- 1)Principle of scientific truth: Acts and processes of evaluation of information and evidentiary elements, through which it is verified scientifically that chemical or related substances for agricultural use comply with the regulations and requirements for their registration.
- 2)Principle of identity: Technical and scientific evidence that allows demonstrating that registered substances comply with the technical specifications under which they were registered.
- 3)Principle of quality: Evidence demonstrating that the registered substance met all the regulatory requirements for its registration.
- 4)Principle of efficacy: Agronomic, technical, and scientific evidence that allows verifying that registered formulated synthetic pesticides are effective for the use or uses authorized in their registration and demonstrate that they do not affect health or the environment.
- 5)Principle of reasonableness: Acts and procedures under which it is demonstrated that formulated synthetic pesticides, technical grade active ingredient, adjuvants, and related substances for agricultural use, used correctly and reasonably, do not entail unacceptable risks to human health and the environment.
- 6)Precautionary principle: When there is danger or threat of serious or imminent damage to the elements of biodiversity and the knowledge associated with these, the absence of scientific certainty shall not be used as a reason to postpone the adoption of effective protection measures.
1. OBJECTIVE This regulation has the following objectives:
1.1. To regulate the Registry of Formulated Synthetic Pesticides, Technical Grade Active Ingredient, Adjuvants, and Related Substances for Agricultural Use of the State Phytosanitary Service (Servicio Fitosanitario del Estado) of the Ministry of Agriculture and Livestock.
1.2. To establish the regulations, general principles, and procedures that govern the process of registration, use, and control of Formulated Synthetic Pesticides, Technical Grade Active Ingredient, Adjuvants, and Related Substances for Agricultural Use, with the purpose of approving their sale and utilization, following evaluation of sufficient scientific data demonstrating that the product is effective for its intended purpose and does not represent unacceptable risks to health and the environment, when used according to the recommendations for use.
2. SCOPE OF APPLICATION Formulated chemical pesticides, technical grade active ingredient, adjuvants, and related substances, as well as those of mineral origin and inorganic salts, and physical vehicles, must be registered prior to their importation, manufacturing, formulation, storage, distribution, transport, repackaging, refilling, handling, mixing, sale, and use.
This regulation applies to natural or legal persons who register, market, import, formulate, manufacture, refill, repackage, store, distribute, and handle formulated chemical pesticides, technical grade active ingredient, adjuvants, related substances, as well as those of mineral origin and inorganic salts.
Substances obtained by aerobic fermentation or another process from living organisms, to which national or regional regulations for the registration of microbiological or botanical products do not apply, shall be subject to this regulation.
The registration indicated is exempted in the following situations:
2.1. When they enter in transit.
2.2. Samples imported for research development, including products in early research phases identified by manufacturers with internal codes.
2.3. Those imported to combat specific phytosanitary problems in accordance with the provisions of Article 24 of Law 7664, Phytosanitary Protection Law.
2.4. Analytical standards. In these cases, a special authorization from the State Phytosanitary Service (Servicio Fitosanitario del Estado) shall be granted.
2.5. Physical vehicles for agricultural use, such as plastic bags or cardboard strips or other materials that by themselves do not have biocidal action. For those cases where the physical vehicle contains a percentage of the technical-grade active ingredient (IAGT) extruded within it, the IAGT must be registered in accordance with what this Regulation indicates.
3. REFERENCES 3.1. Executive Decree Nº 15563-MAG-S, Regulation for the Protection of the National Apiculture Industry, of July 5, 1984, published in La Gaceta 156 of August 20, 1984.
3.2. Executive Decree Nº 24715-MOPT-MEIC-S, Regulation for the Ground Transport of Dangerous Products, of October 6, 1995, published in La Gaceta 207 of November 1, 1995.
3.3. Executive Decree Nº 34740-H-COMEX, Regulation of the Duty Drawback Regime, of August 29, 2008, published in La Gaceta 181 of September 19, 2008.
3.4. Executive Decree Nº 34165-H-COMEX, Regulation of the Inward Processing Regime, of December 4, 2007, published in La Gaceta 247 of December 24, 2007.
3.5. Executive Decree Nº 26503-MAG, Regulation of Agricultural Oversight by the College of Agronomists of Costa Rica (Colegio de Ingenieros Agrónomos de Costa Rica), of October 24, 1997, published in La Gaceta 242 of December 16, 1997.
3.6. Executive Decree Nº 27037-MAG-MEIC, Standard RTCR 321:1998 Registration and Examination of Equipment for the Application of Chemical, Biological, Biochemical, or Related Substances, of January 5, 1998, published in La Gaceta 174 of September 7, 1998, Supplement 59ª.
3.7. Executive Decree Nº 27041-MAG-MEIC, Standard RTCR176: 1991 Agrochemicals. Sampling, of January 5, 1998, published in La Gaceta 176 of September 9, 1998.
3.8. Executive Decree Nº 27056-MAG-MEIC, Standard RTCR 213:1997 Sampling for analysis of pesticide residues in vegetable crops, of January 5, 1998, published in La Gaceta 178 of September 11, 1998.
3.9. Executive Decree Nº 27763-MAG, Setting of Service Fees of the Ministry of Agriculture and Livestock, of March 10, 1999, published in La Gaceta 68 of April 9, 1999, Supplement 26 3.10. Executive Decree Nº 27973-MAG-MEIC-S, RTCR 318:1998 Laboratory for Analysis of Chemical and Biological Substances for Use in Agriculture, May 19, 1998, published in La Gaceta 139 of July 19, 1999.
3.11. Executive Decree Nº 31520-MS-MAG-MINAE-MOPTMGPSP, Regulation for the Activities of Agricultural Aviation, of October 16, 2003, published in La Gaceta 241 of December 15, 2003.
3.12. Executive Decree 31961, Resolution 118-2004 (COMIECO), Standard Protocol for Bioefficacy Trials of Pesticides for Agricultural Use, of June 26, 2004. published in La Gaceta 179 of September 13, 2004.
4. DEFINITIONS The terms and concepts used in this regulation shall be defined, interpreted, and applied in the manner and sense indicated as follows:
4.1. Biocidal action: Interference of a pesticide in the life processes of a pest or in its development or ability to cause damage in a plant.
4.2. Physiological action: Mobility and metabolic activity of a chemical substance in the plant to which it is applied. It includes aspects such as absorption, translocation, accumulation, phytotoxicity, metabolic stability, and enzymatic degradation, among others.
4.3. Storage: The action of storing, gathering, preserving, keeping, or depositing formulated synthetic pesticide, technical grade active ingredient, adjuvants, and related substances in warehouses, stores, customs, or vehicles under the conditions stipulated in this Regulation.
4.4. Formulation auxiliaries (Inert ingredients): Substances without direct biological activity against the pest or regulation of plant metabolism, used as a carrier or conditioner for a pesticide, a related substance, or adjuvant. They are not necessarily considered inert from the toxicological and ecotoxicological point of view. Changes in formulation auxiliaries in formulated products shall be considered minor changes if they conform to the provisions of this regulation.
4.5. Pesticide class: Determines whether the product is an insecticide, fungicide, herbicide, nematicide, acaricide, rodenticide, among others.
4.6. Adjuvant: Chemical substance that contributes, assists, or helps to achieve a better action when correctly mixed with a formulated synthetic pesticide.
4.7. Component of the related substance or adjuvant: Substance(s) that exert(s) the main action for the use for which the product is intended.
4.8. Median lethal concentration (LC50): Concentration of a substance that causes 50% mortality in test animals, usually under cubic decimeter, liter, or cubic meter of air.
4.9. Complete data: For the purposes of interpreting this regulation, it corresponds to the totality of requirements requested for the registration of a pesticide in accordance with numerals 8.3 and 8.4 of this regulation.
4.10. Test data: For the application and interpretation of this regulation, test data are undisclosed information that includes the information, data, or documents on the safety and efficacy of a technical grade active ingredient or a formulated synthetic pesticide, the elaboration of which required considerable effort, which have not been disclosed to the public, and which are required by the competent authority (AC) in order to grant the registration in the country of said technical grade active ingredient or formulated chemical pesticide. This information is provided within the technical information dossier in all registration modalities, except in the registration by equivalence modality. This information, data, or documents includes, according to the type of registration to which it corresponds, the following: toxicological studies, eco-toxicological studies, studies on the effects on the abiotic environment, and the physicochemical properties and analytical methods on the safety and efficacy of a technical grade active ingredient or a formulated synthetic pesticide, and the biological efficacy tests for the registration of formulated products.
4.11. Confiscation (Decomiso): Consists of the loss of property experienced by the owner in favor of the State of the material goods that have been the cause or instrument of an infraction and in the cases indicated in this Regulation.
4.12. Decontamination of used containers: Procedure by which the residues of formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances remaining in used containers are adequately decontaminated or denatured.
4.13. Destruction of containers: Method used for the destruction of empty containers that contained formulated synthetic pesticides, technical grade active ingredients, adjuvants, and related substances.
4.14. Median lethal dose (LD50): Amount 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 kilogram of body weight.
4.15. Efficacy of the product: Degree of effect that a formulated synthetic pesticide, adjuvant, or related substance has in relation to the subject of control (insects, mites, fungi, etc.)
4.16. Package/container: Any receptacle containing formulated synthetic pesticides, technical grade active ingredient, adjuvants, related substances, as well as those of mineral origin and inorganic salts for agricultural use for delivery as a single product, that covers them totally or partially, and which includes packaging and wraps. A package may contain several units or types of formulated chemical pesticides, technical grade active ingredient, adjuvants, related substances, and substances obtained by aerobic fermentation or another process from living organisms, as well as those of mineral origin and inorganic salts, pre-packaged when offered to the consumer.
4.17. Company: The natural or legal person directly responsible for the contracting and execution of services for the importation, exportation, distribution, application, advertising, handling, mixing, manufacturing, formulation, repackaging, registration, application, and use of formulated synthetic pesticide, technical grade active ingredient, adjuvants, and related substances.
4.18. Chemical entity: For the purposes of this regulation, it is the active ingredient responsible for the biocidal or physiological action.
4.19. Application equipment: Device used for the application of substances for agricultural use to combat pests and diseases in plants and animals, in both liquid and solid form, as a mist or aerosols, by any of the known application methods.
4.20. Equivalence: Determination of the similarity of purity/impurity profiles, and toxicological/ecotoxicological profiles when necessary, for supposedly similar technical materials produced by different manufacturers and by different manufacturing routes, to establish whether they present similar levels of risk.
4.21. Label: Written, printed, or graphic material on the surface of the container adhered to the product container that indicates and describes the product contained in the package.
4.22. Comprehensive evaluation of scientific data: Procedure by which the competent authority of the country evaluated the scientific studies submitted for the registration of a technical grade active ingredient that led to the registration of that substance.
4.23. Manufacturer: Natural or legal person dedicated to the synthesis of a technical grade active ingredient.
4.24. Formulation: Preparation of formulated chemical pesticides, related substances, as well as those of mineral origin and inorganic salts, which may contain one or more active ingredients, components, or formulation auxiliaries in a form suitable for use.
4.25. Formulator: Natural or legal person dedicated to the formulation of formulated synthetic pesticides and related substances.
4.26. Importer: Natural or legal person who imports formulated chemical pesticides, technical grade active ingredients, adjuvants, related substances, and substances obtained by aerobic fermentation or another process from living organisms, as well as those of mineral origin and inorganic salts for agricultural use that conform to the provisions of the present Regulation.
4.27. Non-relevant impurities: These are impurities that, compared with the active ingredient, are not toxicologically significant for health or the environment. In general, non-relevant impurities have manufacturing specification limits greater than one gram per kilogram (1g/kg).
4.28. Relevant impurities: These are byproducts from the manufacturing of a chemical pesticide, which, compared with the active ingredient, are toxicologically significant for health or the environment, are phytotoxic to treated plants, affect the stability of the pesticide, or have any other adverse effect considered sufficiently serious to be classified as relevant impurities. In general, relevant impurities are those defined as such and made public by international reference organizations, such as the FAO.
4.29. Impurities: These are byproducts from the manufacturing of the active ingredient that remain as part of its composition. They are expressed in grams per kilogram (g/kg).
4.30. Confidential information: This is all information qualified and classified as such by this regulation for each registration modality and the current regulations on undisclosed information. Access to this information shall be granted only to the officials indicated in this regulation and for the purposes of registering technical grade active ingredient, formulated synthetic pesticides, technical grade active ingredient by equivalence, and registration by incorporation. The authorities with access to confidential information shall not require prior authorization from the holder of any registration for the review of the dossier.
4.31. Original information: This is the technical-scientific information specifically developed for the registration of a technical grade active ingredient, formulated synthetic pesticide, adjuvant, or related substance for agricultural use.
4.32. Referenced information: For the application and interpretation of this regulation, this is the technical information from the reference profile, which may be used by the competent authority (AC) to evaluate the application for a registration of active ingredient grade technical (IAGT) by equivalence and which does not have a valid protection period.
4.33. Technical information: This is all information qualified and classified as such by this regulation. The officials indicated in this regulation, third parties to whom the law confers that right, and those authorized by the registrant shall have access to this information.
4.34. Active ingredient (Ingrediente activo): For the purposes of this regulation, it shall be understood as a chemical entity.
4.35. Technical grade active ingredient (Ingrediente activo grado técnico): The technical grade active ingredient can be found under two denominations: TC (technical material) and TK (technical concentrate). The TC normally has a high concentration of active ingredient and may contain essential additives such as stabilizers, but it does not contain 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. Additionally, the TK may contain essential additives such as stabilizers, as well as diluents or solvents.
4.36. Equivalent technical grade active ingredient (Ingrediente activo grado técnico equivalente): For the application and interpretation of this regulation, an equivalent technical grade active ingredient is considered to be the technical grade active ingredient from different manufacturers or from different manufacturing processes or different origins whose purity/impurity profiles meet the results established in the equivalence determination process.
4.37. Acute intoxication (Intoxicación aguda): A clinical condition or state resulting from exposure to a formulated chemical pesticide (plaguicida químico formulado), technical grade active ingredient, adjuvants (Coadyuvantes) and related substances (sustancias afines) in which adverse effects occur shortly after a single exposure or multiple repeated exposures within a 24-hour period.
4.38. Chronic intoxication (Intoxicación crónica): A clinical condition or state in which adverse effects occur as a result of a single or multiple repeated exposures to a formulated chemical pesticide, technical grade active ingredient, adjuvants and related substances in the medium and long term.
4.39. Dermal intoxication (Intoxicación dermal): A clinical condition or state in which adverse effects occur as a result of the absorption of a formulated chemical pesticide, technical grade active ingredient, adjuvants and related substances through the skin.
4.40. Oral intoxication (Intoxicación oral): A clinical condition or state in which toxic effects are produced by a formulated chemical pesticide, technical grade active ingredient, adjuvants and related substances when absorbed by ingestion.
4.41. Inhalation intoxication (Intoxicación por inhalación): A clinical condition or state in which the manifestations of toxic effects in humans or animals are caused by a formulated chemical pesticide, technical grade active ingredient, adjuvants and related substances absorbed through the respiratory tract.
4.42. Registration modification (Modificación al registro): A change to an original registration in accordance with the provisions of this regulation; said registration shall retain the original number.
4.43. Trade name (Nombre comercial): The name by which the registrant identifies a specific product for its commercialization.
4.44. Generic or common name (Nombre genérico o común): The common name of the active ingredient approved by an official international standardization body.
4.45. Chemical name (Nombre químico): This refers to the name approved by IUPAC for the molecule(s) of the active ingredient of a product.
4.46. Reference Country (País de Referencia): A reference country is one that, prior to granting the registration of a technical grade active ingredient, performs a comprehensive evaluation of technical and scientific data following OECD or equivalent guidelines, in such a way that it guarantees a level of protection equal to or higher than that established in this regulation for the registration of technical grade active ingredient.
4.47. Impurity profile (Perfil de impurezas): The maximum concentrations of all impurities (including unknown ones) in a technical grade active ingredient produced by a manufacturer using a unique process, derived from the analysis of production batches. In general, impurities are those with manufacturing specification limits greater than 1 g/kg, but lower limits apply to exceptionally hazardous impurities.
4.48. Ecotoxicological profile (Perfil ecotoxicológico): A summary of 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.
4.49. Reference profile or source (Perfil o fuente de referencia): This is the information on which the risk analysis was based, for which a regulatory decision was made and the corresponding registration was granted, and which will be used as the basis for the equivalence registration, in accordance with the provisions of this regulation.
4.50. Toxicological profile (Perfil toxicológico): A summary of the critical toxicological results that may have consequences for human health due to exposure by various routes, for a specific pesticide.
4.51. Operating permit (Permiso de funcionamiento): A permit that the commercial, industrial, or service establishment must obtain, issued by the Ministry of Health (Ministerio de Salud), after having met all the requirements requested in the current regulations.
4.52. Permit for the importation of samples (Permiso para importación de muestras): This is the authorization issued by the AC to import and use, for research purposes and under the terms established in this regulation, technical grade active ingredients or formulated chemical pesticides, related substances, adjuvants, and substances obtained through aerobic fermentation or another process from living organisms, as well as pesticides of mineral or inorganic origin.
4.53. Pest (Plaga): Any living organism that competes with or causes damage to plants or their products and that can be considered as such, due to its economic, invasive, or extensive nature.
4.54. Restricted-use and sale pesticide (Plaguicida de venta y uso restringido): Any pesticide which, due to its level of risk, its use is conditioned on special handling practices specified by the Ministries through Executive Decree and its sale requires a professional prescription (receta profesional).
4.55. Formulated chemical pesticide (Plaguicida químico formulado): A commercial product intended for agricultural use to combat pests that has been prepared from one or more technical grade active ingredients or another production process.
4.56. Pesticide (Plaguicida): Understood for the purposes of this regulation as any substance or mixture of chemical substances with biocidal or physiological action, intended to prevent, destroy, or control any pest that affects planting, crops, and their harvests, or that interferes in any other way with production; it also includes those chemical substances applied to the product after harvest. This term includes substances obtained from aerobic fermentation or another process from a living organism. Those of mineral or inorganic origin are also included.
4.57. Good agricultural practice (Práctica agrícola correcta): This is the set of actions that appropriately integrate available resources to create favorable environmental conditions for crops without producing harmful effects on the environment and users.
4.58. New agrochemical product (Producto agroquímico nuevo): This is a technical grade active ingredient that does not contain a chemical entity found in a registration previously granted in Costa Rica, as a technical grade active ingredient or as part of a formulated chemical pesticide.
4.59. Professional prescription (Receta profesional): A document issued by a professional in agricultural sciences, registered and authorized for that purpose by the College of Agronomists (Colegio de Ingenieros Agrónomos), through which they recommend a formulated chemical pesticide or a method of combat, for use in agriculture. Said prescription must be issued in accordance with what the College of Agronomists establishes in this regard.
4.60. Repacker, repackager (Reenvasador, reempacador): An individual or legal entity authorized by the registration holder and the Ministries to subdivide or add, for commercial purposes, a formulated chemical pesticide, technical grade active ingredient, adjuvants, related substances, and substances obtained from aerobic fermentation or another process from a living organism. Legally registered products of mineral origin and inorganic salts are also included, into containers smaller or larger than the original, in accordance with the provisions of this Regulation.
4.61. Regent (Regente): A professional in Agricultural Sciences, Chemistry, or Microbiology, who, in accordance with Law 7664: Phytosanitary Protection Law (Ley 7664: Ley de Protección Fitosanitaria), assumes the technical responsibility for the registration, synthesis, formulation, use, and control processes of pesticides established in this regulation and the aforementioned law.
