297-2012 (COMIECO-LXIV) of the Council of Ministers of Economic Integration dated December 11, 2012, and its Annex: "Central American Technical Regulation RTCA 65.05.61:11 Microbiological pesticides for agricultural use. Registration requirements", be published, as transcribed below:
(COMIECO-LXIV) THE COUNCIL OF MINISTERS OF ECONOMIC INTEGRATION
That in accordance with articles 38, 39 and 55 of the Protocol to the General Treaty on Central American Economic Integration -Protocol of Guatemala-, amended by the Amendment of February 27, 2002, the Council of Ministers of Economic Integration (COMIECO) has competence over matters of Central American Economic Integration and, as such, is responsible for approving the administrative acts of the Economic Subsystem; That according to article 15 of that same regional legal instrument, the State Parties are committed to establishing a Customs Union among their territories, which will be achieved gradually and progressively, based on programs established for that purpose, approved by consensus; That within the framework of the process of forming the Customs Union, the State Parties have reached important agreements regarding Registration Requirements for Microbiological Pesticides for Agricultural Use, which require approval by the Council; That the State Parties, in their capacity as Members of the World Trade Organization (WTO), notified the Committee on Technical Barriers to Trade, and the Committee on Sanitary and Phytosanitary Measures, in accordance with the provisions of the Agreement on Technical Barriers to Trade and the Agreement on Sanitary and Phytosanitary Measures, of the Draft Central American Technical Regulation RTCA 65.05.61:11 Microbiological Pesticides for Agricultural Use. Registration Requirements; That the State Parties granted a reasonable period of time for the Member States of the WTO to make observations on the notified draft Regulation as required by subsection 4), paragraph 9 of article 2 of the Agreement on Technical Barriers to Trade, observations that were duly analyzed and addressed as pertinent; That in accordance with the Agreement on Technical Barriers to Trade, Members shall allow a reasonable interval between the approval of technical regulations and their entry into force, in order to allow time for producers to adapt their products or their production methods to the provisions of the regulations; That in accordance with paragraph 3 of Article 55 of the Protocol of Guatemala, the opinion of the Consultative Committee on Economic Integration was sought,
Based on the provisions of articles 1, 3, 5, 7, 15, 26, 30, 36, 37, 38, 39, 46, 52 and 55 of the Protocol to the General Treaty on Central American Economic Integration -Protocol of Guatemala-,
1. To approve the Central American Technical Regulation RT.CA 65.05.61:11 MICROBIOLOGICAL PESTICIDES FOR AGRICULTURAL USE. REGISTRATION REQUIREMENTS, in the form that appears as Annex 1 of this Resolution and forms an integral part thereof.
2. To repeal Annex 10 of Resolution No. 118-2004 (COMIECO) "Technical requirements for the commercial registration of microbiological pesticides for agricultural use." 3. This Resolution shall enter into force on June 11, 2013, and shall be published by the State Parties.
Managua, Nicaragua, December 11, 2012.
the undersigned Secretary General of the Secretariat for Central American Economic Integration (SIEGA) CERTIFIES: That the two (2) photocopies preceding this sheet of paper with the letterhead of the Secretariat, printed only on the front, as well as the thirty-three (33) of the attached annex, printed only on the front, initialed and sealed with the seal of the SIEGA, faithfully reproduce Resolution number two hundred ninety-seven dash two thousand twelve COMIECO-LXIV (No. 297-2012 (COMIECO-LXIV), adopted by the Council of Ministers of Economic Integration at its meeting of the eleventh (11) of December two thousand twelve (2012), from the originals of which they were reproduced. And to forward to the State Parties for their corresponding publication, I issue this certified copy in the city of Guatemala, on the fourteenth (14) of December two thousand twelve (2012). ---------------------------------
CENTRAL AMERICAN TECHNICAL REGULATION RTCA 65.05.61.11 __________________________________________________________________________ MICROBIOLOGICAL PESTICIDES FOR AGRICULTURAL USE. REGISTRATION REQUIREMENTS __________________________________________________________________________ CORRESPONDENCE: This Regulation has no correspondence with any international standard.
