RTCR 504:2021. Regulation for the Registration of Agricultural Inputs. Pesticides Synthetic Formulated, Technical Grade Active Ingredient, Adjuvants, Related Substances, and Physical Carriers for Agricultural Use.
1. PURPOSE To establish the guidelines and procedures that regulate the process of registration of synthetic formulated pesticides, technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes), related substances (sustancias afines), and physical carriers (vehículos físicos) for agricultural use, with the purpose of approving the sale and use of these, after prior evaluation of sufficient scientific data demonstrating that the product is effective for the intended purpose and does not present unacceptable risks to health, the environment, and agriculture when used according to the use recommendations.
2. SCOPE OF APPLICATION This regulation applies to:
2.1. Synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes), related substances (sustancias afines), and physical carriers (vehículos físicos) for agricultural use must be registered prior to their importation, exportation, manufacturing, formulation, storage, distribution, transport, repackaging (reempacado), rebottling (reenvasado), handling, mixing, sale, and use.
2.2. Natural or legal persons who register, market, import, export, formulate, manufacture, rebottle (reenvasen), repackage (reempaquen), store, distribute, and handle synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes), related substances (sustancias afines), and physical carriers (vehículos físicos) of agricultural use.
2.3. Excluded from the application of this technical regulation are:
2.3.1. The products indicated in numeral 2.1. above when they enter in transit.
2.3.2. Samples that are imported for the development of research, including products in the early research phase identified by manufacturers with internal codes.
2.3.3. Those that are imported for the combat of specific phytosanitary problems in accordance with the provisions of article 24 of Law No. 7664 "Ley de Protección Fitosanitaria".
2.3.4. Analytical standards.
2.3.5. Registrations granted under Executive Decree No. 39461-MAG "Registration of Technical Grade Active Ingredient (Ingrediente Activo grado técnico) imported into the country for the formulation of chemical pesticides in national formulating plants, under the Active Improvement Regime, Free Zone, or similar for export purposes" 2.3.6. Waxes classified as food additives according to the Codex Alimentarius and the RTCA 67.04.54:18 Processed Foods and Beverages. Food Additives".
3. REFERENCES This regulation is complemented by the following:
3.1 Executive Decree No. 24715-MOPT-MEIC-S, Regulation for the Land Transport of Dangerous Products, of October 6, 1995, published in the Official Gazette La Gaceta No. 207 of November 1, 1995.
3.2 Executive Decree No. 34740-H-COMEX, Regulation of the Duty Drawback Regime, of August 29, 2008, published in the Official Gazette La Gaceta No. 181 of September 19, 2008.
3.3 Executive Decree No. 40198-H-COMEX, Regulation of the Active Improvement Regime, of December 13, 2016, published in the Official Gazette La Gaceta No. 36, supplement 37 of February 20, 2017.
3.4 Executive Decree No. 26503-MAG, Regulation of Agricultural Regencies of the College of Agricultural Engineers of Costa Rica, of October 24, 1997, published in the Official Gazette La Gaceta No. 242 of December 16, 1997.
3.5 Executive Decree No. 27037-MAG-MEIC, Standard RTCR 321:1998 Registration and Examination of Application Equipment for Chemical, Biological, Biochemical, or Related Substances, of January 5, 1998, published in the Official Gazette La Gaceta No. 174 of September 7, 1998, Supplement 59a.
3.6 Executive Decree No. 27041-MAG-MEIC, Standard RTCR176: 1991 Agrochemicals. Sample Collection, of January 5, 1998, published in the Official Gazette La Gaceta 176 of September 9, 1998.
3.7 Executive Decree No. 27056-MAG-MEIC, Standard RTCR 213:1997 Sample Collection for Analysis of Pesticide Residues in Vegetable Crops, of January 5, 1998, published in the Official Gazette La Gaceta No. 178 of September 11, 1998.
3.8 Executive Decree No. 27763-MAG, Fixing of Service Fees of the Ministry of Agriculture and Livestock, of March 10, 1999, published in the Official Gazette La Gaceta No. 68 of April 9, 1999, Supplement 26 3.9 Executive Decree No. 27973-MAG-MEIC-S, RTCR 318:1998 Laboratory Analysis of Chemical and Biological Substances for Use in Agriculture, May 19, 1998, published in the Official Gazette La Gaceta No. 139 of July 19, 1999.
3.10 Executive Decree No. 31520-MS-MAG-MINAE-MOPTMGPSP, Regulation for the Activities of Agricultural Aviation, of October 16, 2003, published in the Official Gazette La Gaceta 241 of December 15, 2003.
3.11 Executive Decree 31961, Resolution 118-2004 (COMIECO), Standard Protocol for Trials on the Biological Efficacy of Pesticides for Agricultural Use, of June 26, 2004.
published in the Official Gazette La Gaceta No. 179 of September 13, 2004.
3.12 Executive Decree 35301-MAG-MEIC-S. RTCR 424-2008. Technical Regulation of Maximum Residue Limits of Pesticides in Vegetables of April 28, 2009, published in the Official Gazette La Gaceta No. 129 of July 6, 2009.
3.13 Executive Decree No. 42932-COMEX-MEIC-MAG, "Resolution No. 434-2020 (COMIECO-XCIII) dated December 10, 2020, and its Annex: "Central American Technical Regulation RTCA 65.05.67:18 Agricultural Inputs. Technical Grade Active Ingredient, Formulated Chemical Pesticides, Related Substances, Adjuvants, and Physical Carriers for Agricultural Use. Requirements for the Preparation of Labels and Leaflets".
3.14 Executive Decree No. 42769 -MAG-S-MINAE "Regulation for Opting for the Registration of Technical Grade Active Ingredient (Ingrediente Activo Grado Técnico) through the Recognition of the Evaluation of Technical Studies Approved by the Regulatory Authorities of OECD member countries and OECD adherent countries" of January 26, 2021, published in Supplement 24 of the Official Gazette La Gaceta No. 25 of February 5, 2021.
4. DEFINITIONS AND TERMINOLOGY:
The terms and concepts used in this regulation shall be defined, interpreted, and applied in the manner and sense indicated below:
4.1. Biocidal action (Acción biocida): is the interfering action that a pesticide exerts on the vital processes or on the development of an organism considered a pest.
4.2. Physiological action (Acción fisiológica): mobility and metabolic activity of a chemical substance in the organism considered a pest.
4.3. Additives (Aditivos): components added to the active substance before manufacturing the formulated product in order to maintain its stability and facilitate its handling.
4.4. Causal agent (Agente causal): organism capable of producing a specific symptomatology in the plant that causes disease.
4.5. Storage (Almacenamiento): action of storing, gathering, conserving, keeping, or depositing synthetic formulated pesticide, technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes), related substances (sustancias afines), and physical carriers (vehículos físicos) for agricultural use in warehouses, storehouses, customs, or vehicles under the conditions stipulated in this regulation.
4.6. Ecophysiological aspects (Aspectos ecofisiológicos): physiological processes of living organisms (crop, causal agent, vectors, antagonistic and mutualistic organisms, which may influence the performance of the molecule) under the domain of environmental factors.
4.7. Competent Authority (AC): is the State Phytosanitary Service (SFE), as the competent entity for the administration of the registrations of synthetic formulated pesticides (plaguicidas sintéticos), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes), related substances (sustancias afines), and physical carriers (vehículos físicos) for agricultural use.
4.8. Regulatory authority: is the agency, institution, or unit of an OECD member country or a country fully adherent to the Mutual Acceptance of Data (MAD) system of that organization, competent for the evaluation, approval, and/or registration of the IAGT requested for registration in Costa Rica.
4.9. Competent reviewing authority: corresponds to the Ministry of Health, the Ministry of Environment and Energy, as well as the competent dependencies of the SFE of the State of the Ministry of Agriculture and Livestock.
4.10. Change in formulation (Cambio en la formulación): a change in the chemical composition of a synthetic formulated pesticide (plaguicida sintético formulado), where the active ingredient (ingrediente activo) and its content, as well as the type of formulation and agronomic use, remain the same. Said change, according to its nature or extent, may be of two types: non-significant changes (cambios no significativos) or significant changes (cambios significativos).
4.11. Non-significant changes (Cambios no significativos): consists of the exchange of coformulants (coformulantes) that are chemically equivalent, in the same quantity.
4.12. Significant changes (Cambios significativos): are those changes in which the coformulants (coformulantes) are exchanged, added, omitted, or their nominal content is changed. The new coformulant (coformulante) does not necessarily need to have the same function as the previous one, belong to the same chemical class, or already be contained in another previously authorized crop protection product.
4.13. Class of pesticide: refers to the type of activity or target organism for which the pesticide is used.
4.14. Adjuvant (Coadyuvante): chemical substance that contributes, assists, or helps to perform a better action when mixed correctly with a synthetic formulated pesticide (plaguicida sintético formulado).