4.62. Registrant (Registrante): An individual or legal entity that requests authorization from the Ministry for the registration of a formulated pesticide, technical grade active ingredient, adjuvant and related substance, and products derived from living organisms.
4.63. Company registration (Registro de compañía): This is the legal procedure by which an individual or legal entity is authorized for all purposes of this Regulation before the Ministry.
4.64. Registration by incorporation (Registro por incorporación): This is the process through which the AC grants the registration of technical grade active ingredients, under the modality of incorporation provided for in this regulation, by accepting the registration of these ingredients previously granted by a reference country or community region, whose regulations and comprehensive evaluation of scientific data guarantee a level of protection similar to or higher than that established in Costa Rican regulations. The registration of the technical grade active ingredient to be incorporated must be approved and valid in the country from which the registration will be incorporated. The granting of the registration of a technical grade active ingredient by incorporation does not exempt from the fulfillment of requirements or the evaluation by the other ministries in their respective areas of competence, in the registration of a formulated synthetic pesticide based on the technical grade active ingredient registered by incorporation.
4.65. Registration (Registro): The process by which the AC approves the sale and use of a formulated chemical pesticide, technical grade active ingredient, adjuvants, related substances, as well as those of mineral origin and inorganic salts, after a comprehensive evaluation of scientific data demonstrating that the product is effective for its intended purpose and does not pose an unacceptable risk to human health, animal health, or the environment.
4.66. Pesticide remainder (Remanente de plaguicida): A small amount of formulated chemical pesticide, technical grade active ingredient, adjuvants, and related substances left in the empty container, or a small amount not used due to mechanical limitations of the application equipment or other technical reasons.
4.67. Renewal (Renovación): A 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 that new information or data shows a change in behavior or risks.
4.68. Residue (Residuo): Any specific substance present in food, agricultural products, or animal feed, as a consequence of the use of a formulated chemical pesticide, technical grade active ingredient, adjuvants, and related substances. The term includes any derivative of a formulated chemical pesticide, technical grade active ingredient, adjuvants, and related substances, such as conversion products, metabolites, and reaction products, and impurities considered of toxicological importance.
4.69. Detention (Retención): The action of keeping material goods that have violated this Regulation under prohibition of transfer, use, or consumption in safe conditions, either by moving them to the Ministry's warehouses or under security seals at the commercial premises, for their subsequent confiscation or release, as appropriate.
4.70. Related substance (Sustancia afín): For the purposes of the application and interpretation of this regulation, related substances are not pesticides; rather, they are substances intended for use in crops as repellents of synthetic origin, attractants, sunscreens, substances applied to the product after harvest to protect it against deterioration during storage and transport, adhesives or gums, seed protectants prior to sowing against the action of chemical substances, phytotoxicity protectants, as well as growth regulators and physiological inducers. In those cases where a related substance has a biocidal effect or toxicological or ecotoxicological relevance, it must be evaluated as a pesticide.
4.71. Pesticide type (Tipo de plaguicida): The chemical group to which a product belongs, such as organophosphates, carbamates, pyrethroids, sulfonylureas, among others.
4.72. Registration holder (Titular del registro): An individual or legal entity who owns the registration of a formulated chemical pesticide, technical grade active ingredient, adjuvants, related substances, and substances obtained from aerobic fermentation or another process from a living organism before the Ministry.
4.73. Tolerance (Tolerancia): The maximum residue limit of a formulated chemical pesticide or its metabolites, whose presence is legally permitted in products for human or animal consumption.
4.74. Toxicity (Toxicidad): The property of a substance and its metabolic or degradation products to cause damage to health, after having entered the biological organism by any route.
4.75. Physical vehicle containing a pesticide or related substance (Vehículo físico que contiene plaguicida o sustancia afín): An inert medium that provides an adequate contact surface or fixes a pesticide (technical grade active ingredient or formulation) or related substance previously registered for this purpose." 5. ABBREVIATIONS For the purposes of this Regulation, the following shall be understood as:
5.1. AC: Competent Authority (Autoridad Competente) 5.2. ANSI: American National Standards Institute.
5.3. BSI: British Standards Institution.
5.4. CAS: Chemical Abstracts Service.
5.5. GC: Gas chromatography (Cromatografía de gases).
5.6. CIPAC: Collaborative International Pesticides Analytical Council.
5.7. FAO: Food and Agriculture Organization of the United Nations.
5.8. FIFRA: Federal Insecticide, Fungicide and Rodenticide Act.
5.9. HPLC: High-pressure liquid chromatography.
5.10. ISO: International Organization for Standardization.
5.11. IR: Infrared spectrophotometry (Espectrofotometría de infrarrojo).
5.12. IRAC: Insecticide Resistance Action Committee 5.13. IUPAC: International Union of Pure and Applied Chemistry.
5.14. MAG: Ministry of Agriculture and Livestock (Ministerio de Agricultura y Ganadería).
5.15. MASS: Mass spectrometry (Espectrometría de masas).
5.16. MINAE: Ministry of Environment and Energy (Ministerio del Ambiente y Energía).
5.17. Ministry (Ministerio): Ministry of Agriculture and Livestock.
5.18. Ministries (Ministerios): The Ministries of Agriculture and Livestock; Health; and Environment and Energy.
5.19. MINSA: Ministry of Health (Ministerio de Salud).
5.20. OECD: Organization for Economic Cooperation and Development.
5.21. NMR: Nuclear magnetic resonance (Resonancia magnética nuclear).
5.22. SFE: State Phytosanitary Service (Servicio Fitosanitario del Estado).
5.23. TC: Technical Material.
5.24. TK: Technical Concentrate.
5.25. WSSA: Weed Science Society of America.
5.26. UV-VIS: Ultraviolet-visible spectrophotometry (Espectrofotometría ultra violeta visible).
6. GENERAL ASPECTS OF REGISTRATION ADMINISTRATION 6.1. COMPETENT AUTHORITY FOR REGISTRATION ADMINISTRATION The registration of formulated synthetic pesticides, technical grade active ingredient, 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.
6.2. OTHER AUTHORITIES PARTICIPATING IN THE REGISTRATION PROCESS The Ministries of Health and Environment and Energy, in accordance with their legal competencies, shall participate in the stages of the registration process as indicated, depending on the registration modality in question. The opinion they provide shall be binding on the SFE. All inter-institutional administrative management shall be carried out by the SFE.
6.3. PLACE FOR SUBMITTING PETITIONS 6.3.1. Any act or petition related to the application or interpretation of this regulation must be submitted to the unit that administers the SFE registration, which shall be the competent body to receive, hear, process, and resolve it, in the first instance.
6.3.2. The Executive Directorate of the SFE is the body that hears, instructs, and resolves, in the second instance, appeals against the acts issued by the unit that administers the SFE registration.
6.4. FORM FOR SUBMITTING PETITIONS AND INFORMATION The registrant must submit the information in physical and digital form with an electronic signature. Said information must be presented in the format established by the AC; this information constitutes the registration file (expediente de registro) that is submitted to the AC for evaluation and opinion. This must be organized into three physically separated parts (Administrative, Technical, and Confidential) and in the respective thematic order for each of the requirements established in this Regulation, duly numbered. The Technical dossier must be presented in three physically separate volumes according to the competencies of each Ministry. Likewise, a copy of the file must be submitted (except for the confidential information). If the information is submitted digitally, the administration must ensure it has the computer platform to receive said information digitally, as well as the respective procedures to safeguard the security of the information submitted.
6.4.1. Documents contained in the administrative part submitted to the AC to support a registration, which are drafted in a language other than Spanish, shall be admissible by the AC accompanied by its official translation into Spanish.
6.4.2. Toxicological, ecotoxicological, and environmental fate documents or information contained in the technical part submitted to the AC to support a registration, drafted in a language other than Spanish, shall be accompanied by a summary in Spanish containing at least the title, author and laboratory that performed the test, sponsor, date of the test, reference guideline or protocol, the identity of the test substance, test conditions, methodology, results, and conclusions, described as specified by the guideline used in this test.
6.4.3. Documents and information contained in the confidential part submitted to the AC to support a registration, which come in a language other than Spanish, shall be accepted in English; in other languages, they must be translated into Spanish or English.
6.5. THE REGISTRATION FILE 6.5.1. The registration file for a formulated chemical pesticide, technical grade active ingredient, adjuvants, related substances, pesticides of mineral or inorganic origin is composed of three separate dossiers or digital files: administrative, technical, and confidential.
6.5.2. Dossier or digital file with administrative information: this consists of the information indicated for each of the registration modalities, containing administrative and legal information, and is publicly accessible.
6.5.3. Dossier or digital file with technical information: this consists of all technical and scientific information, including test data, not provided in the confidential information dossier. In addition to its holder and those authorized by them, officials from SFE, MINSA, and MINAE in charge of its analysis, as applicable, shall have access to this information.
6.5.4. Dossier or digital file with Confidential Information: this is the volume containing the chemical information specified for each of the registration modalities and which, in this regulation, is qualified and classified as such. Access to this information shall be given solely and exclusively to the single-window officials in charge of custody, analysis, and review of the information who participate in the registration process, for which they do not require authorization from the holder of the right to the protection of this information. The holder of the right to the protection of the information and the persons they authorize shall also have access to it. Even if the registration is canceled for any reason, the confidential information shall remain in the possession of the AC and may be used as a reference profile (perfil de referencia), without this meaning that its confidential nature is lost.
6.5.5. In the registration processes for a technical grade active ingredient, in any of its modalities, data on the minimum purity of the technical grade active ingredient and on the maximum tolerance of relevant impurities are publicly accessible and non-confidential, except for undisclosed information.
6.6. CUSTODY OF THE ADMINISTRATIVE FILE 6.6.1. 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 Environment and Energy; during the consultation stage, those Ministries shall be responsible for the custody of the files.
6.6.2. The confidential information dossier shall not leave the custody of the SFE, and authorized MINSA and MINAE officials may only have access to it at the place of custody and may not make copies or reproduce said information by manual or electronic means. Officials from the 3 ministries who have access to the confidential information dossier shall be subject to Law No. 7975 of January 4, 2000, and its Regulation DE 34927-J-COMEX-S-MAG of 11-28-2008.
6.6.3. The SFE shall take the necessary measures to safeguard the administrative file against all dishonest commercial use and prevent said information from being disclosed or transferred, especially the information that forms part of the confidential information dossier.
6.6.4. The AC shall prevent unauthorized third parties from using and accessing information from the registrant or the registration holder with protected test data. Personnel involved in the registration procedures 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 AC shall protect test data against unfair commercial use and their disclosure for the period and under the conditions established in this Regulation, in the Law on Undisclosed Information (Ley de Información no Divulgada) and the Regulation to that Law." 6.7. ACCESS TO THE ADMINISTRATIVE FILE 6.7.1. For all administrative files, access is reserved for the single-window personnel assigned to the registration procedure, the registrant, persons 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.
6.7.2. For the purpose of maintaining a record of authorized persons, each Ministry must authorize in writing before the SFE the officials who may have access to the confidential information; the SFE must also keep a written record of its own officials who will have access to this information. The SFE shall maintain a record of signatures of authorized officials, who will be the only ones who may sign the logbook and have access to that information.
6.7.3. 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, under a sworn statement to be presented at the time of being authorized by the Ministries to participate in the registration process.
6.7.4. The chemistry professionals and, when required, the other experts involved in the equivalence analysis of the AC who have been designated by it for the evaluation of files, in the equivalence registration modality, shall have access to the confidential information of the reference profile, as well as that provided by the applicant for equivalence registration and shall not require their authorization to carry out the evaluation or the equivalence determination. These professionals must sign a confidentiality agreement with the AC, guaranteeing that the confidential information to which they have access will not be revealed or disclosed by any means, except for the evaluation, preparation of reports, and opinions related to the equivalence registration processes. In no case may the AC directly or indirectly reveal confidential information to third parties.
6.8. HANDLING OF THE ADMINISTRATIVE FILE 6.8.1. The SFE shall ensure the necessary physical and digital means to guarantee adequate handling and security of said information.
6.8.2. Personnel involved in 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 technical information dossier and the confidential information dossier, respectively, except when such disclosure is necessary to protect the public, in which case the test data must be protected against all unfair commercial use.
6.8.3. The evaluating professionals duly authorized by the Ministries shall leave a written record in the respective logbook.
6.9. PUBLICLY ACCESSIBLE INFORMATION The following is considered publicly accessible information:
6.9.1. Name, content, and origin of active principles in formulated synthetic pesticides and of the registering companies.
6.9.2. Methods and recommendations for transport, storage, fire treatments, and other risks.
6.9.3. Means of container disposal.
6.9.4. Decontamination procedures.
6.9.5. First aid and medical assistance in case of harm to persons.
6.9.6. A summary or abstract of the tests establishing the efficacy and effects of the technical grade active ingredient or the formulated synthetic pesticide, regarding persons, animals, plants, and the environment, except for undisclosed information.
6.9.7. Method of analysis of the active ingredient.
6.9.8. Method of analysis of residues.
6.9.9. Method of analysis of impurities of toxicological or ecotoxicological relevance.
6.9.10. The information contained in the safety data sheet and on the label.
6.9.11. In the registration processes for a technical grade active ingredient, in any of its modalities, data on the minimum purity of the technical grade active ingredient and on the maximum tolerance of relevant impurities are publicly accessible and non-confidential, except for undisclosed information.
6.9.12. The updated list of files submitted for equivalence before the C.A.
6.9.13. The list of existing reference profiles.
Subjects requiring the information referred to in subsections 6.9.6, 6.9.7, 6.9.8, 6.9.9 must do so by means of a note, expressing the reason for the request, which will be registered and filed, except for authorized public officials.
6.10. 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 said 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 said data were disclosed with the authorization of the registrant, the registration holder, or with the authorization of a third party, if any, who has rights over said test data.
7. GENERAL ASPECTS OF THE REGISTRATION OF FORMULATED SYNTHETIC PESTICIDES, TECHNICAL GRADE ACTIVE INGREDIENT, ADJUVANTS, AND RELATED SUBSTANCES FOR AGRICULTURAL USE 7.1. GENERAL ASPECTS OF REGISTRATION 7.1.1. To register a formulated chemical pesticide, technical grade active ingredient, adjuvants, related substances, and pesticides of mineral or inorganic origin, the form in Annex A (Anexo A) must be submitted to the AC, which shall have the character of a sworn statement. The application must be signed by the legal representative. If the application is submitted by a third party and not by the signatory, it must be authenticated by a lawyer.
7.1.2. Each registration application shall be valid for only one product.
7.1.3. Each formulated chemical pesticide, technical grade active ingredient, adjuvant, or pesticide of mineral or inorganic origin shall have a single holder and may be marketed under more than one trade name or brand.
7.1.4. Formulated chemical pesticides may be formulated from more than one source of the same technical grade active ingredient, each of which must be registered with the AC.
7.1.5. Two or more registrations of a technical grade active ingredient may have the same manufacturer as a source, provided that the registrations are processed independently.
7.2. GENERAL ASPECTS OF THE INFORMATION FOR THE REGISTRATION APPLICATION.
7.2.1. All information and studies required according to the registration modality shall be accepted provided they are conducted by companies, professionals, universities, national bodies, and international bodies with the corresponding studies or protocols in accordance with the provisions of this regulation and provided they are conducted with the active ingredient developed by the registering, manufacturing, or formulating company.
In cases where the studies presented differ regarding the minimum concentration of the technical grade active ingredient to be registered, a purity declaration for the product used in the tests may be submitted, in addition to the technical or scientific justifications that allow the AC to corroborate that there is no unacceptable risk to health and the environment.
7.2.2. The guidelines, studies, trials, and methods of physical and chemical, toxicological, and ecotoxicological analysis requested in this regulation shall be conducted following the guidelines established by OCSPP, CIPAC, AOAC, OECD. If a guide different from the recommended one is used and it does not contain the report format, the format of the information to be submitted must contain the following sections: study title, name and number of the guide or protocol used, date of completion, author, name of the laboratory and signature of the study director, name of the sponsor, identity of the test substance (chemical name according to IUPAC, common name, CAS number, concentration and type of formulation), purity of the active ingredient, lot number, name of the manufacturer or formulator of the substance used and its origin, introduction, materials, methods, results in accordance with observations, discussion, and conclusions.
7.2.3. In the case of efficacy, phytotoxicity, and residue trials submitted to the AC, they must have been developed in accordance with the standard protocol for biological efficacy trials for agricultural-use pesticides, from Annex 5 of COMIECO Resolution 118-2004 and as established in Article 33 of Law No. 7664, Plant Protection Law (Ley de Protección Fitosanitaria). For trials conducted abroad, they will be accepted if they were developed under similar agro-ecological conditions or controlled conditions.
7.2.4. The analytical methodologies for determining the physical-chemical quality and residues of the substance(s) must be submitted to the AC along with the registration application. In case of reasonable doubt, the AC may request, by means of a technically and scientifically justified resolution, a results report with evidential elements, and the non-submission of any of these may be technically or scientifically justified.
7.2.5. The official laboratory of the SFE may request the analytical standard in order to implement the respective methodology. The registration process shall not be halted even when the Ministry's laboratories have not implemented the analysis methodologies.
7.2.6. The SFE shall maintain on its website an updated list of the analytical methodologies implemented in its laboratories.
7.2.7. For the purposes of application and interpretation of this regulation, toxicological profiles, ecotoxicological profiles, and impurity profiles shall be acceptable, provided that the tests were conducted following the evaluation protocols developed by the Organisation for Economic Co-operation and Development (OECD) or other guidelines indicated in this Regulation.
7.2.8. The AC or the respective Ministries in the registration process may, at the request of a party, provided there are reasonable technical and scientific arguments, exempt compliance with one or more requirements needed for registration or its renewal. The interested party must justify, based on arguments or on technical or scientific studies as appropriate, the non-application of one or more specific requirements for each registration modality. For this purpose, the AC or the Ministries shall assess the arguments under technical and scientific criteria, must issue the corresponding resolution, and in case of doubt shall consult the competent ministries.
7.2.9. Labeling: The provisions of Central American Technical Regulation No. RTCA 65.05.67.13: Agricultural Inputs. Technical Grade Active Ingredient, Formulated Chemical Pesticides, Related Substances, Adjuvants and Physical Vehicles for Agricultural Use. Requirements for the Preparation of Labels and Leaflets. Resolution No. 365-2015 (COMIECO LXXII) shall apply.
7.2.10. The Ministries may require specific information from the registration holder or discontinue the registration of a pesticide, by means of a reasoned resolution justified technically and scientifically during the validity period of a registration, when an unacceptable risk to human health, the environment, or agriculture is evidenced, when information becomes known that was not considered as a requirement during the evaluation for the granting of this registration, or when there is a modification to the information in the file (expediente).
8. REGISTRATION MODALITIES:
In accordance with the provisions of this regulation, the registration modalities are as follows:
1. Registration of technical grade active ingredient. 2. Registration of technical grade active ingredient by incorporation. 3. Registration of technical grade active ingredient by equivalence. 4. Registration of formulated chemical pesticides. 5. Registration of adjuvants and related substances.
8.1. MODALITIES FOR THE REGISTRATION OF TECHNICAL GRADE ACTIVE INGREDIENT:
8.1.1. Registration of technical grade active ingredient with complete data, in accordance with the provisions of this regulation.
8.1.2. Registration of technical grade active ingredient with complete data by Incorporation, in accordance with the provisions of this regulation.