ICS 65.100 RTCA 65.05.61.11 Central American Technical Regulation edited by:
. Ministry of Economy, MINECO . Salvadoran Regulatory Body, OSARTEC . Ministry of Development, Industry and Trade, MIFIC . Secretariat of Industry and Trade, SIC . Ministry of Economy, Industry and Trade, MEIC REPORT The respective Technical Committees on Technical Regulation through the Technical Regulation Bodies of the Central American countries, are the bodies responsible for conducting the study or adoption of technical regulations. They are composed of representatives from the Academic, Consumer, Private Enterprise, and Government Sectors.
This Central American Technical Regulation RTCA 65.05.61.11 MICROBIOLOGICAL PESTICIDES FOR AGRICULTURAL USE. REGISTRATION REQUIREMENTS, was adopted by the Subgroup on Standardization Measures and the Subgroup on Central American Agricultural Inputs. The officialization of this Technical Regulation entails approval by the Council of Ministers of Economic Integration (COMIECO).
MEMBERS PARTICIPATING IN THE COMMITTEE For El Salvador:
MAG For Guatemala:
MAGA For Nicaragua:
MAGFOR For Costa Rica:
SFE-MAG For Honduras:
SAG-SENASA 1. OBJECT To establish the requirements for granting the registration of microbiological pesticides for agricultural use.
2. SCOPE Applies to the registration of microbiological pesticides for agricultural use that are reproduced, formulated, packaged, repacked or refilled, imported, exported, distributed, and marketed in the State Parties of the Central American Region. Repacking or refilling activities shall be regulated in accordance with the regulations of each State Party.
The registration excludes microbiological pesticides for experimental purposes and reproduction for own consumption (consumo propio).
3. DEFINITIONS AND TERMINOLOGY For the purposes of the interpretation of this RTCA, the following definitions shall be taken into consideration:
3.1 Update of registrations: process by which the holders of registrations of microbiological pesticides, granted before the entry into force of the present regulation and which are current, and those contemplated in transitory provisions I and III, shall provide the National Competent Authority (Autoridad Nacional Competente, ANC) with the information required in these transitory provisions.
3.2 Storage: action of storing, gathering, preserving, keeping, or depositing pesticides in warehouses, storerooms, customs, or vehicles, under the conditions stipulated in the present Regulation.
3.3 National Competent Authority (Autoridad Nacional Competente, ANC): Ministry/Secretariat of Agriculture or any other authority that by legal mandate grants the registration of microbiological pesticides for agricultural use.
3.4 Strain (Cepa): organism that presents phenotypic changes with respect to the original organism.
3.5 Certificate of registration or free sale: official document that certifies the registration of a microbiological pesticide in the country of origin of the formulation or reproduction, for its sale or use.
3.6 Own consumption (Consumo propio): is the reproduction or formulation of microbiological pesticides for exclusive use on the production unit of the same reproducer or formulator, which must not be available for sale or trade within the country.
3.7 Contaminant (Contaminante): anything that is found in the chemical composition of the formulated product that is not declared as part of its formulation.
3.8 Minimum and maximum content of microbiological entity (entidad microbiológica): minimum and maximum quantity of the microbiological entity contained in the material used for the reproduction and formulation of the products. The content must be expressed in the appropriate terms, such as colony-forming units, international units, number of cells, spores, or active units per volume or weight, or any other form that is pertinent for the microorganism.
3.9 Efficacy of the product: degree of the desired effect that a microbiological pesticide has on the control of the target pest.
3.10 Microbiological entity (Entidad microbiológica): organism used for pest control that includes bacteria, fungi, viruses, and protozoa.
3.11 Container or package (Envase o empaque): suitable recipient that is in direct contact with the microbiological pesticide, to preserve it, identify it, and facilitate its transport.
3.12 Label (Etiqueta): printed material or graphic inscription, written in legible characters, that identifies, lists its components, and describes the product contained in the container or package that accompanies it.
3.13 Formulator: natural (individual) or legal person that is engaged in the preparation of microbiological pesticides for agricultural use.
3.14 Inert ingredient (Ingrediente inerte): substance without biocidal action on pests or without effect on plant metabolism that is used as a carrier or conditioner for a microbiological pesticide.
3.15 Brand (Marca): any visible sign, suitable for distinguishing the products or services of one company, with respect to the products or services of other companies.
3.16 Pamphlet (Panfleto): printed material that is attached to the container of each commercial presentation of a microbiological pesticide for agricultural use, which contains complementary information to the label.
