric Decimal System.
h.6) Warnings and precautions for use, relating to the toxicity of the active ingredients to humans and animals, with indications of:
h.6.1) Symptoms of poisoning.
h.6.2) First aid and applicable measures in case of poisoning prior thermal or by inhalation.
h.6.3) Antidotes and indications for medical treatment.
h.6.4) The legend in capital letters and black color: Before handling, transporting, and storing this product read this label.
h.7) The toxicological classification, which shall be determined based on the current WHO toxicological classification.
h.8) Indications on the personal protective equipment to be used and precautionary measures for its handling, transport, and storage.
h.9) Indications on measures to be taken for the protection of the health of third parties and the environment.
h.10) Physical and chemical hazards presented by the technical product, such as flammability, corrosivity, etc.
h.11) Legends stating in capital letters and bold:
THIS PRODUCT MAY BE FATAL IF INGESTED AND/OR INHALED. MAY CAUSE DAMAGE TO EYES AND SKIN BY EXPOSURE (Category 1a, 1b) DO NOT STORE IN DWELLINGS. KEEP AWAY FROM CHILDREN, MENTALLY INCAPACITATED PERSONS, DOMESTIC ANIMALS, FOOD, AND MEDICINES.
h.12) Country.
h.13) Registration No.
h.14) Registration date.
h.15) Lot number.
h.16) Date of manufacture.
h.17) Importer.
II. Confidential information dossier (Legajo de información confidencial) of the file
The confidential information must be submitted in duplicate in an envelope, whose folios, original and copy, shall be stamped by the receiving official, with the copy being returned to the applicant. The authority shall proceed to close and seal the envelope, which both shall sign in such a way that when the envelope is opened by the official responsible for the confidential information, they have the certainty that confidentiality has not been breached; in case of not following the previous procedure and formalities, the unit that administers the registry of the SFE shall not receive the information.
Inside the envelope, the registrant must submit the following information:
- a)Qualitative and quantitative composition of the technical grade active ingredient (ingrediente activo grado técnico), which must be signed by the Legal Representative, containing:
a.1) Minimum concentration of the technical grade active ingredient (ingrediente activo grado técnico).
a.2) Maximum concentration of each impurity greater than or equal to: ZERO POINT ONE PERCENT (0.1%) a.3) Maximum concentration of relevant impurities up to their limit of detection.
The detection limit for impurities shall be considered the smallest amount thereof in the sample that can be detected but not quantified.
It must be THREE (3) times the signal-to-noise ratio. Similarly, the quantification limit shall correspond to the minimum amount of impurities in the sample that can be quantified with adequate precision and accuracy.
It must be approximately TEN (10) times the signal-to-noise ratio. The unidentified fraction of the technical grade active ingredient (ingrediente activo grado técnico) may not exceed TWO PERCENT (2%). The declared concentration must be based on the analysis performed by the responsible chemist and shall correspond to the analysis of representative samples from at least FIVE (5) typical batches from each manufacturing site. The concentration shall be absolute, meaning it shall be equal to or greater than the established lower limit. The statistical bases for the manufacturing limits must be explained (for example: the maximum level found in practice, the mean plus three times the standard deviation of the levels found in practice). Attach the corresponding analyses and chromatograms.
- b)Analysis of the identity of the technical grade active ingredient (ingrediente activo grado técnico): which shall consist of a set of analytical determinations allowing the composition, constitution, and molecular configuration of the active ingredient to be established in an indubitable manner. To this end, at least TWO (2) spectra of the technical grade active ingredient (ingrediente activo grado técnico) must be submitted, from among the following: IR, NMR, Mass and UV-VIS, with at least one of NMR and Mass being required. When the identity of the substance is in doubt, additional tests may be requested. These spectra must be accompanied by clear and concise explanations of their interpretation, leading to demonstrating the identity of the technical grade active ingredient (ingrediente activo grado técnico).
The identity of all impurities or eventually groups of related impurities must be identified through chemical and spectroscopic analyses that allow concluding indubitably and unequivocally the identity of each impurity or group of related impurities.
- c)Analytical standards for impurities may be required when technically justified.
- d)Justification for the presence of impurities: The registering company must provide adequate explanations on the formation of impurities that may be found present in the product. The justification must be based on proven chemical theory.
If the unit that administers the registry of the SFE has reasons to suppose that a relevant impurity may be present, it shall request the technical justification of why it has not been declared.
- e)Analytical method: The registrant must provide the appropriate analytical method(s) for regulatory control (fiscalización) purposes for the active ingredient and impurities greater than or equal to 0.1%.
Said method must provide, as appropriate: specificity, accuracy, precision, linearity, recovery, and limit of detection. Clearly describing how it was performed and the results obtained. Supporting evidence must be provided, such as chromatograms (in the case of chromatographic determinations), indicating the substances corresponding to each peak. If it is analyzable by chromatography, a GC or HPLC profile of the sample must be submitted and a description of the preparation of the injected sample, concentration, solvent; complete chromatographic parameters, and the area percentage report from the chromatogram integration (except for the dissolution solvent in GC) must be attached.
- f)Certificates of Analysis for the submitted Standards and Samples, prepared under internationally recognized ISO protocols.
- g)For each process resulting in a technical grade active ingredient (ingrediente activo grado técnico), the following information must be provided:
g.1) Name and address of the producer involved in the process.
g.2) General characterization of the process, indicating whether it is a batch process or a continuous process.
g.3) Manufacturing diagram.
g.4) Identification of the materials used to produce the product.
g.5) Description of the equipment used.
g.6) General description of the conditions controlled during the process, as applicable: temperature, pressure, pH, humidity.
- h)Purity certificate of the presented Standard.
III. Technical information dossier (Legajo de la información técnica) of the file
- a)Identity of the active ingredient:
This information shall be submitted with the documentation arranged by topics, namely:
- a)Identity of technical grade active ingredient (ingrediente activo grado técnico):
a.1) Applicant.
a.2) Manufacturer.
a.3) Common name: accepted by ISO, or proposed, in that order, by BSI, ANSI, WSSA, or the manufacturer, until its acceptance or denomination by ISO. Indicate which one applies.
a.4) CAS number (for each isomer or mixture if applicable) a.5) CIPAC number.
a.6) Synonyms: if any.
a.7) Chemical Name: accepted or proposed by IUPAC.
a.8) Molecular formula and molecular mass.
a.9) Structural formula (Must include the stereochemistry of active isomers if applicable or known.)
a.10) Chemical Group.
The information requested in this section shall result from the equivalence analysis in point 7.3.2 below.
7.3.2 DETERMINATION OF THE EQUIVALENCE OF THE TECHNICAL GRADE ACTIVE INGREDIENT (INGREDIENTE ACTIVO GRADO TÉCNICO).
The evaluation shall be carried out with the confidential information requested in 7.3.1 II (confidential information dossier). For this evaluation, the SFE shall select the reference source against which the comparison will be made, which must be a full data profile (based on a complete dossier), as the first option.
Only in cases where a registered technical grade active ingredient (ingrediente activo grado técnico) with a full data profile is not yet available, but there exists some technical grade active ingredient (ingrediente activo grado técnico) that obtained its registration through the revalidation process established in Transitory I of this regulation, the SFE shall select the reference source against which the comparison will be made, according to the following criteria and in the order of priority established below:
a. As a second option, the Profile containing the confidential information, the administrative dossier, and the acute toxicity and ecotoxicity studies, plus additional chronic toxicology studies, ecotoxicological studies, and other studies on effects on the abiotic environment that were requested by the competent authority, through a duly founded resolution during the revalidation process established in this regulation, shall be chosen.
b. Annulled. (This subsection annulled by resolution of the Sala Constitucional N° 16937 of December 7, 2011. Likewise, the Court annuls the reference to this subsection in the penultimate paragraph of this section, which appears below. [*]) In the event that in any of the previous options (full data or the profiles of subsections a and [b]*), there is more than one registered active ingredient, the technical grade active ingredient (ingrediente activo grado técnico) possessing the best purity/impurity profile shall be chosen as the reference profile.
All information used as a reference profile under the terms of the preceding subsections must be specific and applicable to the product to be registered.
7.3.2.1 Cases where the equivalence evaluation must be performed a) When the technical grade active ingredient (ingrediente activo grado técnico) comes from a new manufacturer.
- b)When a technical grade active ingredient (ingrediente activo grado técnico) changes from laboratory/pilot scale to commercial scale.
- c)When the manufacturing process, or quality of the starting materials, or place of manufacture changes, or the addition of one or more production sites occurs.
7.3.2.2 Evaluation Process For the evaluation of the equivalence of different sources vs. the reference source, the following criterion in Threshold I (see Anexo II) must be considered:
The new source is considered equivalent to the reference source if:
Ø The certified minimum purity of the active ingredient is not less than that of the reference source (taking into account the isomer ratio, when appropriate), and; Ø No new impurities are present, and; Ø The limits of relevant impurities, as certified by the reference source, have not been increased, and; Ø The certified limits for all non-relevant impurities, as certified in the reference source, must not be exceeded beyond the following levels:
| Certified limits of non-relevant impurities in the reference technical specifications | Maximum acceptable increase (1) (1) This quantitative criterion is based on the "Manual on Development and Use of FAO and WHO Specifications for Pesticides" (First Edition 2002) |
|---|
| < 6 g/kg | 3 g/kg |
| > 6 g/kg | 50 % of the certified limit |
7.3.2.3 Decision-making:
Based on the aforementioned criterion, the conclusions could be that:
Ø The new source is equivalent to the reference source, therefore no further information is required; or Ø The new source is not equivalent to the reference source due to non-compliance with the minimum purity or the impurity profile of the reference profile according to the limits indicated in the Evaluation Process table, or with the minimum purity of the active ingredient or relevant impurities published in the FAO/WHO specification, if such specification exists, or Ø The equivalence of the new source with the reference source cannot be established based solely on the Threshold I criterion, therefore it is necessary to proceed to Threshold II evaluation to analyze whether the alteration of the minimum purity or the impurity profile leads to an unacceptable increase in risk, making the new source non-equivalent to the reference source.
Reports A report must be prepared in the format provided in Anexo VII (Threshold I, Part I and II).
7.3.2.4 Evaluation of the equivalence of technical grade active ingredients (ingredientes activos grado técnico) (Threshold II) 7.3.2.4.1 Toxicity 7.3.2.4.1.1 Documentation Requirements It must be based on information that is already available. Only when there is clear evidence that could adversely impact the risk of the technical grade active ingredient (ingrediente activo grado técnico) should further animal testing be carried out. The opinion of experts is important when analyzing toxicological information. Therefore, the following guide should be used as a starting point for decision-making, allowing deviation with duly justified technical and scientific criteria.
7.3.2.4.1.2 Evaluation Process The objective of the evaluation is to identify if there is an unacceptable increase in risk for a new source compared to the reference source, due to:
Ø Any new impurity; or Ø Increased values in relevant impurities; or Ø Increased levels of non-relevant impurities exceeding the limits mentioned in the table in Section 7.3.2.2 of the Evaluation Process.
An unacceptable increase in toxicity would generally occur if, as a consequence of the variation of impurity profiles, reference values such as Acceptable Daily Intake (ADI), No Observed Adverse Effect Level (NOAEL), or Acute Reference Dose (ARfD) had to be lowered or would result in a more severe toxicity classification.
If new impurities or increased levels of impurities are presented, the applicant must prepare a case or information to demonstrate that the new source is not significantly more toxic than the reference source. If there is evidence that a new impurity or an increased level of an impurity will NOT have a significant adverse effect on the toxicity of the new source compared to the reference source, the new source is equivalent to the reference source.
However, if there is evidence that a new impurity or an increased level of an impurity will have significant adverse effects on the toxicity of the new source compared to the reference source, the new source is not equivalent to the reference source.
The upper limits specified for relevant impurities of toxicological importance in the reference source must not be exceeded. If an excess is proposed, the applicant must provide a solid basis to support:
- a)the increase in the upper concentration limit and; b) the equivalence with the reference source.
7.3.2.4.1.3 Study of the toxicity of impurities.
For the study of the toxicity of impurities, the flow chart in Anexo II (Threshold II) must be used and the following criteria must be followed:
As a first step, toxicologists consider the case provided by the applicant, any available information on the impurity (as a pure substance or present as an impurity - see Anexo III), if the impurity has a structure of toxicological importance (see Anexo IV). Impurities of concern (because they are new or present at increased levels) can be initially divided into the following categories:
a- Impurities without toxicological importance: compounds known to have low toxicity (certain non-critical inerts, mineral salts, water, etc.). Generally, no additional toxicological evaluation will be required, but a reasoned report must be submitted.
b- Impurities of known toxicological significance: (see examples in Anexo IV). If one of these impurities is present in the new source but not in the reference source, solid evidence must be provided demonstrating that there will be no significant increase in toxicity compared to the reference source. If solid evidence cannot be provided, the new source will be considered not equivalent to the reference source.
If an impurity of toxicological significance has been identified as a relevant impurity in the reference source, a determination must be made as to whether the levels in the new source are still acceptable.
New impurities of unknown toxicological significance: (> 1 g/kg) or significant increases in the levels of non-relevant impurities will require further evaluation.
Assuming the necessary information is available, the competent authority considers whether the risk of the new material has significantly increased with respect to the reference source, due to the presence of impurities at the respective levels.
In the event that the risk of the new source is not increased due to a single impurity, but rather due to the sum of the new impurities, or the increased impurity levels, relative to the reference material, equivalence must also be rejected.
If sufficient information is not presented, more information must be generated as indicated in Anexo V.
7.3.2.4.1.4 Determination of an acceptable upper concentration limit for an impurity of toxicological significance. If an impurity of toxicological significance in the new source does not exceed an acceptable concentration level, this would help indicate that there is no increase in the risk of the new source compared to the reference source.
The following is initially examined:
Ø Consider the case presented by the applicant:
Ø Was the impurity present in the test material used in the critical toxicological studies and do the results indicate that at this concentration the impurity has not had a significant effect?
If the answer is yes, it may be appropriate to use the level of the impurity in the test material as an acceptable upper concentration limit, for which the judgment of an expert in the field will be required.
If the answer is no, follow the provisions established in Anexos V and VI.
Note: The limit for a relevant impurity can be set at a level lower than 1 g/kg (< 0.1%) for an e x c e p t i o n a l l y harmful impurity: for example, dioxins.
