33495-MAG-S-MINAE(*)-MEIC of October 31, 2006, published in the Official Gazette La Gaceta No. 7 of January 10, 2007, which approved the "Regulation on the Registration, Use and Control of Synthetic Formulated Pesticides, Technical Grade Active Ingredient, Adjuvants and Related Substances for Agricultural Use", as follows:
(*)(Its name thus modified 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") a) Add to Section 3 "Definitions", three subsections whose texts shall be:
"3. Definitions.
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3.6 BIS. Test Data (Datos de Prueba): undisclosed information comprising information, data or documents whose preparation involves a considerable effort, have not been disclosed to the public and are required by the Ministry of Agriculture and Livestock for the purpose of evaluating the safety and efficacy of a technical grade active ingredient, in order to grant the registration of said product in the country. The following documents constitute this group: in the case of the registration of a new technical grade active ingredient in accordance with Subsection 7.2 of this Regulation and of experimental registration, in accordance with Subsection 7.1 of this Regulation, or any other registration modality in which these test data are requested, the physical-chemical data of the commercial product, the toxicological data, the eco-toxicological data and the biological efficacy data.
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3.25 BIS. New Agrochemical Product (Producto agroquímico nuevo): any new technical grade active ingredient.
3.25. TER. New Technical Grade Active Ingredient (Ingrediente activo grado técnico nuevo): any technical grade active ingredient that has not been previously registered in Costa Rica.
- b)Add in Subsection 5.6 "Custody of the Administrative File", a subsection 5.6.4 whose text shall be:
"5.6 CUSTODY OF THE ADMINISTRATIVE FILE.
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5.6.4 Regarding the regime for the protection of test data against disclosure and against unfair commercial use, in accordance with the regulations in force on this matter, the Ministry shall adopt reasonable measures to prevent third parties without authorization from the owner of the protected test data from using and accessing said information. The Ministry may not disclose the 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, as established in this Regulation and in the Law on Undisclosed Information, Law No. 7975 of January 4, 2000 and its Regulation. The Ministry shall protect the test data against unfair commercial use. The protection against unfair commercial use shall be granted for the period and under the conditions established in the Law on Undisclosed Information, Law No. 7975 of January 4, 2000 and its Regulation.
- c)Reform subsection 5.8.2 of Subsection 5.8. "Management of the Administrative File", so that it reads as follows:
"5.8. MANAGEMENT OF THE ADMINISTRATIVE FILE.
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5.8.2 Personnel assigned to the registration procedures must refrain from using and from revealing, without the consent of the registrant, the information from the administrative files." d) Reform Subsection 5.10 "Information in the Public Domain", so that it reads as follows:
"5.10 INFORMATION IN THE PUBLIC DOMAIN When the data from trials, tests on sanitary, environmental safety and efficacy and any other information qualified and classified as confidential or undisclosed, safeguarded by the unit that administers the SFE registry, have fallen into the public domain in any country through the publication of the test data, the presentation of said data in scientific or academic media or by any other means of publication, then these data shall cease to be qualified and classified as undisclosed or confidential information, provided that said data have been disclosed with the consent of the legitimate owner of the test data." e) Reform Section 7 "Registration Modalities", so that it reads as follows:
"7. REGISTRATION MODALITIES.
For the purposes of the procedures necessary to obtain Registration, this Regulation establishes the following types of registrations:
1- Experimental Registration.
2- Registration of technical grade active ingredient.
3- Registration of technical grade active ingredient by equivalence.
4- Registration of synthetic formulated pesticides.
5- Registration of adjuvants and related substances for agricultural use.
Any applicant submitting test data that comply with the legal and regulatory provisions concerning said regime, must submit and clearly indicate the information protectable as test data. Additionally, the applicant or the applicant's legal representative must attach an affidavit (declaración jurada) declaring that the applicant is the legitimate owner of the test data on the basis that the applicant generated such data or legitimately obtained them from a third party.
In order to ensure the protection of test data against any unfair commercial use, the State Phytosanitary Service will not allow, in any of the registration modalities established in this Section, the use of test data with current protection as evidence or supporting information for the registration of a product through the registration modalities covered in this Section, by a third party other than the owner of the test data, unless they have the consent of the owner of said data.
The protection of test data against unfair commercial use shall be in accordance with the provisions of the Law on Undisclosed Information, Law No. 7975 of January 4, 2000 and its Regulation. The Ministry must make available to the public a list of new agrochemical products granted a registration that have test data protection, indicating the expiration date of the protection period for each product.