8.1.3. Registration of technical grade active ingredient by equivalence.
8.2. TEST DATA PROTECTION REGIME 8.2.1. The test data protection regime, applicable to the registration of new technical grade active ingredients, shall be governed by the provisions of this Regulation, the Undisclosed Information Law, Law No. 7975 of January 4, 2000, and the Regulation to the Undisclosed Information Law.
The AC shall prevent third parties without authorization from the registrant or the registration holder with protected test data from using and accessing said information during the term of the protection period.
Personnel involved in the registration procedures must refrain from disclosing the test data without authorization from the registrant or the registration holder, except when necessary to protect the public and provided the test data are protected against unfair commercial use. While the protection of the test data in the file (expediente) is in force, this information may not be used by other registrants to support their registrations, unless authorized by the right holder. Once the protection period has expired, authorization from the right holder is not required to support registration under the equivalence registration modality.
8.2.2. Any registrant of a new technical grade active ingredient submitting test data that comply with the legal and regulatory provisions concerning the test data protection regime must:
8.2.2.1. Submit a declaration signed by the registrant or their legal representative indicating:
8.2.2.1.1. the test data supporting the registration of the technical grade active ingredient contained in the application; 8.2.2.1.2. the chemical entity contained in the technical grade active ingredient for which registration is requested.
8.2.2.2. Attach a sworn declaration 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.
8.2.3. In order to ensure the protection of test data, the AC shall not allow, in the registration modalities of Technical Grade Active Ingredient, Technical Grade Active Ingredient by Equivalence, Technical Grade Active Ingredient by Incorporation, or Formulated Chemical 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 chemical pesticide through the aforementioned registration modalities, by a registrant different from a previous registrant or the registration holder, unless either of these two has authorized the use of said data.
8.2.4. When the registrant requests protection of test data, the AC shall verify that it concerns a new technical grade active ingredient and shall include it on a list of new technical grade active ingredients for which a registration is granted; indicating the registration number, the name under which it is registered, registration modality, holder's name, start date, and expiration date of the protection period for each new technical grade active ingredient for which protection is requested. The AC must make this list available to the public.
8.2.5. The AC shall make public the list of products and formulations with test data subject to protection. Likewise, the AC shall maintain, for its exclusive use, a list of the test data subject to protection, clearly identifying the type of study, the date and site where it was developed, as well as the study number and its sponsor. Additionally, it shall indicate the name of the new IAGT being registered with the applicable protected test data, as well as the start date and expiration date of the protection period. The test data required for the registration of IAGT and for the formulated chemical pesticide based on new technical grade active ingredients shall be protected for a period of ten years, counted from the date of registration approval by the AC.
8.2.6. During the test data protection period, only the holder thereof or a registrant with written authorization from the holder may use them to verify the registration of an IAGT or a formulated chemical pesticide. Upon expiration of the test data protection period, the AC may authorize the registration of IAGT under the equivalence modality as well as formulated pesticides containing that IAGT under the protection of test data generated by a subject different from the registrant of the equivalence registration modality, without the need for authorization from the holder of those test data, even when the reference profile is from a technical grade active ingredient registered under the incorporation modality.
8.2.7. In registrations of technical grade active ingredient made under the registration by incorporation modality, test data protection shall only be granted to new technical grade active ingredients.
8.3. REQUIREMENTS FOR REGISTRATION OF TECHNICAL GRADE ACTIVE INGREDIENT WITH COMPLETE DATA:
For the purposes of this regulation, a technical grade active ingredient contains a single chemical entity, and its registration shall be governed as follows:
This registration modality is mandatory for all technical grade active ingredients not yet registered in the country, except when registration by incorporation or by equivalence applies. For the purposes of determining whether test data protection should be granted to a technical grade active ingredient subject to registration under this modality, the AC 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, either as a technical grade active ingredient or as 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, neither as a technical grade active ingredient nor as part of a formulated chemical pesticide, the test data protection regime referred to in Section 8 of this Regulation must apply.
8.3.1. ADMINISTRATIVE INFORMATION DOSSIER:
8.3.1.1. Registration application. (Annex A) 8.3.1.2. Analytical certificate of composition of the active ingredient indicating the chemical name according to IUPAC and the CAS number (or those proposed by the manufacturer, if not available), minimum concentration, and density, issued by the manufacturer.
8.3.1.3. Proof of payment of the current fee.
8.3.1.4. Analytical standard once the IAGT is registered, according to the requirements established in the Manual on Pesticide Specifications of the FAO and WHO, which the AC shall publish on the SFE website.
8.3.1.5. Safety data sheet for the technical grade active ingredient must contain the internationally standardized requirements using as a model the guidelines of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS), which the AC shall publish on the SFE website.
8.3.1.6. The provisions of Central American Technical Regulation No. RTCA 65.05.67.13: Agricultural Inputs. Technical Grade Active Ingredient, Formulated Chemical Pesticides, Related Substances, Adjuvants and Physical Vehicles for Agricultural Use. Requirements for the Preparation of Labels and Leaflets. Resolution No. 365-2015 (COMIECO LXXII) shall apply.
8.3.2. TECHNICAL INFORMATION DOSSIER:
8.3.2.1. Identity 8.3.2.1.1. Product or brand name.
8.3.2.1.2. Name and address of the manufacturer involved in the process (manufacturer refers to the factory that synthesizes the technical grade active ingredient).
8.3.2.1.3. Common name; proposed or accepted by ISO.
8.3.2.1.4. Synonyms, if any.
8.3.2.1.5. Chemical name. Proposed or accepted by IUPAC.
8.3.2.1.6. CAS Number (for each isomer or mixture if applicable) 8.3.2.1.7. CIPAC Number.
8.3.2.1.8. Molecular formula and molecular mass.
8.3.2.1.9. Structural formula (must include the stereochemistry of active isomers, if known).
8.3.2.1.10. Chemical group.
8.3.2.2. Physical and chemical properties 8.3.2.2.1. Appearance.
8.3.2.2.1.1. Physical state.
8.3.2.2.1.2. Color.
8.3.2.2.1.3. Odor.
8.3.2.2.2. Melting point in ºC, for solids at room temperature.
8.3.2.2.3. Boiling point in ºC (for liquids at room temperature) or decomposition point.
8.3.2.2.4. Bulk density for solids and relative density for liquids.
8.3.2.2.5. Vapor pressure, for substances with a boiling point greater than or equal to 30 ºC.
8.3.2.2.6. Water solubility.
8.3.2.2.7. Solubility in organic solvents: at room temperature; in a polar solvent of choice and also in a non-polar solvent of choice.
8.3.2.2.8. n-Octanol/water partition coefficient (KOW).
8.3.2.2.9. Organic carbon partition coefficient (KOC) 8.3.2.2.10. Acidity, alkalinity, or pH range.
8.3.2.2.11. Ignition point.
8.3.2.2.12. Flammability (solids).
8.3.2.2.13. Flash point (liquids) 8.3.2.2.14. Surface tension.
8.3.2.2.15. Explosive properties.
8.3.2.2.16. Oxidizing properties.
8.3.2.2.17. Reactivity with container or packaging material.
8.3.2.2.18. Viscosity (for liquid substances).
8.3.2.2.19. Dissociation constant in water.
The above requirements may be submitted, as appropriate, for the technical grade active ingredient or the purified substance.
8.3.2.3. Aspects related to its utility 8.3.2.3.1. Pesticide class.
8.3.2.3.2. Mode of action.
8.3.2.3.3. Mechanism of action of the active ingredient on pests.
8.3.2.4. Studies on toxic effects in mammalian species 8.3.2.4.1. Acute toxicity studies for mammals 8.3.2.4.1.1. Acute oral median lethal dose (LD50), expressed in mg/kg of body weight. OECD Technical Guideline 423 and others recognized.
This study shall be required in all cases except if the product is a gas or is highly volatile.
8.3.2.4.1.2. Acute dermal lethal dose (LD50) expressed in mg/kg of body weight. OECD Technical Guideline number 402 and others recognized.
This study shall be required in all cases, except when:
8.3.2.4.1.2.1. The product is a gas or is highly volatile.
8.3.2.4.1.2.2. The product is corrosive to skin or has a pH less than 2 or greater than 11.5.
8.3.2.4.1.3. Acute median lethal concentration by inhalation (LC50), expressed in mg/l of air or mg/m3, for 4 hours of exposure. OECD Technical Guideline 403 and others recognized.
This study shall be required only when the product meets any of the following conditions:
8.3.2.4.1.3.1. it is a gas or liquefied gas, 8.3.2.4.1.3.2. it is a preparation that generates mist or smoke or is a fumigant, 8.3.2.4.1.3.3. it can be included in an aerosol or a preparation that releases vapor, 8.3.2.4.1.3.4. it can be used with fogging equipment, 8.3.2.4.1.3.5. it has a vapor pressure greater than 1x10-2 Pa and is to be included in preparations used in semi-enclosed spaces, 8.3.2.4.1.3.6. it can be included in powder formulations with a proportion greater than 1% by weight of particles with a diameter less than 50 micrometers (μm) 8.3.2.4.1.3.7. it can be included in preparations applied in such a way that it generates particles or droplets with diameters less than 50 micrometers (μm) 8.3.2.4.1.4. Dermal irritation study. The test must show the skin irritation potential of the IAGT, including the potential reversibility of the observed effects. OECD Technical Guideline 404 and others recognized.
This study shall be required in all cases, except when any of the following conditions are met:
8.3.2.4.1.4.1. the material is known beforehand to be corrosive.
8.3.2.4.1.4.2. it has a pH less than 2 or greater than 11.5.
8.3.2.4.1.4.3. it is known not to cause effects on the skin.
8.3.2.4.1.4.4. it is a gas or highly volatile.
8.3.2.4.1.5. Eye irritation. The test must show the skin irritation potential of the IAGT, including the potential reversibility of the observed effects. OECD Technical Guideline 405 and others recognized.
This study shall be required in all cases, except when any of the following conditions are met:
8.3.2.4.1.5.1. the material is known beforehand to be corrosive 8.3.2.4.1.5.2. it has a pH less than 2 or greater than 11.5 8.3.2.4.1.5.3. it is known not to cause ocular effects 8.3.2.4.1.5.4. it is a gas or highly volatile 8.3.2.4.1.6. Skin sensitization. OECD Technical Guideline 406 and others recognized. This study shall be required in all cases, except when the product is known to be a known skin sensitizer.
8.3.2.4.1.7. Dermal absorption of the active ingredient. This study shall be submitted when exposure through the skin constitutes a significant route of exposure, and it may be substituted by studies conducted with the technical grade active ingredient in a formulated pesticide. OECD Guidelines 427 in vivo or 428 in vitro and others recognized.
8.3.2.4.2. Study on absorption, distribution, excretion, and metabolism in mammals. OECD Technical Guideline 417 and others recognized.
8.3.2.4.2.1. This study must be preferably conducted in rats 8.3.2.4.2.2. provide information on the rates and extent of absorption and distribution in different tissues 8.3.2.4.2.3. provide information on the rate and extent of excretion, including relevant metabolites 8.3.2.4.2.4. identify metabolites and the metabolic pathway In particular cases, the AC may require additional studies in other species, such as hen or goat.
8.3.2.4.3. Subchronic toxicological studies 8.3.2.4.3.1. A 90-day study in rats according to OECD Guideline 408 and others recognized must be provided; and a study in dogs according to OECD Guideline 409 and others recognized when technically justified.
NOTE: In particular cases, the AC may require, with prior justification and by means of a reasoned resolution:
8.3.2.4.3.1.1. 28-day oral study according to OECD Guideline 407 and others recognized.
8.3.2.4.3.1.2. 28-day dermal study. OECD Guideline 410 and others recognized.
8.3.2.4.3.1.3. 90-day dermal study. OECD Guideline 411 and others recognized.
8.3.2.4.3.1.4. 28-day inhalation study. OECD Guideline 412 and others recognized.
8.3.2.4.3.1.5. 90-day inhalation study. OECD Guideline 413 and others recognized.
8.3.2.4.4. Genotoxicity studies (mutagenicity) In all cases, the following studies must be submitted:
8.3.2.4.4.1. In vitro studies:
8.3.2.4.4.1.1. Reverse mutation assay in Salmonella typhimurium and Escherichia coli. OECD Guideline 471 and others recognized.
8.3.2.4.4.1.2. Gene mutation assay in mammalian cells. OECD Guideline 476 and others recognized.
8.3.2.4.4.2. In vivo studies:
8.3.2.4.4.2.1. Micronucleus assay. OECD Guideline 474 and others recognized.
NOTE: If any of the above assays is positive, an Unscheduled DNA Synthesis assay must be conducted using any of OECD Guidelines 482 or 486 and others recognized, or a Mouse spot test according to OECD Guideline 484 and others recognized.
In particular justified cases, the AC may require additional mutagenicity studies.
8.3.2.4.5. Chronic toxicological studies.
8.3.2.4.5.1. Long-term toxicity and carcinogenicity studies For all technical grade active ingredients, long-term toxicity and carcinogenesis must be determined, according to the following studies, using the rat or the dog as the test species.
8.3.2.4.5.1.1. Chronic oral toxicity study in dogs of at least twelve months' duration according to OECD Guideline 452 and others recognized.
8.3.2.4.5.1.2. Combined chronic toxicity/carcinogenicity oral study of 24 months in rats according to OECD Guideline 453 and others recognized.
8.3.2.4.5.1.3. Oral carcinogenicity study of 24 months in rats according to OECD Guideline 451 and others recognized.
NOTE: If a combined chronic toxicity/carcinogenicity study according to OECD Guideline 453 and others recognized is submitted, it is not necessary to submit the carcinogenicity study according to OECD Guideline 451 and others recognized indicated in subsection 8.3.2.4.5.1.3.
The AC, in particular justified cases, may request a carcinogenesis study using the mouse as the test species.
8.3.2.4.6. Reproduction studies.
8.3.2.4.6.1. Submit a reproductive toxicity study, using the rat as the test animal and conducted in at least two generations, according to OECD Guideline 416 and others recognized.
NOTE: The AC, in particular and substantiated cases, may request complementary studies on: dominant lethal assay for male fertility; studies on cross-matings of dosed males with undosed females and vice versa; effects on spermatogenesis; effects on oogenesis; studies on sperm motility and morphology; study on hormonal activity.
8.3.2.4.7. Teratogenicity studies.
8.3.2.4.7.1. Submit a study on teratogenicity according to OECD Guideline 414 and others recognized.
8.3.2.4.8. Neurotoxicity studies in compounds that have effects on the nervous system.
8.3.2.4.8.1. If the Technical Grade Active Ingredient is an organophosphate, an acute neurotoxicity study must be submitted according to OECD Guideline 418 and others recognized and a subchronic delayed neurotoxicity study of ninety (90) days according to OECD Guideline 419 and others recognized.
8.3.2.4.8.2. For Technical Grade Active Ingredients suspected of affecting or that affect the nervous system, other than organophosphates, a neurotoxicity evaluation battery must be submitted according to OCSPP Guideline 870.6200 and others recognized or a neurotoxicity study in rodents according to OECD Guideline 424 and others recognized.
NOTE: in the case of toxicological studies conducted with guidelines different from those mentioned in this regulation, the studies must include:
8.3.2.4.8.2.1. Materials and methods: name of animals used, age, weight, number of individuals, housing conditions, dose, administration, and dosing times, study start and end.
8.3.2.4.8.2.2. Results: must include information on the response observed per dose, such as signs of toxicity, mortality, nature, severity, and duration of effects, changes in body weight and food consumption. Toxicological findings at necropsy and histopathological findings (if available).
8.3.2.4.9. Medical data 8.3.2.4.9.1. Diagnosis of poisoning. Detailed description of the clinical signs and symptoms of poisoning, by oral, dermal, and inhalation exposure, and include in detail, if available, the clinical diagnostic tests. If symptoms of poisoning in humans are not known for an active ingredient, the symptoms of poisoning observed in animals in acute and subchronic toxicological tests must be indicated.
8.3.2.4.9.2. Proposed treatment, first aid measures, antidotes, and medical treatment.
The therapeutic treatments to be followed shall be detailed, as well as the use of antidotes if any exist. The contraindications associated with certain treatments must be described, especially those related to general medical problems and chronic diseases.
8.3.2.4.9.3. Other information: Information on clinical, accidental, and deliberate cases when such information is available.
8.3.2.5. Ecotoxicological studies, environmental fate and behavior.
8.3.2.5.1. Ecotoxicological studies of the technical grade active ingredient.
8.3.2.5.1.1. Effect on terrestrial organisms:
8.3.2.5.1.1.1. Acute oral toxicity in birds. OCSPP Guideline 850.2100 and others recognized.
8.3.2.5.1.1.2. Effects on reproduction in birds. OECD Guideline 206 and others recognized or OCSPP 850.2300 and others recognized.
8.3.2.5.1.1.3. Acute toxicity to bees (oral route OECD Guideline 213 and others recognized, contact route OECD Guideline 214 and others recognized or OCSPP 850.3020.
8.3.2.5.1.1.4. Reproduction study for earthworms. OECD Guideline 222 and others recognized.
8.3.2.5.1.1.5. Effects on soil microorganisms Guidelines: OECD 216 and others recognized and 217 and others recognized or OCSPP 850.5100.
8.3.2.5.1.2. Effects on aquatic organisms:
8.3.2.5.1.2.1. Acute toxicity in fish. OECD Guideline 203 and others recognized or OCSPP Guideline 850.1075 8.3.2.5.1.2.2. Prolonged toxicity to fish (preferably the same species presented in the acute toxicity study). Must submit:
8.3.2.5.1.2.2.1. Toxicity in the early life stages of fish (OCSPP Guideline 850.1400 or OECD Guideline 210) and others recognized.
8.3.2.5.1.2.2.2. A fish life cycle study (OCSPP Guideline 850.1500 and others recognized) must be submitted when the bioaccumulation factor is greater than 1000, or when the substance is persistent in water or sediment (DT50 > 60 days), or when the study indicated in subsection 8.3.2.5.1.2.1 yields EC50 values (concentration at which an effect occurs in 50% of the observed organisms) lower than 0.1 mg/L).
8.3.2.5.1.2.3. Bioaccumulation in fish (preferably tests with species from warm-water habitats) Guidelines: OECD 305 or OCSPP 850.1730 and others recognized.
Applicability: this study shall be required if any of the following criteria are met:
8.3.2.5.1.2.3.1. When the N-octanol/water coefficient (Log POW) is greater than or equal to 3.
8.3.2.5.1.2.3.2. The product is persistent in water (DT50 > 60 days).
8.3.2.5.1.2.4. Acute toxicity in Daphnia magna. Guidelines: OECD 202 or OCSPP 850.1010 and others recognized.
8.3.2.5.1.2.5. Chronic toxicity in Daphnia magna. Guidelines: OECD 211 or OCSPP 850.1300 and others recognized.
8.3.2.5.1.2.6. Effect on the growth of algae or aquatic plants. Guidelines: OECD 201 or OCSPP 850.5400 and others recognized.
8.3.2.5.2. Studies on environmental fate 8.3.2.5.2.1. Aerobic degradation in soil. Guidelines: OECD 307 or OCSPP 835.4100 and others recognized.
The study must be submitted on three soil types (preferably the soils used for the degradation studies should be selected in such a way that they constitute a representative sample of the range of soils typical of Costa Rica) and include the following:
8.3.2.5.2.1.1. The degradation rates and pathways, 8.3.2.5.2.1.2. The half-life values, 8.3.2.5.2.1.3. The identification and half-life of metabolites or degradation products.
8.3.2.5.2.2. Adsorption and desorption of the active ingredient and its metabolites and degradation products. Guidelines: OECD 106 or OCSPP 835.1230 and others recognized.