7.3.2.4.1.5 Decision-making:
When making a decision, the following options are available:
Ø The new source does not present a greater risk in relation to the reference source, therefore it is equivalent to the reference source.
Ø The new source contains one or more impurities of toxicological or ecotoxicological significance: therefore, more information is required to study equivalence (There would have to be strong grounds for requiring new toxicity studies).
Ø The new source is not equivalent to the reference source because it presents a greater risk.
When information on the new source is requested:
The toxicity profile will be considered equivalent to that of the reference source when the toxicological information provided for the study of the technical grade active ingredient (based on acute oral, dermal, and inhalation toxicity, dermal and ocular irritation, dermal sensitivity) does not differ by more than a factor of 2 compared with the reference profile (or by a factor greater than that used in the dose increment).
If it is greater than 2; this may apply when an acute NOAEL is determined) and does not result in a more severe hazard classification. There should be no changes in the evaluation in those studies that produce either a positive or negative result unless the new source is less hazardous.
If validated alternative tests are used (for example OECD 420 instead of OECD 401 for acute oral toxicity), expert judgment is required to compare the results.
If the information on the new source indicates that it is less hazardous than the reference source, the two sources can be considered equivalent.
When necessary, additional toxicological information from repeated administration (sub-acute to chronic) tests and reproduction, development, g e n o t o x i c i t y, carcinogenicity, etc. studies will be analyzed, provided that the organs affected are considered to be the same.
The NOELs ("no observable effect levels") or the NOAELs ("no observable adverse effect levels") should not differ more than the existing differences between the doses used.
In cases where the effects determining a critical NOAEL are different between the two sources, equivalence cannot be established without additional scientific arguments. Expert opinion will be required to analyze whether the effects are truly t o x i c o l o g i c a l l y different. A critical NOAEL is one that may have implications for establishing reference doses (ADI, ARfD, or AOEL).
Regardless of the provisions in the preceding paragraphs, equivalence cannot be established if a more severe hazard classification is required for the new source compared to the reference source.
Reports A report must be prepared in the format provided in Anexo VIII (Tier II).
7.3.2.4.2 Ecotoxicity.
7.3.2.4.2.1 Required information and evaluation process Analogous to the toxicity evaluation process, the objective is to identify whether there is an unacceptable increase in ecotoxicity in the new source, caused by new impurities or significant increases in the levels of impurities already present in the reference substance.
If new impurities or increases in the levels of existing impurities are present, the applicant must present a case or information to show that the new source is not significantly more ecotoxic than the reference source. If there is evidence that a new impurity or an increase in the level of an impurity will NOT have a significantly adverse effect on the ecotoxicity of the new source compared to the reference source, the new source is equivalent to the reference source.
However, if there is evidence that a new impurity or an increase in the level of an impurity will have a significant adverse effect on the ecotoxicity of the new source compared to the reference source, the new source is not equivalent to the reference source.
The evaluation of the ecotoxicity of the impurities must be based on the considerations on toxicity given in sections 7.3.2.4.1.3 and 7.3.2.4.1.4. The analysis must be based on any available ecotoxicological information, including previously conducted studies or at least validated SAR or QSAR information, to ensure that a minimum information package will be available in all cases.
7.3.2.4.2.2 Decision-making When information is requested for the new source, the ecotoxicological profile will be considered equivalent to the reference profile when the e c o t o x i c o l o g i c a l information provided [toxicity to aquatic and terrestrial organisms (example: fish, Daphnia, algae, birds, bees), as appropriate for the intended use, and information on persistence], for the technical grade active ingredient does not differ by more than a factor of 5 compared to the reference profile (or by a factor greater than the appropriate dose increment, if it is greater than 5) when determined using the same species.
7.3.3 PROCEDURE FOR THE REGISTRATION OF TECHNICAL GRADE ACTIVE INGREDIENT BY EQUIVALENCE.
7.3.3.1 RECEIPT AND REVIEW OF INFORMATION (FIRST STAGE):
- a)The registrant must submit the application for registration of the technical grade active ingredient by equivalence to the unit that administers the registry of the SFE.
- b)The unit that administers the registry of the SFE will proceed to issue a receipt indicating the following: time and date of the submission of the application.
- c)Always within this stage and once the submission procedure and issuance of the submission receipt has been completed, the unit that administers the registry of the SFE proceeds to open an administrative file, duly foliated, formally transfers it to the registry unit in charge of the equivalence evaluation, as well as the sealed envelope containing the confidential information.
- d)The assigned registration officer proceeds to review, within a period of ten business days, that all the documents and studies indicated in the previous point have been submitted, without beginning to analyze the content of said information.
- e)Once the review is finished and if the application is complete, the registrant will be notified of the application number, and the entry of record of the registration application will proceed. All of this within the period indicated in subsection d), provided that the protection period, which had been granted in Costa Rica, for the test data that the CA uses as evidence or supporting information for the registration has expired, or that the holder of the registration of the technical grade active ingredient that has test data protection has authorized the use of such data. If the protection period for said test data has not expired or such authorization is not available, the notification to the registrant must indicate this, and the entry of record of the registration application will not proceed. For these purposes, the CA must review the list referred to in Section 7 of this Regulation.
If the application is incomplete because any of the documents or requirements were not provided, a resolution will be issued only once, within the period indicated in subsection d), preventing the registrant, so that they may submit, within a period not exceeding sixty business days, the omitted documents or correct what was noted. In case of non-compliance, the definitive archiving of the file will be ordered.
(Thus amended the previous subsection by Article 9 of Decreto Ejecutivo N° 35828 of February 25, 2010) .
- f)If the documentation is complete, the entry of submission is assigned. The entry of submission will include the following information:
f.1) Time and date of submission of the application.
f.2) Name and status of the registrant or legal representative.
f.3) Name and other characteristics of the product to be registered and the confirmation that all regulatory documents have been submitted.
The entry of submission shall have consecutive numbering and be signed by the person in charge of the registry or their duly authorized subordinate.
7.3.3.2 ANALYSIS BY THE SFE (SECOND STAGE):
- a)The registration officer of the CA will verify the chemical entity contained in the technical grade active ingredient subject to registration, in order to determine if the reference profile established in accordance with this regulation, constituted by the technical grade active ingredient containing said entity, has current test data protection. If the test data protection is current, the CA may not grant the registration based on the protected test data, nor on the approval granted to the registration holder before the expiration date of said protection, unless it has the authorization of the holder of the registration of the technical grade active ingredient with protected test data.
(Thus added the previous subsection by Article 15 of Decreto Ejecutivo N° 35828 of February 25, 2010) b) The chemist in charge of the equivalence evaluation will have a maximum period of sixty business days to carry out the analysis, review, and verification of the documentation, evaluate the identity and quality tests deemed necessary, in order to verify the veracity of the information presented, and may even order the performance of tests or request additional information, provided there is technical and scientific justification for doing so.
(Thus the numbering of the previous subsection was run by Article 15 of Decreto Ejecutivo N° 35828 of February 25, 2010, which transferred it from the former subsection a) to the current b) c) In the event that it is proven that information is missing or incomplete, the chemist in charge of the evaluation may make observations in writing and only once to the applicant, indicating that they must comply with the omitted requirements or documents, within the period indicated in the previous subsection. The applicant will have a period of sixty business days to complete the missing information or requirements. Once the period has elapsed and in the event of not correcting the omission, the respective resolution will be issued ordering the rejection and definitive archiving of the application. This resolution will be subject to appeals for reconsideration and appeal before the Executive Director of the SFE, as well as an appeal for review before the Minister of Agriculture and Livestock (Ministro de Agricultura y Ganadería).
(Thus the numbering of the previous subsection was run by Article 15 of Decreto Ejecutivo N° 35828 of February 25, 2010, which transferred it from the former subsection b) to the current c) d) In those cases where the SFE requires the performance of additional tests or studies for decision-making, a longer period may be granted depending on the complexity of the tests or studies requested, all of which must be technically and scientifically justified.
(Thus the numbering of the previous subsection was run by Article 15 of Decreto Ejecutivo N° 35828 of February 25, 2010, which transferred it from the former subsection c) to the current d) e) Once the chemical equivalence of the molecule is demonstrated, the unit in charge of the evaluation proceeds to prepare the equivalence evaluation report, which it will send to the Head of the SFE unit that administers the registry so that the resolution authorizing the registration by equivalence of the technical grade active ingredient is issued.
(Thus the numbering of the previous subsection was run by Article 15 of Decreto Ejecutivo N° 35828 of February 25, 2010, which transferred it from the former subsection d) to the current e) f) Once the resolution issued is final, as the case may be, the registration of the product is ordered, the file is passed to the unit that administers the registry so that it proceeds to register the product in the registration book, and the respective registration number is assigned; the corresponding registration certificate will be granted to the registrant.
(Thus the numbering of the previous subsection was run by Article 15 of Decreto Ejecutivo N° 35828 of February 25, 2010, which transferred it from the former subsection e) to the current f) g) Once the product is registered, MINSA and MINAE will be notified, for information purposes, of the product registration.
(Thus the numbering of the previous subsection was run by Article 15 of Decreto Ejecutivo N° 35828 of February 25, 2010, which transferred it from the former subsection f) to the current g) h) For all of the above, the SFE has a period of sixty business days, counted from the receipt of the information by the chemist in charge of the equivalence evaluation.
(Thus the numbering of the previous subsection was run by Article 15 of Decreto Ejecutivo N° 35828 of February 25, 2010, which transferred it from the former subsection g) to the current h) 7.3.3.3 NON-CHEMICAL EQUIVALENCE OF THE TECHNICAL GRADE ACTIVE INGREDIENT (THIRD STAGE):
In the event that chemical equivalence cannot be determined by the SFE, the following alternatives are available:
- a)The applicant withdraws from the registration, formally notifying the SFE that they have no interest in continuing with the registration by equivalence process; based on this, the SFE proceeds to issue a resolution for the definitive archiving of the file.
- b)The applicant proceeds to make improvements to their synthesis process, on a commercial scale, in order to reduce or eliminate the impurities present in their molecule that prevent achieving chemical equivalence. Once the improvements to their process are made, they re-submit the new, improved process to the SFE, as well as the new probative elements, so that the chemical evaluation can be performed again. In this case, the case will be processed as a new registration application, and the interested party must carry out all the administrative procedures contemplated in this regulation for this registration modality.
- c)The applicant presents, to the SFE, a case with the justifications and scientific studies demonstrating that the non-relevant new impurities or the level of those impurities do not increase the level of risk to human health or the environment, in accordance with the provisions of this regulation. The information is analyzed jointly by the SFE, MINSA, specifically the Department of Registries and Controls (Departamento de Registros y Controles), and the unit that administers the registry of MINAE, which will have a period of forty-five business days to review the documentation according to their competencies, and determine whether the case demonstrates equivalence, or if, on the contrary, additional justifications or studies are required, in accordance with the provisions of this regulation and its annexes.
- d)Once the resolution ordering the registration by equivalence or rejection is final, MINSA and MINAE will be notified, for information purposes, of the respective resolution.
7.4 REGISTRATION OF THE SYNTHETIC FORMULATED PESTICIDE (*)a) To grant the registration of any synthetic formulated pesticide, it is essential that the technical grade active ingredient(s) that compose(s) it be registered with the CA, and meet any of the following conditions:
a.1) The registrant is the holder of the registration of the technical grade active ingredient(s) used to formulate the synthetic formulated pesticide, or a.2) The registrant has the authorization of the holder of the registration of the technical grade active ingredient(s) used to formulate the synthetic formulated pesticide.
(*)(Thus amended the previous subsection by Article 3 of Decreto Ejecutivo N° 35828 of February 25, 2010) b) The application for registration of the synthetic formulated pesticide may be submitted simultaneously with the application for registration of the technical grade active ingredient. Registration of the formulated product will not be granted until the technical grade active ingredient is registered.
- c)Registration of a synthetic formulated pesticide will not be granted when any protection period for the test data of the technical grade active ingredient(s) used to formulate the synthetic formulated pesticide has not expired, unless the holder of the registration(s) of said technical grade active ingredient(s) has authorized the use of such registrations. For these purposes, the CA must verify, for each registration application for a synthetic formulated pesticide, whether any of the technical grade active ingredients used to formulate the synthetic formulated pesticide has current test data protection, by reviewing the list referred to in Section 7 of this Regulation.
(Thus amended the previous subsection by Article 3 of Decreto Ejecutivo N° 35828 of February 25, 2010) 7.4.1 GENERAL DOCUMENTS TO ATTACH TO THE REGISTRATION APPLICATION a) In the case of the registration of a synthetic formulated pesticide formulated or packaged in the country, the formulator must be registered in the registry of natural or legal persons as a formulating company.
- b)In the case of the registration of a synthetic formulated pesticide formulated or packaged in another country (imported), the following must be submitted:
. Certification from the competent national authority of the exporting country indicating the number and date of the pesticide registration, type of formulation, and concentration, or a certificate of free sale and use of the pesticide, issued by the competent national authority of the country of origin. In the event that the product is not registered in the country of origin, a document issued by the Competent National Authority, in accordance with the FAO code of conduct, must be submitted, indicating the reasons why the product is not registered in its country of origin.
7.4.2 REQUIREMENTS AND CLASSIFICATION OF INFORMATION AND DOCUMENTATION FOR THE REGISTRATION OF THE SYNTHETIC FORMULATED PESTICIDE
I. Administrative File of the Dossier
- a)Registration Application.
- b)If the formulated product is being registered by a company other than the one that obtained the registration of the technical grade active ingredient(s), attach a letter of authorization from the registration holder, accompanied by the certificate of origin.
- c)Draft label and pamphlet.
- d)Samples of the synthetic formulated pesticide: THREE (3) samples of the formulated product in sealed containers, indicating:
. Name of the active ingredient.
. Concentration. Expressed as percentage. m/m or m/v . Formulation Type:
. Net Content.
. Expiration date.
Samples of each of the components of the formulation, identified with a code (If required).
The samples submitted must be withdrawn within a period of THIRTY (30) days after having been satisfactorily informed of the results of the analyses.
- e)Safety Data Sheet, which must contain:
- 1)Identification of the synthetic formulated pesticide and the Manufacturer.
1.1) Product.
1.2) Manufacturer.