4.15. Minimum-risk adjuvants and related substances (Coadyuvantes y sustancias afines de mínimo riesgo): corresponds to adjuvants (coadyuvantes) and related substances (sustancias afines) whose principal components and coformulants (coformulantes) in their entirety are found in the "List of authorized components for synthetic formulated pesticides, adjuvants, and related substances (Lista de componentes autorizados para plaguicidas sintéticos formulados, coadyuvantes y sustancias afines)" visible on the web page www.sfe.go.cr of the CA.
4.16. Coformulant (Coformulante) (inert ingredient): non-active ingredient that composes a synthetic formulated pesticide (plaguicida sintético formulado), adjuvant (coadyuvante), or related substance (sustancia afín).
4.17. Principal component of the related substance or adjuvant (Componente principal de la sustancia afín o coadyuvante): substance(s) that exert(s) the main action for the intended use of the adjuvant (coadyuvante) or related substance (sustancia afín).
4.18. Median lethal concentration (CL50): concentration of a substance that causes 50% mortality in the test organisms, usually under 4.19. Representative crop (Cultivo representativo): crop with the greatest extent in the country, based on the latest available report of data provided by SEPSA or another formal organization recognized by the CA.
4.20. Complete data (Data completa): for purposes of interpretation of this regulation, corresponds to the totality of requirements requested for the registration of a technical grade active ingredient (ingrediente activo grado técnico) according to Annex B.
4.21. Test data (Datos de prueba): for the application and interpretation of this regulation, test data (datos de prueba) are undisclosed information that includes the information, data, or documents on the safety and efficacy of a technical grade active ingredient (ingrediente activo grado técnico) or a synthetic formulated pesticide (plaguicida sintético formulado), whose preparation involves a considerable effort, which has not been disclosed to the public, and which is required by the CA for the purpose of granting registration in the country for said technical grade active ingredient (ingrediente activo grado técnico) or synthetic formulated pesticide (plaguicida sintético formulado).
This information is provided within the technical information dossier in all registration modalities. This information, data, or documents, include, according to the type of registration concerned, the following: toxicological studies, ecotoxicological studies, studies on environmental fate, studies on physicochemical properties, analytical methods on the safety and efficacy of a technical grade active ingredient (ingrediente activo grado técnico) or a synthetic formulated pesticide (plaguicida sintético formulado), and efficacy trials regarding the registration of synthetic formulated pesticides (plaguicidas sintéticos formulados).
4.22. Median lethal dose (DL50): amount of a substance that produces a 50% mortality in test animals, in a given period of time.
4.23. Product efficacy (Eficacia del producto): degree of effect that a synthetic formulated pesticide (plaguicida sintético formulado), adjuvant (coadyuvante), related substance (sustancia afín), or physical carrier (vehículo físico) has in relation to the organism considered a pest.
4.24. Packaging/container (Empaque/envase): any container that contains synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes), related substances (sustancias afines), and physical carriers (vehículos físicos) for agricultural use for its delivery as a single product, which covers them totally or partially, and which includes packaging and wrappings. A package may contain several units or types of synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes), related substances (sustancias afines), and pre-packaged physical carriers (vehículos físicos) when offered to the consumer.
4.25. Efficacy Trial (Ensayo de Eficacia): research in a specific crop whose objective is to evaluate the lethal effect or the inhibition of the development of a causal agent (agente causal) by the action of a synthetic formulated pesticide (plaguicida sintético formulado), related substance (sustancia afín) for agricultural use, or physical carrier (vehículo físico).
4.26. Chemical entity (Entidad química): for purposes of this regulation, it is the active ingredient (ingrediente activo) responsible for the biocidal (biocida) or physiological action.
4.27. Application equipment (Equipo de aplicación): device used for the application of substances for agricultural use for the combat of pests and diseases in plants, both in liquid and solid form, in the form of mist or aerosols, in any of the known application methods.
4.28. Equivalence (Equivalencia): determination of the similarity of the profiles of purity/impurities, and toxicological/ecotoxicological profiles, when necessary, for supposedly similar technical materials generated by different manufacturers and by different manufacturing routes, to establish whether they present similar levels of risk.
4.29. Label (Etiqueta): printed or graphic written material that goes on the surface of the container adhered (glued) or stamped to the product container that identifies and describes the product contained in the container.
4.30. Integral evaluation of scientific data (Evaluación integral de los datos científicos): analysis through which the competent reviewing authority (autoridad revisora competente) evaluates the scientific studies submitted for the registration of a technical grade active ingredient (ingrediente activo grado técnico), synthetic formulated pesticide (plaguicida sintético formulado), adjuvant (coadyuvante), related substance (sustancia afín), or physical carrier (vehículo físico) that led to the registration of that substance. Each competent reviewing authority (autoridad revisora competente) will perform the analysis according to its legal competence.
4.31. Registration dossier (Expediente de registro): documentation corresponding to the request for a registration of a technical grade active ingredient (ingrediente activo grado técnico), synthetic formulated pesticide (plaguicida sintético formulado), adjuvant (coadyuvante), related substance (sustancia afín), physical carrier (vehículo físico). It must be ordered in three separate binders: administrative, technical, and confidential, and in the respective thematic order of each of the requirements established in this regulation according to the registration modality in question.
4.32. Manufacturer (Fabricante): individual or collective, natural or legal person who is dedicated to the synthesis or production of technical grade active ingredient (ingrediente activo grado técnico).
4.33. Formulation (Formulación): preparation of synthetic formulated pesticides (plaguicidas sintéticos formulados), adjuvants (coadyuvantes), related substances (sustancias afines) that may contain one or more active ingredients (ingredientes activos), uniformly distributed in one or more components or coformulants (coformulantes) in a form suitable for use, with or without the help of formula conditioners.
4.34. Formulator (Formulador): natural or legal person dedicated to the formulation of synthetic formulated pesticides (plaguicidas sintéticos formulados), adjuvants (coadyuvantes), and related substances (sustancias afines).
4.35. Business group (Grupo empresarial): is the set of one or more companies legally independent of each other, but which are owned by, or are under the control or subordination exercised by, a parent company, controlling entity, or owner.
4.36. Chemical group or family of pesticide: chemical group to which a product belongs, such as organophosphates, carbamates, pyrethroids, and sulfonylureas, among others, using as reference what is established in recognized international organizations.
4.37. Importer (Importador): natural or legal person who imports synthetic formulated pesticides (plaguicidas sintéticos formulados), technical grade active ingredients (ingredientes activos grado técnico), adjuvants (coadyuvantes), related substances (sustancias afines), and physical carriers (vehículos físicos) for agricultural use that comply with the provisions of this regulation.
4.38. Impurity (Impureza): is a byproduct arising from the manufacture of the active ingredient (ingrediente activo) or derived from the active ingredient (ingrediente activo) during formulation or storage.
4.39. Non-relevant impurities (Impurezas no relevantes): are impurities that, compared with the active ingredient (ingrediente activo), are not toxicologically significant for health or the environment. In general, non-relevant impurities (impurezas no relevantes) have manufacturing specification limits equal to or greater than one gram per kilogram (1 g/kg).
4.40. Relevant impurity (Impureza relevante): a byproduct of the manufacture or storage of a pesticide that, compared with the active ingredient (ingrediente activo), is toxicologically significant for health or the environment, is phytotoxic to treated plants, causes stains on food crops, affects the stability of the pesticide, or causes any other adverse effect. An impurity may be non-relevant in one pesticide or product and relevant in another, even though it occurs in both, because relevance is determined by the hazards of impurities relative to that of the active ingredient (ingrediente activo). In general, relevant impurities (impurezas relevantes) are those defined as such and made public by international as well as intergovernmental reference bodies such as the FAO, EFSA, APVMA, EPA, and BVL.
4.41. Administrative information (Información administrativa): is all information qualified and classified as such by this regulation. Access to this information will be given to the officials of the different competent reviewing authorities (autoridades revisoras competentes) involved in the evaluation, third parties to whom the law confers that right, and those authorized by the registrant.
4.42. Confidential information (Información confidencial): is all information qualified and classified as such by this regulation and the current regulations regarding undisclosed information. Access to this information will be given only to the officials that the SFE maintains in the signature registry. Additionally, the competent reviewing authorities (autoridades revisoras competentes) must authorize in writing, before the SFE, the officials who will have access to the confidential information (información confidencial). The authorities with access to the confidential information (información confidencial) will not require prior authorization from the holder of any registration for the review of the dossier.
4.43. Technical information (Información técnica): is all information qualified and classified as such by this regulation. Access to this information will be given to the officials indicated in this regulation, third parties to whom the law confers that right, and those authorized by the registrant.
4.44. Active ingredient (Ingrediente activo): for purposes of this regulation, it shall be understood as a chemical entity (entidad química).