3.17 Pre-harvest interval (Período de carencia): time that must elapse between the last application of a microbiological pesticide and the harvest of the crop on which it was applied.
3.18 Re-entry period (Período de reingreso): time that must elapse between the treatment or application of a pesticide and the entry of persons and animals into the area or crop treated.
3.19 Pest (Plaga): any species, race, or biotype of plant or animal or pathogenic agent harmful to plants or plant products.
3.20 Formulated product: commercial product that has been prepared from a microbiological entity plus the other components of the formulation, following established quality standards.
3.21 Refilling or repacking: action of transferring the product from its original container to other presentations.
3.22 Regent (Regente): professional in agricultural sciences who assumes technical responsibility in the processes of registration, use, and marketing of microbiological pesticides before the ANC.
3.23 Registration: administrative, technical, and legal process through which every application for registration of a microbiological pesticide is evaluated by the ANC, prior to its inscription.
3.24 Reproducer or producer: natural (individual) or legal person who is engaged in the multiplication of the microbiological entity for agricultural use.
3.25 Applicant (Solicitante): natural (individual) or legal person who requests from the National Competent Authority the registration of a microbiological pesticide for agricultural use, for commercial purposes.
3.26 Registration holder (Titular del registro): natural (individual) or legal person, owner of the registration of a microbiological pesticide for agricultural use, before the ANC.
4. GENERAL PROVISIONS 4.1 Every natural (individual) or legal person who intends to reproduce, formulate, import, package, refill, repack, export, store, market, register, modify, or renew the registration of microbiological pesticides for agricultural use, must be registered as such before the ANC in accordance with the current legislation of each State Party of the Central American Region.
4.2 For registration procedures, the legal representative of the registration holder or applicant must have domicile in the national territory.
4.3 Microbiological pesticides for agricultural use must be registered before the ANC prior to their importation, marketing.
4.4 The registration dossier (expediente) of a microbiological pesticide for agricultural use must contain administrative and technical information according to the requirements established in this regulation.
4.5 The information contained in the documents submitted to the ANC to support a registration and which are written in a language other than Spanish/Castilian, will be admissible by the ANC accompanied by its translation into Spanish/Castilian. The documents indicated in subsections 5.1.b and 5.l.c written in a language other than Spanish/Castilian must be submitted with their respective official translation into Spanish/Castilian.
4.6 If the qualitative-quantitative composition certificate contains information that the applicant considers to be confidential, they may request this status before the ANC, which will evaluate said request, in accordance with the legislation that regulates this matter, in each State Party of the Central American Region.
4.7 The cost of the laboratory analysis/analyses for obtaining the registration, as well as quality control, shall be covered by the applicant or by the registration holder.
4.8 The validity of the registrations of microbiological pesticides for agricultural use shall be ten years from the date on which the registration is granted. The provisions of this article shall apply to renewals and those registrations of microbiological pesticides for agricultural use that comply with the provisions of transitory provision I.
4.9 The application for registration of a microbiological pesticide for agricultural use shall be accepted for a single product, which may have one or more commercial brands; a single formulator and origin.
4.10 Every microbiological pesticide for agricultural use that is imported or marketed in the region must have the label adhered or lithographed on its container or package, and the pamphlet attached, as approved by the ANC.
4.11 The certificates or evidences that support the registration of a microbiological pesticide for agricultural use must have been issued within a period of one year prior to the date of their submission to the ANC. These documents must be submitted duly legalized.
4.12 The applicant must justify to the ANC, based on technical and scientific criteria, the non-fulfillment of any requirement of the stipulated information that constitutes the technical requirements of the product, when they demonstrate that it does not apply. For this purpose, the ANC will evaluate the arguments under technical and scientific criteria, according to the nature of the requirement, and must notify the applicant.
4.13 A brand of a product registered with the ANC may be used to identify a microbiological pesticide for agricultural use of different composition, concentration, or formulation when, following the brand, the common name of the microbiological entity/entities it contains, the concentration, or the formulation of the product is indicated.
4.14 A brand already registered with the competent Authority may be used for registration purposes of a microbiological pesticide by a third party, provided that the owner thereof authorizes it.
4.15 The ANC shall not grant the registration of a microbiological pesticide for agricultural use when:
- a)It does not comply with the provisions of the present regulation.