1.3) Chemical name of the technical grade active ingredient.
1.4) CAS No. of the technical grade active ingredient.
1.5) Molecular formula of the technical grade active ingredient.
1.6) Molecular mass of the technical grade active ingredient.
1.7) Use.
- 2)Toxicological Classification According to the current toxicological classification table of the WHO.
- 3)Physical and chemical properties.
3.1) Physical appearance.
3.2) Color.
3.3) Odor.
3.4) Vapor pressure.
3.5) Melting point.
3.6) Boiling point.
3.7) Solubility in water at TWENTY DEGREES CENTIGRADE (20°).
3.8) Decomposition temperature.
3.9) Flammability.
3.10) Corrosivity.
4.1) Inhalation.
4.2) Skin.
4.3) Eyes.
4.4) Ingestion.
5.1) Extinguishing media.
5.2) Specific fighting procedures.
6.1) Personal precautionary measures.
6.2) Storage.
- 7)Stability and reactivity.
7.1) Stability.
7.2) Reactivity.
- 8)Potential health effects.
8.1) Inhalation.
8.2) Eyes.
8.3) Skin.
8.4) Ingestion.
- 9)Toxicological information.
9.1) Acute toxicity.
9.1.1) Oral LD50.
9.1.2) Dermal LD50.
9.1.3) Inhalation LC50.
9.1.4) Skin irritation.
9.1.5) Eye irritation.
9.1.6) Skin sensitization.
- 10)Ecotoxicological information.
10.1) Acute effects on aquatic organisms and fish.
10.2) Toxicity to birds.
10.3) Toxicity to bees.
10.4) Persistence in soil.
- 11)Emergency actions 11.1) Spills.
11.2) Fire.
11.3) Final disposal.
- 12)Transport information.
12.1) Ground.
12.2) Air.
12.3) Sea.
The information on the safety data sheet in this registration modality, where applicable, may be taken from the safety data sheet of the technical grade active ingredient(s) that are components of the formulation, except for the acute toxicological studies.
- f)Proof of payment of the current fee.
- g)Final label. This must be submitted once the registration has been approved, within a period of thirty business days.
- h)Certificate of Origin of the formulated product perfectly identifying the producing company, duly legalized by the authorities of the country of origin.
II. Confidential Information File of the Dossier
The confidential information must be submitted in duplicate in an envelope, whose pages, original and copy, will be sealed by the receiving official, with the copy being returned to the applicant. The authority will proceed to close and seal the envelope, which both will sign in such a way that when the envelope is opened by the official responsible for the confidential information, they have certainty that the confidentiality has not been violated; if the previous procedure and formalities are not followed, the unit that administers the registry of the SFE will not receive the information.
Inside the envelope, the registrant must submit the following information:
- a)Identity and manufacturing process:
a.1) Declaration of the quali-quantitative composition of the formulated product, signed by the Legal Representative, with the character of a Sworn Statement.
The declaration must contain:
. Content of the technical grade active ingredient expressed as a percentage, m/m or m/v.
. Content and nature of each of the other components included in the formulation.
(Corresponding to the codes with which the samples of the formulation components have been identified).
The declared concentration must be based on the analysis performed by the responsible chemist and will correspond to the analysis of representative samples of at least FIVE (5) formulation batches. Attach the corresponding analyses.
a.2) Certificate of analysis of the submitted samples, signed by the responsible chemist, indicating the content of the technical grade active ingredient(s) expressed as a percentage, m/m or m/v.
This certificate must be prepared under internationally recognized ISO protocols.
a.3) Description of the formulation process:
The company must submit information on the formulation processes for each of the phytosanitary products.
For each process, the following information must be provided:
a.3.1) Name(s) and address(es) of the formulator(s) involved in the process.
a.3.2) General characterization of the process.
a.3.3) Indicate the ingredients used to formulate the product.
a.3.4) Description of the equipment used.
a.3.5) Description of the conditions that are controlled during the process.
a.3.6) Description of:
a.3.6.1) Possible reactions subsequent to the formulation process between the active ingredients or between these and any other component of the formulation or the container.
a.3.6.2) Possible migration of materials from the container and the product.
III. Technical Information File of the Dossier
This information will be submitted with the documentation arranged by topics, as follows:
a.1) Content of the technical grade active ingredient(s), expressed in %, m/m or m/v.
a.2) Methods of analysis for the determination of the content of technical grade active ingredient(s). Said method must provide, as appropriate: specificity, linearity, accuracy, precision, recovery, and limit of detection. Clearly describing how it was performed and the results obtained. Probative elements must be attached, such as chromatograms (for the case of chromatographic determinations), indicating the substances corresponding to each peak. If it is analyzable chromatographically, a GC or HPLC profile of the sample must be presented, and the description of the preparation of the injected sample, concentration, solvent; complete chromatographic parameters, and the area percentage report of the chromatogram integration must be attached (except for the dissolution solvent in GC).
- b)Physical and chemical properties.
b.1) Appearance.
b.1.1) Formulation Type.
b.1.2) Color.
b.1.3) Odor.
b.2) Storage stability:
For solids and liquids. CIPAC MT 46. For liquids only. CIPAC MT 39.
b.3) Relative density: For liquids and solids. CIPAC MT 3.
b.4) Flammability:
b.4.1) For liquids: (Flash point). CIPAC MT 12.
b.4.2) For solids: It must be clarified whether or not the product is flammable.
b.5) Acidity/Alkalinity and pH: For pH determination. CIPAC MT 75. If the pH is less than 4, then ACIDITY. CIPAC MT 31. If the pH is greater than 10, then ALKALINITY. CIPAC MT 31.
b.6) Explosivity: (If the formulation contains any explosive component) EEC A. 14; FIFRA 63-16.
- c)Physical properties related to their use.
c.1) Wettability: For dispersible or wettable powders. CIPAC MT 53.3.
c.2) Foam persistence: For formulations applied with water. CIPAC MT 47.
c.3) Suspensibility: For water dispersible granules (WG). CIPAC MT 168. For wettable powders (WP). CIPAC MT 15. For suspension concentrates (SC) CIPAC MT 161.
c.4) Wet sieve analysis: For wettable powders and suspension concentrates. CIPAC MT 59.3.
c.5) Dry sieve analysis: For granules and powders. CIPAC MT 59.1.
c.6) Emulsion stability: For emulsifiable concentrates. CIPAC 36.1 and MT22.
c.7) Corrosivity. FIFRA 63-20; EEC A17.
c.8) Incompatibility with other products: With another phytosanitary or fertilizer.
c.9) Density: For solids and liquids. CIPAC MT 3.
c.10) Flash point: For oils and liquids. CIPAC MT 12.
c.11) Viscosity: For oils, suspensions, and emulsifiable concentrates. CIPAC MT22.
c.12) Sulfonation index: (Non-Sulfonatable Residue) For oils and emulsifiable oils intended for fruit trees or ornamentals). IRAM IAP A 67 -14.
c.13) Dispersion: For dispersible granules. CIPAC MT 174.
c.14) Gas release: For gas-generating granules.
c.15) Flowability or fluidity: For dry powders. CIPAC MT 44.
c.16) Iodine index: Iodine and Saponification index. Only for vegetable oils, not for mineral oils.
- d)Data on the application.
d.1) Scope of application (Field, Greenhouse, pests it controls, crops on which it is applied).
d.2) Effects on pests and on plants.
d.3) Conditions under which the product may or may not be used.
d.4) Efficacy and Phytotoxicity. For formulated synthetic pesticides being registered for the first time in the country, at least one efficacy trial, under the supervision of INTA, will be required.
In this case, the other requested uses may be supported by trials conducted under agroecological conditions similar to those required by the crop and the manifestation of the pest in Costa Rica, which may be recognized by INTA. In the event that a technical-grade active ingredient of a formulated pesticide has been registered under the equivalence registration modality, the corresponding formulation will not require efficacy trials as long as the evaluations of the physicochemical properties of the formulated product intended for registration are similar to those of the already registered material (subject to verification by the SFE). Additionally, efficacy tests recognized or supervised by INTA will be required in the following situations: when a new use is requested or when the physicochemical properties of the applicant formulated product differ significantly from those of the previously registered pesticide.
d.5) Number and timing of applications.
d.6) Application methods.
d.7) Instructions for use.
d.8) Re-entry time to the treated area, proposed by the company.
d.9) Pre-harvest intervals, proposed by the company.
d.10) Effects on subsequent crops.
d.11) Proposed and approved uses in other countries.
d.12) Registration status in other countries.
e.1) General considerations.
e.1.1) The label and the pamphlet shall be governed by the provisions of the current standards entitled:
. Mandatory Harmonized Instruction for the preparation of the label for formulated chemical pesticides for agricultural use in Central American countries.
. Mandatory Harmonized Instruction for the preparation of the pamphlet for formulated chemical pesticides for agricultural use in Central American countries.
e.1.2) The current classification system shall be adopted according to the toxicological classification table for pesticides based on their risks, developed by the WHO.
- f)Proposed containers and packaging.
f.1) Containers.
f.1.1) Type(s).
f.1.2) Material(s).
f.1.3) Capacity(ies).
f.1.4) Resistance.
f.1.5) Closure System.
f.2) Packaging.
f.2.1) Type.
f.2.2) Material.
f.2.3) Resistance.
f.3) Action of the product on the container material.
f.4) Procedures for decontamination and final disposal of containers.
- g)Data on product handling.
g.1) Methods for the destruction, elimination, or rendering unusable of the product.
g.2) Identity of combustion products originating in case of fire.
g.3) Procedures for cleaning and decontaminating application equipment.
h.1) Acute toxicity to mammals:
h.1.1) Acute oral median lethal dose (DL50), expressed in mg/kg of body weight. OECD Technical Guideline number 423.
This study will be required in all cases except if the product is a gas or is highly volatile.
h.1.2) Acute dermal median lethal dose (DL50) expressed in mg/kg of body weight. OECD Technical Guideline number 402.
This study will be required unless:
- a)The product is a gas or is highly volatile.
- b)The product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
h.1.3) Acute inhalation median lethal concentration (CL50), expressed in mg/dm3 or mg/m3. This will be requested when the product is a gas or liquefied gas, is a smoke-generating preparation or a fumigant, is used with fogging equipment, is a vapor-releasing preparation, is an aerosol, is a powder containing a significant proportion of particles with a diameter less than 50 micrometers, is applied from an aircraft, contains active substances with a vapor pressure greater than 1 x 10-2 Pa and is to be used in enclosed spaces, or is to be applied in a manner that generates particles or droplets with a diameter less than 50 micrometers. OECD Technical Guideline number 403.
h.1.4) Study of eye and skin irritation and corrosive properties. When it is known beforehand that the material is corrosive or that it produces no effect on skin and eyes, this test will be omitted. OECD Technical Guideline number 404 for skin irritation and 405 for eye irritation.
h.1.4.1) Dermal irritation.
This study will be required unless:
- a)The product is a gas or is highly volatile.
- b)The product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
h.1.4.2) Eye irritation. This study will be required unless the product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
h.1.5) Dermal sensitization. OECD Technical Guideline number 406. This study will be required unless repeated dermal exposures do not occur under conditions of use.
The data provided for subsection h.1 (acute toxicity to mammals) must be generated through experimental studies.
h.2) Mandatory Medical Information.
h.2.1) Diagnosis and symptoms of poisoning.
h.2.2) Proposed treatments.
h.2.3) First aid.
h.2.4) Antidotes.
h.2.5) Medical treatment.
h.3) Supplementary Medical Information (When available).
h.3.1) Observation on the exposure of the general population and epidemiological studies.
h.3.2) Direct observation of Clinical, Accidental, and Deliberate Cases.
7.4.3 PROCEDURE FOR THE REGISTRATION OF THE FORMULATED SYNTHETIC PESTICIDE 7.4.3.1 RECEIPT AND REVIEW OF INFORMATION (FIRST STAGE):
- a)The registrant must submit the registration application to the unit that administers the SFE registry.
- b)The unit that administers the SFE registry will proceed to issue a receipt indicating the following: time and date of submission of the application, samples of the product, and the containers submitted.
- c)Always within this stage and upon completion of the submission procedure and issuance of the submission receipt, the unit that administers the SFE registry proceeds to open an administrative file, duly paginated, which must be transferred to the assigned officer of the unit that administers the SFE registry for review.
- d)The assigned registration officer will have a maximum period of ten business days to review that all the documents and studies indicated in the previous point have been submitted, without analyzing the content of said information.
(*)e) Upon completion of the review and if the application is complete, the registrant will be notified of the application number and the entry of the registration application will be recorded. All this within the period indicated in subsection d), provided that one of the following conditions is met:
e.1) that the registrant is the holder of the registration of the technical-grade active ingredient(s) used to formulate the formulated synthetic pesticide; or e.2) that the registrant has authorization from the holder(s) of the registration(s) to use the registration of the technical-grade active ingredient(s) used to formulate the formulated synthetic pesticide.
If none of the above conditions are met, the notification to the registrant must indicate this and the entry of the registration application will not be recorded.
If the application is incomplete because any of the documents or requirements were not provided, a resolution will be issued on a single occasion, within the period indicated in subsection d), cautioning the registrant to submit, within a period not exceeding sixty business days, the omitted documents or to correct what was indicated. In case of non-compliance, the definitive archiving of the file will be ordered.
(*)(Thus amended the previous subsection by Article 10 of Executive Decree No. 35828 of February 25, 2010) f) If the documentation is complete, the submission entry is assigned.
The submission entry will include the following information:
f.1) Time and date of submission of the application.
f.2) Name and qualifications of the registrant or the legal representative.
f.3) Name and other details of the product to be registered and confirmation that all regulatory documents have been submitted.
The submission entry will be sequentially numbered and signed by the person in charge of the registry or their duly authorized subordinate.
7.4.3.2 ANALYSIS BY THE SFE (SECOND STAGE):
- a)The registration officer of the AC assigned will verify the technical-grade active ingredient(s) comprising the formulated synthetic pesticide subject to the application, in order to determine if any of them has current test data protection. If the test data protection for any of the technical-grade active ingredients comprising the formulated synthetic pesticide subject to registration is in force, the AC may not grant the registration, unless the registrant is the holder of the registration of the technical-grade active ingredient(s) comprising the formulated synthetic pesticide or has authorization from the holder(s) of said registration(s).
