39995-MAG of December 15, 2016, so that it reads as follows:
"ARTICLE 1. The holders of registrations of Technical-Grade Active Ingredients (IAGT) and of formulated products that do not have an IAGT registration, and that have not been registered in accordance with Executive Decree No. 33495-MAG-S-MINAE-MEIC of October 31, 2006, and its amendments, must update the manufacturer(s) of their IAGTs, within a period of sixty months from the entry into force of this decree, providing the State Phytosanitary Service with the following information:
1- In the event that the manufacturer is the same one indicated in the registration revalidation process, the requirements are as follows:
a. Qualitative-quantitative Composition Certificate of the technical-grade active ingredient, issued by the manufacturer.
b. Draft identification or label of the IAGT.
c. Within a period of 10 business days from the notification of the resolution approving the requested manufacturer update, the IAGT identification must be submitted, containing the information indicated in the 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). The State Phytosanitary Service shall, within a period of five business days, review and notify the approval of the draft identification.
d. Proof of payment of the current fee: In the event that this fee had been paid for the revalidation process or change of manufacturer, said payment shall not be made again.
2- In the event that the manufacturer(s) is/are not the same one indicated in the registration revalidation process, the applicant must submit to the SFE the information indicated below:
a. Administrative Information:
i. Application for the update of the manufacturer(s), indicating the registration number of the IAGT or the formulated product and the date on which it was granted.
ii. 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 they are not available), minimum concentration, and density, issued by the manufacturer.
iii. Analytical standard when the CA requires it, which must be accompanied by its certificate of analysis prepared under internationally recognized protocols.
iv. Safety data sheet for the technical-grade active ingredient, which must contain internationally standardized requirements, using as a model the guidelines of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) of the United Nations, which the CA will publish on the SFE website.
v. For the identification of the IAGT upon entry into the country, the provisions of the 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.
vi. Proof of payment of the current fee. In the event that this fee had been paid for the revalidation process, said payment shall not be made again.
- b)Confidential Information: (.)
- c)Technical Information: In the event that an international specification exists for the technical-grade active ingredient subject to the update, it must be provided by the applicant in order to certify that the technical material being submitted to the update process does not contain relevant impurities at levels higher than recognized international standards (FAO specifications and, in the absence of an FAO specification, another specification from OECD countries or regions or other international reference bodies).
Individuals or legal entities registered in the register of individuals or legal entities of the SFE may apply for the registration of technical-grade active ingredients that do not qualify as a new agrochemical product, pursuant to CAFTA, and for which an international specification exists; to do so, they must submit the application and the administrative, confidential, and technical information indicated in Article 1, subsection 2 of this regulation and must certify to the SFE that the technical material being submitted to the registration process does not contain relevant impurities at levels higher than recognized international standards (FAO specifications and, in the absence of an FAO specification, another specification from OECD countries or regions or international reference bodies). The SFE shall have a period of four months, counted from the receipt of the application, to determine the conformity of the technical-grade active ingredient submitted for registration under this regulation with the international specification regarding the concentration of relevant impurities. In the event that the technical-grade active ingredient subject to the update contains relevant impurities at levels higher than recognized international standards or specifications, or that are in Annex III of the Rotterdam Convention, or in the Stockholm Convention, or in the Montreal Protocol, the SFE shall reject the registration application.
i. Identity: Product name or brand, name and address of the manufacturer involved in the process (the manufacturer refers to the factory that synthesizes the technical-grade active ingredient), common name; proposed or accepted by ISO, synonyms, if any, chemical name proposed or accepted by IUPAC, CAS number (for each isomer or mixture if applicable), CIPAC number, molecular formula and molecular mass, structural formula (must include the stereochemistry of active isomers, if known), and chemical group.
ii. Aspects related to its use: Pesticide class, mode of action, and mechanism of action of the active ingredient on pests.
iii. In the event that the manufacturer's IAGT contains relevant impurities at levels higher than recognized international standards (FAO specifications), or that are in Annex III of the Rotterdam Convention, or in the Stockholm Convention, or in the Montreal Protocol, the following information must be submitted:
1. Submit the information, data, and values of the acute Mammalian Toxicity studies, including the following: Acute oral median lethal dose (LD50), expressed in mg/kg of body weight. (This study shall be required in all cases except if the product is a gas or is highly volatile); Acute dermal lethal dose (LD50) expressed in mg/kg of body weight. (This study shall be required in all cases, except when:
- 1)The product is a gas or is highly volatile.
2. The product is corrosive to the skin or has a pH less than 2 or greater than 11.5); Acute inhalation median lethal concentration (LC50), expressed in mg/l of air or mg/m3, for 4 hours of following conditions: it is a gas or a liquefied gas, or it is a preparation that generates fog or smoke, is a fumigant, or can be included in an aerosol or a preparation that releases vapor, that can be used with fogging equipment, that has a vapor pressure greater than 1x10-2 Pa and is to be included in preparations used in semi-enclosed spaces, that 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 (μm), that can be included in preparations applied in such a way as to generate particles or drops with a diameter less than 50 micrometers (μm).
Dermal irritation study. The test must show the potential for skin irritation of the IAGT, including the potential reversibility of the observed effects. This study shall be required in all cases, except when any of the following conditions occur: it is previously known that the material is corrosive, has a pH less than 2 or greater than 11.5, it is known not to cause skin effects, it is a gas or is highly volatile. Eye irritation. The test must show the potential for eye irritation of the IAGT, including the potential reversibility of the observed effects.
(This study shall be required in all cases, except when any of the following conditions occur: it is previously known that the material is corrosive, has a pH less than 2 or greater than 11.5, it is known not to cause eye effects, it is a gas or is highly volatile.) Skin sensitization. (This study shall be required in all cases, except when the product is known to be a known skin sensitizer). Dermal absorption of the active ingredient. (This study shall be presented when may be substituted by studies conducted with the technical-grade active ingredient in a formulated pesticide). Study on absorption, distribution, excretion, and metabolism in mammals. (This study must: be conducted preferably in rats, provide information on rates and extent of absorption and distribution in different tissues, provide information on the rate and extent of excretion, including relevant metabolites, identify metabolites and the metabolic pathway.) Additional studies in other species, such as chicken or goat, may be provided for particular and specific cases.
3. Submit the information, data, reports, and values of the eco-toxicity studies indicated below: Acute oral toxicity in bird species such as pheasant, quail, mallard duck, or another validated species. According to the EPA toxicity test. Acute toxicity in fish, LC50 in species such as rainbow trout, carp, or any other validated species that inhabits waters with temperatures between 10-30 degrees Celsius. Acute toxicity to bees (oral and contact)."