4.45. Technical grade active ingredient (Ingrediente activo grado técnico): the technical grade active ingredient (ingrediente activo grado técnico) can be found under two denominations TC (technical material) and TK (technical concentrate). TC normally has a high concentration of active ingredient (ingrediente activo), may have essential additives such as stabilizers, but does not have diluents or solvents. 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 (ingrediente activo) from the solvent, impurities. Furthermore, TK may have essential additives such as stabilizers, as well as diluents or solvents.
4.46. Equivalent technical grade active ingredient (Ingrediente activo grado técnico equivalente): for the application and interpretation of this regulation, it is considered an equivalent technical grade active ingredient (ingrediente activo grado técnico) to the technical grade active ingredient (ingrediente activo grado técnico) from different manufacturers or from different manufacturing processes or different origins, whose purity/impurity profiles meet the criteria established in the equivalence (equivalencia) determination process.
4.47. Maximum residue limit (LMR): is the maximum concentration of residues of a pesticide (expressed in mg/kg), that is legally permitted in the surface or the inner part of food products for human consumption and feed.
4.48. Certified reference material of active ingredient and related substances: reference material of the active ingredient and related substances, accompanied by a certificate, where one or more values of its specified properties are certified by a procedure that establishes its traceability to an accurate realization of the unit in which the values of the specific properties are expressed, and for which each certified value is accompanied by an uncertainty with an indication of a confidence level.
4.49. Modification to the registration: change in a current registration in accordance with the provisions of this regulation; said registration will retain the registration number with which it was registered.
4.50. Brand name (Nombre comercial): name by which the registrant identifies a specific product for its commercialization.
4.51. Generic or common name (Nombre genérico o común): common name of the active ingredient approved by an official international standardization body.
4.52. Chemical name (Nombre químico): refers to the IUPAC-approved name of the molecule(s) of the active ingredient of a product.
4.53. CAS Number (Número CAS): is a unique numerical identifier that designates only one substance; it has no chemical meaning. It is a link to a large amount of information about a specific chemical substance. It provides a reliable common link between the various nomenclature terms used to describe substances.
4.54. Countries adhering to the OECD Mutual Acceptance of Data (MAD) System: are non-OECD member countries where studies are conducted using standard OECD test methods and that have been evaluated and approved regarding Good Laboratory Practices and are full adherents to that organization's MAD system. The following countries are full adherents to the MAD system: India, Argentina, Brazil, Malaysia, South Africa, and Singapore, as well as countries that in the future are approved by the OECD in that condition.
4.55. Use pattern (Patrón de uso): way in which a formulated synthetic pesticide, adjuvant, related substance, and physical vehicle must be used, which includes the following information: crop, causal agent it controls or effect it produces on the plant (in the case of growth regulators), dose, number of applications, application interval, application method, application type, application timing, pre-harvest interval, re-entry to the area.
4.56. Impurity profile (Perfil de impurezas): maximum concentrations of all impurities (including unknowns) 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 relevant impurities.
4.57. Ecotoxicological profile (Perfil ecotoxicológico): a summary of the ecotoxicological data at endpoints that may have consequences for aquatic and terrestrial organisms, due to possible exposure depending on the intended uses, for a given pesticide.
4.58. Reference profile or source (Perfil o fuente de referencia): is the information of a technical grade active ingredient registered under the full data or recognition modality and on which the quality and hazard analysis was based, and for which a regulatory decision was made and the corresponding registration was granted, and which will be used as the basis for registration by equivalence, in accordance with the provisions of this regulation.
4.59. Toxicological profile (Perfil toxicológico): a summary of the data at toxicological endpoints that may have consequences for human health, due to exposure through various routes, for a given pesticide.
4.60. Pest (Plaga): any living organism that competes with or causes damage to plants or their products and that may be considered as such, due to its economic, invasive, or extensive nature.
4.61. Formulated synthetic pesticide (Plaguicida sintético formulado): commercial product intended for agricultural use for combating pests, which has been prepared from one or more technical grade active ingredients plus the other formulation components or another production process.
4.62. 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.
4.63. New agrochemical product (Producto agroquímico nuevo): is that technical grade active ingredient that contains a chemical entity not found in a registration previously granted in Costa Rica, as a technical grade active ingredient or forming part of a formulated synthetic pesticide.
4.64. Safeners (Protectores): biologically active co-formulant that mitigates the effect of the formulated synthetic pesticide on crops.
4.65. Registrant (Registrante): natural or legal person who requests from the AC the authorization for registration of a formulated synthetic pesticide, technical grade active ingredient, adjuvant, related substance, or physical vehicle for agricultural use.
4.66. Registration (Registro): process by which the AC approves the sale and use of a formulated synthetic pesticide, technical grade active ingredient, adjuvants, related substances, and physical vehicles for agricultural use, 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 or animal health or the environment.
4.67. Renewal (Renovación): procedure by which the validity of the phytosanitary registration of an already registered product is renewed, in accordance with the provisions of this regulation.
4.68. Evaluation report(s) (Reporte(s) de evaluación): official report, monograph, or document by which the regulatory authority of an OECD member country or a country that is a full adherent to the MAD system of that organization integrates and approves the results and bibliographic references of all test reports, studies, and other relevant information submitted by the applicant for approval of an IAGT.
4.69. Residue (Residuo): any specified substance present in food, agricultural products, or animal feed as a consequence of the use of a pesticide. The term includes any derivative of a pesticide, such as conversion products, metabolites, reaction products, or impurities considered to be of toxicological significance. (Note: The term "pesticide residue" includes residues from unknown or unavoidable sources (e.g., of environmental origin), as well as known uses of the chemical).
4.70. Synergist (Sinergista): substance that, together with another, results in a superior effect compared to the effects of each when applied separately.
4.71. OECD Mutual Acceptance of Data (MAD) System: is a multilateral agreement composed of three OECD instruments: i) the Council Decision on the Mutual Acceptance of Data in the Assessment of Chemicals of 1981 (revised in 1997); ii) the Council Decision-Recommendation on Compliance with Principles of Good Laboratory Practice of 1989; and, iii) the Council Decision on the Adherence of Non-Member Countries to the Council Acts related to the Mutual Acceptance of Data in the Assessment of Chemicals of 1997.
4.72. Related substance (Sustancia afín): for the purpose of the application and interpretation of this regulation, related substances are not formulated synthetic pesticides, but rather substances intended for use on 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 glues, seed protectants prior to planting against the action of chemical substances, phytotoxicity protectants as well as growth regulators and physiological inducers, desiccants, and defoliants. In those cases where a related substance has a biocidal effect or toxicological or ecotoxicological relevance, it must be evaluated as a formulated synthetic pesticide.
4.73. Data owner (Titular de la información): Natural or legal person who holds a property right over the information submitted for registration, and therefore can control and dispose of it.
4.74. Registration holder (Titular del registro): natural or legal person who owns the registration of a formulated synthetic pesticide, technical grade active ingredient, adjuvant, related substance, or physical vehicle for agricultural use before the AC.
4.75. Toxicity (Toxicidad): property that a substance and its metabolic or degradation products have to cause damage to an organism that is exposed to it, by any route.
4.76. Physical vehicle containing a pesticide or related substance (Vehículo físico que contiene plaguicida o sustancia afín): inert medium that provides an adequate contact surface or that is used as a support for a previously registered technical grade active ingredient or related substance, with its respective chemical, agronomic, toxicological, ecotoxicological, and environmental fate analyses.
4.77. Single Window for Registration of Agricultural Pesticides, Adjuvants, and Related Substances (Ventanilla Única de Registro de Plaguicidas de Uso Agrícola, Coadyuvantes y Sustancias Afines): physical space located at the SFE, hereinafter referred to as "Single Window" (Ventanilla Única), whose function will be to receive, process, and resolve registration applications for agricultural pesticides, adjuvants, and related substances under the competencies of the Ministries of Agriculture and Livestock, Health, and Environment and Energy involved in the processing of said registration.