8.3.2.5.2.3. Leaching in soil. Guidelines: OECD 312 or OCSPP 835.1240 and others recognized. This study shall be required when, from the data obtained from the study indicated in point 8.3.2.5.2.2, a Koc value < 15 ml/g is determined.
8.3.2.5.2.4. Aerobic degradation in water. Guidelines: OECD 308, or OCSPP 835.4400 or OCSPP 835 4300) and others recognized.
Submit the study which includes the following:
8.3.2.5.2.4.1. The degradation rates and pathways, 8.3.2.5.2.4.2. The half-life values of the IAGT in water, sediments, and the complete system, 8.3.2.5.2.4.3. The identification and half-life of metabolites or degradation products 8.3.2.5.2.4.4. Degradation data in sediments 8.3.2.5.2.5. Hydrolysis. Guidelines: OECD 111, or OCSPP 835.2120 or 835.2130 and others recognized.
8.3.2.5.2.6. Aqueous photolysis. Guidelines: OCSPP 835.2210 or 835.2240 or OECD 316 and others recognized.
Submit the study which includes the following:
8.3.2.5.2.6.1. The degradation rates and pathways, 8.3.2.5.2.6.2. The half-life values.
8.3.2.6. Degradation pathway of the active substance in plants:
8.3.2.6.1. Identification of degradation products and reaction products of metabolites. These results shall be obtained from laboratory studies conducted with representative plants.
8.3.2.6.2. Other studies on harmful effects to the environment.
8.3.2.7. Information regarding safety (environmental and occupational) 8.3.2.7.1. Information on personal protective equipment (transport, storage).
8.3.2.7.2. Information on storage conditions (temperature, infrastructure, others).
8.3.2.7.3. Recommended procedures and precautions during handling, storage, transport.
8.3.2.7.4. Procedures and precautions to follow in case of fire.
8.3.2.7.5. Identity of the by-products generated and the control actions in case of fire.
8.3.2.7.6. Spill control procedures for the product (transport, storage).
8.3.2.7.7. Procedures for the final disposal of the waste derived from spill control.
8.3.2.7.8. Procedures for the final disposal of the unused product (expired, degraded, leftovers or others).
8.3.2.7.9. Procedures for decontamination of empty containers and their final disposal.
8.3.2.8. Analytical methods 8.3.2.8.1. Analytical Methods: The registrant must provide the appropriate analytical method(s) for determining the purity of the technical grade active substance. Such methods must be validated, clearly describing how they were performed and the results obtained.
8.3.2.8.2. Analytical methods for the determination of the active substance in air. These will be required for volatile products.
8.3.2.8.3. Analytical methods to determine residues of the active substance in crops or harvests where the product is applied, soil, and water. The recovery rate and the limits of methodological sensitivity shall be included.
8.3.2.8.4. Analytical methods for the determination of degradation products, relevant 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 provided may be developed by the manufacturer or referenced from CIPAC, AOAC, or other recognized institutions. Such methods must have their validation, in which case the validation performed by the manufacturer will be accepted, attaching a results report with supporting evidence.
8.3.3. CONFIDENTIAL INFORMATION FILE:
The confidential information must be submitted in duplicate in an envelope, the pages of which, original and copy, will be stamped by the receiving official, with the copy returned to the applicant, or in digital format with the corresponding security devices as determined by the AC. In the case of submitting the information in physical form, 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, there is certainty that confidentiality has not been breached. In the event that the previous procedure and formalities are not followed, the AC will not receive the information. Within the envelope and digital file, the registrant must submit the following information:
8.3.3.1. Declaration of the qualitative and quantitative composition of the technical grade active substance, in original or copy, issued and signed by the manufacturer, which shall contain:
8.3.3.1.1. Minimum concentration of the technical grade active substance 8.3.3.1.2. Maximum concentration of each impurity greater than or equal to one gram per kilogram (1 g/kg).
8.3.3.1.3. Maximum concentration of relevant impurities based on their limit of detection.
8.3.3.1.4. Maximum concentration of other additives present, expressed in g/kg, when appropriate and applicable to the specific case.
The identity of the active substance, impurities, and additives (when appropriate and applicable to the specific case) must be indicated according to its chemical name under IUPAC and the CAS number when available.
The values declared in numeral 8.3.3.1 must correspond to the analysis of representative samples from at least FIVE (5) typical batches. The statistical bases used to establish the manufacturing limits must be explained. Typically, the unidentified and unaccounted-for fraction of the technical grade active substance TC/TK must not exceed twenty grams per kilogram. In the event that the limits of the certificate do not match the information from the 5 batches, the respective justification of how these limits were obtained must be provided.
The corresponding analyses and chromatograms for each sampled batch must be attached, along with the supporting evidence, including the analytical methods which allow the final results corresponding to the average of five batches for the values of the active substance, as well as for all impurities, to be corroborated and reproduced during the review.
8.3.3.2. Analysis of the identity of the active substance: this shall be constituted by a set of analytical determinations that allow establishing the composition and constitution of the active substance in an unmistakable manner. For this purpose, two spectra of the active substance must be submitted, from among the following: IR, NMR, Mass, and UV-VIS, being required to submit at least one among NMR or Mass. In case of doubt, the AC, by reasoned resolution, may request an additional test.
8.3.3.3. Identity of impurities or eventually groups of related impurities must be identified through chemical and spectroscopic analyses that allow concluding unmistakably and unequivocally the identity of each impurity or group of related impurities.
8.3.3.4. Justification for the presence of impurities: the applicant must provide the necessary explanations regarding the presence of impurities in the product. The justification must be based on chemical principles.
If the AC suspects that a relevant impurity may be present, it will request the technical justification as to why it has not been declared.
8.3.3.5. The analytical standards for impurities will be required by the AC when it is deemed necessary to implement the submitted analytical methods.
8.3.3.6. Analytical Methods: the applicant must provide the appropriate analytical method(s) for determining impurities greater than or equal to one gram per kilogram (1 g/kg), and those relevant impurities based on their limit of detection. Such methods must provide, as appropriate: specificity, linearity, accuracy, precision, recovery, and limit of detection, clearly describing how they were performed and the results obtained.
8.3.3.7. Summary of the manufacturing pathway. For each process resulting in a technical grade active substance, the following information must be provided:
General characterization of the process, indicating whether it is by batch/lots or is a continuous process; a manufacturing flow diagram; identification of the materials used to produce the product; and a general description of the conditions controlled during the process, as applicable: temperature, pressure, pH, and humidity.
8.3.3.8. Certificates of analysis for the analytical standards prepared under ISO protocols or other internationally recognized ones, when required by the AC.
8.4. REGISTRATION MODALITY FOR TECHNICAL GRADE ACTIVE SUBSTANCE BY INCORPORATION:
8.4.1. GENERAL RULES:
Notwithstanding the previously established provisions, the AC recognizes through this regulation that, as a result of the previously conducted analysis of the regulations for the registration of IAGT and for the comprehensive evaluation of technical and scientific data, the United States and the European Union, as well as the OECD member countries, are reference countries and community regions for the purposes of applying the registration of IAGT by incorporation established herein.
8.4.1.1. Under this registration modality, new technical grade active substances that have test data protection may be registered because they are IAGT that are not registered as such or as components of a formulation registered in the country, as well as those IAGT of formulations registered in the country but that do not have an IAGT Registration.
8.4.1.2. Determination of reference countries or community regions: ex officio or at the request of the interested party, the AC shall conduct an analysis of the regulations applied for the registration of IAGT in the countries or community regions. To opt for the incorporation of a reference country or community region, the interested party shall submit to the AC an analysis of the regulations and the supporting documents as indicated in the section "REQUIREMENTS FOR THE REGISTRATION OF TECHNICAL GRADE ACTIVE SUBSTANCE BY INCORPORATION" that are applied for the registration of IAGT in the countries or community regions that it aspires to have considered as "reference" for the purposes of applying the registration modality for IAGT by incorporation. The AC shall evaluate the analysis and issue a resolution indicating whether or not the country or community region is recognized as "reference". The acceptance of the reference country or community region shall be granted when the AC determines that the AC of said reference country or community region applies regulations that allow for a comprehensive evaluation of the technical and scientific data and provide a level of protection similar to or higher than that guaranteed by the application of the national regulations.
8.4.1.3. In the registrations of technical grade active substances that are registered under this modality, test data protection will only be granted when the active substance contained in the IAGT to be incorporated has not been previously registered in Costa Rica as part of a technical grade active substance or as part of a synthetic formulated pesticide.
8.4.1.4. Through this registration modality, the MAG, the MINAE, and the MINSA will accept the evaluation of the technical and scientific data from the United States of America and the European Union, as well as the OECD member countries. These ministries will only verify, according to their competencies, that the dossier contains the corresponding studies, information, or technical justifications, in strict compliance with the stipulations in numeral 8.4.2.
8.4.1.5. The AC is empowered to use the incorporated registration as a reference profile in registration processes under the equivalence modality, even if the registration is subsequently canceled at the request of the holder or the validity period expires without having been renewed.
8.4.1.6. In the event that the IAGT is intended to be used directly in the field, the information must be reviewed and endorsed by the three Ministries.
8.4.1.7. The use of an IAGT that has been registered through the registration by incorporation modality as support for the registration of a synthetic formulated pesticide does not exempt the registrant from compliance with the requirements and procedure established in this regulation for the registration modality of the formulated product.
8.4.2. REQUIREMENTS FOR THE REGISTRATION OF TECHNICAL GRADE ACTIVE SUBSTANCE BY INCORPORATION.
8.4.2.1. Application for incorporation, signed by the legal representative of the company applying for registration in Costa Rica.
8.4.2.2. Certificate or proof of current registration of the technical grade active substance intended for incorporation, issued by the competent authority of the reference country. If a registration certificate is not issued by the regulatory authority in the reference country, an official document demonstrating the current registration of the technical grade active substance to be incorporated shall be accepted, upon verification by the AC.
8.4.2.3. Sworn declaration before a notary public by the legal representative of the applicant company, stating that the technical grade active substance for which incorporation is requested will be used solely and exclusively for agricultural use.
8.4.2.4. Letter from the holder of the registration for which incorporation is requested, expressly authorizing the AC and the registrant company to carry out the incorporation in the name of the applicant company, as well as authorizing the AC to use the incorporated registration as a reference profile in registration processes under the equivalence modality.
In the event that the sworn declaration and the authorizations indicated in this sub-paragraph are granted abroad, they must comply with the procedure for consularization of documents or apostille.
8.4.2.5. Provide the information, documents, studies, and certifications contemplated in numeral 8.3, registration modality for technical grade active substance of this regulation, or their due justification when any of the requirements does not apply.
8.4.2.6. Sworn declaration before a notary public by the legal representative of the applicant company for the registration by incorporation modality, in which they declare that the information provided corresponds to that found in the registration dossier of the country that granted the registration intended to be incorporated.
8.5. REGISTRATION MODALITY FOR TECHNICAL GRADE ACTIVE SUBSTANCE BY EQUIVALENCE.
8.5.1. GENERAL RULES:
The registration modality for technical grade active substance by equivalence may be opted for, provided that the AC 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 will only proceed in the following cases: 1) the registrant is the holder of the registration of the technical grade active substance that has test data protection; or 2) the registrant has obtained the authorization of the holder of the registration of the technical grade active substance for the use of such data by the AC.
The registration of Technical Grade Active Substances by Equivalence shall be granted to any technical grade active substance that demonstrates the similarity of the impurity profiles, and if necessary, the acute toxicological and ecotoxicological profiles presented for supposedly equivalent technical materials, to establish whether they present similar levels of risk. The determination of equivalence involves a comparative evaluation of impurity profiles of the technical grade active substances (TC/TK). If equivalence is not determined in the chemical evaluation, the acute toxicological and ecotoxicological profiles are compared.
For each application for registration by equivalence, the AC must verify the chemical entity contained in the technical grade active substance subject to the application, in order to determine if there is a previously registered technical grade active substance containing said entity and that has current test data protection.
8.5.2. REQUIREMENTS FOR THIS REGISTRATION MODALITY ARE AS FOLLOWS:
8.5.2.1. ADMINISTRATIVE FILE OF THE DOSSIER:
8.5.2.1.1. Registration Application.
8.5.2.1.2. Analytical certificate of composition of the active substance indicating the chemical name according to IUPAC and the CAS number (or those proposed by the manufacturer, in case they are not available), minimum concentration, and density, issued by the manufacturer.
8.5.2.1.3. Proof of payment of the current fee.
8.5.2.1.4. Analytical standard.
8.5.2.1.5. Safety data sheet for the technical grade active substance must contain the internationally standardized requirements using as a model the guidelines of the Globally Harmonized System (GHS) that the AC will publish on the SFE website. For this registration modality, data may be referenced unless it involves test data with a current protection period.
8.5.2.1.6. Label: The provisions of the Central American Technical Regulation No. RTCA 65.05.67.13: Agricultural Inputs. Technical Grade Active Substance, Chemical Formulated Pesticides, Related Substances, Adjuvants, and Physical Vehicles for Agricultural Use. Requirements for the Preparation of Labels and Leaflets. Resolution No. 365-2015 (COMIECO LXXII) shall apply.
8.5.2.2. TECHNICAL INFORMATION FILE OF THE DOSSIER:
8.5.2.2.1. Identity of the technical grade active substance:
8.5.2.2.1.1. Applicant.
8.5.2.2.1.2. Manufacturer.
8.5.2.2.1.3. 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 applies.
8.5.2.2.1.4. CAS number (for each isomer or mixture if applicable).
8.5.2.2.1.5. CIPAC number.
8.5.2.2.1.6. Synonyms: if any.
8.5.2.2.1.7. Chemical Name: accepted or proposed by IUPAC.
8.5.2.2.1.8. Molecular formula and molecular mass.
8.5.2.2.1.9. Structural formula (must include the stereochemistry of active isomers if applicable or known.)
8.5.2.2.1.10. Chemical Group.
8.5.2.3. CONFIDENTIAL INFORMATION FILE:
The confidential information must be submitted in duplicate in an envelope, the pages of which, original and copy, will be stamped by the receiving official, with the copy returned to the applicant, or in digital format with the corresponding security devices as determined by the AC. In the case of submitting the information in physical form, 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, there is certainty that confidentiality has not been breached. In the event that the previous procedure and formalities are not followed, the AC will not receive the information. Within the envelope, the registrant must submit the following information:
8.5.2.3.1. Declaration of the qualitative and quantitative composition of the technical grade active substance, in original or copy, issued and signed by the manufacturer, which shall contain:
8.5.2.3.1.1. Minimum concentration of the technical grade active substance 8.5.2.3.1.2. Maximum concentration of each impurity greater than or equal to one gram per kilogram (1 g/kg).
8.5.2.3.1.3. Maximum concentration of relevant impurities based on their limit of detection.
The identity of the active substance, impurities, and additives (when appropriate and applicable to the specific case) must be indicated according to its chemical name under IUPAC and the CAS number when available.
The values declared in literal a) must correspond to the analysis of representative samples from at least FIVE (5) typical batches. The statistical bases used to establish the manufacturing limits must be explained. Typically, the unidentified and unaccounted-for fraction of the technical grade active substance TC/TK must not exceed twenty grams per kilogram. In the event that the limits of the certificate do not match the information from the 5 batches, the respective justification of how these limits were obtained must be provided.
The corresponding analyses and chromatograms for each sampled batch must be attached.
8.5.2.3.2. Analysis of the identity of the active substance: this shall be constituted by a set of analytical determinations that allow establishing the composition and constitution of the active substance in an unmistakable manner. For this purpose, two spectra of the active substance must be submitted, from among the following: IR, NMR, Mass, and UV-VIS, being required to submit at least one among NMR and Mass. In case of doubt, the AC, by reasoned resolution, may request an additional test.
8.5.2.3.3. Identity of impurities or eventually groups of related impurities must be identified through chemical and spectroscopic analyses that allow concluding unmistakably and unequivocally the identity of each impurity or group of related impurities.
Justification for the presence of impurities: the applicant must provide the necessary explanations regarding the presence of impurities in the product. The justification must be based on chemical principles.
If the AC suspects that a relevant impurity may be present, it will request the technical justification as to why it has not been declared.
8.5.2.3.4. The analytical standards for impurities will be required by the AC when it is deemed necessary to implement the submitted analytical methods.
8.5.2.3.5. Analytical Methods: the applicant must provide the appropriate analytical method(s) for determining impurities greater than or equal to one gram per kilogram (1 g/kg), and those relevant impurities based on their limit of detection. Such methods must provide, as appropriate: specificity, linearity, accuracy, precision, recovery, and limit of detection, clearly describing how they were performed and the results obtained.
8.5.2.3.6. Summary of the manufacturing pathway. For each process resulting in a technical grade active substance, the following information must be provided: General characterization of the process, indicating whether it is by batch/lots or is a continuous process; Manufacturing flow diagram; Identification of the materials used to produce the product; and General description of the conditions controlled during the process, as applicable: temperature, pressure, pH, and humidity.
8.5.2.3.7. Certificates of Analysis for the analytical standards prepared under ISO protocols or other internationally recognized ones, when required by the AC.
8.5.3. DETERMINATION OF THE EQUIVALENCE OF THE TECHNICAL GRADE ACTIVE SUBSTANCE:
The evaluation shall be carried out with the information from the confidential information file. For said evaluation, the AC shall select the reference source against which the comparison will be made, which must be a reference profile that contains the information from the confidential file and the technical information provided for the registration modality for technical grade active substance established in this regulation in numeral 8.3 or 8.4, selecting the one that possesses the best purity/impurity profile.
Technical grade active substances that do not have test data protection, patent protection, or a reference profile that allows them to be registered by equivalence may be registered by submitting the information from the administrative and confidential file provided for the registration modalities established in 8.3 and 8.4 of this regulation.
The information for the technical file may be provided by the registrant through referenced information that is verifiable by the AC, except for the data referring to the identity of the IAGT.
Formulated pesticides that are registered but do not have an IAGT registration, and for which the AC does not have a Reference profile, may register their corresponding IAGT by providing the information indicated in the previous paragraph.
8.5.3.1. Evaluation Process and Reports: For the evaluation of the equivalence of different sources vs. the reference source, the following criterion in Threshold I (see Annex B) must be considered.
The new source is considered equivalent to the reference source if:
8.5.3.1.1. The certified minimum purity of the active substance is not less than that of the reference source (taking into account the ratio of isomers, when appropriate), 8.5.3.1.2. No new impurities are present, 8.5.3.1.3. The limits for relevant impurities have not been increased, as certified by the reference source.
8.5.3.1.4. The certified limits for all non-relevant impurities, as certified in the reference source, must not be exceeded beyond the following levels:
| Certified limits for non-relevant impurities in the reference technical specifications | Maximum acceptable increase (1) (1) This quantitative criterion is based on the "Manual on the development and use of FAO and WHO specifications for pesticides" | | --- | --- | | < 6 g/kg | 3 g/kg | | > 6 g/kg | 50 % of the certified limit | 8.5.3.2. Decision-making: Based on the criterion mentioned above, the conclusions could be that:
8.5.3.2.1. The new source is equivalent to the reference source, therefore, no further information is required; or 8.5.3.2.2. The new source is not equivalent to the reference source due to non-compliance with the minimum purity or with the impurity profile of the reference profile according to the limits indicated in the Evaluation Process table.
8.5.3.2.3. 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 of the 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 not equivalent to the source of reference.