(Thus added the previous subsection by Article 16 of Executive Decree No. 35828 of February 25, 2010) b) The registration officer in charge of the administrative file will have a maximum period of sixty business days to carry out the analysis, review, and verification of the documentation, evaluate the identity and quality tests deemed necessary, in order to verify the truthfulness of the information submitted, and may even order field trials for this purpose, provided there is technical and scientific justification for doing so.
(Thus renumbered the previous subsection by Article 16 of Executive Decree No. 35828 of February 25, 2010, which transferred it from the former subsection a) to the current b)) c) In the event that it is verified that the submitted information and documents require clarification or are incomplete, the SFE may make observations in writing and on a single occasion to the applicant, indicating that they must fulfill the omitted requirements or documents, within the period indicated in the previous subsection.
The applicant will have a period of sixty business days to complete the missing information or requirements. Once the period has elapsed and in case of failure to remedy the omission, the respective resolution will be issued ordering the rejection and definitive archiving of the application. This resolution may be appealed through revocation and appeal before the Executive Director of the SFE, as well as an appeal for review before the Minister of Agriculture and Livestock (Ministro de Agricultura y Ganadería), who exhausts the administrative channel.
(Thus renumbered the previous subsection by Article 16 of Executive Decree No. 35828 of February 25, 2010, which transferred it from the former subsection b) to the current c)) d) In those cases where the SFE requires additional tests or studies for decision-making, a longer period may be granted depending on the complexity of the requested tests or studies, all of which must be justified technically and scientifically.
(Thus renumbered the previous subsection by Article 16 of Executive Decree No. 35828 of February 25, 2010, which transferred it from the former subsection c) to the current d)) e) Once the above is completed, either because the application is complete or because the registrant remedied the defects or omissions, the unit that administers the registry proceeds to record the registration application in a submissions book kept for this purpose by the registry, by means of a sequentially numbered entry.
(Thus renumbered the previous subsection by Article 16 of Executive Decree No. 35828 of February 25, 2010, which transferred it from the former subsection d) to the current e)) 7.4.3.3 CONSULTATION WITH MINSA AND MINAE (THIRD STAGE):
- a)Once the information is verified as truthful, the administrative and technical information files are sent to MINSA, specifically to the Directorate of Registries and Controls (Dirección de Registros y Controles), and to the unit that administers the MINAE registry, for them to analyze the documentation according to their competencies.
- b)Both Ministries proceed to analyze the information pertinent to their competencies, in order to verify that the product does not affect human health or the environment, for which they must issue a technical opinion on the information, which must be sent to the unit that administers the SFE registry, along with the files that were forwarded, within a period of thirty business days, counted from receipt of the information that falls under their respective competency.
- c)In those cases where MINSA and MINAE require additional tests or studies for decision-making, a longer period may be granted depending on the complexity of the requested tests or studies, all of which must be justified technically and scientifically.
- d)The opinions of MINSA and MINAE will be forwarded by those ministerial portfolios to the SFE, which will formally notify the registrant of them. The registrant may request, through the SFE, the additions or clarifications deemed pertinent and necessary on aspects covered in the opinions or that were omitted in the evaluation of MINSA or MINAE.
7.4.3.4 PUBLICATION OF THE EDICT AND OPPOSITIONS (FOURTH STAGE):
- a)Upon completion of the analysis and consultation stage, the unit that administers the registry proceeds to prepare the edict, which will be published in the Official Gazette, La Gaceta. This edict must contain a brief description of the product to be registered and is published on a single occasion.
- b)Once the edict is published, the period for oppositions opens, which is ten business days, counted from the publication and within which any third party may oppose the registration of the product.
- c)The oppositions must be reasoned and substantiated, clearly and precisely expressing the aspects and points on which the registration application is opposed.
- d)The opposition brief must indicate the name and qualifications of the opposing party, the reasons for their opposition and the supporting evidence, and the place or means for receiving notifications.
- e)The oppositions received within the deadline will be forwarded to the registrant so that within a period of fifteen business days, they may pronounce on them and provide the exculpatory evidence they deem pertinent, in defense of their interests.
7.4.3.5 ASSESSMENT, ANALYSIS, AND ISSUANCE OF THE ADMINISTRATIVE RESOLUTION (FIFTH STAGE):
- a)Once the opposition period is closed, the registration officer studying the file will proceed to analyze and assess the case.
- b)Once the analysis is completed, the final resolution is issued and notified, either ordering the registration or, conversely, rejecting the application filed, expressing the technical and legal reasons on which the decision is based.
- c)In the event that the resolution is positive, meaning that the registration application is accepted, the reasons and grounds for rejecting the oppositions, if any, must be indicated.
- d)Conversely, in a resolution rejecting the registration application, the technical and legal reasons for the rejection must be stated, or indicate whether the arguments of the oppositions, if any, are accepted in whole or in part.
- e)Once the issued resolution is final, if the registration is rejected, the file is archived; if it is positive, meaning it accepts the application and orders the registration of the product, the file is passed to the unit that administers the registry so that it can register the product in the registration book and assign the respective registration number; the corresponding registration certificate will be granted to the registrant.
- f)For the assessment, analysis, issuance of the administrative resolution, issuance of the registration certificate, and notification to MINSA and MINAE, the SFE has a maximum period of fifteen business days counted from the end of the period to receive arguments and counter-arguments against the oppositions, or once the opposition period has expired if none were filed.
- g)Once the product is registered, MINSA and MINAE will be notified for informational purposes regarding the product registration.
(*) 7.5- Registration of adjuvants, related substances, and physical carriers containing related substances.
7.5.1. General documents to be attached to the registration application.
For the registration of adjuvants, related substances, and physical carriers containing them, for agricultural use, the following requirements must be met:
I.- Administrative file of the dossier:
- a)Registration application (Anexo I).
- b)Submit a certification issued by the Competent Authority or any other legally authorized entity for issuing such certifications, attesting that the establishment is registered or, failing that, authorized to carry out formulation activities in its country of origin, and accompanied by the certificate of origin of the product from the country of formulation.
- c)Certificate of analysis for the related substance or adjuvant in original, issued by the manufacturer or formulator, as applicable, and signed by the responsible professional, which shall contain only the details of the nominal concentration of the component(s) of the related substance or adjuvant expressed in percentage(s) mass/mass or mass/volume, as appropriate for the physical state.
- d)Safety Data Sheet which must contain:
- 1)Product identification:
1.1) Product (Brand, concentration, and formulation).
1.2) Formulator's Name and address.
1.3) Accepted or proposed chemical name by IUPAC of the component(s) of the related substance or adjuvant, if it exists.
1.4) CAS No. of the component(s) of the related substance or adjuvant, if it exists.
1.5) Molecular formula of the component(s) of the related substance or adjuvant.
1.6) Molecular mass of the component(s) of the related substance or adjuvant.
1.7) Use: Class and type.
- 2)Physical and chemical properties.
2.1) Physical state.
2.2) Color.
2.3) Vapor pressure.
2.4) Melting point. (Does not apply to mixtures) 2.5) Boiling point. (Does not apply to mixtures) 2.6) Solubility g/L in water, at twenty degrees CELSIUS (20 ºC).
2.7) Solubility in other solvents.
2.8) Decomposition temperature.
2.9) Flammability.
2.10) Explosivity.
2.11) Corrosivity.
3.1) Inhalation.
3.2) Skin.
3.3) Eyes.
3.4) Ingestion.
- 4)Fire-fighting measures.
4.1) Extinguishing media.
4.2) Specific fire-fighting procedures.
5.1) Personal precautionary measures.
5.2) Proper storage conditions.
- 6)Stability and reactivity.
6.1) Stability.
6.2) Reactivity.
- 7)Potential health effects.
7.1) Inhalation.
7.2) Eyes.
7.3) Skin.
7.4) Ingestion.
- 8)Acute toxicological information.
8.1) Oral DL50.
8.2) Dermal DL50.
8.3) Inhalation CL50.
8.4) Skin irritation.
8.5) Eye irritation.
8.6) Skin sensitization.
- 9)Ecotoxicological information.
9.1) Acute effects on aquatic organisms: fish and Daphnia.
9.2) Toxicity to birds.
9.3) Toxicity to bees.
9.4) Toxicity to earthworms.
9.5) Toxicity to algae.
10.1) Spills.
10.2) Fire.
10.3) Final disposal.
- 11)Transport information.
11.1) Land.
11.2) Air.
11.3) Sea.
Note 1: The safety data sheet information in this registration modality shall be presented according to the information submitted in the registration application.
- 12)Proof of payment of the current fee.
II.- Technical information file of the dossier:
- a)Physical and chemical properties of each of the main components, excluding the inert ingredients that constitute the related substance or adjuvant:
- 1)Chemical name(s) according to IUPAC and their concentrations expressed in mass/mass or mass/volume percentages, according to the physical state of the product. Also indicate the CAS number.
- 2)Molecular formula and molecular mass.
- 3)Melting point in ºC for solids at room temperature (20 ºC).
- 4)Decomposition temperature in ºC. (In case it decomposes before the melting or boiling point).
- 5)Boiling point in ºC for liquids at room temperature (20 ºC).
- 6)Physical state.
- b)Characteristics of the formulated product:
- 1)Flammability (flash point in ºC for liquids and for solids, indicate whether it is flammable or not).
- 2)Explosivity.
- 3)Color.
- 4)Corrosivity (reaction with other materials, for product handling purposes) also indicate if it has any chemical action on the material of the recommended containers.
- 5)Solubility in water in g/L, at a temperature between 10 and 30 ºC.
- 6)Solubility in other organic solvents.
- 7)Density in g/mL, at any temperature between 10 and 30 ºC.
- 8)Shelf life of the product in storage. Also indicate the conditions for its storage, such as temperature, humidity, and ventilation.
- 9)Incompatibility with other chemical products for agricultural use and other substances.
- 10)Indicate if it produces foam.
- 11)Vapor pressure.
- c)Agronomic Use, according to the type of product:
- 1)Scope of Application (field conditions and controlled conditions).
- 2)Crops (common and scientific name).
- 3)Pests to be controlled (common and scientific name) or physiological effect on the plant.
- 4)Mode and mechanism of action on crops, harvest, and pest.
- 5)Recommended doses (per unit area, per volume to be used, per plant, or others).
- 6)Application method.
- 7)Timing, interval, and maximum number of applications per crop cycle.
- 8)Interval between the last application and harvest.
- 9)Re-entry time to the treated area.
- 10)Incompatibility of use with other products.
- 11)Phytotoxicity of the product.
- 12)Information on the type of equipment to be used for applying the product.
- 13)Information on the preparation of the mixture: Indicate the order of mixing, the appropriate pH of the water or the mixture to be used, the latter according to the type of product or the desired effect of the product on the plant, and the method of applying the product.
- 14)Warnings and precautions for the use of the product for humans, animals, and the environment.
- d)Biological efficacy trial for each of the requested uses, which must have been conducted according to the standard protocol for efficacy trials per anexo IX. The Unit that administers the SFE registry will assess whether or not to present such trials depending on the use of the product. The SFE may accept trials from other countries conducted under agroecological conditions similar to those of Costa Rica, which must be validated by the Unit that administers the SFE registry.
- e)Containers:
- 1)Type.
- 2)Material.
- 3)Capacity.
- 4)Information on the closure system: safety seal, container tightness, or other.
- 5)Procedures for the decontamination and final disposal of empty containers.
- f)Chemical methods of analysis.
- 1)To identify, characterize, and quantify the component(s) of the related substance or adjuvant. In the case of physical carriers containing related substances, this must be presented for the related substance and not for the physical carrier.
- g)Acute Toxicity studies for mammals:
- 1)Acute oral median lethal dose (DL50), expressed in mg/kg of body weight. OECD Technical Guideline 423. This guideline is recommended to more clearly establish the acute toxicological classification, according to the current WHO/FAO classification.
This study will be required in all cases except if the product is a gas or is highly volatile.
- 2)Acute dermal median lethal dose (DL50) expressed in mg/kg of body weight. OECD Technical Guideline number 402.
This study will be required in all cases, except when:
2.1) The product is a gas or is highly volatile.
2.2) The product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
- 3)Acute inhalation median lethal concentration (CL50), expressed in mg/l or mg/m3. OECD Technical Guideline 403.
This study will be required only when the product is: a gas or a liquefied gas, can be used as a fumigant, can be included in an aerosol or a vapor-releasing preparation, can be used with fogging equipment, has a vapor pressure greater than 1x10-2 Pa and is to be included in preparations used in enclosed spaces, can be included in powder preparations with a proportion greater than 1% by weight of particles with a diameter less than 50 micrometers, or can be included in preparations applied in a manner that generates a quantity greater than 1% by weight of particles or droplets with a diameter less than 50 micrometers.
- 4)Dermal irritation study. The test must show the potential for skin irritation, including the potential reversibility of the observed effects. OECD Technical Guideline 404.
This study will be required in all cases, except when:
4.1) The material is known beforehand to be corrosive.
4.2) It has a pH less than 2 or greater than 11.5.
4.3) It is known not to cause effects on the skin.
4.4) It is a gas or highly volatile.
- 5)Eye irritation. The test must show the potential for eye irritation, including the potential reversibility of the observed effects. OECD Technical Guideline 405.
This study will be required in all cases, except when:
5.1) The material is known beforehand to be corrosive.
5.2) It has a pH less than 2 or greater than 11.5.
5.3) It is known not to cause eye effects.
- 6)Skin sensitization. OECD Technical Guideline 406. This study will be required in all cases, except when the product is known to be a known sensitizer, or when it is a gas or a highly volatile substance.
- h)Toxicological Classification: According to the current WHO/FAO toxicological classification table (Anexo XVII).
Note 1: For those products that do not have acute oral and dermal toxicological information, they will be classified in category IV (green band).
- i)Mandatory medical information:
- 1)Symptoms presented by acute poisonings: by the oral, dermal, and inhalation routes typical of the product.
- 2)Absorption routes of the product and the possible mode of toxic action if known.
- 3)Emergency procedures and first aid in case of acute poisoning by any absorption route.
- 4)Information on antidotes, medical treatment, and contraindications.
- j)Ecotoxicological Studies:
- 1)Acute oral toxicity in one of the following bird species: pheasant, quail, mallard duck, or another validated species. OPPTS 850.2100 Avian Acute Oral Toxicity Test. EPA.