- b)It is a product with a brand identical to another already registered with the ANC, that contains a different microbiological entity in its composition, except for the provisions of subsections 4.13 and 4.14.
- c)It is a product that uses as a brand the common name(s) of the microbiological entity, different from those described in the qualitative-quantitative composition of the product.
- d)It is demonstrated or proven that the use of the product causes damage to health, the environment, and agriculture.
- e)A brand or terms are used that lead to confusion or do not correspond with the characteristics or identification of the microbiological entity to be registered.
4.16 When it is demonstrated through technical-scientific justification of a possible risk to health, the environment, and agriculture, the National Competent Authority may request additional information from the applicant or the registration holder. Likewise, it may require technical opinions from other competent entities.
The foregoing may be requested at any stage of the registration, modification, renewal, or update process, including during the validity of the registration.
4.17 Every application for registration of an agricultural microbiological pesticide must be accompanied by three copies of the draft label and pamphlet written in Spanish/Castilian.
4.18 Every label and pamphlet must be approved by the ANC prior to the marketing of the microbiological pesticide.
4.19 The information on physical and biological properties, as well as the biological efficacy tests, must be provided through data from studies conducted on the product to be registered.
The toxicological and ecotoxicological information must be provided through data from studies conducted on the product or microbiological entity (at the strain (cepa), serotype, or any other pertinent designation of the organism) that forms part of the product to be registered, unless the applicant can justify, based on internationally recognized scientific information, that the requested use of said microbiological entity lacks harmful effects on human or animal health, as well as an impact on the environment. For this purpose, the ANC will evaluate the justification under technical-scientific criteria.
Toxicological and ecotoxicological information from already registered formulated microbiological pesticides may be used as a reference, provided that the product to be registered contains the same identity and falls within the declared minimum and maximum content of the microbiological entity of the reference product, and that authorization from the holder of that information is available, or that the data protection period for such information has expired, in accordance with the domestic legislation of each country.
5. REGISTRATION OF MICROBIOLOGICAL PESTICIDES 5.1 The following administrative requirements are established:
- a)Application in accordance with Annex 1.
- b)Certificate of registration or free sale, in original, issued by the ANC of the country of origin of formulation or reproduction of the microbiological pesticide or any other entity that demonstrates it is legally empowered to issue such certificates.
In the event that the product is not registered or not marketed in the country of origin of formulation or reproduction of the microbiological pesticide, a certificate of origin or evidence issued by the ANC or any other entity that demonstrates it is legally empowered to issue it must be submitted, indicating the reasons why the product is not registered or not freely marketed in the country of origin of formulation or reproduction of the microbiological pesticide, or evidence from the ANC indicating that the reproducer or formulator are authorized to reproduce or formulate microbiological pesticides for agricultural use.
Compliance with this requirement is exempted when the microbiological pesticide is reproduced or formulated in the State Party of the Central American region where registration is sought.
NOTES:
1. When these certificates are issued once only by the ANC of the country of origin, the applicant may submit a duly legalized photocopy and simultaneously attach the document that accredits said provision.
2. If an original registration or free sale certificate includes two or more products, the applicant may provide photocopies of the original certificate, which must be authenticated or collated with the original in the country where it will be registered.
- c)Certificate of composition, in original, issued and signed by the person responsible for the reproduction or formulation of the product, indicating:
c.1. the minimum and maximum content of the microbiological entity, expressed in colony-forming units, international units, number of cells, spores, or active units per volume or weight, or any other form that is pertinent for the microorganism; c.2. the concentration in % w/w or % w/v, according to the physical state of the product; c.3. names and concentrations of the inert ingredients and contaminants; c.4. the purity and the viability percentage of the microbiological entity.
- d)Certificate of analysis of the microbiological pesticide, reporting the concentration of the microbiological entity, in original, provided by the formulator, from a sample of a particular lot, signed by the responsible professional.
- e)Draft(s) of label(s) and pamphlet, according to Annex 2.
e.1 The size of the label must be proportional to the size of the container and its text legible in Spanish/Castilian and authorized by the ANC.
5.2 The following technical requirements are established:
5.2.1. Identity of the microbiological entity a) Common name of the microbiological entity.
- b)Synonyms.
- c)Taxonomic classification.
- d)Strain (cepa) of bacteria, protozoa, and fungi.