8.5.3.3. Reports: A report must be prepared in the format provided in Annex G and H (Threshold I, Part I and II).
8.5.4. EVALUATION OF THE EQUIVALENCE OF TECHNICAL GRADE ACTIVE SUBSTANCES IN ACUTE TOXICOLOGICAL AND ECOTOXICOLOGICAL PROFILES. (THRESHOLD II) 8.5.4.1. Toxicity: Required information and evaluation process.
8.5.4.1.1. Documentation requirements: This must be based on the information that is already available. Only when there is clear evidence that they may adversely impact the risk of the technical grade active substance should further animal tests be carried out. The opinion of experts is important when analyzing toxicological information. Therefore, the following guide must be used as a starting point for decision-making, with the possibility of deviating with duly justified technical and scientific criteria.
8.5.4.1.2. 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:
8.5.4.1.2.1. Any new impurity; or 8.5.4.1.2.2. Increased values in relevant impurities; or 8.5.4.1.2.3. Increased levels of non-relevant impurities that exceed acceptable limits.
An unacceptable increase in toxicity would generally occur if, as a consequence of the variation in impurity profiles, reference values such as the Acceptable Daily Intake (ADI), No Observed Adverse Effect Level (NOAEL), or Acute Reference Dose (ARfD) should be lowered, or if it resulted in a more severe toxicity classification.
8.5.4.1.3. If new impurities or increased levels of impurities are present, the applicant must submit studies demonstrating that the new source does not present an increase in risk. If there is evidence that a new impurity or an increased level of an impurity will NOT have a greater adverse effect on the toxicity of the new source compared to the source of reference, 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 greater adverse effects on the toxicity of the new source compared to the reference source, the new source is not equivalent to the reference source.
8.5.4.1.4. The specified upper limits for relevant impurities of toxicological importance in the reference source must not be exceeded. If an excess is proposed, the applicant must provide the studies demonstrating the risk condition that the change in composition may represent to support the increase in the upper concentration limit and the equivalence with the reference source.
8.5.4.1.5. Study of the toxicity of impurities: For the study of the toxicity of impurities, the flow chart in Annex B (Threshold II) must be used and the following criteria must be followed:
8.5.4.1.5.1. As a first step, toxicologists consider the studies provided by the applicant, any available information on the impurity (as a pure substance or present as an impurity - see Annex C), if the impurity has a structure of toxicological importance (see Annex D). Impurities of interest (because they are new or present at increased levels) may be initially divided into the following categories: a- Impurities without toxicological importance: compounds for which toxicity is known to be low (certain non-critical inerts, mineral salts, water, etc.). Generally, no further toxicological evaluation will be required, but a reasoned report must be submitted.
8.5.4.1.5.2. Impurities of known toxicological importance: (see examples in Annex D). If one of these impurities is present in the new source, but not in the reference source, corresponding studies must be provided demonstrating that there will be no significant increase in toxicity compared to the reference source. If the corresponding studies cannot be submitted, the new source will be considered not equivalent to the reference source.
If an impurity of toxicological importance has been identified as a relevant impurity in the reference source, it must be determined whether the levels in the new source are still acceptable.
New impurities of unknown toxicological importance: (> 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 does not increase due to a single impurity, but due to the sum of the new impurities, or to increased impurity levels, with respect to the reference material, the equivalence must also be rejected.
If sufficient information is not presented, more information must be generated as indicated in Anexo E of this regulation.
8.5.4.1.5.3. Determination of an acceptable upper concentration limit for a toxicologically significant impurity.
If a toxicologically significant impurity 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.
Initially, the following is examined:
8.5.4.1.5.3.1. Consider the case presented by the applicant:
8.5.4.1.5.3.2. 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 had no 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 expert judgment in the matter will be required.
If the answer is no, follow the provisions established in Anexos E and F of this regulation.
The limit for a relevant impurity may be set at a level less than 1 g/kg (< 0.1%) for an exceptionally harmful impurity: for example, dioxins.
8.5.4.1.6. Decision-making:
When making a decision, the following options are available:
8.5.4.1.6.1. The new source does not present a greater risk in relation to the reference source, and is therefore equivalent to the reference source.
8.5.4.1.6.2. The new source contains one or more toxicologically or ecotoxicologically significant impurities: therefore, more information is required to study equivalence (There would have to be strong grounds to require new toxicity studies).
8.5.4.1.6.3. 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 eye irritation, dermal sensitivity) does not differ by more than a factor of 2 compared to 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 may be considered equivalent.
When necessary, additional toxicological information from repeated-dose administration studies (sub-acute to chronic) and studies on reproduction, development, genotoxicity, carcinogenicity, etc., will be analyzed, provided that the affected organs are considered to be the same.
The "no observable effect levels" (NOELs) or the "no observable adverse effect levels" (NOAELs) should not differ by 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. The opinion of experts will be required to analyze whether the effects are truly toxicologically different. A critical NOAEL is one that may have implications for establishing reference doses (ADI, ARfD, or AOEL). Regardless of what is stated 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.
8.5.4.1.7. Reports: A report must be prepared in the format provided in Anexo H (Umbral II).
8.5.4.1.7.1. Ecotoxicity.
8.5.4.1.7.1.1. Information required and evaluation process: In analogy with the toxicity evaluation process, the objective is to identify if 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 presented, 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.
If there is evidence that a new impurity or the 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 impurities must be based on toxicity considerations.
The analysis must be based on any available ecotoxicological information, including studies previously conducted or at least validated SAR (structure-activity relationship) or QSAR (quantitative structure-activity relationship) information, to ensure that a minimum information package will be available in all cases.
8.5.4.1.7.1.2. Decision-making: When information is requested for the new source, the ecotoxicological profile will be considered equivalent to that of the reference profile when the ecotoxicological information provided [toxicity to aquatic and terrestrial organisms (example: fish, Daphnia, algae, birds, bees), as applicable to 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 greater than 5) when determined using the same species.
8.6. REGISTRATION MODALITY FOR FORMULATED CHEMICAL PESTICIDE.
8.6.1. General rules for the registration of formulated chemical pesticide: To grant the registration of any formulated chemical pesticide, the applicant must be registered in the registry of natural or legal persons that the AC maintains for such purposes. In addition, it is essential that the technical grade active ingredient(s) that compose it be registered before the AC, with the exception of active ingredients of mineral origin and inorganic salts, and to comply with any of the following conditions: That the registrant is the holder of the registration of the technical grade active ingredient(s) used to formulate the formulated chemical pesticide, or that the registrant has the authorization of the holder of the registration of the technical grade active ingredient(s) used to formulate the formulated chemical pesticide. The application for registration of a formulated chemical pesticide may be submitted simultaneously with the application for registration of the technical grade active ingredient. The registration of the formulated chemical pesticide will not be granted until the technical grade active ingredient is registered, with the exception of substances obtained from aerobic fermentation or another process from a living organism and those of mineral origin or inorganic salts.
The registration of a formulated chemical pesticide will not be granted when any protection period for the test data of the technical grade active ingredient(s) used to formulate the formulated chemical pesticide has not expired, unless the holder of the registration(s) of said technical grade active ingredient(s) has authorized the use of said registrations.
8.6.2. RULES FOR EFFICACY TRIALS:
8.6.2.1. For formulated chemical pesticides whose technical grade active ingredient, as such or as a component of a formulation, is registered in the country, a biological efficacy trial will be required according to the protocol established for a crop and pest, with the exceptions and provisions indicated for this purpose in this regulation.
8.6.2.2. The AC will recognize efficacy trials conducted under agroecological conditions similar to those required by the crop and the manifestation of the pest, upon prior assessment of the trials, protocols used, and their results.
8.6.2.3. When the registration holder has submitted to the AC biological efficacy tests for a specific commercial product, they may, for analysis, submit the validation request for said trials for other crops of the same botanical family and for the same pest(s), attaching the information and documents supporting the request. In the case of uses already approved by the AC for the same pest, it will not be necessary to conduct efficacy trials to add new crops, when due to the use pattern, the crop does not interfere with the efficacy, which will be assessed by the AC.
8.6.2.4. In the event that a technical grade active ingredient of a formulated pesticide, which has been registered under the equivalence registration modality or has been revalidated according to this regulation, the corresponding formulation will not require efficacy trials, provided that the AC verifies that the values of the physicochemical properties of use established in this regulation indicated for the formulated product intended for registration comply with the parameters established in the current technical legislation or that of other international reference organizations to those presented by the already registered material.
For formulations whose technical grade active ingredient has been registered under the equivalence determination modality, efficacy tests will be required when a new use, not previously approved in the country, is requested for formulations of the same type.
8.6.2.5. The AC may, ex officio or at the request of a party and upon prior assessment of each case, for formulations of the same type, with the same IAGT and equal concentration, homologate the label and leaflet with respect to other already registered formulations, in aspects related to authorized uses, pests, approved crops, doses, application methods, application ranges, and application intervals. When the homologation of the label and leaflet is requested, it will be necessary to provide a biological efficacy validation trial in one crop and on one pest authorized for the original formulation.
8.6.3. The requirements for the formulated chemical pesticide registration modality are the following:
8.6.3.1. ADMINISTRATIVE VOLUME OR FILE OF THE DOSSIER:
8.6.3.1.1. Registration Application.
8.6.3.1.2. In the event that the formulated product is being registered by a company different from the one that obtained the registration of the technical grade active ingredient(s), attach a letter of authorization from the registration holder.
8.6.3.1.3. Samples and analytical standards, once registered.
8.6.3.1.4. Safety data sheet for the formulated chemical pesticide. The information on the safety data sheet, where applicable, may be taken from the safety data sheet of the corresponding technical grade active ingredient(s), except for acute toxicological studies and physicochemical properties.
8.6.3.1.5. Proof of payment of the current fee.
8.6.3.1.6. Draft label. The final label must be presented once the registration has been approved, within a period of thirty business days.
8.6.3.2. TECHNICAL INFORMATION FILE OF THE DOSSIER.
8.6.3.2.1. Composition.
8.6.3.2.1.1. Content of the active ingredient(s), expressed in %, w/w or w/v.
8.6.3.2.1.2. Methods of analysis for the determination of the content of the active ingredient(s). These methods must be validated, clearly describing how they were performed and the results obtained. The requested parameters will be published on the SFE website.
8.6.3.2.2. Physical and chemical properties.
8.6.3.2.2.1. Appearance.
8.6.3.2.2.1.1. Formulation Type.
8.6.3.2.2.1.2. Color.
8.6.3.2.2.1.3. Odor.
8.6.3.2.2.2. Storage stability: For solids and liquids. CIPAC MT 46. For liquids only. CIPAC MT 39.
8.6.3.2.2.3. Relative density: For liquids and solids. CIPAC MT 8.6.3.2.2.4. Flammability:
8.6.3.2.2.4.1. For liquids: (Flash point). CIPAC MT 12.
8.6.3.2.2.4.2. For solids: It must be clarified whether the product is flammable or not.
8.6.3.2.2.5. 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.
8.6.3.2.2.6. Explosivity: (If the formulation contains any explosive component) EEC A. 14; FIFRA 63-16.
The guides and methodologies indicated here are a reference and recommendation to be used; however, others internationally recognized will be accepted by the AC.
8.6.3.2.3. Physical properties related to its use.
8.6.3.2.3.1. Wettability: For dispersible or wettable powders. CIPAC MT 53.3.
8.6.3.2.3.2. Foam persistence: For formulations applied with water. CIPAC MT 47.
8.6.3.2.3.3. Suspensibility: For water dispersible granules (WG). CIPAC MT 168. For wettable powders (WP). CIPAC MT 15.
For suspension concentrates (SC) CIPAC MT 161.
8.6.3.2.3.4. Wet sieve analysis: For wettable powders and suspension concentrates. CIPAC MT 59.3.
8.6.3.2.3.5. Dry sieve analysis: For granules and powders. CIPAC MT 59.1.
8.6.3.2.3.6. Emulsion stability: For emulsifiable concentrates. CIPAC 36.1 and MT22.
8.6.3.2.3.7. Corrosivity. FIFRA 63-20; EEC A17.
8.6.3.2.3.8. Incompatibility with other products: With another plant protection product or fertilizer.
8.6.3.2.3.9. Density: For solids and liquids. CIPAC MT 3.
8.6.3.2.3.10. Flash point: For oils and liquids. CIPAC MT 12.
8.6.3.2.3.11. Viscosity: For oils, suspensions, and emulsifiable concentrates. CIPAC MT22.
8.6.3.2.3.12. Sulfonation index: (Non-sulfonatable residue) For oils and emulsifiable oils intended for fruit trees or ornamentals). IRAM IAP A 67 -14.
8.6.3.2.3.13. Dispersion: For dispersible granules. CIPAC MT 174.
8.6.3.2.3.14. Gas release: For gas-generating granules.
8.6.3.2.3.15. Flowability or pourability: For dry powders. CIPAC MT 44.
8.6.3.2.3.16. Iodine number: Iodine number and Saponification number. Only for vegetable oils, not for mineral oils.
The guides and methodologies indicated here are a reference and recommendation to be used; however, others internationally recognized will be accepted by the AC.
8.6.3.2.4. Application data.
8.6.3.2.4.1. Scope of application (Field, Greenhouse, pests controlled, crops on which it is applied).
8.6.3.2.4.2. Effects on pests and on plants (provide scientific names of the pests to be controlled, as well as the crops on which it is intended to be applied) 8.6.3.2.4.3. Conditions under which the product may or may not be used.
8.6.3.2.4.4. Efficacy and Phytotoxicity, in accordance with the provisions of this regulation.
8.6.3.2.4.5. Number and interval of applications per year or per crop cycle and application timing according to the phenological stage of the crop.
8.6.3.2.4.6. Application methods. Timing and type of application, indicating if the product is directed to the soil, foliage, drip irrigation, or other. Method of preparing the mixture, indicating the required water quality and possible incompatibility with other products.
8.6.3.2.4.7. Instructions for use. Dose per area, volume according to the type and application equipment, indicating nozzles to be used.
8.6.3.2.4.8. Re-entry period to the treated area, proposed by the company.
8.6.3.2.4.9. Pre-harvest intervals, proposed by the company.
8.6.3.2.4.10. Effects on subsequent crops.
8.6.3.2.4.11. Maximum residue limits for the requested uses and available at the level of CODEX, EPA, EU, or others internationally recognized.
8.6.3.2.5. General considerations.
8.6.3.2.5.1. The label and leaflet will be governed by the provisions of RTCA 65.05.67:13 8.6.3.2.5.2. The current classification system according to the toxicological classification table for pesticides will be adopted.
8.6.3.2.6. Proposed containers and packaging.
8.6.3.2.6.1. Containers.
8.6.3.2.6.1.1. Type(s).
8.6.3.2.6.1.2. Material(s).
8.6.3.2.6.1.3. Capacity(ies).
8.6.3.2.6.1.4. Resistance.
8.6.3.2.6.1.5. Closure System.
8.6.3.2.6.2. Packaging.
8.6.3.2.6.2.1. Type.
8.6.3.2.6.2.2. Material.
8.6.3.2.6.2.3. Resistance.
8.6.3.2.6.3. Action of the product on the container material.
8.6.3.2.6.4. Procedures for decontamination and final disposal of containers.
8.6.3.2.7. Product handling data.
8.6.3.2.7.1. Methods for destruction, disposal, or rendering the product unusable.
8.6.3.2.7.2. Identity of combustion products originated in case of fire.
8.6.3.2.7.3. Cleaning and decontamination procedures for application equipment.
8.6.3.2.8. Toxicological data.
8.6.3.2.8.1. Acute toxicity for mammals:
8.6.3.2.8.1.1. Acute oral median lethal dose (LD50), expressed in mg/kg body weight. Technical Guide number 423 OECD.
This study will be required in all cases except if the product is a gas or is highly volatile.
8.6.3.2.8.2. Acute dermal lethal dose (LD50) expressed in mg/kg body weight. Technical Guide number 402 OECD. This study will be required unless:
8.6.3.2.8.2.1. The product is a gas or is highly volatile.
8.6.3.2.8.2.2. The product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
8.6.3.2.8.3. Acute inhalation median lethal concentration (LC50), expressed in mg/dm3 or mg/m3. This will be requested when the product is a gas or liquefied gas, is a preparation that generates smoke or a fumigant, is used with fogging equipment, is a preparation that releases vapor, 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, is to be applied in such a way that it generates particles or droplets of diameter less than 50 micrometers. Technical Guide number 403 OECD.
8.6.3.2.8.4. Eye and skin irritation study 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. Technical Guide number 404 skin irritation and 405 eye irritation OECD.
8.6.3.2.8.4.1. Skin irritation. This study will be required unless:
8.6.3.2.8.4.1.1. The product is a gas or is highly volatile.
8.6.3.2.8.4.1.2. The product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
8.6.3.2.8.4.2. 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.
8.6.3.2.8.5. Skin sensitization. Technical Guide number 406 OECD. 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 for mammals) must be generated through experimental studies.
8.6.3.2.8.6. Mandatory Medical Information.
8.6.3.2.8.6.1. Diagnosis and symptoms of poisoning.
8.6.3.2.8.6.2. Proposed treatments.
8.6.3.2.8.6.3. First aid.
8.6.3.2.8.6.4. Antidotes.
8.6.3.2.8.6.5. Medical treatment.
8.6.3.2.8.7. Complementary Medical Information (When available).
8.6.3.2.8.7.1. Observation on the exposure of the general population and epidemiological studies.
8.6.3.2.8.7.2. Direct observation of Clinical, Accidental, and deliberate Cases.
The guides and methodologies indicated here are a reference and recommendation to be used; however, others internationally recognized will be accepted by the AC.
8.6.3.3. CONFIDENTIAL INFORMATION FILE OF THE DOSSIER:
The confidential information must be submitted in duplicate in an envelope, whose folios, original and copy, will be stamped by the receiving officer, or in digital format with the corresponding security devices that the AC determines. In case of presenting the information in physical form, the copy is 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 officer responsible for the confidential information, they have the certainty that confidentiality has not been violated. If the previous procedure and formalities are not followed, the unit that administers the SFE registry will not receive the information. Inside the envelope, the registrant must present the following information:
8.6.3.3.1. Identity and formulation process:
8.6.3.3.3.1. Declaration of the qualitative-quantitative composition of the formulated chemical pesticide signed by the professional of the registering company responsible for the process, and must contain: Nominal content and nature of each of the other components included in the formulation, expressed as a percentage, w/w or w/v. If codes are used to identify the components, the nature must be described and the safety data sheet of the component provided.
The identity of the components must be indicated according to their chemical name according to IUPAC and the CAS number when available.
The entire declaration must be supported by analytical data of the batch (minimum five typical batches of no more than 5 years of formulation at the time the application is submitted, if available, or pilot batches; otherwise, the registrant must justify it). The results of the corresponding analyses of the active ingredient of each analyzed batch of the formulated chemical pesticide must be attached.
Likewise, the chromatograms of the active ingredient corresponding to each batch must be attached, the identification of the same with the date of analysis and formulation, and the results obtained from each, with the areas of each peak of the chromatogram to be able to reproduce the calculations that allow confirming the reported values of the active ingredient.
8.6.3.3.1.2. Description of the formulation process: The company must present information on the formulation processes of the formulated chemical pesticide subject to registration. For each process, the following information must be provided:
8.6.3.3.1.2.1. Name(s) and address(es) of the formulator(s) involved in the process.
8.6.3.3.1.2.2. General characterization of the process.
8.6.3.3.1.2.3. Indicate the ingredients used to formulate the product.
8.6.3.3.1.2.4. Description of the equipment used.
8.6.3.3.1.2.5. Description of the conditions controlled during the process.
8.6.3.4. In the case of formulated chemical pesticides whose active ingredient(s) are of mineral origin or inorganic salts, it will not be required to register the technical grade active ingredient with which they are formulated. The requirements requested in numeral 8.6.4 must be presented for those that technically apply, and additionally, the presentation of the following information for the raw material with which the finished product is formulated:
8.6.3.4.1. Declaration of the quantitative-qualitative composition of the raw material, in original or copy, issued and signed by the manufacturer, which will contain:
8.6.3.4.1.1. Minimum concentration of the active ingredient expressed as a percentage w/w or percentage w/v according to the physical state of the product.