- 2)Acute toxicity in fish, CL50 in one of the following species: rainbow trout, carp, or any other validated species that inhabits waters with temperatures between 10 and 30 degrees Celsius. OECD Guideline 203.
- 3)Acute toxicity in bees (oral and contact). OECD Guideline 213 and 214.
- 4)Toxicity in Earthworm Eisenia foetida. Median lethal concentration (LC50). OECD Guideline 207 and EPA OPPTS No. 8506200 5) Acute toxicity in Daphnia magna. OECD Guideline 202.
- 6)Study on the effect on the growth of algae, such as Selenastrum capricornutum or other validated aquatic plant species. OECD Guideline 201.
- k)Effects on the abiotic environment:
k.1) Study on the rates and pathways of degradation in aqueous media, as well as in air and soil, including half-life values, metabolites, and products resulting from degradation in water and soil.
The registrant may justify the non-submission of any of the requirements indicated in subsections j) and k), when demonstrating that the environment will not suffer unacceptable risk, as determined by the AC, considering any of the following conditions:
- a)That according to the mode of use of the product (exposure assessment), there will be no unacceptable risks to non-target organisms.
- b)That by extrapolation of information generated for chemical molecules of similar structure, it is substantiated that the product to be registered does not present data of toxicological concern.
- c)That it is demonstrated through other scientific studies on the product to be registered that the risk of harm is not significant.
For the requirements requested in subsections g), j), and k), the respective summary in Spanish of each investigation must be submitted, which must contain, in addition to the information in the guideline used, the following: title, author, and institution that conducted the trial, sponsor, date of the test, reference guideline or protocol, identity of the test substance (chemical name according to IUPAC, common name, CAS Number, concentration), test conditions, methodology, results, and conclusions described as specified by the guideline used in this test.
- l)For registration applications for adjuvants and related substances, with the exception of what is indicated in subsections j and k, the registration applicant may justify, based on technical and scientific criteria, before the AC, the non-fulfillment of any specific requirement of the technical information of the dossier, attaching the corresponding information and studies. For this purpose, the AC will evaluate the arguments under technical and scientific criteria and must issue the corresponding resolution. However, the competent authority is empowered to request, with prior technical or legal justification, other studies it deems pertinent.
III.- Confidential information section of the dossier:
- a)Declaration of the quali-quantitative composition in original, issued by the formulating entity, which must have been issued within a period not exceeding one year prior to the date of its submission to the AC. The declaration must contain the following information:
a.1) Identity and nominal content of each component of the related substance or adjuvant expressed as a mass/mass or mass/volume percentage.
a.2) Identity and nominal content of each of the other additives and inerts included in the formulation.
Note: The identity must be indicated according to its IUPAC chemical name and its CAS number.
- b)In the case of physical vehicles containing related substances, the production process of the physical vehicle with the related substance must be submitted.
7.5.2. Labeling.
Every registration application must be accompanied by the draft label and pamphlet that the product will display, written in Spanish and clearly printed with the information indicated in Annexes X, XI, XII, XIII, XIV, XV, XVI, according to the presentations of the containers or packages and type of product. In the case of Adjuvants, the type refers to the main action for which the adjuvant is intended.
7.5.3. Registration of physical vehicles containing related substances.
In the case of related substances incorporated into a physical vehicle, in addition to the information indicated in sections 7.5.1 and 7.5.2, the following information must be submitted:
1. General characteristics of the physical vehicle:
1.1- Material used 1.1.1- Type (characterization) 1.1.2.- Descriptive characteristics (color, dimensions) 1.1.3- Certification of the Reactivity of the related substance with the physical vehicle. (Whether the physical vehicle is resistant to the chemical or physical action of the related substance, whether the stability of both is maintained). This must be issued by a chemist.
7.5.4 Procedure for the registration of adjuvants, related substances, and physical vehicles containing related substances 7.5.4.1 Receipt and review of information (First stage):
- a)The registrant must submit to the unit that administers the registration of the AC the dossier accompanied by the administrative, technical, and confidential sections.
- b)The unit that administers the registration of the AC will proceed to issue a receipt indicating the following: time and date of submission of the application, name of the applicant, name and personal identification number of the person submitting it, record of the documents submitted, as well as the name and personal identification number of the official receiving the dossier.
- c)Always within this stage and once the submission process and issuance of the submission receipt are completed, the unit that administers the registration of the AC will proceed to open an administrative proceedings dossier, duly paginated, which must be transferred together with the dossier to the assigned officer for review.
7.5.4.2 Analysis by the ministries (Second stage):
- a)The AC will send a copy of the dossier for consultation, according to their competencies, to the Ministry of Health and the Ministry of Environment, Energy, and Telecommunications.
- b)The Ministries will have a period of 1 month to analyze the information, counted from the receipt of the same.
- c)The opinions of the Ministry of Health and the Ministry of Environment, Energy, and Telecommunications will be forwarded by those ministerial portfolios to the unit that administers the registration of the AC and will be binding.
- d)Once the respective criteria are obtained, the AC will notify the interested party via resolution within the period established in subsection b), requiring them to submit, within a period not exceeding 60 business days, the omitted documents or to rectify what was noted by such criteria. In case of non-compliance, the definitive archiving of the dossier will proceed, and the applicant will be notified via resolution.
- e)In those cases where the AC requires additional tests or studies (as stated in their criteria by the Ministries involved in this registration process) for decision-making, a longer period may be granted upon request, which must be justified, and will depend on the type of test or study in question. If additional time is authorized and this period expires without the requested information having been submitted, the definitive archiving of the dossier will proceed, and the applicant will be notified via resolution.
- f)Once the documents are submitted or the noted defects are rectified, the Ministries that requested them will have a period of one month to issue a new opinion.
7.5.4.3 Publication of edicts and oppositions (Third stage):
- a)If the recommendation of the Ministries is the approval of the information submitted in the registration application, the AC proceeds to prepare the edict, which will be notified within a period of eight calendar days to the interested party via resolution so that it may be collected at the AC. It must be published once in the Official Gazette La Gaceta by the interested party. Said edict must contain a brief description of the product to be registered.
- b)Once the edict is published, the period for oppositions opens, which is 10 business days counted from the day following publication, within which any third party demonstrating a legitimate interest may oppose the registration of the product.
- c)Oppositions must be reasoned and substantiated, as well as clearly and precisely express the aspects and points on which the registration application is opposed. Furthermore, the opposing party must provide all documentary evidence and legal, technical, or scientific grounds that support their opposition.
- d)The opposition brief must indicate the name and qualifications of the opposing party, and the place or means for receiving notifications.
- e)The AC, within a term of seven calendar days from receipt of the opposition, will notify the registrant so that they may pronounce on the oppositions within a period of fifteen business days, and provide the exculpatory evidence they deem pertinent, in defense of their interests.
- f)Once the period for oppositions is closed, the registration officer in charge of the dossier will proceed to conduct the analysis and assessment of the case in matters within their competence. If the opposition concerns matters within the competence of the Ministry of Health and the Ministry of Environment, Energy, and Telecommunications, they will notify the respective Ministry to issue a technical opinion on the matter.
7.5.4.4 Assessment, analysis, and issuance of the administrative resolution (Fourth stage):
- a)The AC, within a period of twenty-two calendar days from the receipt of the responses to the opposition, will evaluate the opposition and the responses, or in the event that no oppositions are filed, the AC will proceed to issue and notify the final resolution, either ordering the registration, or conversely rejecting the application filed, expressing the technical and legal reasons on which its decision is based. Once the remedies indicated in section 8.2 of this regulation are resolved, or the period for filing remedies has passed without the interested party appealing the final resolution, it will become final.
- b)Once final, the resolution issued, in case the registration is rejected, the dossier will be archived, notifying the registrant via resolution, or in case it is positive, that is, the application is accepted and the registration of the product is ordered, the dossier is passed to the unit that administers the registration of the AC to proceed with registering the product in the registration book and assigning the respective registration number; the registrant will be notified via resolution and granted the corresponding registration certificate.
- c)Once the product is registered, the Ministry of Health and the Ministry of Environment, Energy, and Telecommunications will be notified of its registration.
(*)(Subsection 7.5 above thus amended by Article 3 of Executive Decree No. 36190 of June 7, 2010).
8. GENERAL ASPECTS OF THE PROCEDURES In exceptional cases, the Ministries may request additional information or studies beyond those already provided in the application by the administered party, provided that this information is indispensable for the resolution of the registration and re-registration. Such request shall be made in writing and indicate the technical and scientific justifications for said request.
8.1 EXCEPTIONS TO THE TIME LIMITS 8.1.1 The analysis time limits by the SFE registration officer and the officials of MINSA and MINAE may be extended, provided that a technically and scientifically reasoned resolution justifies that the time limit is insufficient for the analysis of the information.
This resolution shall be subject to the remedies of revocation, appeal, and review.
8.1.2 The time limits for issuing criteria established in this regulation shall be interrupted or suspended in the event that additional information or documentation is required, which must be justified technically and scientifically.
8.2 REMEDIES AGAINST THE RESOLUTION 8.2.1 In the event that any of the parties disagrees with the decision, each of the competent bodies will proceed to hear the remedies filed.
8.2.2 The remedy of revocation must be filed within a period of three days, counted from notification; it is heard and decided by the Agricultural Inputs Management of the SFE; the time limit for resolution is three business days.
8.2.3 The remedy of appeal must be filed within a period of three business days, counted from the notification of the resolution deciding the remedy of revocation. It is filed before the Executive Director of the SFE, who must decide within a maximum period of five business days, by reasoned resolution.
8.2.4 The remedy of review is filed before the Minister of Agriculture and Livestock, within a period of 24 hours following the notification of the resolution of the Executive Director deciding the appeal. The Minister must decide within a maximum period of eight business days, and the decision of the Minister exhausts the administrative channel.
9 VALIDITY OF REGISTRATION.
9.1 Registrations shall have a validity of ten years from their inscription. One year before their expiration, the registrant must submit the re-registration application.
9.2 Notwithstanding the foregoing, registrations granted may be canceled at any time by the SFE, for any of the causes established in this regulation or at the request of the holder and prior initiation of an administrative procedure for cancellation of registration.
10. RE-REGISTRATION.
10.1 In order to comprehensively review the registration data of pesticides in light of new technical-scientific information that may exist about them, the figure of re-registration is created, with the purpose of assessing the advisability or not of maintaining those substances on the market.
For re-registration, the registrant must submit:
- a)Re-registration application, for which the registration form must be submitted.
- b)Affidavit certifying that the manufacturing or formulation process, the toxicological and eco-toxicological information remains unchanged. In the event that there has been a change, the applicant must provide the new studies and information for assessment by the competent Ministries.
- c)Proof of payment of the current fee.
10.2 In exceptional cases, the Ministries may request additional information or studies beyond those already provided in the application by the administered party, provided that this information is indispensable for the resolution of the re-registration. Such request shall be made in writing and indicate the technical and scientific justifications for said request.
11. PUBLICATION OF INFORMATION The SFE shall maintain updated and available to the public through its Website:
- a)List of registered formulated synthetic pesticides, technical-grade active ingredient, adjuvants, and related substances for agricultural use, as well as their characteristics and conditions of use.
- b)List of formulated synthetic pesticides, technical-grade active ingredient, adjuvants, and related substances for agricultural use in the process of registration, their modality, and the applicant.
- c)Information on natural or legal persons registered with the SFE.
12. MODIFICATIONS TO THE REGISTRATION The registration may be modified at the request of the registration holder. For this purpose, the applicant must submit the application indicating the proposed change, the reason for it, and comply with the requirements and procedures indicated in this chapter.
12.1 CAUSES AND REQUIREMENTS FOR MODIFICATION OF THE REGISTRATION The causes for modification of a registration and the requirements for each of these are as follows:
- a)Inclusion or exclusion of the originally recommended use, of crops, pests, doses, changes in application intervals, and intervals between the last application and harvest.
The requirements to be met are as follows:
a.1) Field test(s) for biological efficacy, recognized or supervised by the INTA.
a.2) Maximum residue limit (MRL), when applicable according to the requested modification.
a.3) Draft label or pamphlet.
a.4) Comply with the Standard Protocol for Biological Efficacy Trials of Pesticides for Agricultural Use (Decree No. 31961-COMEX-MAG, subsection e, Annex 5).
- b)Transfer of registration:
b.1) Document evidencing the transfer.
- c)Change of product name:
c.1) Label and pamphlet.
- d)Inclusion or exclusion of commercial presentations or type of container:
d.1) Label.
d.2) Type and material of the container.
- e)Change of corporate name of the manufacturer, formulator, or registrant:
e.1) Document evidencing the change of corporate name of the manufacturer or formulator in the country of origin.
e.2) In the case of a change of corporate name of the registrant, they must provide certification attesting to the registry inscription of the change.
e.3) Draft label and pamphlet for each of the products affected by the change.
- f)(This numeral repealed by Article 4 of Executive Decree No. 35312 of March 17, 2009) g) Change of site or origin for the same formulated synthetic pesticide.
g.1) Document certifying that the manufacturing or formulation process remains unchanged.
g.2) Draft label and pamphlet for each of the products affected by the change.
Any of the above modifications shall retain the corresponding registration number as well as the date.
12.2 PROCEDURE AND TIME LIMITS FOR MODIFICATIONS TO THE REGISTRATION The procedure and time limits for registration modifications are as follows:
- a)Application: The administered party must submit the application to the SFE unit that administers the registration, indicating the proposed change, the reason for it, and the information and requirements specified for each of the causes. In addition to indicating the office or means for receiving notifications. In the event that the application is incomplete, contains omissions, or does not clearly indicate the proposed change, the competent authority shall issue, within a period not exceeding five business days, an administrative resolution informing the administered party of the aspects to be rectified or the requirements to be provided, granting a period of eight business days for the administered party to comply with the requirement.
- b)Publication of Edict: Only applies for cause c) of registration modifications, in the event that the trademark certificate is not provided.
- c)Final Resolution: The competent authority, within a period not exceeding five business days, will proceed to issue the final resolution, granting or rejecting the application for registration modification.