- e)In the case of viruses, indicate the serotype.
- f)History of the microbiological entity.
- g)Indicate whether the species of the microbiological entity is native or not to the country where it is to be registered.
- h)Indicate the methods used for its identification.
- i)Indicate possible relationships with known pathogens or whether it is included in the list of pathogens for humans.
- j)Susceptibility to agrochemicals and other organisms.
- k)Life cycle of the microbiological entity.
5.2.2 General characteristics of the formulated product a) Country of origin of the microbiological entity.
- b)Indicate the common name of the inert ingredients.
- c)Describe the formulation process. Indicate whether the final product is stabilized (reproduction medium or maintenance medium).
5.2.3 Physicochemical properties of the formulated product a) Color.
- b)Odor.
- c)Physical state. d) pH (acidity, alkalinity).
- e)Storage stability and shelf life.
e.1) Effect of light, temperature, and humidity.
e.2) Shelf life at the recommended temperature.
- f)Flammability.
- g)Corrosivity.
- h)Granulometry (particle size in microns for granules and powders).
- i)Density.
- j)Solubility.
- k)Wettability, for wettable powders.
- l)Foam persistence (for products that are applied with water).
- m)Suspensibility for wettable powders and solution concentrates.
- n)Emulsion stability for emulsifiable concentrates.
5.2.4 Aspects related to the utility and application of the formulated product 5.2.4.1 Agronomic use a) Scope of application (field, controlled conditions).
- b)Common and scientific name of the crops to be protected.
- c)Common and scientific name of the pests to be controlled.
- d)Type of application equipment and method to be used.
- e)Type of nozzles to be used.
- f)Mixture preparation method.
- g)Time of application.
- h)Method of application (indicating if the product is directed at the soil, foliage, drip irrigation, or other).
- i)Optimum pH of the mixture to be applied.
- j)Mode and mechanism of action (through a toxin, infection, or pathogenicity).
- k)Phytosanitary conditions (if it requires a certain percentage of infestation, stages, or others).
- l)Environmental conditions for its use, temperature conditions, humidity, or others).
- m)Dose rate in kilograms or liters per area and volume of mixture to be used according to the type and application equipment.
- n)Application interval.
- o)Time that must be suspended before and after agrochemical applications.
- p)Maximum number of applications per crop cycle.
- q)Pest stages and levels, and phenological development stages at which it is recommended to apply it.
- r)Pre-harvest interval (interval between the last application and harvest).
- s)Re-entry period to the treated area.
- t)Incompatibility with other chemical, biological, and other biotechnological substances used in plant production.
- u)Phytotoxicity.
- v)For formulated pesticides that are registered in any State Party of the Central American region, the submission of the results of biological efficacy trials for the control of the requested pest(s), conducted in accordance with the current Standard Protocol for Biological Efficacy Trials of Pesticides for Agricultural Use, will be required.
- w)In the case of trials conducted abroad, those that have been conducted under similar agroecological conditions in which the pest manifests itself, associated with the crop or crops, will be accepted for evaluation by the ANC, provided they are approved by the ANC or any other authorized, delegated, or recognized entity in the country where the trial was conducted. 5.2.4.2 Basic information must be provided on the potential of the microorganisms to produce adverse effects, capacity to colonize, cause damage, produce toxins, and relevant metabolites.
5.2.5 Toxicology 5.2.5.1 Toxicological data: Submit the following studies generated with the product to be registered:
| Recommended guide U.S EPA OPPTS or other internationally recognized. | Required study | Notes | | --- | --- | --- | | 885.3500 | Cell cultures | 1 | | 870.1100 | Acute oral toxicity | 2 | | 870.1200 | Acute dermal toxicity | 2 | | 870.1300 | Acute inhalation toxicity | 2, 3 | | 870.2400 | Acute eye irritation | 2 | | 870.2500 | Primary dermal irritation | 2 | NOTES:
1. Data must be supplied only when the microbiological entity is a virus.
2. Exceptions to any of these studies may be requested when the registrant can demonstrate that the combination of formulation additives poses no risk to human health.
3. Required when the product consists of, or under conditions of use results in, an inhalable material, for example, a gas, volatile substances, or aerosol particles.