8.6.3.4.1.2. Maximum concentration of relevant impurities from their detection limit.
The identity of the raw material and relevant impurities must be indicated according to their chemical name according to IUPAC and the CAS number when available.
The values declared in literal a) must correspond to the analysis of representative samples, when available; otherwise, the registrant must justify it.
The analyses or results corresponding to each sample must be attached.
8.6.3.4.2. The requirements requested in numeral 8.6.4 with respect to toxicological requirements must be presented.
8.6.3.4.3. For the ecotoxicological requirements of products of mineral origin or inorganic salts, the following information must be provided:
8.6.3.4.3.1. Acute oral toxicity in birds. OCSPP 850.2100 Guide.
8.6.3.4.3.2. Acute toxicity to bees (oral route OECD 213 Guide and contact route OECD 214 Guide or OCSPP 850.3020) 8.6.3.4.3.3. Toxicity for earthworms. Guides: OECD 207 or OCSPP 850.6200.
8.6.3.4.3.4. Effects on soil microorganisms. Guides: OECD 216 and 217 or OCSPP 850.5100.
8.6.3.4.3.5. Acute toxicity in fish. OECD 203 Guide or OCSPP 850.1075 Guide.
8.6.3.4.3.6. Bioconcentration in fish. Guides: OECD 305 or OCSPP 850.1730 8.6.3.4.3.7. Acute toxicity in Daphnia magna. Guides: OECD 202 or OCSPP 850.1010.
8.6.3.4.3.8. Effect on the growth of algae or aquatic plants. Guides: OECD 201 or OCSPP 850.5400.
8.7. REGISTRATION OF ADJUVANTS AND RELATED SUBSTANCES:
8.7.1. REQUIREMENTS FOR THE REGISTRATION OF ADJUVANTS AND RELATED SUBSTANCES: For the registration of adjuvants and related substances (coadyuvantes y sustancias afines), the following requirements must be met:
8.7.1.1. Registration application.
8.7.1.2. Proof of payment of the current fee.
8.7.1.3. Certificate of composition of the related substance or adjuvant, issued by the manufacturer or formulator, as applicable, and signed by the responsible professional. The identity or nature must be indicated according to its chemical name according to IUPAC and its CAS number when available. (This information may be submitted confidentially if the registering company so considers).
8.7.1.4. Safety data sheet 8.7.1.5. Label and leaflet: Every registration application must be accompanied by the draft label and leaflet (the latter when applicable) that the product will display.
8.7.1.6. Agronomic Use, according to the type of product. Only those applicable to the registration application will be indicated.
8.7.1.6.1. Scope of Application (field conditions and under controlled conditions).
8.7.1.6.2. Crops (common and scientific name).
8.7.1.6.3. Recommended doses.
8.7.1.6.4. Application method.
8.7.1.6.5. Incompatibility of use with other products.
8.7.1.6.6. Phytotoxicity of the product or physiological effect on the plant.
8.7.1.6.7. Information on the type of equipment to be used in product application.
8.7.1.6.8. Information on the preparation of the mixture: Indicate the mixing order, the adequate pH of the water or mixture to be used, the latter according to the type of product or the effect desired from the product on the plant, and the method of product application.
8.7.1.6.9. Mode and mechanism of action.
8.7.1.6.10. In the event that the product is applied without mixing with a pesticide in the field, the following must be provided: Timing, interval, and maximum number of applications per crop cycle.
8.7.1.7. Containers:
8.7.1.7.1. Type.
8.7.1.7.2. Material 8.7.1.7.3. Capacity.
8.7.1.7.4. Information on the closure system: security seal, container airtightness, or other.
8.7.1.7.5. Procedures for decontamination and final disposal of empty containers.
8.7.1.8. Chemical methods of analysis: To identify, characterize, and quantify the main component(s) of the related substance or adjuvant.
8.7.1.9. Toxicological Classification: In accordance with the current WHO toxicological classification table.
8.7.1.10. Acute Toxicity Studies for mammals:
8.7.1.10.1. Acute oral median lethal dose (LD50), expressed in mg/kg body weight. OECD 423 Technical Guide. This guide is recommended to establish acute toxicological classification more clearly, 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.
8.7.1.10.2. Acute dermal lethal dose (LD50) expressed in mg/kg body weight. Technical Guide number 402 OECD.
This study will be required in all cases, except when:
8.7.1.10.2.1. The product is a gas or is highly volatile.
8.7.1.10.2.2. The product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
8.7.1.10.3. Acute inhalation median lethal concentration (LC50), expressed in mg/l or mg/m3. OECD 403 Technical Guide.
This study shall 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 preparation that releases vapor, can be used with nebulization 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 preparations in powder form with a proportion greater than 1% by weight of particles with a diameter less than 50 micrometers, or can be included in preparations that are applied in such a way that a quantity greater than 1% by weight of particles or droplets with a diameter less than 50 micrometers is generated.
8.7.1.10.4. 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 shall be required in all cases, except when:
8.7.1.10.4.1. The material is known beforehand to be corrosive.
8.7.1.10.4.2. It has a pH less than 2 or greater than 11.5.
8.7.1.10.4.3. It is known not to cause effects on the skin.
8.7.1.10.4.4. It is a gas or highly volatile.
8.7.1.10.5. Eye irritation. The test must show the potential for skin irritation, including the potential reversibility of the observed effects. OECD Technical Guideline 405.
This study shall be required in all cases, except when:
8.7.1.10.5.1. The material is known beforehand to be corrosive.
8.7.1.10.5.2. It has a pH less than 2 or greater than 11.5.
8.7.1.10.5.3. It is known not to cause ocular effects.
8.7.1.10.6. Skin sensitization. OECD Technical Guideline 406. This study shall 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.
8.7.1.11. Toxicological Classification: In accordance with the current toxicological classification table.
8.7.1.12. Mandatory medical information:
8.7.1.12.1. Symptoms presented by acute poisonings: by the oral, dermal, and inhalation routes specific to the product.
8.7.1.12.2. Routes of absorption of the product and the possible mode of toxic action if known.
8.7.1.12.3. Emergency and first aid procedures in case of acute poisoning by any route of absorption.
8.7.1.12.4. Information on antidotes, medical treatment, and contraindications.
8.7.1.13. Ecotoxicological Studies:
8.7.1.13.1. Acute oral toxicity in birds. Guideline OCSPP 850.2100.
8.7.1.13.2. Acute toxicity to bees (oral route Guideline OECD 213 and contact route Guideline OECD 214 or OCSPP 850.3020) 8.7.1.13.3. Toxicity to earthworms. Guidelines: OECD 207 or OCSPP 850.6200.
8.7.1.13.4. Acute toxicity to fish. Guideline OECD 203 or Guideline OCSPP 850.1075.
8.7.1.13.5. Acute toxicity to Daphnia magna. Guidelines: OECD 202 or OCSPP 850.1010.
8.7.1.13.6. Effect on the growth of algae or aquatic plants. Guidelines: OECD 201 or OCSPP 850.5400.
8.7.1.14. Effects on the abiotic environment:
8.7.1.14.1. Study on the rates and pathways of degradation in aqueous medium, as well as in air and soil, including half-life values, metabolites, and products resulting from degradation in water and soil.
8.7.1.15. When the registrant demonstrates that the components of an analogous substance (sustancia afín) or of an adjuvant (coadyuvante) are on the list of organizations such as EPA, EFSA, or international agencies that use OECD standards and such products are considered food grade or are indicated as not affecting health or the environment, the CA (AC) shall proceed to grant the registration.
8.8. GENERAL REGISTRATION PROCEDURE:
8.8.1. All information, including the application (Anexo A) provided by the registrant, must be submitted in physical format, or electronic format with its respective digital signature.
8.8.2. The CA (AC) shall issue a document indicating the following: time and date of submission of the application and shall proceed, within a period of eight days, to review that all documents and studies have been submitted according to each registration modality indicated in this Regulation, without entering into an analysis of the substantive content of said information; the CA (AC) must also verify whether the Technical Grade Active Ingredient (Ingrediente Activo Grado Técnico) or the formulated pesticide subject to registration has test data protection as described in Section 8.
8.8.3. If the application is incomplete because any of the documents or requirements have not been provided, the CA (AC) shall give the registrant a single opportunity to submit all omitted documents, studies, reports, or data within a period not exceeding thirty business days. In the event that the registrant does not provide what was required by the CA (AC), the latter shall order the definitive archiving of the file (expediente) notifying the interested party. This resolution shall have the ordinary and extraordinary remedies contemplated in the General Public Administration Law (Ley General de la Administración Pública).
8.8.4. Once the period established in item 8.8.2 has expired, the CA (AC) shall officially communicate, within a maximum period of 3 business days, the application for registration to the Ministries of Health and Environment.
8.8.5. The process of review, analysis of the documentation, and issuance of the respective reports (dictámenes), to verify that the registration application meets the form and substance requirements established by this regulation, must be carried out within a maximum period of four months before the CA (AC) and four months in the other Ministries, such that within the total period of eight months the process must be finalized.
8.8.6. The CA (AC) and the other Ministries may, within the period established in item 8.8.5, request clarifications in writing regarding the information provided by the applicant. In these specific situations, they shall grant a period of up to 60 business days to the registrant, so that they can provide what is required and, if deemed necessary, grant them a hearing. In case of failure to comply with what was requested, the application shall be archived. The registrant may partially or totally waive the period and may also request, on a single occasion, that the period be extended, as long as they justify their extension request. In cases where the CA (AC) or the other ministries require clarifications, the eight-month period is suspended until the requirement is fulfilled, with the suspension of the period ceasing once the requested clarifications are received from the registrant.
8.8.7. The CA (AC), once it has received the reports (dictámenes), shall notify the registrant only when these are negative, so that they may contest them, for which the registrant must, within a period of 10 business days, submit to the CA (AC) the technical, scientific, or legal arguments and supporting evidence, by which they do not agree with the report(s) (dictamen/dictámenes) of the Ministries of Environment, Health, and Agriculture and Livestock. The Ministries shall have a period of 10 business days to resolve the objections of the registrant and render the final report (dictamen definitivo).
8.8.8. Having received the clarifications and reports (dictámenes) from the Ministries involved in the registration process, the CA (AC) shall proceed, within a period of ten business days, to issue the final resolution.
8.8.9. In the case of registration under the modality of registration by incorporation (registro por incorporación), provided for in this regulation, the period to decide whether or not the registration is approved by the CA (AC) shall be three months, and for the modality of registration by equivalence (registro por equivalencia), it shall be five months.
8.8.10. The final resolution may be contested, and against it ordinary remedies of revocation and appeal, as well as the extraordinary remedy of review, may be filed, in accordance with what is established by the General Public Administration Law (Ley General de la Administración Pública).
9. GENERAL ASPECTS OF PROCEDURES 9.1. The periods established in this regulation are of mandatory compliance; non-compliance thereof by the public officials who intervene in the registration processes shall entail the sanctions established in Law No. 8220 of March 4, 2002, Law for the Protection of the Citizen from the Excess of Requirements and Administrative Procedures (Ley de Protección al Ciudadano del Exceso de Requisitos y Trámites Administrativos) and its amendments. The administered party is empowered to waive, according to their interest and convenience, the time periods in order to avoid delays in their procedures.
9.2. The requirements established in this regulation for each registration modality are the only requirements that the ministries may request from the registrant, and they may not request additional requirements. The Ministries may request, in writing, on a single occasion, and in a justified manner, clarifications and additional information from that already provided in the application by the administered party, provided that this information is essential for the protection of health or the environment, and without this implying the establishment of additional requirements beyond those already established in this regulation for each of the registration modalities, their modifications, or renewals.
9.3. Regarding remedies against resolutions, the principle of subject-matter specialty governs; therefore, what is provided in this regulation applies, and in the absence of a regulatory norm, what is provided by the General Public Administration Law (Ley General de la Administración Pública) applies." 10. VALIDITY OF THE REGISTRATION.
10.1. Registrations shall have a validity of ten years from their registration (inscripción); six months before their expiration, the registrant must submit the registration renewal application.
10.2. Notwithstanding the above, granted registrations may be canceled at any time by the SFE, for any of the grounds established in this regulation, or at the request of the holder and prior initiation of an administrative procedure for registration cancellation.
11. REGISTRATION RENEWAL AND REQUIREMENTS:
11.1. Valid registrations granted under this regulation or under Executive Decree No. 33495-MAG-MINAE-MEIC of October 31, 2006, in any of their modalities, may be renewed for equal and consecutive periods of ten years.
11.2. Within the six months prior to the arrival of the for the renewal of the registration in the registry of persons, which shall have specific requirements, the registration holder must request its renewal from the CA (AC), and for this must meet the following requirements:
11.2.1. Registration renewal application, signed by the registration holder or their representative, which must indicate the registration number subject to renewal.
11.2.2. Along with the application, a sworn statement (declaración jurada) before a notary public must be provided, rendered by the registration holder or their representative, stating that the manufacturing or formulation process and the toxicological and ecotoxicological information remain unchanged.
11.2.3. Proof of payment of the current fee.
11.2.4. In the event that the manufacturing or formulation process, the toxicological and eco-toxicological information, the physical-chemical properties, or the analytical methodologies have changed, the applicant must provide the new studies and information to be evaluated by the CA (AC) or by MINSA or MINAE according to their legal competencies.
11.2.5. The CA (AC) must resolve the registration renewal application within a period of four months by means of an administrative resolution, which shall be added to the respective file (expediente).
11.2.6. Valid registrations, in any of their modalities, that do not submit the renewal application shall be canceled without any further procedure than the issuance of a resolution stating that it was not renewed.
11.2.7. The registration shall be considered valid during the time the CA (AC) resolves the renewal application.
12. PUBLICATION OF INFORMATION The CA (AC) shall keep the following information updated and available to the public through its Website:
12.1. List of formulated chemical pesticides (plaguicidas químicos formulados), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes), analogous substances (sustancias afines), and physical carriers (vehículos físicos) that contain technical grade active ingredients, analogous substances for agricultural use, pesticides of mineral origin, inorganic salts, and pesticides obtained from the fermentation of living organisms with a valid registration, as well as their characteristics and conditions of use.
12.2. List of formulated chemical pesticides (plaguicidas químicos formulados), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes), analogous substances (sustancias afines), pesticides of mineral or inorganic origin, and pesticides obtained from the fermentation of living organisms for agricultural use in the process of registration, their modality, and the applicant.
12.3. Information on natural or legal persons registered before the CA (AC) and with a valid registration.
12.4. The list of technical grade active ingredients with test data protection, indicating the registration number, name under which it is registered, registration modality, name of the holder, start date and 12.5. List of reference profiles approved by the CA (AC), indicating the name of the technical grade active ingredient, its concentration, registration number, name of the holder, and date on which it was approved as a reference profile, the concentration of the TGAI (IAGT).
12.6. List of the analytical methodologies available to the CA (AC) to be used for quality control inspection and residue analysis purposes.
12.7. Item 6.9.6 shall be made effective through the CA's (AC) website, once the final resolution of the CA (AC) is issued.
13. MODIFICATIONS TO THE REGISTRATION The registration may be modified at the request of the registration holder. To this end, they must submit the application indicating the proposed change, the reason for it, and comply with the requirements and procedures indicated in this chapter.
13.1. GROUNDS AND REQUIREMENTS FOR MODIFICATION OF THE REGISTRATION Valid registrations in any of their modalities may be modified by their holder, upon prior compliance with the requirements and formalities established in this regulation, without said modifications implying processing a new registration. With any modifications made, the registration shall retain the corresponding number, as well as its date of grant and validity.
The grounds for modification of a registration and the requirements for each are as follows:
13.1.1. For the modification of the originally registered agronomic use, crops, pests, doses, changes in application intervals, intervals between the last application and harvest. The requirements are:
13.1.1.1. Modification application 13.1.1.2. Draft label and pamphlet, in accordance with the Central American Technical Regulation (Reglamento Técnico Centroamericano) No. RTCA 65.05.67.13: Agricultural Inputs. Technical Grade Active Ingredient, Formulated Chemical Pesticides, Analogous Substances, Adjuvants and Physical Carriers for Agricultural Use. Requirements for the preparation of labels and pamphlets. Resolution No. 365-2015 (COMIECO LXXII).
13.1.1.3. Biological efficacy test.
13.1.1.4. Declaration of the maximum residue limit (LMR) in the new crop.
Note: The CA (AC) shall consult with the Ministries of Health and Environment on said changes in accordance with the provisions of Anexo L.
13.1.2. For the Transfer of the registration: The requirement to be submitted to the CA (AC) by the registration holder is the application together with the document attesting to the transfer, duly authenticated by a notary public.
13.1.3. For the change or addition of the commercial name of the product. The requirement to be submitted to the CA (AC) by the registration holder is the application together with the new label and pamphlet with the new name. Prior to the approval of modifications arising from this, a notice (edicto) shall be published on a single occasion, unless the applicant provides the trademark certificate proving that the new commercial name is registered in their name.
13.1.4. For the inclusion or exclusion of commercial presentations or type of container; for this, the applicant must submit the new label and the type and material of the requested container, in addition to the document stating the description of the new material to be used and the sworn statement (declaración jurada) before a notary public stating that the new material will not affect the product.
13.1.5. For the change of the corporate name of the manufacturer, formulator, or registrant; for this modification, the applicant must provide the document attesting to the change of corporate name of the manufacturer or formulator in the country of origin, and in the case of a change of corporate name of the registrant, they must provide the certification attesting to the registry inscription of the change. Furthermore, they must submit to the CA (AC) the draft label and pamphlet for each of the products affected by the change.
13.1.6. For the change or expansion of the origin of the technical grade active ingredient for a formulated chemical pesticide. For the approval of this modification application, the new technical grade active ingredient must be duly registered in the country.
13.1.7. For the change or expansion of the synthesis origin of a registered technical grade active ingredient. For the approval of this modification application, the applicant must demonstrate, in accordance with what is described in this regulation, the equivalence of the new technical grade active ingredient.
13.1.8. For the change or expansion of the site or origin of formulation for a formulated chemical pesticide, adjuvants, and analogous substances. For the approval of this modification application, a sworn statement (declaración jurada) before a notary public must be provided to the CA (AC) stating that the process and formulation composition are maintained and that the same technical grade active ingredient(s) registered with the CA (AC) by the applicant and approved for this formulation are used, along with the qualitative-quantitative composition certificate of the formulated product at the new formulation origin issued by the formulator.
13.1.9. For the toxicological reclassification of the technical grade active ingredient or of a formulated product, when new acute toxicology information more consistent with the product becomes available. In addition to the application and the draft label and pamphlet, the study of the acute oral LD50 in rats and the acute dermal LD50 in rats must be provided.
13.1.10. AUTHORIZATION OF MINOR CHANGES IN FORMULATED CHEMICAL PRODUCTS, ADJUVANTS, AND ANALOGOUS SUBSTANCES: Minor changes are changes in the composition of the formulation auxiliaries of the product compared to the composition originally registered by the same registrant. If the new formulation auxiliaries are already found in products registered in the country that have the favorable opinion of MINAE and MINSA or are found in recognized databases (EPA, FAO, or others registered in OECD countries) and there is no restriction on their use, the CA (AC) shall proceed to authorize the minor changes. Otherwise, the CA (AC) shall consult with the appropriate Ministries.