5. SYMBOLS AND ABBREVIATIONS For the purposes of this Regulation, the following shall be understood as:
5.1. AC: Competent Authority (Autoridad Competente).
5.2. AMD: Mutual acceptance of data (Aceptación mutua de datos).
5.3. AOAC: Association of Official Agricultural Chemists (by its acronym in English).
5.4. APVMA: Australian Pesticides and Veterinary Medicines Authority (by its acronym in English).
5.5. ASTM: American Society for Testing and Materials (by its acronym in English).
5.6. BVL: Federal Office of Consumer Protection and Food Safety (by its acronym in German).
5.7. BPL: Good Laboratory Practices (Buenas Prácticas de Laboratorio).
5.8. CAS: Chemical identification number (by its acronym in English).
5.9. CIPAC: Collaborative International Pesticides Analytical Council (by its acronym in English).
5.10. DIGECA: Dirección de Gestión de Calidad Ambiental of the Ministerio de Ambiente y Energía.
5.11. EC: European Commission (by its acronym in English).
5.12. EFSA: European Food Safety Authority (by its acronym in English).
5.13. EPA: Environmental Protection Agency of the United States (by its acronym in English).
5.14. FAO: Food and Agriculture Organization of the United Nations (by its acronym in English).
5.15. FIFRA: Federal Insecticide, Fungicide, and Rodenticide Act (by its acronym in English).
5.16. IAGT: Technical grade active ingredient (Ingrediente activo grado técnico).
5.17. IR: Infrared spectrophotometry.
5.18. ISO: International Organization for Standardization.
5.19. IUPAC: International Union of Pure and Applied Chemistry (by its acronym in English).
5.20. LMR: Maximum residue limit (Límite máximo de residuos).
5.21. MAG: Ministerio de Agricultura y Ganadería.
5.22. JMAFF: Ministry of Agriculture, Forestry and Fisheries of Japan (by its acronym in English).
5.23. MASAS: Mass spectrometry.
5.24. MINAE: Ministerio del Ambiente y Energía.
5.25. MINSA or MS: Ministerio de Salud.
5.26. OCDE: Organization for Economic Cooperation and Development.
5.27. OCSPP: Office of Chemical Safety and Pollution Prevention (by its acronym in English).
5.28. RMN: Nuclear magnetic resonance.
5.29. SEPSA: Secretaría Ejecutiva de Planificación Sectorial Agropecuaria.
5.30. SFE: Servicio Fitosanitario del Estado.
5.31. TC: Technical Material (Material Técnico).
5.32. TK: Technical Concentrate (Concentrado Técnico).
5.33. UV-VIS: Ultraviolet-visible spectrophotometry.
5.34. VUI: Ventanilla Única de Inversiones 6. GENERALITIES OF THE REGISTRATION ADMINISTRATION 6.1 COMPETENT AUTHORITY FOR THE REGISTRATION ADMINISTRATION The registration of formulated synthetic pesticides, technical grade active ingredient, adjuvants, related substances, and physical vehicles for agricultural use shall be administered by the SFE, which, for the purposes of application and interpretation of this regulation, shall be the AC and the coordinator of the Single Window (Ventanilla Única).
6.2 PLACE FOR SUBMITTING PETITIONS Any act or petition related to the application or interpretation of this regulation must be submitted to the registration unit of the AC, which shall be the competent body to receive, hear, and process it.
6.3 MANNER OF SUBMITTING PETITIONS AND REGISTRATION FILE 6.3.1 The registrant must submit the information to the AC. Said information must be submitted in the format established by the AC, after prior communication, information, and publication to the registrants; this information constitutes the registration file submitted to the AC for evaluation.
6.3.2 The registration file must be organized into three separate dossiers: administrative, technical, and confidential, and in the respective thematic order of each of the requirements established in this regulation according to the registration modality in question. Furthermore, the information must be submitted with numbered pages.
6.3.3 In the event that the AC implements the use of a computer platform, the information of the registration file may be received and reviewed digitally.
6.3.4 The documents and information contained in the technical and confidential dossiers submitted to the AC to support a registration shall be accepted in English or Spanish. For languages other than those mentioned, an official translation into Spanish must be submitted.
6.3.5 In the case of confidential information, and if the information is submitted in physical form, it must be submitted in duplicate in an envelope, whose folios, original and copy, shall be signed by the official and the user submitting the information, with the copy being returned to the registrant. The AC shall proceed to seal and wax-seal the envelope, which both shall sign in such a way that when the envelope is opened by the official responsible for the confidential information, there is certainty that confidentiality has not been violated. If the previous procedure and formalities are not followed, the AC shall not receive the information. Once implemented in the computer system for connectivity with VUI or another similar system, a file encryption system that guarantees information security shall be used; the information may be submitted in digital format.
6.4 CUSTODY OF THE REGISTRATION FILE 6.4.1 The AC shall take the necessary measures to safeguard the registration file against any unfair commercial use and prevent said information from being disclosed or transferred, especially the information that forms part of the confidential information dossier.
6.4.2 The information forming part of the registration file shall be in the custody of the AC, except when under consultation by the Ministries of Health and of Environment and Energy. During the consultation stage, the custody of the file and its respective dossiers shall be the responsibility of those competent reviewing authorities.
6.4.3 The AC shall prevent third parties without authorization from the owner of the protected test data submitted in the registration file from accessing that protected information. Personnel assigned to the registration procedures may not divulge the test data, except when necessary to protect the public, the environment, and agriculture, provided that in the event of such disclosure, the test data are protected against unfair commercial use. The AC shall protect the test data against disclosure for the period and under the conditions established in this Regulation, subject to the provisions of the Ley de Información no Divulgada and the Regulation to that Law.
6.5 ACCESS TO THE REGISTRATION FILE 6.5.1 Access to the registration file is reserved for the personnel of the Single Window (Ventanilla Única) 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.
6.5.2 For the purpose of maintaining a registry of authorized persons, each competent reviewing authority 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 confidential information dossier shall not leave the custody of the SFE, and authorized officials from MINSA and MINAE may only access it at the place of custody and may not make copies or reproduce said information by manual or electronic means. 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 HANDLING OF THE REGISTRATION FILE Personnel involved in the registration procedures must refrain from directly or indirectly disclosing, without authorization from the registrant or the registration holder, the test data contained in the Technical Information Dossier when it is submitted as confidential, or information from the Confidential Dossier of this regulation, except when such disclosure is necessary to protect the public, the environment, and agriculture, in which case the test data must be protected against any unfair commercial use.
6.7 PUBLIC ACCESS INFORMATION 6.7.1 The following information is considered publicly accessible. The AC shall keep said information updated and available to the public through its website: www.sfe.go.cr.
6.7.1.1 Name, content, and origin of the active ingredients in registered formulated synthetic pesticides and of the registrant companies.
6.7.1.2 List of registrations of formulated synthetic pesticides, technical grade active ingredients in their different modalities, adjuvants, related substances, and physical vehicles for agricultural use, with current registration, as well as their characteristics and conditions of use.
6.7.1.3 Information on natural or legal persons registered before the AC and with current registration.
6.7.1.4 The list of technical grade active ingredients with test data protection, indicating registration number, name under which it is registered, registration modality, name of the holder, start date, and expiration date of protection.
6.7.1.5 List of reference profiles approved by the AC, indicating the name of the technical grade active ingredient, its minimum concentration, registration number, modality through which it was registered, name of the holder, and date on which it was approved as a reference profile.
6.7.1.6 List of analytical methodologies available to the AC, to be used for quality control enforcement and residue analysis purposes. This list must be updated by the Quality Control Laboratory of the SFE.
6.7.1.7 List of authorized components for formulated synthetic pesticides, adjuvants, and related substances.
6.7.2 The following information is considered publicly accessible. The AC shall keep said information available to the public upon request. Subjects requiring the following information must do so by means of a written note, which shall be registered and filed, except for authorized public officials.
6.7.2.1 A report that includes the technical data of public access for the IAGT, formulated synthetic pesticide, adjuvants, related substances, and physical vehicles, and the AC's decision. For the IAGT, compliance with the OECD Guidance for Drafting Evaluation Reports of Plant Protection Products and Their Active Substances, revision 3, April 2008, or subsequent revisions, is recommended. This report shall be available only for products registered under this regulation.
6.7.2.2 The safety data sheet of the formulated synthetic pesticides, technical grade active ingredients in their different modalities, adjuvants, related substances, and physical vehicles for agricultural use with current registration.
6.7.2.3 The label of the formulated synthetic pesticides, technical grade active ingredients in their different modalities, adjuvants, related substances, and physical vehicles for agricultural use with current registration.
6.7.2.4 The pamphlet of the formulated synthetic pesticides, adjuvants, related substances, and physical vehicles for agricultural use with current registration.
6.7.2.5 The maximum limit of the relevant impurities of the technical grade active ingredient.
6.7.2.6 The list of public officials with access to confidential information.
20 6.7.2.7 The technical reports prepared by the reviewing authorities of MINAE, MS, and SFE, excluding information from the confidential dossier and test data, in which the criteria of said authorities are recorded.
6.7.2.8 Method of analysis of the active ingredient.
6.7.2.9 Method of analysis of residues in crops, soil, water, and air.
6.7.2.10 Method of analysis of relevant impurities.
Note. If the registrant considers that the methodologies of points 6.7.2.6, 6.7.2.7, and 6.7.2.8 are confidential, they may submit them as part of the confidential information dossier.
6.8 INFORMATION IN THE PUBLIC DOMAIN When the test data and any other information qualified and classified as confidential or undisclosed have fallen into the public domain in any country due to the publication of the data or information, the presentation of said data or information in scientific or academic media, or through any other means of publication, these data shall cease to be qualified and classified as undisclosed or confidential information, provided that said data have been 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 ON THE REGIME OF PROTECTION OF TEST DATA FOR THE DIFFERENT TYPES OF REGISTRATION 7.1 Regime of protection of test data.