5.2.5.2 Toxic/pathogenic effects of the microbiological entity/product on other species.
5.2.5.2.1 The applicant must submit studies on acute toxicity / pathogenicity in non-target organisms (OPPTS Guideline 885.4000 or other internationally recognized) as indicated below:
- a)Oral toxicity and pathogenicity in birds (OPPTS Guideline 885.4050) b) Toxicity and pathogenicity in aquatic organisms:
b.1) freshwater or marine fish (OPPTS Guideline 885.4200 and 885.4280) b.2) aquatic invertebrates (OPPTS Guideline 885.4240 and 885.4280) c) Toxicity/pathogenicity in bees (OPPTS Guideline 885.4380) d) Toxicity/pathogenicity in non-target terrestrial and aquatic plants (OPPTS Guideline 885.4300) 5.2.5.2.2 For the requirements requested in numerals 5.2.5.1 and 5.2.5.2 (toxicology and ecotoxicology), a study report must be submitted according to the structure indicated in the Guide used. In cases where the protocol used does not indicate how to present the information, the following format must be used:
- a)title of the study, name and number of the guide used, b) date of completion, c) author, d) name of the laboratory and signature of the person responsible for the study, e) name of the sponsor, f) identity of the microorganism used: concentration and type of formulation, origin and producer of the microorganism used, g) introduction, materials, methods, results, discussion and conclusions, h) the laboratories that develop the studies and information described above must at least be accredited by the ANC of the country where the study was conducted.
5.2.6 Symptoms of poisoning and first aid a) Routes of entry (ocular, dermal, oral, inhalation), b) Effects on the organism (damage it may cause to the body and the different organs), c) Diagnosis and symptomatology, d) Antidote and medical treatment, e) First aid (in case of ocular, dermal, oral, inhalation poisoning), f) Direct observation of accidental cases (provide information if poisonings exist).
5.2.7 Characteristics of the containers (for purposes of identifying the different presentations of the product).
- a)Type of container b) Material c) Capacity d) Resistance 5.2.8 Safety information a) Procedures for the destruction of the microbiological entity, product of its metabolism, formulated product, indicating the specific physical or chemical conditions to obtain the deactivation or decomposition of the microbiological material/product.
- b)Waste disposal.
- c)Recommended methods and handling precautions, in general, during the manufacture, formulation, storage, transport, use and handling of the microbiological entity/product.
- d)Information on personal protective equipment.
- e)Procedures for cleaning and decontamination of application equipment and contaminated areas.
- f)Conditions for the storage, transport and use of the product.
- g)Procedures in case of emergencies.
- h)Procedures for decontamination and disposal of containers.
5.2.9 Analytical Methods The following information must be submitted:
- a)Methods of analysis for the qualitative and quantitative determination of the microbiological entity present in the formulated pesticide.
- b)Methods to determine microbiological purity, including viability and levels of contaminants.
6. REGISTRATION OF MICROBIOLOGICAL PESTICIDES FOR EXCLUSIVE EXPORT PURPOSES For the registration of microbiological pesticides for exclusive export purposes, the following requirements must be met:
- a)Application form b) Certificate of composition in original, issued and signed by the person responsible for the reproduction or formulation of the product, indicating:
b. 1. the minimum and maximum content of the microbiological entity, expressed in colony-forming units, international units, number of cells, spores or active units per volume or weight, or in any other way that is pertinent for the microorganism.
b.2. the concentration in % w/w or % w/v, according to the physical state of the product; b.3. names and concentrations of the inert ingredients and contaminants; b.4. the purity and the percentage of viability of the microbiological entity.
- c)Safety data sheet d) Label artwork, with which it will be marketed in the destination country.
7. GROUNDS AND REQUIREMENTS FOR MODIFICATION OF REGISTRATIONS 7.1 The registration of a microbiological pesticide for agricultural use may be modified for the following grounds:
- a)Change of holder.
- b)Change of name or corporate name of the registration holder or formulator.
- c)Change or addition of brand (product name). d) Addition of container or packaging presentations.
- e)Inclusion or exclusion of use.
7.2 For purposes of modification to the registration, the holder must submit the application indicating the reasons for it, as well as indicate that the composition and the physical-chemical properties of the product do not undergo any modification. Depending on the case, the following requirements must be submitted:
- a)Change of holder a. 1) Legal document accrediting the assignment or transfer of said registration.
a. 2) Draft label(s) and leaflet according to the container capacity.