- d)Remedies: The decision of the SFE unit that administers the registration shall be subject to the remedy of appeal, which must be filed before the Director of the SFE within a period not exceeding three business days, counted from the notification of the appealed resolution, and must express the grounds for disagreement and the evidence on which it is based. The resolution issued by the Director of the SFE must be issued within a period of five business days and shall be subject to the remedy of review before the Minister of Agriculture and Livestock, which must be filed within a period of 24 hours from the notification of the resolution issued by the Director of the SFE. The period to resolve the review shall be three days, and the decision of the Minister shall exhaust the administrative channel.
13. Suspensions and Cancellations of registrations (Point 13 above thus amended by Article 1 of Executive Decree No. 37136 of October 6, 2011) (*) 13.1 Suspension of registration 13.1.1 General aspects of registration suspension The registration of a formulated synthetic pesticide, technical-grade active ingredient, related substances, and physical vehicles containing them, and the authorizations derived therefrom, may be suspended through the administrative procedure established in the General Law of Public Administration, if any of the causes for suspension of registration indicated in numeral 13.1.2 are determined.
13.1.2 The registration of a technical-grade active ingredient, formulated synthetic pesticide, related substance, and physical vehicles containing them, for agricultural use, shall be subject to suspension when:
- a)The registration holder or legal representative markets the product with a label not authorized by the AC.
- b)The judicial authority so orders.
- c)The registration of the natural or legal person is expired.
- d)The registration holder does not provide, within the period granted by the AC, the required information, in accordance with the regulations in force on the matter, pursuant to numeral 18.1.2 of this regulation.
- e)When in a second quality control sampling, the product does not comply with the quality standards in force.
- f)When the holder of the registration of a technical-grade active ingredient as such or as a component of a formulated synthetic pesticide does not submit, within the established period, the revalidation of its registration, in accordance with Article 14 of Law No. 8702 on the Processing of Registration Applications for Agrochemicals, of January 14, 2009, and published in La Gaceta No. 19 of January 28, 2009.
NOTE: Once the registration of a technical-grade active ingredient, formulated synthetic pesticide, related substance, and physical vehicles containing them for agricultural use is suspended, the product may not be marketed in the country. Nor may the products be formulated, reformulated, imported, exported, packaged, repackaged, or re-bagged, except when these actions are necessary to correct the cause for which the registration was suspended.
13.1.3 The suspension shall be maintained until the reason for the suspension is corrected. However, if such correction has not been made within a period of three (3) months from its notification, the registration shall be canceled in accordance with numeral 13.2.2g), with the exception of suspensions ordered by the judicial authority.
(*)(Point 13.1 above thus amended by Article 1 of Executive Decree No. 37136 of October 6, 2011) (*)13.2. Cancellations of Registrations.
13.2.1 General aspects of registration cancellation The registration of a formulated synthetic pesticide, technical-grade active ingredient, related substances, and physical vehicles containing them, and the authorizations derived therefrom, may be canceled if any of the causes for cancellation of registration indicated in numeral 13.2.2 are determined, through the administrative procedure established in the General Law of Public Administration.
13.2.2 Causes for cancellation of registration.
The AC shall cancel, ex officio or at the request of the administered party, the registration of formulated synthetic pesticides, technical-grade active ingredient, related substances, and physical vehicles containing them, when:
- a)In a third quality control analysis, the test results do not match what was declared in the registration application, in cases where the product has previously been suspended in accordance with numeral 13.1.2e).
- b)The assays and tests carried out demonstrate that the product is ineffective for all the purposes indicated in the registration application.
- c)The registration was granted with defects of absolute, evident, and manifest nullity and did not comply with requirements set forth in this Regulation.
- d)The Ministries determine that the product, even when used under the recommended uses, represents an unacceptable risk to health, the environment, and agriculture.
- e)Its holder requests it.
- f)Renewal applications for formulated synthetic pesticides, technical-grade active ingredient, related substances, and physical vehicles containing them, for agricultural use, are not approved; likewise, the failure to submit the renewal application.
- g)The causes that gave rise to the suspension of the registration are not remedied within the period established in numeral 13.1.3 of this regulation.
(*)(Point 13.2 above thus amended by Article 1 of Executive Decree No. 37136 of October 6, 2011) 13.3 (Repealed by Article 3 of Executive Decree No. 37136 of October 6, 2011) 14. RECTIFICATION OF REGISTRATION ERRORS 14.1 TYPES OF REGISTRATION ERRORS a) Errors contained in the registration entries may be of fact or of law.
- b)An error of fact occurs when, without known intention, some words are written instead of others or the expression of some formal circumstance of the entries is omitted.
- c)An error of law occurs when, without known intention, the concepts contained in the respective application are altered, changing their true meaning.
14.2 METHOD OF RECTIFYING REGISTRATION ERRORS a) Errors of fact and of law shall be corrected ex officio or at the request of a party, by the SFE unit that administers the registration, which shall do so under its responsibility, if such errors are evident from the entirety of the information contained in the respective dossiers.
- b)When the act of inscription contains errors or omissions that lead to the cancellation of the registration, the interested party shall be informed, and its replacement shall subsequently be carried out by means of a new inscription. Said inscription shall be valid from the date of rectification. This cancellation shall be declared by reasoned resolution by the SFE unit that administers the registration.
15. REGISTRATION OF NATURAL OR LEGAL PERSONS 15.1 All natural or legal persons subject to this regulation in accordance with the provisions of the article must be registered as such in the registry of natural and legal persons, in accordance with Article 25 of the Phytosanitary Protection Law, which the SFE shall maintain for this purpose. For this, a signed and authenticated application must be submitted; if it is submitted by a third party, authentication is required; if submitted by the signatory, their signature shall be verified against the identity card. Said application shall contain:
- a)Registered address.
- b)Address of their legal representative and the agricultural manager, and in the case of formulators or manufacturers, a chemist, registered with the respective professional association, with the complete identity details of each, telephone number, fax, and email address. If a legal entity, the original and photocopy of the legal entity identification card must be attached for verification by the official of the unit that administers the registration of the SFE, or in its place, a certified copy.
15.2 The application must be accompanied by the following documents:
- a)In the case of a legal entity, notarial or registry certification of legal status, no more than three months old from issuance.
- b)In the case of a natural person, the original and photocopy of the identity card, residency card, or passport of the interested party, for verification by the official of the unit that administers the registration of the SFE, or in its place, a certified copy.
- c)Have current inscription in the registry of agricultural establishments of the College of Agronomists, in accordance with Article 27 of the Phytosanitary Protection Law, No. 7664. For such purposes, they must provide a certification no more than thirty days old from issuance by the Executive Prosecutor's Office of the College of Agronomists, indicating that the establishment and the manager are duly registered.
- d)Original and photocopy of the identity card, residency card, or passport of the manager, for verification by the official of the unit that administers the registration of the SFE, or in its place, a certified copy.
- e)Have current registration of the company that industrializes formulated synthetic pesticides, issued by the DIGEPYME of the MEIC; the list of registered companies shall be periodically forwarded to the SFE.
15.3 This inscription shall be valid for five years; any modification to the information provided must be notified to the SFE and the pertinent documents submitted immediately.
15.4 No natural or legal person may carry out activities subject to this regulation without being duly registered in the registry of natural or legal persons, as established in Article 24 of the Phytosanitary Protection Law and this Regulation.
15.5 When damage occurs to the environment, crops, and human health from the use of the formulated synthetic pesticide, technical-grade active ingredient, adjuvants, and related substances under conditions of correct agricultural practice, the manufacturer, the registrant, and the distributor shall be jointly and severally liable.
16. REGISTRATION OF ESTABLISHMENTS 16.1 The following are subject to registration:
- a)Any establishment where technical-grade active ingredient or its formulated synthetic pesticides are produced within the national territory or abroad, provided that the registrations for the phytosanitary products are for use within the national territory.
- b)Any domestic establishment where technical-grade active ingredient or its formulated synthetic pesticides are produced for export, or any unregistered technical-grade active ingredient or its formulated synthetic pesticides.
- c)Any establishment, foreign or domestic, that produces technical-grade active ingredient or its formulated synthetic pesticides for experimental use in the country.
16.2 The registration of the establishment where technical-grade active ingredient or its formulated synthetic pesticides are produced within the national territory or abroad shall be prior to obtaining the registration of the phytosanitary product and prior to its introduction to the market.
16.3 For those cases where the establishment does not require the registration of technical-grade active ingredient or its formulated synthetic pesticides, the Registration of the Establishment must be carried out prior to the start of production.
16.4 An applicant for the registration of the establishment must submit the following information:
- a)Name and address of the company.
- b)Name and address of each manufacturing/formulating establishment for which registration is requested.
- c)Copies of the corresponding certificates issued by the competent authorities enabling their operation or equivalent documents.
- d)Note informing of the technical-grade active ingredients or their formulated synthetic pesticides produced or to be produced, stating the registration numbers where applicable.
- e)Certification no more than thirty days old from issuance by the Executive Prosecutor's Office of the College of Agronomists, indicating that the establishment and the manager are duly registered in the Registry of Agricultural Establishments of that College.
16.5 The information requested in item 16.4 must be submitted to the Competent Authority. The Competent Authority will return any incomplete or incorrect application to the requesting Establishment. If the application is complete, the Competent Authority will proceed to register the establishment and assign a registration number. The establishment registration number will be entered into the application, and a copy thereof will be returned to the applicant.
16.6 If, after the granting of registration for an Establishment, there is a change in the required information, the new information must be reported in writing to the Competent Authority within THIRTY (30) business days from the date such modification occurred.
16.7 The establishment registration shall be effectively valid provided that reports are submitted regarding the technical grade active ingredients or their formulated synthetic pesticides produced annually. Failure to submit a report may result in the cancellation of the establishment registration.
16.8 Every registered establishment must submit the reports required by this chapter that involve any technical grade active ingredient or its formulated synthetic pesticides produced for the purpose of being marketed domestically and for export.
The reports must include the following information:
- a)Quantity of each technical grade active ingredient or its formulated synthetic pesticides.
- b)Produced during the last year.
- c)Sold or distributed during the last year, whether for domestic marketing or export.
- d)Estimated to be produced during the current year.
The report shall include only the technical grade active ingredients or their formulations actually produced at the establishment submitting the report. Reports submitted by producing establishments abroad shall cover only the technical grade active ingredients or their formulated synthetic pesticides exported to the country.
16.9 The required reports must be prepared according to a model designed by the Competent Authority.
Every registered establishment must submit an initial report no later than THIRTY (30) business days after obtaining the registration. Subsequently, the establishment must submit an annual report from January 2 through March 1 of each year, even if it did not produce any technical grade active ingredient or its formulated synthetic pesticides during the past year.
16.10 Every establishment producing technical grade active ingredients or their formulated synthetic pesticides, including those technical grade active ingredients produced as a result of an experimental use permit (permiso de uso experimental), as well as every exclusively formulating establishment, must keep the information detailed below on file:
16.10.1 ESTABLISHMENTS THAT PRODUCE TECHNICAL GRADE ACTIVE INGREDIENTS OR THEIR FORMULATED SYNTHETIC PESTICIDES BASED ON THESE.
Establishments that produce technical grade active ingredients or their formulated synthetic pesticides must maintain files indicating:
- a)Product name.
- b)Registration Number of the technical grade active ingredient or its formulated synthetic pesticides.
- c)Experimental Permit Number for a technical grade active ingredient produced under an Experimental Use Permit.
- d)Quantities (kg/l) produced by batches and batch identification, indicating numbers, letters, and other identifiers that allow them to be identified.
In cases involving a technical grade active ingredient or its formulated synthetic pesticides that are not registered, are not the subject of a registration application, or are not produced under an Experimental Use Permit, the files must also show the complete formula.
The batch identification shall appear in all production control files. These files shall be retained for a period of TWO (2) years.
16.10.2 FORMULATING ESTABLISHMENTS.
Formulating establishments must maintain files indicating the following information regarding the technical grade active ingredients used in the production of formulated synthetic pesticides:
- a)The trademark of the technical grade active ingredient.
- b)The common or chemical name of the technical grade active ingredient.
- c)Name and address of the shipper.
- d)Name of the transporter.
- e)Date of receipt.
- f)Quantities received.
The receipt and dispatch of documents such as invoices, freight bills, receiving slips, and any other official receipt from which the required information is derived, shall be considered satisfactory for the purpose of corroborating the information recorded in the files.
17. SPECIAL AUTHORIZATIONS FOR THE IMPORTATION OF UNREGISTERED PRODUCTS.
17.1 The Ministry may authorize the importation and use of an unregistered TECHNICAL GRADE ACTIVE INGREDIENT, FORMULATED SYNTHETIC PESTICIDE, ADJUVANT, OR RELATED SUBSTANCE (COADYUVANTE O SUSTANCIA AFIN) for emergency reasons to combat specific pests, provided there is no other alternative of registered products in the country.
17.2 These products may not be used for sale to third parties, nor repackaged. The application must indicate the quantity, date of manufacture of the product, the name and address of the manufacturing or formulating company, and the name of the product user. The Ministry shall maintain strict control over the use given to the product.
Furthermore, it must include the label from the country of origin. The following information shall be provided in Spanish:
- a)The legend "Non-commercial product" ("Producto no comercial") on the upper part of the main panel of the label.
- b)The legend "Sale and repackaging prohibited" ("Venta y reenvasado prohibido") below and adjacent to the product name.
- c)Name and address of the user.
17.3 The Ministry shall keep a record of such authorizations, which shall include the following information:
- a)Name and qualifications of the applicant.
- b)Time and date of the application.
- c)General identification data of the product to be imported.
- d)Country of origin of the product and quantity to be imported.
- e)Purpose for which it is imported and data on its application.
17.4 The Ministry shall supervise, through the administrative procedures determined by the SFE, that the product is used solely and exclusively for the requested purposes.
The official in charge of supervision must submit a final report on the use of the product; said report shall be attached to the case file (expediente) containing the authorization.
18. INSPECTION AND CONTROL (FISCALIZACIÓN Y CONTROL).
18.1 PURPOSES, ENDS, AND OBJECTIVES.
18.1.1 The oversight of chemical and related substances for agricultural use has the purpose of controlling the registration, exportation, importation, manufacturing, formulation, repackaging (reempaque), repacking (reenvase), distribution, storage, transportation, marketing, use, and application of pesticides.
The main objective of oversight is to control and monitor the marketing, importation, manufacturing, formulation, storage, transportation, repackaging, repacking, quality, and residues of all chemical substances for agricultural use, while simultaneously seeking to protect human health and the environment.