The protection of test data, in accordance with the provisions of this Regulation, the Ley de Información No Divulgada, Law No. 7975 of January 4, 2000, and the Regulation to the Ley de Información No Divulgada, Decreto Ejecutivo No. 34927-JCOMEX-S-MAG, or the regulations in force, shall be applicable to new agrochemical products, as defined in this regulation.
Consequently, no protection shall be granted for that IAGT that contains a chemical entity that is found in a registration previously granted in Costa Rica, as an IAGT or forming part of a formulated synthetic pesticide or physical vehicle.
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 ten-year protection period, established by Article 16 of the Regulation to the Ley de Información No Divulgada No. 34927-J-COMEX-S-MAG. Personnel assigned to the registration procedures must refrain from disclosing, without authorization from the registrant or the registration holder, the test data, except when necessary to protect the public interest, public health, and the environment, and provided the test data are protected against unfair commercial use.
While the protection of the test data in the file is in effect, this information may not be used by other registrants to support their registrations, unless the right holder authorizes it. Once the protection period has expired, authorization from the right holder is not required to support the registration for the registration by equivalence modality.
7.2 Use of the Registration as a reference profile.
The AC may use, at any time, the registration of an IAGT registered by full data or recognition as a reference profile without having to request the authorization of the registrant, except in those cases where it has test data protection.
7.3 Requirements for applying the regime of protection of test data. Any registrant of a new agrochemical product requesting protection of test data that comply with the legal and regulatory provisions must submit a protocolized sworn statement made before a Notary Public, signed by the registrant or its legal representative, indicating:
a. The IAGT for which registration is requested, indicating the common and chemical name according to IUPAC, CAS identification number. In the event that the CAS identification number is not available, the company must justify it.
b. The test data supporting the registration of the IAGT contained in the application; indicating whether the registrant: i) generated the test data; ii) obtained the rights over said test data; or iii) is authorized by another registrant or by the registration holder to use them, as the case may be.
7.4 Limitations In order to ensure the protection of test data, the AC shall not permit the use of test data with current protection as evidence or supporting information for registration by a registrant different from the registration holder, unless the latter has authorized in writing the use of said test data.
7.5 Analysis of the data protection petition When the registrant requests the protection of test data, the AC shall verify that it is a new agrochemical product that is not found in a registration previously granted in Costa Rica, as an IAGT or forming part of a formulated synthetic pesticide or physical vehicle, and shall include it on a list of new IAGTs to which registration is granted, indicating:
1. Registration number.
2. Registration modality.
3. Name under which it is registered.
4. Name of the registration holder.
5. Start date and expiration date of the test data protection period.
7.6 Publicity and term of data protection The term of protection of test data shall be ten years from the date of approval of the registration by the AC. The AC shall make available to the public the list of agrochemical products with test data protection, indicating the name of the protected IAGT, name of the registration holder, start date, and expiration date of the 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 conducted, as well as the study number and its sponsor.
During the term of protection of the test data, only its registration holder or a registrant with written authorization from the holder may use them to verify a new registration. Upon expiration of the term of protection of the test data, the AC may authorize registrations by equivalence, under the protection of the test data generated by a subject different from the registrant, without needing an authorization from the owner of those test data.
8. GENERALITIES OF THE REGISTRATION OF FORMULATED SYNTHETIC PESTICIDES, TECHNICAL GRADE ACTIVE INGREDIENT, ADJUVANTS, RELATED SUBSTANCES, AND PHYSICAL VEHICLES FOR AGRICULTURAL USE 8.1 To register a formulated synthetic pesticide, technical grade active ingredient, adjuvant, related substance, or physical vehicle, the registrant must submit to the AC the registration application form corresponding to each registration modality.
The application must be signed by the legal representative. If the application is submitted by a third party, it must be authenticated by a lawyer or notary public.
8.2 The registration application, consisting of the form along with the administrative, technical, and confidential information, must be submitted in printed form. It may also be submitted in digital form once the AC implements the computer or digital system enabled for such purposes, the procedure for which shall be established via Decreto Ejecutivo.
8.3 Each registration application for a technical grade active ingredient, formulated synthetic pesticide, adjuvant, related substance, and physical vehicle shall be valid only for one manufacturer or formulator, as applicable.
Notwithstanding the above paragraph, several manufacturers of the same IAGT, whose synthesis process is maintained and supervised by the data owner, may be submitted in a single application. The name and address of all factories where the IAGT is manufactured must be indicated. Ownership must be demonstrated by submitting the sworn statement of sponsors from Anexo O, point 1, of this regulation.
In the case of the application that includes several manufacturers with the same synthesis process, the certificate of composition must indicate the name of all manufacturers if issued by the parent company, or it may be submitted for each manufacturer, in addition to the requirements mentioned in this regulation. The five-batch study submitted must have been conducted with the IAGT from one of the manufacturing plants indicated in the registration application.
8.4 Each formulated synthetic pesticide, technical grade active ingredient (ingrediente activo grado técnico), adjuvant (coadyuvante), related substance (sustancia afín), or physical vehicle (vehículo físico) shall have a single registration holder and may be marketed under more than one trade name or brand.
8.5 Formulated synthetic pesticides may be formulated from more than one source of the same technical grade active ingredient from different manufacturers. Each of the technical grade active ingredients must be registered with the AC with the respective evaluation and approval by the reviewing authorities according to their competencies.
8.6 All registrations shall have a validity of ten years from their inscription. The registrant may submit the registration renewal application in accordance with the provisions of this regulation, prior to its expiration.
8.7 At the request of any of the parties, hearings may be held for informational purposes on the scope of the application submitted.
8.8 In the event of modifications or changes to the guides prepared by the competent reviewing authorities, it shall be made known to the general public through a notice on the AC's website and shall be available to interested parties for consultation, for a period of 10 business days, prior to the implementation of the changes or modifications. The changes or modifications to said guides shall be adopted by the AC one month after the notice is published on the AC's website, unless they are substantive changes, in which case they shall be adopted 6 months after the publication of the indicated notice.
9 GENERALITIES OF THE REGISTRATION APPLICATION INFORMATION 9.1 All information and studies required according to the registration modality shall be accepted for evaluation, provided they are conducted by companies, professionals, universities, national bodies, and international bodies with the corresponding studies or protocols in accordance with what is indicated in this regulation and that they are carried out with the product intended for registration. For these purposes, the corresponding studies and/or protocols must be submitted.
9.2 In cases where the toxicological and ecotoxicological (ecotoxicológicos) studies submitted differ regarding the minimum concentration of the technical grade active ingredient to be registered, they shall be accepted provided that the latter does not present relevant impurities above the limit, according to the criteria of international reference bodies. Otherwise, studies must be submitted for the technical grade active ingredient according to the composition to be registered.
9.3 The physical and chemical, toxicological, ecotoxicological (ecotoxicológicos), and environmental fate analysis studies, trials, and methods requested in this regulation must have preferably been carried out following Good Laboratory Practices (BPL) and the established guide, which must be stated in the documents delivered. In case the BPL were not applied, the study must have been carried out following the guides mentioned in point 9.4.
9.4 The guidelines, studies, trials, and methods of physical and chemical, toxicological, ecotoxicological, and environmental fate analysis requested in this regulation shall be carried out following the guides established by OCSPP, CIPAC, AOAC, JMAFF, OECD, EC, ASTM, clearly indicating the code or number and year of the guide used.
9.5 If a guide different from the recommended one is used, 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, laboratory name and signature of the study director, sponsor's name, identity of the test substance (chemical name according to IUPAC, common name, CAS number, and if the study was conducted with the IAGT or with the pure active ingredient), purity (concentration) of the active ingredient, lot number, name of the manufacturer or formulator of the substance used and its origin, introduction, materials, methods, results consistent with observations along with consolidated results tables, discussion, and conclusions.
The studies to be submitted must be accompanied by the results obtained, including a sample calculation, spectra, and chromatograms (cromatogramas), if applicable. The requirements for toxicological and ecotoxicological (ecotoxicológicos) studies shall be specified in the respective section according to the registration modality and the type of study.
9.6 The analytical methodologies for determining the physical-chemical quality, residues of the substance(s), determining the purity of the IAGT or main component, determining impurities greater than or equal to 1 g/kg, and relevant impurities associated with the IAGT, must be submitted to the AC along with the registration application.
Said methods must be validated in compliance with the established guide and mentioned in the document, clearly describing how they were performed and the results obtained, and the chromatograms (cromatogramas) must also be submitted. Methods validated by CIPAC or other international bodies do not require analytical validation, unless they undergo alterations or modifications. However, for the case of IAGT and impurities, the verification of the official method (precision and accuracy only) must be submitted.