13.1.10.1. Minor changes may be requested in the following cases:
13.1.10.1.1. For changes during production: Changes in the production process that may lead to unforeseeable changes in the physical-chemical properties of the product. As a consequence of changes in the physical-chemical properties, slight changes in the composition of the product may be required, in accordance with the ranges expressed in Anexo K.
13.1.10.1.2. For the replacement of the adjuvant or other formulation auxiliaries: If new information is generated, the adjuvant(s) used in a current product may be considered undesirable or unacceptable (due to their toxicology or ecotoxicology, profile/classification, and/or new regulations) and must be replaced with a less hazardous one with similar properties.
13.1.10.1.3. For the scarcity or unavailability of an adjuvant or other formulation auxiliaries: When the scarcity arises from supply failures, due to events such as production interruption, unavailability of raw material, interrupted supply, or new regulations on the components.
13.1.10.1.4. For changes in the behavior of an adjuvant or other formulation auxiliaries: Changes in behavior due to changes in its production process.
13.1.10.1.5. For changes in the behavior of the product or application requirements: Especially in cases where minor changes are made to improve the product, whether to improve foam dispersion, or to generate less dust, improve compatibility in mixing tanks, or for the implementation of new or modified application practices and/or application equipment that may require changes in the properties of the product.
13.1.10.1.6. For the development of research and technology: The substitution of formulation components and auxiliaries with others that entail a lower risk to health and the environment and that do not affect the behavior of the product.
13.1.10.2. The requirements for the authorization of minor changes in formulated chemical products, adjuvants, and analogous substances are the following:
13.1.10.2.1. Application for the minor change, indicating the following: The reason, description of the change, the composition of the new product supported by a composition certificate, issued by the formulator, which must contain the CAS number and IUPAC name of all the constituents of the formulation and the concentration and functions of the constituents used, impurities exceeding 1g/kg of the TGAI (IAGT) used, and relevant impurities with their detection limit.
13.1.10.2.2. Minor change application, which shall serve as a sworn statement (declaración jurada) indicating that: the product maintains the same use, the type of formulation, adjuvant, or analogous substance does not change, the product classification is the same or less hazardous, the biological and environmental properties of the product do not change or improve, the efficacy level is maintained or improves. Furthermore, the sworn statement (declaración jurada) must indicate that the minor changes will have no adverse effect on the physical/chemical, toxicological, and ecotoxicological properties and that these changes will have no negative influence on the use/application of the product, and that the duration, intended uses, type of formulation, adjuvant, or analogous substance, and method of application remain unchanged.
It is the responsibility of the CA (AC) to verify whether the new formulation auxiliaries are found in the databases indicated in item 13.1.10 or if they are found within products previously registered in the country that have the favorable opinion of MINAE and MINSA. The description of the formulation process must be provided, indicating the ingredients and equipment used, as well as the conditions controlled during the process (process flowchart).
13.1.10.2.3. Provide the Safety Data Sheets for the formulation auxiliaries that are changed.
13.2. PROCEDURE AND TIMEFRAMES FOR REGISTRATION MODIFICATIONS 13.2.1. Application: The administered party must submit the application to the CA (AC), indicating the proposed change, the reason for it, and the information and requirements specified for each of the grounds. In addition, they must indicate the office or means for receiving notifications. If the application is incomplete, has omissions, or does not clearly indicate the proposed change, the CA (AC) shall require the administered party to comply with the requirement within a period of eight days, and the final resolution shall be issued within a period of thirty calendar days, granting or rejecting the registration modification application.
13.2.2. Remedies: The final resolution shall have the ordinary and extraordinary remedies contemplated in the General Public Administration Law (Ley General de la Administración Pública).
14. SUSPENSIONS AND CANCELLATIONS OF REGISTRATION 14.1. SUSPENSION OF VALID REGISTRATIONS 14.1.1. The suspension of a registration granted in any of its modalities prevents the use and trade in the country of the registered product during the suspension period. Nor may the products be formulated, reformulated, imported, packaged, repackaged, or repacked, except where these actions are necessary to correct the grounds for which the registration was suspended.
14.1.2. The CA (AC) shall order the suspension of registration by issuing a technically and legally supported resolution, indicating the reason that gives rise to it, and it shall remain in effect until the reason for the suspension is corrected. However, if such correction has not been made within a period of six (6) months from its notification, the cancellation of the registration shall proceed in accordance with item 13.2.1.6, with the exception of those suspensions ordered by the judicial instance.
14.1.3. The registration of a technical grade active ingredient, formulated chemical pesticide, adjuvants, analogous substance, and physical carriers shall be subject to suspension when one or more of the following grounds concur:
14.1.3.1. The registration holder does not provide, within the period granted by the CA (AC), the required information.
14.1.3.2. When the biological efficacy trials conducted by the CA (AC) or organizations recognized by it demonstrate that the product is ineffective according to the authorized use, guaranteeing due process and the right to defense, prior to ordering the suspension of the registration. The suspension shall be for one or all uses, as applicable.
14.1.3.3. By order of the judicial or sanitary authority notified to the CA (AC) by the authority ordering the act of suspension.
14.1.3.4. When the registration holder is not up to date in the payment of the fee or has not renewed their registration.
14.1.3.5. When the product registration holder does not have an authorized and valid formulator or does not have the respective technical director (regente).
14.1.3.6. When the product is marketed with a label or pamphlet not authorized by the CA (AC).
14.1.3.7. The suspension shall remain in effect until the reason for the suspension is corrected. However, if such correction has not been made within the period of three months from its notification, the cancellation of the registration shall proceed in accordance with what is established by this regulation, with the exception of those suspensions ordered by the judicial instance.
14.2. CANCELLATION OF REGISTRATIONS.
14.2.1. Registrations granted in any of their modalities that are valid or suspended may be canceled if they incur any of the grounds established in this regulation. The CA (AC) shall cancel, ex officio or at the request of the administered party, the registration of formulated chemical pesticides, technical grade active ingredient, analogous substance, and formulation auxiliaries if one or more of the following grounds concur:
14.2.1.1. When the registration was granted with defects of absolute, evident, and manifest nullity and did not meet the requirements indicated in this regulation.
14.2.1.2. When the ministries determine that the product, even when used under the use recommendations, represents an unacceptable risk to health, the environment, and agriculture.
14.2.1.3. When requested by its holder; in this case, if the canceled registration corresponds to a technical grade active ingredient that serves as a reference profile, it may continue to be used by the CA (AC) for these purposes.
14.2.1.4. When the registration holder has not applied for the renewal of the registration and the validity period of the registration expires.
14.2.1.5. When the causes that gave rise to the suspension of the registration are not corrected within the period granted by the CA (AC).
14.2.1.6. When the CA (AC) does not approve the revalidation of a registration.
14.2.1.7. When the CA (AC) demonstrates that the information provided under oath does not coincide with what was declared.
14.2.1.8. When the trials and tests conducted by the registrant, supervised by the CA (AC), demonstrate that the product is ineffective for all the purposes indicated in the registration application.
14.3. PROCEDURE FOR THE CANCELLATION OF THE REGISTRATION.
14.3.1. Initiation of the Procedure: The procedure may be initiated ex officio by the CA (AC) or at the request of a party.
14.3.2. In the first case, the CA (AC) shall issue a formal resolution indicating: time and date of the resolution, legal basis, authority issuing the resolution, place, registration number to be canceled, name and qualifications of the registration holder, the ground or grounds for suspension or cancellation.
14.3.3. If the request for suspension or cancellation comes from a third party, it must indicate the following: Name and qualifications of the applicant, place to receive notifications, product name, registration number, name and qualifications of the registration holder, the ground or grounds for suspension or cancellation, and shall provide the evidence supporting their request. Once the request is received, the CA (AC), by means of a reasoned and supported resolution, shall determine whether or not the initiation of a procedure for the suspension or cancellation of registration proceeds. The final resolution shall have the ordinary and extraordinary remedies contemplated in the General Public Administration Law (Ley General de la Administración Pública) in Article 342, et seq. and concordant.
14.3.4. Defense (Descargo): Once the above has been fulfilled, the CA (AC) shall grant a period of 30 business days to the registration holder to present their defense (descargo) and provide and offer the evidence they deem pertinent for the defense of their interests.
14.3.5. Hearing: Within five business days after the time for the oral and private hearing, in which the evidence offered shall be heard and the parties shall refer to their arguments and evidence in the file (expediente).
14.3.6. Final Resolution: Within a period not exceeding thirty business days, the final resolution shall be issued, granting or denying the request for suspension or cancellation of the registration. Said resolution shall be notified to the applicant and, in all cases, to the MINSA and the MINAE.
14.3.7. Appeals: The final resolution shall have the ordinary and extraordinary appeals provided for in the Ley General de la Administración Pública in Article 342 and subsequent and concordant articles.
15. RECTIFICATION OF REGISTRY ERRORS 15.1. TYPES OF REGISTRY ERRORS 15.1.1. Errors contained in the registry entries may be errors of fact (de hecho) or errors of law (de derecho).
15.1.2. An error of fact (error de hecho) occurs when, without known intention, some words are written instead of others or the expression of any formal circumstance of the entries is omitted.
15.1.3. An error of law (error de derecho) occurs when, without known intention, the concepts contained in the respective application are altered, changing their true meaning.
15.2. METHOD OF RECTIFYING REGISTRY ERRORS 15.2.1. Errors of fact (errores de hecho) and errors of law (errores de derecho) shall be corrected, ex officio or at the request of a party, by the SFE unit that administers the registry, which shall do so under its responsibility, if such errors are evident from the totality of the information contained in the respective files (expedientes).
15.2.2. When errors or omissions exist in the act of registration that lead to the cancellation of the registration, the interested party shall be informed, and its reinstatement shall subsequently be carried out by means of a new registration. Said registration shall be valid as of the date of rectification. This cancellation shall be declared by means of a reasoned resolution by the SFE unit that administers the registry.
16. CONCORDANCES This document does not coincide with any international standard because such regulations did not exist at the time of drafting this Regulation.
17. BIBLIOGRAPHY For the preparation of this regulation, the following international standards, guides, and guidelines were used as bibliographic references:
17.1. Guidelines on Efficacy Data for the Registration of Pesticides for Plant Protection. Rome, March 1985.
17.2. Guidelines for the Registration and Control of Pesticides with a Model Scheme for the Establishment of National Organizations. Rome, March 1985.
17.3. Guidelines on Legislation for the Control of Pesticides. Rome, October 1989.
17.4. Guidelines on the Initial Introduction and Subsequent Development of a Simple National Pesticide Registration and Control Scheme. Rome, August 1991.
17.5. Manual on Development and Use of FAO and WHO Specifications for Pesticides. Rome, 2004.
17.6. International Code of Conduct on the Distribution and Use of Pesticides. Revised Version, Rome, 2003.
17.7. Guidelines on Pesticide Residue Trials to Obtain Data for the Registration of Pesticides and the Establishment of Maximum Residue Limits. FAO, Rome. 1986.
17.8. 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.
17.9. 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.
17.10. 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.
17.11. ECB (2003): Use of ((Q)SAR) (Quantitative Structure Activity Relationships) in Risk Assessment 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 in the market Part III, Chapter 4, European Commission, Joint Research Centre, Institute for Health and Consumer Protection, European Chemicals Bureau.
17.12. 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.
17.13. 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.
17.14. 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.
17.15. 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.
18. ANNEXES
(NORMATIVE) Application for registration of Active Ingredients technical grade, synthetic formulated pesticides, Adjuvants, and Related Substances
| General Information | ||||
|---|---|---|---|---|
| About the application | ||||
| 1. Reason for application: ( ) Initial registration ( ) Renewal ( ) Modification | ||||
| ( ) Registration of Active Ingredient technical grade | ||||
| ( ) Registration of Active Ingredient technical grade by incorporation. | ||||
| ( ) Registration of Active Ingredient technical grade by equivalence | ||||
| ( ) Registration of formulated chemical pesticides | ||||
| ( ) Registration of adjuvants and related substances | ||||
| About the Registrant | ||||
| 2. Identification document or ID number: | 3. Full name or legal name of the owner (individual or legal entity) | |||
| 4. Address: | ||||
| 5. Name of the Establishment, business, or company | 6. Type of activity, business, or company | |||
| 7. Registration Number: | 8. Address (province, canton, district, street, avenue, neighborhood, settlement or town and specific location details) | |||
| 9. Landline Phone: | 10. Mobile Phone: | 11. Email Address: | 12. Postal Box: | |
| About the Legal Representative | ||||
| 13. Full name | 14. ID Number | 15. Landline Phone: | ||
| 16. Mobile Phone: | 17. Email Address | 18. Postal Box | ||
| 19. Address: | ||||
| About the Responsible Professional (Regente) | ||||
| 20. Full Name | 21. ID Number | 22. Landline Phone | ||
| 23. Mobile Phone: | 24. Email Address | 25. Postal Box | ||
| 26. Address | ||||
| About the Resident Agent | ||||
| 27. Full Name | 28. ID Number | 29. Landline Phone: | ||
| 30. Mobile Phone | 31. Email Address | 32. Postal Box | ||
| 33. Address | ||||
| Product Data | ||||
| 34. Common or generic name: | 35. Trade Name and name of the manufacturing company | |||
| 36. Class | 37. Chemical group | |||
| 38. Synthesis, manufacture or formulation of the product ( ) Local ( ) Imported Country of origin:_ Manufacturer's or formulator's address | ||||
| 39. Use: | ||||
| 40. Formulation type: Concentration: | 41. Registration number of the active ingredient used in the formulation: | |||
| Active ingredient | Registration No. | |||
| 42. Formulator's Name: | ||||
| 43. Packaging or container | ||||
| Material | Type | Size | ||
| 44. Place or means to receive notifications (Electronic Address): | ||||
| Observations: | ||||
| I declare under oath that the data set forth above and the documents and requirements provided are true and correspond to those requested in the Technical Regulation: "RTCR 484:2016. Agricultural Inputs. Synthetic Formulated Pesticides, Active Ingredient Technical Grade, Adjuvants and Related Substances for Agricultural Use. Registration, Use and Control." I also declare that I am aware of the penalties with which the law punishes the crime of false testimony and perjury. Articles 311 and 318 of the Penal Code. | ||||
| 45. Signature of the legal representative: | ||||
| FOR OFFICE USE | ||||
| 46. Official receiving the application: | 47. APPLICATION NO.: | |||
| 48. Stamp with date and time of receipt | 49. Official approving or rejecting the application Name, Signature, and Date | |||
| 50. Related registrations: | ||||
| Result | ||||
| 51. Registration resolution ( ) Approved ( ) Rejected | 52. Official issuing the resolution Name, Signature, and Date | |||
| 53. Assigned registration number: | ||||
| 54. Reason for rejection: | ||||
| 55. Observations or comments: |
Equivalence evaluation and decision-making scheme for Active Ingredients technical grade.
(NORMATIVE)
(INFORMATIVE) Guide on information sources that can be used to evaluate the toxicological risk of impurities Test data: the applicant may have analyzed the impurity in isolation or as part of a batch of active ingredient technical grade.
Safety data sheets: if the impurity is a substance used in the manufacture of a pesticide or is a stabilizer, the applicant may have provided a safety data sheet for that substance (if not, they may be requested to submit one).
Furthermore, consideration must be given to whether the impurity is structurally or metabolically related to a substance used in the manufacture of a pesticide (in this case, a safety data sheet for the substance used in the manufacture of the pesticide should be available).
C & L: Information regarding the classification and labeling for the impurity may be available, e.g., in Annex 1 of the Dangerous Substances Directive 67/548/EEC (which is regularly updated by ATP = Adaptation to Technical Progress) or in a draft ATP related to the aforementioned Directive.
Literature search: the applicant may have conducted a literature search regarding the toxicity of the impurity.
Quantitative Structure-Activity Relationship (Q)SAR studies: the applicant may have performed a SAR analysis of the impurity using a recognized commercial database, e.g., DEREK. However, the limitations of SAR-type analyses must be taken into account. For example, regarding the risk and hazard assessment of chemicals, ECETOC (2003) concludes that "currently commercially available (Q)SAR models are of limited to adequate applicability for in vitro mutagenicity tests, limited applicability for acute oral toxicity, dermal and eye irritation, and skin sensitization, and very limited applicability for chronic toxicity, carcinogenesis, and teratogenesis." ECETOC, however, recognizes that (Q)SAR can provide warnings/alerts and is more reliable for chemicals with great structural similarity, common mechanisms of action, or simple (single-step) processes. Additionally, it must be emphasized that, given their current development, most available (Q)SAR models are only suitable for predicting the toxicity of a substance, but not the absence thereof.
Ideally, the (Q)SARs used for toxicological evaluation in the context of this document will be validated at the EU level and properly documented in terms of their scope of application, and (in the case of quantitative relationships) the statistical methodology used for their development and the degree of uncertainty thereof will be referenced. However, as of the date this guideline was drafted, there was no officially validated (Q)SAR methodology at the EU level. Additional information on the use of (Q)SAR methods in the context of risk assessment can be obtained from the European Chemicals Agency (ECB, 2003) and from the agency's internet pages at http://ecb.jrc.it/QSAR/.
Chemical group of toxicological importance: Does the impurity belong to a chemical class or group with a known toxicological profile, such as nitrosamines, dioxins, oxygenated analogs of organophosphates, etc.? To answer this question, review the list of toxicologically significant impurities in Annex D, which is based on a list published by the Australian Pesticides and Veterinary Medicines Authority (APVMA). Tennant and Ashby Models: Does the impurity present a molecular structure or contain part of a molecular structure that raises an alert for DNA reactivity according to what was proposed by the Tennant and Ashby (1991) model? This model indicates whether the substance contains structures of genotoxic significance. However, the absence of these indicator structures in the impurity should not be used in isolation to argue that the impurity is unlikely to be of genotoxic significance.
Similarity to active ingredient technical grade / metabolites: How similar is the structure of the impurity to that of the active ingredient technical grade or its metabolites produced in abundant quantities by mammalian metabolism? Similar chemical structures can be used as probative elements of similar toxicity. Very dissimilar structures would indicate that the impurity has a toxicological profile very different from the active ingredient or the metabolites derived in mammals, e.g., impurities of an organophosphate that lack the capacity to react with AchE (acetylcholinesterase) would be less neurotoxic than the active ingredient technical grade.
However, because there is no universally accepted definition of "structural similarity," these considerations must be carried out with great caution and limited to cases in which the (toxic) mode of action of an active ingredient technical grade, with which the chemical structure of the impurity in question is compared, is clearly related to the presence of a specific chemical structure.
Metabolism/excretion: Account should be taken of the ease with which the impurity can be excreted (determined by its polarity or size) or metabolized. The rapid excretion of the substance can be used as an argument to reduce its toxicological significance (although the site of excretion is not necessarily the site of toxicological effect).
Additional toxicological data: additional data may be required on the impurity or on the batch of active ingredient technical grade that contains adequate levels of the impurity. However, additional studies should only be requested when considered absolutely essential, especially if they involve animal testing.
Consider the alternatives available to animal testing, such as in vitro mechanistic studies (cholinesterase activity assay) or pesticide activity assays. Pesticide activity assays may be appropriate if the pesticide's mechanism of action is considered relevant to the critical toxicological effects of the active ingredient technical grade (in these assays, the pesticide activity of the active ingredient can be compared with that of the impurity of interest). A pesticide activity assay is more likely to yield more useful results when the active ingredient technical grade is, for example, an insecticide that acts on the CNS (Central Nervous System) of the pest.