18.1.2. Generality subsequent to registration: The Ministries may review, ex officio or upon a technically and scientifically justified request from third parties, the approved registrations of technical grade active ingredients, formulated synthetic pesticides, adjuvants and related substances, and vehicles containing them, in the following cases: a) When information becomes known that was not considered as a requirement during the evaluation that granted the registration or is subsequent to it, and that this information is important to safeguard health, the environment, and agriculture; b) When any information contained in the registration file has been modified or updated and this is essential to support it; and c) When there is evidence of the possibility of harm to human health, the environment, or agriculture, any type of information may be required with prior technical and scientific justification. For all of the above, the Ministries may require additional information or analysis and supporting documentation during the validity of the registration.
(Thus added the preceding numeral by Article 5 of Executive Decree No. 36190 of June 7, 2010).
18.1.3 All individuals or legal entities (personas físicas o jurídicas), subject to this regulation and in accordance with the provisions of Article 25 of the Phytosanitary Protection Law (Ley de Protección Fitosanitaria) No. 7664, must be registered as such in the registry of individuals and legal entities (personas físicas y jurídicas) maintained for this purpose by the SFE. Furthermore, those same individuals or legal entities must be registered in the updated registry of agricultural establishments of the College of Agronomic Engineers (Colegio de Ingenieros Agrónomos) and have the services of a professional Agricultural Regent (Regente Agrícola) in agricultural sciences incorporated into the same College.
Said information must be submitted quarterly to the SFE.
(Thus renumbered the preceding numeral by Article 5 of Executive Decree No. 36190 of June 7, 2010, which transferred it from the former numeral 18.1.2 to the current 18.1.3) 18.2 MANUFACTURING, FORMULATION, REPACKAGING (REEMPACADO), AND REPACKING (REENVASADO).
18.2.1 The activities of manufacturing, formulation, repackaging, and repacking must be carried out under strict precautions in order to preserve the health of the persons involved in such activities, as well as the environment. The Executive Branch, in accordance with their respective competencies, shall issue the corresponding regulations so that such activities are carried out appropriately by those involved.
18.2.2 Any individual or legal entity that carries out manufacturing, formulation, repackaging, or repacking activities for formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances must register as such in the registry maintained for this purpose by the SFE.
18.2.3 If, after the granting of the registration mentioned in the preceding article, there is a change in the information required, the new information must be provided in writing to the SFE within thirty (30) days of such modification occurring.
18.2.4 Every establishment producing technical grade active ingredients and their formulated products, including those technical grade active ingredients produced under an experimental use permit, as well as every exclusively formulating establishment, must keep the information on file according to the following detail:
18.2.4.1 Establishments that produce technical grade active ingredients or their formulated synthetic pesticides must maintain files indicating:
- a)Product name.
- b)Registration Number of the technical grade active ingredient or its formulated products.
- c)Experimental Permit Number for a technical grade active ingredient produced under an Experimental Use Permit.
- d)Quantities (kg/l) produced by batches and batch identification, indicating numbers, letters, and other identifiers that allow them to be identified.
In cases involving a technical grade active ingredient or its formulated products that are not registered, are not the subject of a registration application, or are not produced under an Experimental Use Permit but are produced or formulated for export, the files must also show the complete formula.
The batch identification shall appear in all production control files. These files shall be retained for a period of two (2) years.
18.2.4.2 Formulating establishments must maintain files indicating the following information regarding the technical grade active ingredients used in the production of Formulated Products:
- a)The trademark of the technical grade active ingredient.
- b)The common or chemical name of the technical grade active ingredient.
- c)Name and address of the shipper.
- d)Name of the transporter.
- e)Date of receipt.
- f)Quantities received.
The receipt and dispatch of documents such as invoices, freight bills, receiving slips, and any other official receipt from which the required information is derived, shall be considered satisfactory for the purpose of corroborating the information recorded in the files.
18.2.5 For those individuals or legal entities that carry out repackaging and repacking activities for formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances, they must request a specific permit for this purpose from the SFE, which shall be recorded as such in the Register of Repackagers and Repackers (Libro de Inscripciones de Reempacadores y Reenvasadores), whose entries shall be signed by the Head of the SFE unit that administers the registry or the authorized subordinate. This permit must be renewed every year, based on the date of its entry.
18.2.6 The SFE shall issue an annual permit for repacking or repackaging of formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances, when the interested party submits the following requirements:
- a)Application signed by the Legal Representative and the Agricultural Regent of the establishment.
- b)List of products to be handled, indicating the trade name, active ingredient, registration number, name of the registrant, and types of presentations indicating the net weight or volume to be contained. Such presentations must correspond to those registered in each particular registration.
- c)Provide a copy of the operating permit issued by the MINSA, specific to repackaging and repacking for the establishment where the work will be carried out.
- d)Letter in which the individual or legal entity owning the product registration authorizes the applicant to carry out said work. Submission of this requirement is waived when the owner of the registration is the same entity applying for the permit.
- e)Letter of guarantee regarding the quality and safety of the material used in the containers and packaging to be used.
- f)Present proof of payment of the fees for the annual fee or for an extension of the corresponding permit, according to the Decree Setting Tariffs of the Ministry of Agriculture and Livestock (Ministerio de Agricultura y Ganadería).
18.2.7 In all repackaging and repacking work, the original manufacturing batch number of the product to be used must be maintained on the final presentations.
18.2.8 Every container or package containing formulated synthetic pesticides, adjuvants, and related substances must have a safety seal on the cap to guarantee the identity and quality of the product.
18.2.9 Non-compliance with the regulatory provisions relating to the repackaging or repacking of formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances shall be penalized as stipulated in Article 77 of the Phytosanitary Protection Law No. 7664. Concurrently, the permit shall be cancelled, when applicable. The notification of cancellation shall be presented to the interested party within eight business days following the verification of non-compliance, and they shall have a period of ten business days to appeal the Ministry's decision.
18.3 IMPORTATION, EXPORTATION, AND CUSTOMS CLEARANCE (DESALMACENAJE).
18.3.1 Any individual or legal entity that imports formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances may only clear (desalmacenar) such products if they are duly registered with the SFE and have the corresponding authorization issued by the Ministry.
To obtain the customs clearance authorization for imported formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances, the applicant must submit to the SFE (single window office), the corresponding form signed by the Legal Representative and the Agricultural Regent of both the company owning the product registration and the company requesting the importation, stating:
- a)Name of the individual or legal entity applicant and their address.
- b)Name of the individual or legal entity exporting the product and their address.
- c)Generic name, trade name, class, type, and formulation of the product.
- d)MAG registration number of the formulated synthetic pesticide, technical grade active ingredient, adjuvant, and related substances for agricultural use.
- e)Copy of the authenticated commercial invoice, quantity, and presentation of the CIF value ($) of the imported product.
- f)Copy of the B/L, Air Waybill, or Bill of Lading, according to the means of transport used.
- g)Name of the manufacturer and formulator of the product to be imported.
- h)Country of origin of the product.
- i)Production batch number.
The customs clearance authorization shall be approved and signed by an authorized SFE official within the single window, bearing the corresponding seal of said unit as backing.
18.3.2 Imports of Methyl Bromide must comply with the aforementioned requirements, having as additional information on the customs clearance application the signature of the Governmental Ozone Commission (Comisión Gubernamental del Ozono); furthermore, the application must be accompanied by the import authorization for substances controlled by the Montreal Protocol (Governmental Ozone Commission of MINAE).
18.3.3 Companies covered by the temporary admission regime (régimen de perfeccionamiento activo), under the modality of re-exportation and local sale, that need to nationalize for local sale formulated synthetic pesticides, adjuvants, and related substances coming from this regime, must comply with the provisions of Decree No. 26285-H-COMEX.
In the case of these products for agricultural use, the customs clearance authorization issued by the SFE must be processed, where the corresponding form must clarify that the products to be cleared originate from said regime.
18.3.4 The Ministry shall issue special permits authorizing the customs clearance of samples of formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances for experimentation purposes or to address phytosanitary emergencies, when the requirements established for this purpose in this regulation are met.
18.3.5 Cases of imported products taxed through tariff classification by technical note 59 that are not for agricultural use must comply with the following requirements:
- a)Request the Certification or Waiver (Dispensa) from the SFE, presenting the document with the justification for the product's use, signed by the regent or legal representative of the importing company.
- b)Concurrently with the Waiver issued by the SFE, the customs clearance permit must be processed at the MAG single window office.
- c)The Certification or Waiver issued by the SFE must be presented at the Customs office where the clearance takes place.
18.3.6 Inspections of imports of formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances must be carried out at the point of entry into the country or abroad, with the country of origin of the product as a reference. These inspections shall be carried out by SFE officials, verifying the correspondence between the information presented in the customs clearance authorization and the information presented on the physical material.
18.3.7 All imports of formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances must enter the national territory with the harmonized label corresponding to their registration. If this requirement is not met, the importer or registrant must request authorization from the SFE to enter it under bond, which must be duly justified. This authorization cannot be granted in consecutive cases for the same registration.
18.3.8 Transits of formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances shall be coordinated directly by the SFE Quarantine Station (Estación de Cuarentena) at the product's point of entry, which shall inform its counterpart office at the product's exit point of the details and conditions of the merchandise.
18.3.9 Re-destinations (redestinos) of formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances shall be regulated as follows:
- a)The Inspection Program (Programa de Fiscalización) shall receive applications from interested companies to authorize imports established as Re-destinations and Re-exports, communicating the conditions thereof to the Quarantine Station at the point of entry.
- b)From the point of entry, once inspected, it shall be sent under bond to the Fiscal Warehouse (Almacén Fiscal) by means of transport with a MAG customs seal (marchamo). This security seal shall be removed by Inspection officials at the depository fiscal warehouse.
- c)Once the company owning the product has planned to re-export the merchandise, it shall request authorization for the product's departure from the Inspection Program, having previously sent the documentation supporting said procedure. The Head of the Inspection Program shall schedule the inspection after receiving the information and assign an official to carry out the corresponding visit, inspecting and supervising the cargo, and then sealing the transport for its departure.
- d)Once the supervision and corresponding sealing of the transport are completed, the Inspection Program shall coordinate with the Quarantine Station at the merchandise's exit point to verify and confirm the corresponding re-exportation. This confirmation shall be sent by the corresponding Quarantine office to the Inspection Program to close and archive the case file.
18.4 PHYSICAL-CHEMICAL QUALITY CONTROLS.
18.4.1 The Ministry, through its duly authorized and identified officials, may withdraw the required quantity of any technical grade active ingredient, formulated synthetic pesticides, adjuvants, and related substances, for the purpose of determining their physical-chemical quality, at any time the Ministry deems appropriate.
18.4.2 Every importer of technical grade active ingredients must inform the Ministry who is responsible for the formulation of said material, so that the Ministry may proceed to carry out the corresponding quality controls on the already formulated products before they are released to domestic or international commerce.
18.4.3 Sampling for quality control of formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances may be carried out anywhere in the national territory.
18.4.4 If, during the quality control process for formulated synthetic pesticides, adjuvants, and related substances, the Ministry authorizes a reformulation of a product that does not comply with the quality standards according to the legislation in force, the interested party shall have a maximum period of six months to fulfill said commitment. An extension of time may be requested for another equal period when there is a technical justification supporting said request. Once these periods have expired without the completion of the requested work, the seizure (decomiso) of the product by the SFE shall proceed.
18.5 STORAGE AND MARKETING.
18.5.1 Every commercial establishment engaged in the sale or storage of formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances must comply with the regulatory provisions established by the Executive Branch in accordance with their respective competencies, under the legislation in force.
18.5.2 It is essential that every commercial establishment engaged in the sale or storage of formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances has the operating permits issued by the MINSA. Furthermore, these individuals or legal entities must be registered in the updated registry of agricultural establishments of the College of Agronomic Engineers and have the services of a professional Agricultural Regent in agricultural sciences incorporated into the same College. Likewise, any person working in these commercial establishments must have passed the agrochemical handling course issued by the Ministry or by the College of Agronomic Engineers, with the objective of possessing the appropriate knowledge of safety and hygiene for the performance of their duties.
18.5.3 The regents mentioned in the preceding article shall be technically responsible for ensuring that the formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances that are repacked (reenvasen), repackaged (reempaquen), distributed, stored, or sold are duly registered, labeled, and conform to the provisions of this regulation.
18.5.4 The Ministry shall order the retention of formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances that do not comply with the requirements set forth in this Regulation (locally or nationally) or that are found in any establishment that likewise violates the regulations in force on storage and marketing, without prejudice to the subsequent firm seizure (decomiso en firme).
18.5.5 After the retention is carried out, the products shall be kept under security seals at the commercial establishment or in the SFE warehouses. The interested party shall be granted a period of fifteen business days from the date noted in the corresponding official record (acta), which constitutes official notification for the parties (registrant company and establishment), to remedy the regulatory infractions or to oppose the retention.
18.5.6 After the period established in the preceding article has expired, the Ministry shall have a period of eight business days to decide, as appropriate, the seizure or release of the retained products.
18.5.7 The Ministry may carry out, through its duly authorized and identified officials, the direct seizure of formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances that:
- a)Are not registered with the Ministry.
- b)Are repacked (reenvasen) and repackaged (reempaquen) without due authorization from the SFE.
- c)Are found in premises not authorized by the Ministries.
- d)Are found to be adulterated, upon verification.
- e)Do not comply with the provisions of Article 29 of Law 7664 regarding the marketing of pesticides classified as extremely hazardous or restricted.
The act of seizure must be carried out in accordance with the legal and regulatory provisions on the matter.
18.5.8 Once the act of seizure has been carried out, the Ministry shall dispose of the seized products in accordance with Articles 35 and 37 of the Phytosanitary Protection Law.
19 GENERAL CONDITIONS OF USE, HANDLING, AND THEIR RESTRICTIONS.
19.1 Formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances classified as extremely and highly hazardous, and those declared restricted, may only be sold to the user under a professional prescription (receta profesional), signed by a professional in Agricultural Sciences incorporated into the College of Agronomic Engineers.