9.7 The certificates or records supporting the registration application of a product must have been issued within a period of less than two years prior to their submission date to the AC. These documents must be submitted duly authenticated (legalizados) when they originate from abroad.
9.8 Regarding the label and the leaflet (panfleto), the Central American Technical Regulation RTCA 65.05.67:18 Agricultural Inputs. Technical Grade Active Ingredient, Formulated Chemical Pesticides, Related Substances, Adjuvants, and Physical Vehicles for Agricultural Use; as well as the requirements for the preparation of labels and leaflets (panfletos), defined in Resolution No. 434-2020 (COMIECO-XCIII), Executive Decree No. 42932-COMEX-MEIC-MAG, published in the Official Gazette La Gaceta No. 114 of June 15, 2021, or the regulation in force, shall apply. The information on the label and leaflet (panfleto) must match what is indicated in the dossier (expediente).
9.9 In exceptional cases, the competent reviewing authorities have the power to request information or additional studies to those provided in the application by the registrant, when this information is essential for the resolution of the registration. Such a requirement shall be made in writing only once and indicating the technical and scientific justifications for said requirement.
9.10 In cases where there are differences in the addresses, sponsors, manufacturers, or origin of the sample for the studies requested in the technical dossier (legajo técnico), the notarized affidavit (declaración jurada protocolizada) with the information indicated in Annex O must be attached. In the case of studies that make up the confidential dossier (legajo confidencial), these must be conducted on the product to be registered; therefore, the sample or samples used for the determination of these studies must be synthesized or produced by the manufacturer or formulator intended for registration.
9.11 Ecotoxicological and environmental fate studies: In the event that the registering company has more than one study for any of the indicated requirements, it may submit one or several studies as long as the study with the most critical value (the lowest concentration causing a toxic effect or the greatest persistence) is included among them. If more than one study is provided, the technical justification must be submitted to demonstrate that in the environmental risk assessment a value different from the most critical one, supported by the additional studies, can be used, which shall be analyzed by MINAE. In those cases where MINAE verifies in recognized and validated international reports, corresponding to the IAGT to be registered, that there are more critical values than those obtained through the studies presented in the dossier (expediente), MINAE shall consider said values for conducting its analyses.
9.12 The competent reviewing authorities may recognize the evaluations of the technical studies required for the registration of full data IAGT, carried out by the regulatory authorities of the OECD member countries and of the countries adhering to the OECD Mutual Acceptance of Data (AMD) System, provided that said studies are conducted with the IAGT intended for registration and that it appears in the information presented by the registrant in the Confidential Dossier (Legajo Confidencial); in addition, these same studies must have been approved by the OECD member country or a country adhering to the OECD AMD system, according to what is indicated in the Evaluation Report(s). The IAGT must be registered or approved in the OECD country or in a country adhering to the OECD AMD system that performed the evaluations of the IAGT. The procedure to follow shall be as indicated in point 12.1.2 of this regulation. The party interested in requesting recognition of the evaluation of the technical studies carried out by the Regulatory Authority must submit their application to the unit that administers registration at the SFE and comply with the following requirements, in addition to those indicated in Annex B:
9.12.1 The full title of the study or studies to be recognized and the page or folio number where it is located must be indicated in the application.
9.12.2 Notarized affidavit before a notary public (Declaración jurada ante notario público protocolizada) stating that the evaluation report was the one issued and approved by the OECD regulatory authority. Furthermore, it must state that the technical studies provided as part of the registration application process and for which recognition of the study evaluation is requested, correspond to the same studies that were approved by the Regulatory Authority of the OECD member country or the regulatory authority of the country adhering to that organization's AMD system.
9.12.3 Provide the Evaluation Report(s) issued by the regulatory authority, which must contain the evaluations and approvals of the studies intended for recognition. If it was issued in a language other than Spanish or English, an official translation into Spanish must be submitted.
9.12.4 The IAGT to be registered must coincide in terms of origin, manufacturer, and minimum active ingredient concentration with that registered or approved in the OECD country or in a country adhering to the OECD AMD system.
9.13 For efficacy and phytotoxicity (fitotoxicidad) trials submitted to the AC, these must have been developed in accordance with the standard protocol for biological efficacy trials (ensayos de eficacia biológica) for pesticides for agricultural use, according to the regulation in force.
9.14 For efficacy trials conducted abroad, they shall be accepted if they were developed under agroecological conditions similar to those required by the crop and the manifestation of the pest in Costa Rica and must comply with all the requirements stipulated in the regulation in force. The trials, protocols used, and their results must be assessed by the AC, prior to their acceptance. Said studies must include the validation of the researcher or institution that conducted them and must also be duly authenticated (legalizados). The registrant must also submit a justification comparing the conditions where the trial was conducted with the conditions in Costa Rica for the crop under study.
9.15 When the registration holder has submitted efficacy trials to the AC for a specific commercial product, they may, for its analysis, submit the validation application for said trials for other crops of the same botanical family and for the same pest or phytopathological complex, attaching the information and documents supporting the application. In the case of uses already approved by the AC for the same pest, it shall not be necessary to conduct efficacy trials to add new crops, when due to the use pattern and ecophysiological (ecofisiológicos) aspects of the crop they do not interfere with efficacy, which shall be assessed by the AC.
9.16 The registrant must demonstrate that the requested use pattern of the formulated synthetic pesticide complies with the MRL authorized in the country. This demonstration may be made by providing technical justifications or references for residues in other products that have the same active ingredient and have been evaluated in a region with agroecological conditions and a GAP similar to the one to be registered or modified, which shall be assessed by MINSA on a case-by-case basis.
In situations where the registrant cannot provide the above, the corresponding evidence must be provided, such as residue studies or decline curves for the product to be registered or modified, as applicable, in order to determine that the MRL according to the proposed use will be met.
In cases where a decrease in the MRL occurs, the registrant shall have a period of 6 months to request the change in the use pattern when applicable.
10. REGISTRATION MODALITIES 10.1 As established in this regulation, the registration modalities are the following:
10.1.1 Registration of Technical Grade Active Ingredient 10.1.2 Registration of Formulated Synthetic Pesticides.
10.1.3 Registration of Adjuvants and Related Substances (coadyuvantes y sustancias afines).
10.1.4 Registration of Physical Vehicles with Incorporated IAGT or Related Substance (Vehículos físicos con IAGT o sustancia afín incorporada).
10.2 The registration of technical grade active ingredient has the following registration modalities:
10.2.1 Registration of Technical Grade Active Ingredient with Full Data Evaluation.
10.2.2 Registration of Technical Grade Active Ingredient with Full Data by Recognition of the Evaluation of Technical Studies.
10.2.3 Registration of Technical Grade Active Ingredient by Equivalence.
11. GENERAL ASPECTS OF THE PROCEDURE FOR ALL REGISTRATION MODALITIES 11.1 General, administrative, technical, and confidential requirements applicable.
For each of the different registration modalities, the registrant must comply with the general, administrative, technical, and confidential requirements established in this regulation.
The substantive review process initiation shall not be permitted for any registration application that does not comply with the admissibility process before the AC, as part of the verification process that all administrative, technical, and confidential requirements defined for each registration modality have been provided.
11.2 Submission of the application To process the registration application, according to the modalities provided for in this regulation, the registrant must use the corresponding registration application form. For these purposes, registrants must comply with the submission of all administrative, technical, and confidential requirements defined for each of the registration modalities according to the annexes of this regulation.
The registration process shall be carried out before the unit that administers registration at the SFE. The AC shall be the competent body to carry out the admissibility analysis of the application in the terms indicated in the following article, and each competent reviewing authority shall perform the technical evaluation according to its competencies.
11.3 Admissibility procedure Once the registration application is submitted, the AC must conduct an admissibility review, for which it shall verify that, together with the application, the registrant provides all the administrative, technical, and confidential requirements provided for in this regulation according to the corresponding registration modality, without analyzing the substantive content of such information. For these purposes, the AC must conduct the admissibility review of the application within the following 21 calendar days from the delivery of the application.
The requirements established in this regulation for each registration modality are the only requirements that may be demanded at this stage; therefore, the AC is not authorized to request additional requirements.
Once the admissibility process is completed and if the procedure is admitted, the AC must transfer, within a maximum period of three calendar days, the registration application to the competent reviewing authority, according to the registration modality requested by the registrant.
The substantive analysis of the administrative, technical, and confidential requirements shall correspond to the competent reviewing authorities.
11.4 Single Prevention Order Within the deadlines defined in this regulation, in the admissibility phase, the AC must issue a prevention order (prevenir) to the registrant only once for the submission of any missing document, rectification, or correction of any administrative, technical, or confidential requirement relating to the registration application. Such prevention order suspends the Administration's resolution period, granting for this purpose a period of 40 business days for compliance with the items subject to the prevention order, a period that may be extended for an additional 20 business days, only once, through a duly justified request by the registrant. Such prevention order shall be made based on the respective admissibility instructions defined by the AC for each registration modality, without being able to establish requirements different from those contemplated in this regulation, which shall be available on the AC's website.