- b)Change of name or corporate name of the registration holder or formulator b.1) Legal document accrediting the change of name, or corporate name of the registration holder or formulator.
b.2) Draft label(s) according to the container capacity.
- c)Change or addition of brand (product name) c.1) Draft label(s) and leaflet according to the container capacity, with the new brand.
c.2) Brand certificate when it exists.
- d)Addition of marketing presentations for labeling purposes d. 1) Type of container, material of the container and capacity of the container.
d. 2) Draft label(s) according to the container capacity.
- e)Inclusion or exclusion of use e. 1) Draft leaflet with the requested modification.
e. 2) Biological efficacy trials of the product, for the inclusion of a new use that applies to a pest not contemplated in the original registration, modification of the dosage, application interval or pre-harvest interval.
7.3 For any modification to the registration that implies a change in the label or the leaflet of the product, the ANC shall grant a period of one year to exhaust the existing stocks of the labeled product in commerce or of the labels.
7.4 The modification to the registration of a determined microbiological pesticide, for agricultural use, shall be made by Administrative Resolution by the ANC, a new registration certificate shall be issued in the cases that are necessary, preserving the number, registration date and expiration date.
8. SUSPENSIONS AND CANCELLATIONS OF REGISTRATIONS 8.1 Suspension of registration The registration of a microbiological pesticide and the authorizations derived from it may be suspended through the administrative procedure, if any of the grounds for suspension of the registration indicated in numeral 8.1.1 are determined.
8.1.1 The registration of a microbiological pesticide for agricultural use shall be subject to suspension when:
- a)The registration holder or the legal representative markets the product with a label not authorized by the ANC.
- b)The registration of the natural or legal person is expired.
- c)The registration holder does not provide, within the period granted by the ANC, the required information, according to numeral 4.16 of this regulation.
- d)When in a second quality control sampling the product does not comply with the current quality standards.
- e)When the registration holder of a microbiological pesticide does not submit, within the established period, the update of their registration, in accordance with what is indicated in Transitory I.
8.1.2 Once the registration of a microbiological pesticide for agricultural use is suspended, the product may not be marketed, formulated, imported, exported, packaged, repackaged or repackaged, except if these actions are necessary to correct the ground for which the registration was suspended. In cases where the suspension is due to product quality, the registration holder must submit to the ANC the corrective measure and the period to comply with it, which will be evaluated by the ANC.
8.1.3 The registration holder shall have a period of three (3) months from the notification to correct the causes that originated said suspension.
8.2 Cancellations of Registrations.
8.2.1 Generalities of the cancellation of the registration The registration of a microbiological pesticide and the authorizations derived from it may be canceled through the established administrative procedure, if any of the grounds for cancellation of the registration indicated in numeral 8.2.2 are determined.
8.2.2 Grounds for cancellation of registration.
The ANC shall cancel, ex officio or at the request of a party of the administered, the registration of microbiological pesticides when:
- a)In a third quality control analysis, the result does not match what was declared in the registration, in those cases where the product has previously been suspended in accordance with what is established in numeral 8.1.1 literal d).
- b)It is technically and scientifically demonstrated that the product, even when used under the approved use recommendations, represents an unacceptable risk to health, the environment and agriculture; or it is demonstrated that the product is ineffective for the uses that were authorized in the corresponding registration.
- c)The registration was granted with defects of absolute, evident and manifest nullity and did not comply with requirements indicated in this Regulation.
- d)It is requested by its holder.
- e)The renewal applications for microbiological pesticides for agricultural use are not approved, as well as for the non-submission of the renewal application; in accordance with what is established in numeral 9.1.
- f)The causes that gave reason for the suspension of the registration are not corrected within the period established in numeral 8.1.2 of this regulation.
9. RENEWAL OF REGISTRATION 9.1 The holder of the registration of a microbiological pesticide for agricultural use must request the renewal of the registration before the ANC prior to its expiration date.
9.2 For the renewal of the registration of a product registered with requirements established by this regulation, what is requested in numeral 5.1 of this regulation must be submitted.
10. TRANSITORY PROVISIONS 11. BIBLIOGRAPHY:
- a)Annex 10, Resolution No. 118-2004 (COMIECO), Technical requirements for the commercial registration of microbiological pesticides for agricultural use.