19.2 The Ministry, jointly with MINSA and MINAE as appropriate according to their competencies, may restrict or prohibit the importation, transit, re-destination (redestino), manufacturing, formulation, repackaging, repacking, marketing, and use of a specific formulated synthetic pesticide, technical grade active ingredient, adjuvant, and related substances, when it is justified by technical or scientific reasons that the product harms human health, animals, agriculture, and the environment.
19.3 The professional prescription used in the marketing of formulated synthetic pesticides, adjuvants, and related substances as determined in this regulation shall be recorded on special forms approved by the College of Agronomic Engineers of Costa Rica, in accordance with Article 29 of the Phytosanitary Protection Law.
19.4 Individuals and legal entities that import, formulate, sell, repackage, and repack formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances dispensed under professional prescription shall keep a record approved by the Ministry, in which every movement of the product they handled, imported, formulated, repackaged, and sold shall be recorded. The record must indicate the date of its formulation or entry into the country, the name of the individuals or legal entities to whom the product was sold, the quantity, presentation, date of operation, prescription number, invoice number, name of the professional and membership number (colegiado) of the person who issued the prescription, use of the product, and inventory balance.
19.5 All formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances must be used in accordance with the use recommendations registered with the Ministry.
19.6 Any owner of an area to be treated with formulated synthetic pesticides who has apiaries around it within a radius of less than three kilometers is obliged to comply with the provisions of Articles 6, 7, and 8 of Chapter II of the Regulation on the Protection of the National Beekeeping Industry (Reglamento sobre Protección de la Industria Apícola Nacional), established by Executive Decree No. 15563-MAG-S of July 5, 1984.
19.7 The sale of formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances to minors, mentally incapacitated persons, persons in a state of intoxication, or in states of abnormal behavior is prohibited.
19.8 The presence of the following persons in premises for the trade of formulated synthetic pesticides, adjuvants, and related substances is prohibited:
- a)Minors.
- b)Persons allergic to these substances.
- c)Pregnant women or women who are breastfeeding.
- d)The infirm and other persons who, due to their mental state or any similar circumstances, are exposed to suffering harm or causing harm to other persons.
Each commercial establishment shall be responsible for enforcing this regulation.
19.9 The transport of formulated synthetic pesticides, technical-grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvante) and related substances may only be carried out in vehicles authorized for that purpose by the Ministry of Public Works and Transport (Ministerio de Obras Públicas y Transportes), in accordance with current legislation.
19.10 Formulated synthetic pesticides, technical-grade active ingredient, adjuvants and related substances may not be stored, transported, or repackaged together with the following products and articles:
- a)Food products for human or animal consumption.
- b)Medicines for human and veterinary use.
- c)Domestic-use utensils.
- d)Fabrics, clothes, or any other article for personal use.
- e)Any other product not related to agricultural activity.
19.11 Any individual or legal entity that imports, manufactures, formulates, repackages, repacks, stores, and markets formulated synthetic pesticides, technical-grade active ingredient, adjuvants and related substances must keep a record of all those products that have deteriorated and need to be destroyed, and shall be directly responsible for the final disposal of said products. Said record, which shall be available to the registration authorities, must contain the following information:
- a)Generic and trade name of the product.
- b)Quantity of the product to be discarded.
- c)Method of destruction or denaturing used.
- d)Place and date the disposal was carried out.
- e)Registration number.
20 MANAGEMENT OF EMPTY CONTAINERS AND SPILLS.
20.1 Any individual or legal entity that manufactures, formulates, repackages, repacks, stores, transports, handles, markets, and uses formulated synthetic pesticides, technical-grade active ingredient, adjuvants and related substances shall be responsible for the collection of spills, the destruction of remnants, empty containers, and unusable pesticides, which must be carried out in accordance with the product registrant's instructions.
20.2 It is prohibited to leave residues of formulated synthetic pesticides, technical-grade active ingredient, adjuvants and related substances, or empty containers that have contained pesticides, abandoned in fields, yards, or other places.
20.3 The destruction by uncontrolled incineration of packaging, containers, or remnants of formulated synthetic pesticides, technical-grade active ingredient, adjuvants and related substances is prohibited. The procedures and authorizations for this type of destruction must be requested from the Ministries of Health (Ministerios de Salud) and Environment and Energy (Ambiente y Energía).
20.4 Decontamination operations for application equipment and denaturing of remnants of formulated synthetic pesticides, technical-grade active ingredient, adjuvants and related substances must be carried out by persons duly trained for that purpose, under the employer's responsibility, in accordance with the safety and hygiene measures established by the Executive Branch (Poder Ejecutivo) according to their respective competencies. The water used for washing application equipment must be collected in suitable facilities that have treatment systems, as stipulated by the Ministry of Health in its legislation.
20.5 The system for the disposal of remnants of unusable formulated synthetic pesticides, technical-grade active ingredient, adjuvants and related substances, or waste contaminated with such substances, must have authorization from the Ministry of Health and any other competent Ministry. The foregoing is in accordance with the current national regulations on this matter.
21 MONITORING OF PESTICIDE RESIDUES IN VEGETABLES.
21.1 The SFE, pursuant to the provisions of Law No. 7664, Plant Protection Law (Ley de Protección Fitosanitaria), has the authority to monitor agricultural crops for human and animal consumption to determine the presence or absence of pesticide residues, based on the tolerances established in current legislation.
21.2 For the purpose of minimizing risks from the use of formulated synthetic pesticides, technical-grade active ingredient, adjuvants and related substances, the following must be observed:
- a)Agricultural products for human and animal consumption that have been treated with formulated synthetic pesticides, adjuvants and related substances must comply with the requirements established on the label of the product used, regarding the minimum time established between the last application and harvest of the product, or the waiting period for the return of animals to the property where the product was applied. The owner of the goods shall be responsible for this compliance.
- b)Any person who applies formulated synthetic pesticides, adjuvants and related substances must post signs prohibiting passage through recently treated plantations. Said signs must be placed at the entrance of the paths commonly used by pedestrians to enter the treated area, and must be removed after the waiting period for the re-entry of persons or animals has elapsed.
- c)The spraying or dusting of formulated synthetic pesticides, technical-grade active ingredient, adjuvants and related substances in springs (manantiales), ponds, canals, or other surface water sources is prohibited. The use of these in flooded crops, canal irrigation systems, and other particular uses shall be carried out in accordance with the specific regulations issued by the Ministry, as well as MINSA and MINAE according to their authority.
22 ON APPLICATION EQUIPMENT AND AGRICULTURAL AVIATION ACTIVITIES.
22.1 Every manufacturer or representative of equipment used in the application of formulated synthetic pesticides, adjuvants and related substances must be duly registered with the Ministry and comply with the requirements established in current legislation.
22.2 The importation of Application Equipment for Substances for Agricultural Use must comply with the submission of the following requirements:
- a)Warehouse Release Authorization Form b) MAG Registration No.
- c)The quantity of units to be imported.
- d)A copy of the commercial invoice.
22.3 Any person applying formulated synthetic pesticides, adjuvants and related substances must use the application equipment recommended on the label and must calibrate it beforehand using water or any other inert material.
22.4 The selection of application equipment for restricted-sale formulated synthetic pesticides must be indicated by the professional issuing the professional prescription, and compliance with said provision is the direct responsibility of the person using it.
22.5 The selection, supply, and maintenance of equipment used in the application of formulated synthetic pesticides, technical-grade active ingredient, adjuvants and related substances is the employer's responsibility, in accordance with labor legislation.
22.6 The washing of application equipment for formulated synthetic pesticides, technical-grade active ingredient, adjuvants and related substances, and of personal protective equipment, must be carried out using the protective equipment indicated on the product label for these activities, and the contaminated water must be collected in appropriate containers for proper decontamination. Compliance with this provision shall be the responsibility of MINSA and MINAE, which shall establish administrative or judicial actions against whoever fails to comply.
22.7 In agricultural aviation activities, only those formulated synthetic pesticides recommended for such purpose may be applied, and they must comply with the provisions of the respective regulation.
22.8 Any individual or legal entity that carries out fumigations must take safety measures to protect the public during the time the fumigant's danger persists.
23. BIBLIOGRAPHY The following international standards, guides, and guidelines were used as bibliographic references for the preparation of this regulation:
23.1 Guidelines on Efficacy Data for the Registration of Pesticides for Plant Protection (Directrices para Datos de Eficacia para el Registro de Plaguicidas Destinados a la Protección de Cultivos). Rome, March 1985.
23.2 Guidelines for the Registration and Control of Pesticides - including a model scheme for the establishment of national organization (Directrices para el Registro y Control de los Plaguicidas con un Plan Modelo para la Creación de Organizaciones Nacionales). Rome, March 1985. 23.3 Guidelines for Legislation on the Control of Pesticides (Directrices sobre la Legislación para el Control de Plaguicidas). Rome, October 1989.
23.4 Guidelines - Initial introduction and subsequent development of a simple national pesticide registration and control scheme (Directrices sobre la Introducción Inicial y Elaboración Posterior de un Sistema Nacional Sencillo de Registro y Control de Plaguicidas). Rome, August 1991.
23.5 Manual on Development and Use of FAO and WHO Specifications for Pesticides (Manual sobre la Elaboración y Empleo de las Especificaciones de la FAO y la OMS para Plaguicidas). Rome, 2004.
23.6 International Code of Conduct on the Distribution and Use of Pesticides (Código Internacional de Conducta para la Distribución y Utilización de Plaguicidas). Revised Version, Rome, 2003.
23.7 Guidelines for pesticide residue trials to obtain data for the registration of pesticides and for the establishment of maximum residue limits (Directrices para ensayos de residuos de plaguicidas para obtener datos para el registro de plaguicidas y para el establecimiento de límites máximos de residuos). FAO, Rome, 1986.
23.8 Annex I. OECD Test Guidelines for Studies Included in the SIDS. Manual for Investigation of HPV chemicals. http://www.oecd.org/document/23/0,2340,en_2649_34379_ 1948503_1_1_1_1,00.html.
23.9 Decreto Ejecutivo 31961, Resolución 118-2004 (COMIECO), Protocolo Patrón para Ensayos en la Eficacia Biológica de Plaguicidas de Uso Agrícola, of June 26, 2004, published in La Gaceta 179 of September 13, 2004.
23.10 Guidance document on the assessment of the equivalence of technical materials of substances regulated under council directive 91/414/eec, European commission, health & consumer protection directorate-general, Directorate D - Food Safety: production and distribution chain, D3 - Chemicals, Contaminants and Pesticides, April 2005.
23.11 ECETOC (2003): (Q)SARs: evaluation of commercially available software for human health and environmental endpoints with respect to chemical management applications. Technical Report No. 89. European Centre for Ecotoxicology and Toxicology of Chemicals, Brussels.
23.12 ECB (2003): Use of ((Q)SAR) (Quantitative) Structure Activity Relationships in Risk Analysis in: 93/67/ EEC « Technical Guidance Document on Risk Assessment in Support of Commission Directive on Risk Assessment for new notified substances (EC) No. 1488/94" Commission Regulation on Risk Assessment for existing substances of the European Parliament and of the Council concerning the placing of biocidal products on the market, Part III, Chapter 4, European Commission, Joint Research Centre, Institute for Health and Consumer Protection, European Chemicals Bureau.
23.13 Tennant RW and Ashby J (1991): Classification according to chemical structure, mutagenicity to Salmonella and level of carcinogenicity of a further 39 chemicals tested for carcinogenicity by the US National Toxicology program. Mutation Research 257, 209-227.
23.14 Ashby J and Tennant RW (1991): Definitive relationships among chemical structure, carcinogenicity and mutagenicity of 302 chemicals tested by the U.S. NTP. Mutation Research 257, 229-306.
23.15 Van der Berg, M. et al (1998): Toxic Equivalency Factors (TEFs) for PCBs, PCDDs, PCDFs for humans and wildlife. Environmental Health Perspective, 106 (12), 775-792.
23.16 WHO/FAO (2005) Manual on development and use of FAO and WHO specifications for pesticides. First edition, FAO Plant Production and Protection Paper 173. WHO and FAO, Rome.
23.17 Decreto Ejecutivo No. 15563-MAG-S, Reglamento Protección Industria Apícola Nacional, of July 5, 1984, published in La Gaceta 156 of August 20, 1984.
23.18 Decreto Ejecutivo No. 24715-MOPT-MEIC-S, Reglamento para el Transporte Terrestre de Productos Peligrosos, of October 6, 1995, published in La Gaceta 207 of November 1, 1995.
23.19 Decreto Ejecutivo No. 26285-H-COMEX, Reglamenta Regímenes de Perfeccionamiento Activo y Devolutivo Derechos, of August 19, 1997, published in La Gaceta 170 of September 4, 1997.
23.20 Decreto Ejecutivo No. 26503-MAG, Reglamento de Regencias Agropecuarias del Colegio de Ingenieros Agrónomos de Costa Rica, of October 24, 1997, published in La Gaceta 242 of December 16, 1997.
23.21 Decreto Ejecutivo No. 27037-MAG-MEIC, Norma RTCR 321:1998 Registro y Examinación de Equipos de Aplicación de Sustancias Químicas, Biológicas, Bioquímicas o Afines, of January 5, 1998, published in La Gaceta 174 of September 7, 1998, Alcance 59a.
23.22 Decreto Ejecutivo No. 27041-MAG-MEIC, Norma RTCR176: 1991 Agroquímicos. Toma de Muestra, of January 5, 1998, published in La Gaceta 176 of September 9, 1998.
23.23 Decreto Ejecutivo No. 27056-MAG-MEIC, Norma RTCR 213:1997 Toma de muestras para análisis de residuos de plaguicidas en los cultivos de vegetales, of January 5, 1998, published in La Gaceta 178 of September 11, 1998.
23.24 Decreto Ejecutivo No. 27763-MAG, Fijación de Tarifas de Servicios del Ministerio de Agricultura y Ganadería, of March 10, 1999, published in La Gaceta 68 of April 9, 1999, Alcance 26.
23.25 Decreto Ejecutivo No. 27973-MAG-MEIC-S, RTCR 318:1998 Laboratorio Análisis de Sustancias Químicas y Biológicas de Uso en la Agricultura, of May 19, 1998, published in La Gaceta 139 of July 19, 1999.
23.26 Decreto Ejecutivo No. 31520-MS-MAG-MINAE-MOPT-MGPSP, Reglamento para las actividades de la Aviación Agrícola, of October 16, 2003, published in La Gaceta 241 of December 15, 2003.