Once the prevention order has been complied with by the registrant, the AC shall proceed to review the response provided and determine if the registrant complied with the submission of each of the items subject to the prevention order.
11.5 Archiving of the procedure in the admissibility stage Once the deadline indicated in the preceding article has expired, if the AC verifies that the original non-compliances or inconsistencies were not fully rectified by the registrant, it shall order the definitive archiving of the procedure, an act that must be communicated to the registrant; in accordance with the provisions of Article 264 of the General Law of Public Administration. This resolution shall have the ordinary and extraordinary remedies contemplated in the General Law of Public Administration.
11.6 Evaluation by the competent reviewing authority MINSA, MINAE through DIGECA, as well as the competent reviewing authorities of the MAG's SFE, must carry out the review of the substantial aspects of the registration application, the analysis of the documentation provided, and render the respective binding opinions (dictámenes vinculantes) in order to verify that the registration application complies with the applicable administrative, technical, and confidential requirements for the different registration modalities provided for in this regulation; with the objective 30 of verifying that the product does not affect human health, the environment, or agriculture. Said reports shall be sent to the AC to be incorporated into the administrative dossier (expediente administrativo) and to proceed as appropriate.
The competent reviewing authority shall analyze the substantive aspects of the administrative, technical, and confidential requirements, according to their competencies and according to the applicable registration modality.
The AC shall publish on its website www.sfe.go.cr a guide directed to the registrant, for each registration modality, so that the registration application, along with the corresponding requirements, is submitted by the registrant completely and correctly.
11.7 Request for clarification or addition of technical information As part of the technical evaluation process, each competent reviewing authority has the power to request, only once and in a justified manner, clarifications and additional technical information to that provided in the registration application, provided that this information is essential to carry out the substantive analysis of the application and, therefore, to verify that the product does not affect health, the environment, or agriculture and without this implying establishing additional requirements to those previously established for each registration modality. Said requests for clarification and addition shall be sent to the AC, to be notified to the registrant, and shall suspend the Administration's resolution period.
For these purposes, the registrant shall be granted a period of 60 business days, which may be extended, at their express and justified request, only once and for an equal additional period. When clarification is required from the registrant regarding the addition or clarification request, within the period of 5 business days following notification of the addition or clarification request, the interested party may request a technical coordination meeting from the AC on the aspects that are the subject of the clarification or addition. This deadline is peremptory.
Once the period granted for the addition or clarification has expired and if the registrant did not submit the required information or clarifications to the AC, the procedure shall be declared without merit and its archiving shall proceed, in accordance with the provisions of Article 264 of the General Law of Public Administration. This resolution shall have the ordinary and extraordinary remedies contemplated in the General Law of Public Administration. The AC shall communicate the corresponding resolution to the registrant, for its incorporation into the respective dossier (expediente).
11.8 Issuance of technical reports by the competent reviewing authorities.
Once the technical evaluation process of the applications by the competent reviewing authorities is completed, each of them, according to their scope of competence and the administrative, technical, and confidential requirements of each registration modality, must issue a technical report within the specific deadline defined for each registration modality, which shall be sent to the AC.
If the technical evaluation by the competent reviewing authorities determines that the product presents unacceptable risks to the environment, agriculture, and human or animal health, the competent reviewing authority shall issue a negative report and send said report to the AC so that it proceeds to issue a final resolution denying the registration application and its archiving. This is without prejudice to the administrative remedies that correspond against the denial act as established in the General Law of Public Administration.
11.9 Publication of edicts and oppositions:
11.9.1 If the recommendation of the competent reviewing authorities is the approval of the information presented in the registration application, the AC proceeds to prepare the edict, which shall be notified within a period of five calendar days to the interested party through a resolution.
11.9.2 It must be published only once in the Official Gazette La Gaceta by the interested party. Said edict must contain a brief description of the product to be registered.
11.9.3 Once the edict is published, the period for oppositions opens, which is 10 business days counted from the day following publication, within which any third party demonstrating a legitimate interest may oppose the registration of the product.
11.9.4 Oppositions must be reasoned and substantiated, as well as clearly and precisely express the aspects and points on which the granting of the registration is opposed. In addition, the opponent must provide all documentary evidence and legal, technical, or scientific substantiation that supports their opposition.
11.9.5 The opposition brief must indicate the name and qualifications of the opponent, and the place or means for receiving notifications.
11.9.6 The AC, within a term of seven calendar days from receipt of the opposition, shall notify the registrant so that they may pronounce on the oppositions within a period of fifteen business days and provide any exculpatory evidence they deem pertinent in defense of their interests.
11.9.7 Once the period for oppositions is closed, the AC shall proceed to analyze and assess the case in matters of its competence. If the opposition concerns matters of competence of MINSA and MINAE, it shall communicate the relevant information to the competent reviewing authority to issue a technical opinion in this regard.
11.10 Permanent electronic means The registrant must designate an email address as the sole means for receiving notifications related to the registration procedure. The security of the designated account is the responsibility of the registrant. The electronic means may be modified by the registrant at any time, without prejudice to the legal consequences arising up to that moment resulting from notifications made to the previously indicated permanent electronic means.
12. SPECIFIC ASPECTS OF EACH REGISTRATION MODALITY 12.1 REGISTRATION OF TECHNICAL GRADE ACTIVE INGREDIENT WITH FULL DATA EVALUATION For the purposes of this regulation, a technical grade active ingredient contains a single chemical entity. This registration modality is mandatory for all technical grade active ingredients not yet registered in the country, except when the registration by recognition of the evaluation of technical studies or by equivalence is applied.
12.1.1 Administrative, technical, and confidential requirements To process the registration application under this modality, the registrant must complete and submit the application form of Annex A; likewise, they must comply with the submission of all requirements defined in the administrative information dossier (legajo de información administrativa), the technical information dossier (legajo de información técnica), and the confidential information dossier (legajo de información confidencial), found in Annex B of this regulation and, by way of exception, the requirements of numeral 9.12 if recognition of the evaluation of technical studies is requested.
12.1.2 Procedure for technical evaluation of the IAGT registration application with full data evaluation Once it has been determined that the application complies with the admissibility process provided for in Article 11.3 of this regulation, it shall proceed as indicated below:
The analysis of the information shall be carried out in accordance with what is requested in the requirements corresponding to this registration modality in this regulation, following this order:
1. Chemical analysis.
2. Toxicological, ecotoxicological (ecotoxicológico), and environmental fate analysis simultaneously.
3. Agronomic analysis.
The application shall be transferred to the competent dependency of the AC for the analysis of the chemical aspects. For these purposes, the reviewing official has a period of 75 calendar days to carry out the chemical analysis corresponding to the analysis of the requirements indicated in Annex B of this regulation.
Once said analysis is completed, and if the report is positive, it must be immediately transferred to the unit that administers the AC's registration. If the report is negative, it shall also be immediately sent to the AC, so that it proceeds to issue the final resolution denying the registration application and its archiving. This is without prejudice to the administrative remedies that correspond against the denial act as established on the matter in the General Law of Public Administration.
Once the positive chemical report is incorporated into the dossier (expediente), the AC shall simultaneously transfer the registration application to the competent authorities of MINSA and MINAE.
Within the period of 42 calendar days, both institutions shall carry out the technical evaluation of the information presented, according to their competence and corresponding to the analysis of the requirements indicated in Annex B of this regulation.
Once said analyses are completed, and if the reports are positive, they must be immediately transferred to the unit that administers the AC's registration. If the report is negative, it shall be immediately sent to the AC, so that it proceeds to issue the final resolution denying the registration application and its archiving. This is without prejudice to the administrative remedies that correspond against the denial act as established on the matter in the General Law of Public Administration.
Once the positive reports from MINAE and MINSA are incorporated into the dossier (expediente), the AC shall transfer the registration application to its competent dependency for the purpose of continuing with the last stage of technical review, corresponding to the agronomic analysis.
For these purposes, the competent dependency of the AC has a period of 15 calendar days to carry out the agronomic analysis and verification of the safety data sheet and label with the information approved by each competent reviewing authority (Annex B).
Once said analysis is completed and if the report is positive, it must be immediately transferred to the unit that administers the AC's registration. If the report is negative, it shall be immediately sent to the AC, so that it proceeds to issue the final resolution denying the registration application and its archiving. This is without prejudice to the administrative remedies that correspond against the denial act as established on the matter in the General Law of Public Administration.
Once the positive reports have been transferred by the competent reviewing authorities to the AC, it shall issue the edict in accordance with numeral 11.9. In the event of no opposition or if it does not proceed, the AC shall prepare the registration resolution in the terms indicated in the following numeral.