The Ministry may not disclose the test data, except when necessary to protect the public, provided that in the event of such disclosure, the test data are protected against any unfair commercial use, as established in this Regulation and in the Law on Undisclosed Information, Law No. 7975 of January 4, 2000 and its Regulation." f) Reform subsection b) of the heading of Section 7.2 "Registration of Technical Grade Active Ingredient", so that it reads as follows:
"7.2 REGISTRATION OF TECHNICAL GRADE ACTIVE INGREDIENT.
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- b)If the technical grade active ingredient is registered in the country, the applicant may opt for this modality or for the registration modality of technical grade active ingredient by equivalence, provided that any protection period against the unfair commercial use of the test data used as evidence or supporting information for the registration of said technical grade active ingredient has expired or that the legitimate owner of the test data has authorized the use of said test data. For these purposes, the Ministry must review the list indicated in paragraph 4 of Section 7 of this Regulation." g) Reform subsection e) of subsection 7.2.2.1 "Procedure for the Registration of Technical Grade Active Ingredient", so that it reads as follows:
"7.2.2.1 RECEIPT AND REVIEW OF INFORMATION (FIRST STAGE):
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- e)Once the review is completed and if the application is complete, the registrant shall be notified of the application number and the registration entry of the registration application shall proceed. All this within the period indicated in subsection d), on the condition that, in the case of registered technical grade active ingredients, any protection period against the unfair commercial use of all the test data used as evidence or supporting information for the registration of the technical grade active ingredient has expired or that the legitimate owner of the test data has authorized the use of said test data. If the protection period against the unfair commercial use of said test data has not expired or such authorization is not available, the notification to the applicant must indicate this, and the registration entry of the registration application shall not proceed. For these purposes, the Ministry must review the list referred to in paragraph 4 of Section 7 of this Regulation.
If the application is incomplete because any of the documents or requirements have not been provided, a resolution shall be issued only once, within the period indicated in subsection d), preventing the petitioner or registrant, so that they may submit the omitted documents or correct what was indicated within a period not exceeding sixty business days. In case of non-compliance, the definitive archiving of the file shall be ordered.
- h)Reform the heading of Section 7.3 "Registration by Equivalence of the Technical Grade Active Ingredient", so that it reads as follows:
"7.3 REGISTRATION BY EQUIVALENCE OF THE TECHNICAL GRADE ACTIVE INGREDIENT.
This registration modality is appropriate in the following cases:
- a)When the technical grade active ingredient comes from a new manufacturer different from the one already registered, b) When a technical grade active ingredient changes from laboratory/pilot scale to commercial scale, or c) When the manufacturing process changes, or the quality of the starting materials, or the place of manufacture, or the addition of one or more production sites, provided that any protection period against the unfair commercial use of the test data used as evidence or supporting information for the registration has expired or the legitimate owner of the test data has authorized the use of said test data." i) Reform subsection e) of subsection 7.3.3.1 "Receipt and Review of Information (First Stage)", so that it reads as follows:
"7.3.3.1 RECEIPT AND REVIEW OF INFORMATION (FIRST STAGE):
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- e)Once the review is completed and if the application is complete, the registrant shall be notified of the application number and the registration entry of the registration application shall proceed. All this within the period indicated in subsection d), on the condition that any protection period against the unfair commercial use of all the test data used as evidence or supporting information for the registration has expired or that the legitimate owner of the test data has authorized the use of said test data. If the protection period against the unfair commercial use of said test data has not expired or such authorization is not available, the notification to the applicant must indicate this and the registration entry of the registration application shall not proceed. For these purposes, the Ministry must review the list referred to in paragraph 4 of Section 7 of this Regulation.
If the application is incomplete because any of the documents or requirements have not been provided, a resolution shall be issued only once, within the period indicated in subsection d), preventing the petitioner or registrant, so that they may submit the omitted documents or correct what was indicated within a period not exceeding sixty business days. In case of non-compliance, the definitive archiving of the file shall be ordered.
- j)Add a new subsection c) to Section 7.4 "Registration of the Synthetic Formulated Pesticide", whose text shall be:
"7.4 REGISTRATION OF THE SYNTHETIC FORMULATED PESTICIDE.
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- c)No registration shall be granted to any synthetic formulated pesticide until any protection period against the unfair commercial use of all the test data used as evidence or supporting information for the registration has expired or the legitimate owner of the test data has authorized the use of said test data."