In any case, the results must be interpreted by expert assessors, as other types of toxicity may be associated with the impurity.
(INFORMATIVE) Impurities of known toxicological relevance This list, which is based on one prepared by the Australian Pesticides and Veterinary Medicines Authority (APVMA), is not considered exhaustive. Relevant impurities are highlighted in bold text.
2,3-Diaminophenazine (DAP) and 2-amino-3-hydroxyphenazine (AHP) Anilines and substituted anilines * Dichlorodiphenyltrichloroethane (DDT) and DDT-related impurities Ethylenethiourea (ETU) and propylenethiourea Halogenated dibenzodioxins and halogenated dibenzofurans Hexachlorobenzene (HCB) Methyl isocyanate (any isocyanate is of potential relevance) Nitrosoamines Oxygenated analogs of organophosphates Phenols and substituted phenols* Hydrazine and substituted hydrazine Tetrachloroazobenzene (TCAB) and tetrachloroazoxybenzene (TCAOB) Tetraethyl dithiopyrophosphate (Sulfotep) tetraethyl monothiopyrophosphate (O,S-TEPP) * This can constitute a very broad group, and they may not always be of toxicological relevance. For example, in the Approved List, phenol is classified as: at 5% or greater: toxic after acute oral or dermal exposure, and corrosive. between 1- 5%: harmful after acute oral or dermal exposure, and irritating to skin/eyes.
Maximum acceptable concentration of nitrosoamines:
There are three types of nitrosoamines: N-NO (N-nitrosoamines), C-NO, and O-NO. N-nitrosoamines are known to be of particular toxicological relevance because they can be activated to form genotoxic carcinogens.
If analytical results indicate that total nitrosoamine levels exceed 1 mg/kg in the active ingredient technical grade, the following toxicological requirements must be considered:
- i)A reasoned case primarily addressing the genotoxicity and carcinogenicity of the constituent nitrosoamines (this is always required).
- ii)Mutagenicity data related to the specific nitrosoamines (N-nitroso compounds) present in the proposed technical product; these should include appropriately conducted in vitro mutagenicity tests with information on the exogenous metabolic fractions used, or iii) Toxicity data from batches of an active ingredient containing higher levels of the same nitrosoamine(s) for which approval is sought.
The overall objective is to reduce total levels of N-nitrosoamines, which have the potential to be mutagenic, to levels below 1 mg/kg.
Maximum acceptable concentrations of polychlorinated dibenzo-p-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs):
2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD) is considered the most toxic dioxin. The toxicity of dioxins and furans as individual impurities can be related to the toxicity of TCDD by using individual "TCDD toxic equivalents." Toxic Equivalency Factors (TEFs) have been proposed for PCDDs and PCDFs by the WHO, see table below.
The concentration of each listed PCDD and PCDF present as an impurity is multiplied by the TEF to generate a TCDD toxic equivalent (TEQ). The sum of the TEQs can then be compared with the maximum acceptable concentration for TCDD.
10 ppb (0.01 mg/kg) is considered an acceptable impurity level for TCDD. The value of 10 ppb is based on the ADI established by JMPR in 1981 for 2,4,5-T, which contains TCDD as a trace impurity, i.e., 0-0.03 mg 2,4,5-T (containing no more than 0.01 mg TCDD/kg) per kg b.w.
Table 1: Risk assessment for humans according to WHO TEFs (Van den Berg et al., 1998)
| Congener | TEF |
|---|---|
| Dibenzo-p-dioxins | |
| 2,3,7,8-TCDD | 1 |
| 1,2,3,7,8-PnCDD | 1 |
| 1,2,3,4,7,8-HxCDD | 0.1 |
| 1,2,3,6,7,8-HxCDD | 0.1 |
| 1,2,3,7,8,9-HxCDD | 0.1 |
| 1,2,3,4,6,7,8-HpCDD | 0.01 |
| OCDD | 0.0001 |
| Dibenzofurans | |
| 2,3,7,8-TCDF | 0.1 |
| 1,2,3,7,8-PnCDF | 0.05 |
| 2,3,4,7,8-PnCDF | 0.5 |
| 1,2,3,4,7,8-HxCDF | 0.1 |
| 1,2,3,6,7,8-HxCDF | 0.1 |
| 1,2,3,7,8,9-HxCDF | 0.1 |
| 2,3,4,6,7,8-HxCDF | 0.1 |
| 1,2,3,4,6,7,8-HpCDF | 0.01 |
| 1,2,3,4,7,8,9-HpCDF | 0.01 |
| OCDF | 0.0001 |
Note: These values are considered to replace the previous TEFs proposed by NATO/CCMS (1988). See also the discussion on TEFs at: http://www.who.int/pcs/docs/dioxin-exec-sum/exe-sum-final.html Furthermore, it should be noted that an EFSA Scientific Colloquium on Dioxins in June 2004 recommended a re-evaluation of the TEFs for dioxins. The colloquium was informed that WHO is coordinating a review of the current WHO-TEF for dioxins, see: www.efsa.eu.int/science/colloquium_series/no1_dioxins/599_en.html
(NORMATIVE) Determinants for considering the need for additional toxicological information to evaluate the equivalence of a new source compared to the reference source.
Important notes:
- a)These guides indicate the need for additional considerations. They are not automatic determinants for carrying out additional toxicological studies. A reasoned case may be acceptable in place of an additional study, particularly if that study involves an animal test.
- b)If in the new source there are new or increased impurity levels (increase levels are defined in the Evaluation Process, section 8.3.2.2) with respect to the reference source, additional toxicity data will be needed if the currently available information is insufficient. For large differences, e.g., 5 times or more, in impurity levels between the reference source (or the tested material) and the new source, the need to present a convincing case or new data increases.
- c)These guides are not intended to be applied when the new source presents an increase in the level of a relevant impurity. The applicant will need to provide very strong evidence to support this, and it will require careful case-by-case study.
- d)The initial determinant for considering the need for additional toxicity studies involves a comparison of the manufacturing specifications (especificaciones técnicas) of the new source with the manufacturing specifications (especificaciones técnicas) of the reference source. However, ideally, a more detailed study of the need for more tests should be based on the comparison of the manufacturing specification (especificación técnica) of the new source with the manufacturing specification (especificación técnica) of the material used in the relevant toxicity studies to support the reference source. This more detailed study might not be possible if the manufacturing specification (especificación técnica) information for the material tested in the studies to support the reference source is not available.
The following approach to the problem is recommended, to consider the need for additional toxicity information:
1. In all cases of new impurities or increased levels, the following is needed:
. Toxicological analyses of the (Q)SAR type, if reliable prediction is possible and can be scientifically supported.
2. For a new/increased impurity present at ≥ 0.1 - < 1% in the manufacturing specifications (especificaciones técnicas) of the new source, the following is needed:
. The Ames test, either with the new source or the respective impurity, unless there is a good indicator that another type of genotoxicity test is more appropriate (e.g., SAR evidence of an effect on mitotic spindles). [The Ames test will not be required if the impurity is present at satisfactory levels in all other studies with the active ingredient technical grade].
3. For a new/increased impurity present at ≥ 1% in the manufacturing specification (especificación técnica) for the new source, the following is needed:
. Three in vitro genotoxicity tests (if the in vitro genotoxicity tests are not clearly negative, additional in vivo genotoxicity studies shall be conducted, see 91/414/EEC) and consideration will need to be given to . acute oral studies* . or dermal sensitization studies (local lymph node assay is normally preferred).
. or developmental toxicity studies (typically one oral developmental toxicity study in one species would be sufficient; alternatively, reproduction/developmental studies proposed by the OECD would be appropriate.)
[* Acute oral toxicity data shall only be required if evidence suggests that the presence of the impurity may result in a higher risk category for the active ingredient technical grade. To decide on this in the absence of data, the worst case is assumed, an oral LD50 of 1 mg/kg b.w. for the impurity].
4. Other information that must be considered case-by-case for a new/increased impurity present at ≥ 5% in the manufacturing specifications (especificaciones técnicas) of the new source, in particular:
. 28- or 90-day repeated-dose studies, in order to evaluate the utility of the available data to predict the toxicity of the manufacturing specification (especificación técnica) of the new source.
. In very special cases, other studies that are crucial to reaching a conclusion may be required.
(NORMATIVE) How to decide what is an acceptable upper concentration limit for an impurity of toxicological importance?
The following information can be taken into account when considering what is an appropriate upper limit for an impurity in an active ingredient (see also Annex D for nitrosoamines, polychlorinated dibenzo-p-dioxins, and polychlorinated dibenzofurans):
. Other toxicity data may be available to establish a NOAEL for the impurity. Additional toxicological data may be required if absolutely essential, especially if they involve animal testing.
. An acceptable upper limit for this impurity may have been previously agreed/proposed under regulation 91/414/EC in another active substance, e.g.: 2,3-Diaminophenazine (DAP) and 2-amino-3-hydroxyphenazine (AHP) in benomyl.
. An acceptable upper limit may have been proposed for this impurity in the same or in a different active substance by another authority, e.g.: FAO or APVMA.
. If the impurity is classified as presenting adverse toxicological properties, the generic concentration limits applicable to impurities (0.1% or 1%, see Annex F of 67/548/EEC) can be taken into account as acceptable upper limits, unless a lower value is specified for the impurity in Annex I of 67/548/EEC.
. If specific concentration limits have been proposed for an impurity in Annex I of 67/548/EEC, as periodically updated by means of an Adaptation to Technical Progress (ATP), there may be more than one concentration limit (e.g., the classification may vary according to concentration). In such a case, expert judgment will be necessary to select the most appropriate value.
Genotoxic impurities are of particular relevance. This is because for most genotoxic substances, there is uncertainty about whether a scientifically sustainable NOAEL can be established. As a general rule, genotoxic impurities should, therefore, not be present in the technical material that is marketed (especially impurities that are considered genotoxic in vivo or are genotoxic carcinogens). However, it is important to apply expert judgment in a case-by-case consideration.
If there is concern about the possibility that a genotoxic impurity is present in the technical material, some possible approaches to the problem are:
- a)Evaluate each batch using an appropriate sensitive assay (typically the Ames test).
Any batch that yields a positive or equivocal result in this assay must not be marketed.
- b)It may be appropriate to relate an acceptable upper concentration limit for an impurity to known levels of human exposure to natural genotoxins (e.g., to relevant concentrations of natural toxins present in the human diet). Acceptance of this approach will be facilitated by a negative carcinogenicity study with technical material containing the impurity at a concentration equal to or above the proposed limit concentration.
- c)If a genotoxic impurity may be present, the concentration should be kept "as low as reasonably practical" (ALARP).
(INFORMATIVE) Equivalence Assessment Report Threshold I (Part I) REPORT No. ______________ Report prepared by:
Month/year TABLE OF CONTENTS 1 Declaration of subject and objective for which the report was prepared 2 Summary, evaluation, and assessment of the information A Identity of the active ingredient A.1 Name and address of the applicant(s) A.2 Common name and synonyms A.3 Chemical name A.4 Manufacturer's development code number A.5 CAS, EEC, and CIPAC numbers A.6 Molecular and structural formula, molecular mass.
A.7 Manufacturer(s) of the active ingredient A.8 Purity specifications of the active ingredient B Analytical methods B.1 Analytical methods for the determination of pure active ingredient in the substance technical grade (as manufactured) C Assessment of equivalence 3 Conclusion and recommendations 4 References used 1. DECLARATION OF SUBJECT AND OBJECTIVE FOR WHICH THE REPORT WAS PREPARED State the reference used for the assessment and report:
Indicate in the table below what type of case has been evaluated Technical material from a new/different manufacturer Information from an industrial-scale production batch, vs. information from a pilot production.
Changes in manufacturing processes or place of manufacture 2. Summary, evaluation, and assessment of the information
A.1 Name and address of the applicant(s) Name of the natural person responsible for submitting the dossier or file (expediente):
Contact:
Telephone:
Fax No.:
E-mail:
A.2 Common name and synonyms.
ISO:
A.3 Chemical name.
IUPAC:
CAS:
A.4 Manufacturer's development code number XXXX A.5 CAS, EEC, and CIPAC numbers CAS:
EEC/EINECS No:
CIPAC No:
A.6 Molecular and structural formula, molecular mass.
Molecular formula:
Structural Formula:
Molecular mass:
A.7 Manufacturer(s) of the active ingredient (ingrediente activo) XXXXXX Contact:
Telephone:
Fax No.:
E-mail:
Location of the manufacturing plant for the active ingredient (ingrediente activo):
XXXX A.9 Purity specifications for the active ingredient (ingrediente activo).
Minimum purity:
B.1 Analytical methods for the determination of pure active ingredient (ingrediente activo) in the manufactured technical grade active ingredient (ingrediente activo grado técnico).
Specificity:
XXXXXX Linearity:
XXXXXX Accuracy:
XXXXXX Precision XXXXXX
3. Conclusion and recommendations 4. References used A. Identity B. Methods of analysis
Report of the Tier I Equivalence Assessment (Informe de la Evaluación de Equivalencia Umbral I) (part II) (NORMATIVE) REPORT No. ________________ Report prepared by:
Month/year TABLE OF CONTENTS A Identity of the active ingredient (ingrediente activo) A.8 Manufacturing method or methods A.10 Identity of isomers, impurities, and additives A.11 Analytical profile of the batches B Analytical methods B.2 Analytical methods for the determination of relevant impurities in the manufactured active ingredient (ingrediente activo) A.8 Manufacturing Method or Methods XXXXXXXXXXXXX A.10 Identity of Isomers, impurities, and additives XXXXXXXXXXXXX A.11 Analytical profile of the batches XXXXXXXXXXXXXX
B.2 Analytical methods for the determination of relevant impurities in the manufactured technical grade active ingredient (ingrediente activo grado técnico).
Specificity:
XXXXXX Linearity:
XXXXXX Accuracy:
XXXXXX Precision:
XXXXXX 4. References used A. Identity B. Methods of analysis
(NORMATIVE) Report of the Tier II Equivalence Assessment (Evaluación de equivalencia Umbral II) REPORT No. ________________ Report prepared by:
Month/year
1. Equivalence assessment (Valoración de la equivalencia) 2. Conclusions and recommendations
1. Equivalence assessment (Valoración de la equivalencia) 2. Conclusions and recommendations 3. References used 3.1. Toxicology and metabolism 3.2. Ecotoxicology
(NORMATIVE) PROTOCOL FOR RESEARCH WITH ADJUVANTS (COADYUVANTES), RELATED SUBSTANCES (SUSTANCIAS AFINES), AND PHYSICAL VEHICLES CONTAINING RELATED SUBSTANCES, FOR AGRICULTURAL USE FOR REGISTRATION PURPOSES All research with Related Substances (Sustancias Afines) for agricultural use that is to be conducted for registration purposes must be previously authorized by the Department of Agricultural Inputs (Departamento de Insumos Agrícolas) of the SFE. To this end, the applicant must submit:
1. An application clearly indicating the general and specific objective of the experimentation to be carried out and the name and professional license number (número de Colegiado) of the professionals who will participate in it, signed by the applicant.
2. Certification of suitability to conduct research issued by the College of Agronomists (Colegio de Ingenieros Agrónomos).
3. A commitment letter for the adequate disposal of the crop treated with the product, waste, and remnants.
4. Standard Protocol for Biological Efficacy Trials with Related Substances (Sustancias Afines), which must contain the following information:
- a)General information:
1-Title of the experiment.
2-Product identification (brand, common name of the component(s) of the related substance (sustancia afín) or adjuvant (coadyuvante), chemical family, class, concentration, and formulation).
3-Product characterization: mode and mechanism of action.
4-Maximum Residue Limit (MRL) (Límite Máximo de Residuos, LMR) with its bibliographic reference.
5-Start and (tentative) end date of the trial.
6-Professional in charge of the trial and professional license number (número de colegiado).
7-Geographical location of the experiment and exact address.
8-Objectives of the experiment (general and specific).
9-Conditions under which the experimentation will be carried out (laboratory, controlled environment, field, or other).
10-Description of risk mitigation measures.
11-Scaled field sketch indicating the location of plots and the situation of water sources, adjacent crops, protection zones, and population centers, all within 100 meters of the perimeter of the trial. 12-Quantity of product to be used in the experimentation.
13-INFORMATION AND VARIABLES TO BE STUDIED:
-Crop: common name and botanical classification.
-Type of trial: Biological efficacy, residue study, Phytotoxicity.
-Pests: common name and taxonomic classification, according to the type of product.
-Application seasons and number of applications.
-Type of equipment and application method.
-Application timing.
-Dose and volume of spray mixture (caldo) to be used, interval between the last application and harvest.
-Compatibility: indicate with which products it is incompatible and, in case it is mixed with other products, indicate with which ones.
14-Agroecological conditions: Soil classification, solar brightness, temperature and precipitation (monthly average during the months in which the experimentation will be carried out), relative humidity, wind conditions of the zone.
- B)Materials and methods:
- a)Experimental design.
- b)Number of treatments.
- c)Number of replicates.
- d)Number of plots per treatment and dimensions.
- e)Planting distances.
- f)Dose per treatment.
- g)Number of applications.
- h)Application seasons.
- i)Field sketch of the trial (Randomization).
The information requested in this annex will be applied according to the use of the product.
Once the efficacy trial is completed, the final report must be submitted to the Unit that administers the Registry of the AC, for its approval. It must be transcribed into the researcher's Minutes Book (Libro de Actas) and must be presented to the AC for final approval.
(NORMATIVE) Permitted variations in formulation auxiliaries (auxiliares de las formulaciones) for making minor changes.
| Concentration range of the initial Formulation Auxiliary (Auxiliar de Formulación) | Permitted (relative) variation | Example |
|---|---|---|
| 1 % < c ≤ 2.5 % | ± 30 % | Formulation auxiliary (Auxiliar de formulación) at 2 % weight by weight: it is a minor change if the new concentration of the Formulation Auxiliary (Auxiliar de Formulación) is between 1.4 - 2.6 % |
| 2.5 < c ≤ 10 % | ± 20 % | Formulation Auxiliary (Auxiliar de Formulación) at 5 % w/w: it is a minor change if the new concentration of the Formulation Auxiliary (Auxiliar de Formulación) is between 4 - 6 % |
| 10 < c ≤ 25 % | ± 10 % | Formulation Auxiliary (Auxiliar de Formulación) at 20 % w/w: it is a minor change if the new concentration of the Formulation Auxiliary (Auxiliar de Formulación) is between 18 - 22 % |
| 25 < c ≤ 100 % | ± 5 % | Formulation Auxiliary (Auxiliar de Formulación) at 60 % w/w: it is a minor change if the new concentration of the Formulation Auxiliary (Auxiliar de Formulación) is between 57 - 63 % |
| And for formulation auxiliaries at very low concentrations | ||
| 0.5 < c ≤ 1 % | ± 50 % | Formulation Auxiliary (Auxiliar de Formulación) at 0.6 % w/w: it is a minor change if the new concentration of the Formulation Auxiliary (Auxiliar de Formulación) is between 0.3 - 0.9 % |
| <0.5% | ± 100 % | Formulation Auxiliary (Auxiliar de Formulación) at 0.2 % w/w: it is a minor change if the new concentration of the Formulation Auxiliary (Auxiliar de Formulación) is between 0 - 0.4 % |
(NORMATIVE) Decision-making table for sending minor use changes for consultation to the Ministries of Health and Environment.
Article record (Ficha articulo)