In order for the registrant to have visibility of the progress of their application and for informational purposes, once the positive report is issued by the reviewing authorities at each of the preceding stages, said report shall be communicated to the registrant within a maximum period of three calendar days after its issuance.
12.1.3 Approval Resolution Once the technical evaluation process of the applications by the competent reviewing authorities is completed and the corresponding positive reports are received, the AC shall issue the approval resolution within a maximum period of 6 calendar days, an act that shall be issued and communicated to the registrant within a maximum period of 3 calendar days counted from the issuance of said resolution.
12.2 REGISTRATION OF TECHNICAL GRADE ACTIVE INGREDIENT WITH COMPLETE DATA BY RECOGNITION OF EVALUATION OF TECHNICAL STUDIES This registration modality is regulated in Executive Decree No. 42769- MAG- SMINAE "Registration of Technical Grade Active Ingredient through recognition of the evaluation of technical studies approved by the Regulatory Authorities of OECD member countries and OECD adherent countries" or in the executive decree that is in force in its place.
12.3 REGISTRATION OF TECHNICAL GRADE ACTIVE INGREDIENT BY EQUIVALENCE 12.3.1 Reference Profile or Source The reference profile or source must be a TGAI registered with complete data (according to the definition established in this regulation), by the decree of recognition of studies from OECD countries or the national regulations in force. There may be two or more reference profiles that meet the conditions mentioned above. The registrant must clearly indicate in the registration application (Annex C) the registration number of the reference profile with which they wish to compare.
For the determination and establishment of a reference profile by the AC, a letter of authorization from the registrant of the TGAI will be required when there is data protection for test data in force; otherwise, it will not be necessary to have the letter of authorization. The reference profile will be maintained, even if the registration is subsequently canceled at the request of the holder or the validity period expires without having been renewed. For these cases, the AC will be responsible, guaranteeing to the registrant that the information will not be used unfairly, and releasing from liability regarding the use of the information deposited in the SFE. The SFE will publish on its website the available reference profiles so that the registrant can decide which reference profile to adopt. Only those reference profiles that are on the website will be accepted to initiate the equivalence process.
12.3.2 Determination of Equivalence The registration of TGAI by equivalence shall be granted to any TGAI that demonstrates the similarity of impurity profiles under the parameters of the threshold I application, or, under the parameters of the threshold II application, which are presented for equivalent technical materials, to establish whether they present similar levels of risk. The determination of equivalence involves a comparative evaluation of impurity profiles, either of the TGAIs (TC/TK) in threshold I, or, under the comparison of acute toxicological and ecotoxicological profiles in threshold II.
12.3.3 Cases in which the equivalence evaluation must be performed This registration modality applies in the following cases:
12.3.3.1 When a registrant (whether a new registrant or the holder of the registration of a previously registered technical grade active ingredient) requests to register by equivalence a technical grade active ingredient with respect to the same chemical entity previously registered under the complete data or recognition of studies modality.
12.3.3.2 When the manufacturer makes a change in the synthesis process of a previously registered technical grade active ingredient, under the complete data or recognition of studies modality. Changes in the production site, maintaining the same synthesis route and supervision by the holder, do not require an equivalence evaluation.
The foregoing provided that the protection period that had been granted in Costa Rica for the test data of the technical grade active ingredient that the AC uses as evidence or supporting information for the registration has expired; or the registrant is the holder of the registration of the technical grade active ingredient that has protection for the test data; or the holder of said registration has authorized the use of said test data.
12.3.4 Application for registration by equivalence The registrant must submit the registration application in accordance with the requirements and procedure for threshold I. In the event that equivalence is not demonstrated at this threshold, they may submit a new application in accordance with the requirements and procedure for threshold II.
12.3.5 Application for equivalence under Threshold I 12.3.5.1 General, administrative, technical, and confidential requirements To process the registration application according to this modality, the registrant must complete and submit the form in Annex C of this regulation, indicating that the application is for threshold I. Likewise, they must comply with the general requirements, as well as the submission of all the requirements defined in the administrative information dossier, the technical information dossier, and the confidential information dossier, which are found in Annex D (threshold I) of this regulation.
The registrant must review the list of existing reference profiles issued by the AC and published on the website: www.sfe.go.cr.
12.3.5.2 Applicable parameters for determining equivalence based on purity/impurity profiles The evaluation will be carried out with the requirements requested for this modality in Annex D, and the procedure that the AC will publish on its website www.sfe.go.cr.
Within the technical analysis, the new source is considered equivalent to the reference source if it meets the following list of requirements:
a. The certified minimum purity of the active ingredient is not less than that of the reference source (taking into account the isomer ratio, when appropriate).
b. No new impurities are present.
c. The limits of relevant impurities, as certified by the reference source, have not been increased.
d. The certified limits for all non-relevant impurities, as certified in the reference source, must not be exceeded beyond the following levels:
Table 1. Decision criterion for establishing equivalence in Threshold I | Decision criterion for establishing equivalence in Threshold I Based on the "Manual on Development and Use of FAO and WHO Specifications for Pesticides" | | | --- | --- | | Certified limits of non-relevant impurities in the technical specifications of the reference | Maximum acceptable increase | | ≤ 6 g/kg | 3 g/kg | | > 6 g/kg | 50% of the certified limit | 12.3.5.3 Decision-making for Threshold I Based on the criterion mentioned above, the chemical analysis can lead to the following conclusions:
a. The profile evaluated in Threshold I is equivalent to the reference profile; therefore, a positive opinion is issued by the AC.
b. The profile evaluated in Threshold I is not equivalent because the minimum concentration of the TGAI is less than the concentration of the TGAI in the reference profile; therefore, a negative opinion is issued by the AC and the proceeding is archived.
c. The profile evaluated in Threshold I is not equivalent because it presents new relevant impurities or in higher concentration compared to the reference profile; therefore, a negative opinion is issued and the proceeding is archived.
d. The profile evaluated is not equivalent to the reference profile based solely on the Threshold I criterion; therefore, a negative opinion is issued and the proceeding is archived; however, the registrant is empowered to submit a new equivalence application under Threshold II, so that it can be technically analyzed whether the alteration of the impurity profile leads to an unacceptable increase in risk, making the new source not equivalent to the reference source.
12.3.5.4 Technical evaluation procedure for the TGAI registration application by equivalence under threshold I.
Once it has been determined that the application meets the admissibility process provided in Article 11.3 of this regulation, the process will proceed in the terms indicated below:
The analysis of the information will be carried out in accordance with what is requested in the requirements indicated in Annex D of this regulation. The AC will simultaneously forward the registration application to the chemical and agronomic area for their respective analysis.
For these purposes, the reviewing authorities of the chemical and agronomic area have a period of 63 calendar days to carry out the chemical and agronomic analysis.
Once these analyses are performed, and if the reports are positive, they must be immediately forwarded to the unit that administers the AC registration. The edict will be issued in accordance with numeral 11.9 and in case there is no opposition or if it does not proceed, the AC will prepare the registration resolution in the terms indicated in numeral 12.3.5.5.
In the event that any of the reports is negative, it will be sent immediately to the AC, so that it can proceed to issue the final resolution denying the registration application and archiving it. The foregoing without prejudice to the administrative appeals that may correspond against the denial act according to what is established on the matter in the General Law of Public Administration.
In order for the registrant to have visibility of the progress of their application and for informational purposes, once the positive report is issued by the reviewing authorities at each of the preceding stages, said report shall be communicated to the registrant within a maximum period of three calendar days after its issuance.
12.3.5.5. Approval Resolution Once the technical evaluation process of the applications by the competent Reviewing Authorities is completed and the corresponding positive reports are received, the AC shall issue the approval resolution within a maximum period of 6 calendar days, an act that shall be issued and communicated to the registrant within a maximum period of 3 calendar days from the issuance of said resolution.
12.3.6 Application for equivalence under Threshold II This application applies only in cases where the AC resolution corresponding to the application based on threshold I concludes what is indicated in point d of numeral 12.3.5.3.
12.3.6.1 General, administrative, and technical requirements To process the registration application according to this modality, the registrant must complete and submit the form in Annex C of this regulation, indicating that the application is for threshold II. Likewise, they must comply with the general requirements, as well as the submission of all the requirements defined in the administrative information dossier and the technical information dossier, which are found in Annex E (threshold II) of this regulation.
12.3.6.2 Applicable parameters for determining toxicological and ecotoxicological equivalence a. Equivalence of the toxicological profiles of a technical grade active ingredient The toxicological profile will be considered equivalent to the reference profile when the toxicological information provided for the new source (Toxicological Requirements for the evaluation of the Ministry of Health, Annex E) does not differ by more than a factor of 2 compared to the reference profile, or by a factor greater than the appropriate dose increments in the studies of the reference profile (if greater than 2). There must be no changes in the evaluation of studies that produce categorical results (for example, dermal irritation, eye irritation, or sensitization).
b. Equivalence of the ecotoxicological profiles of a technical grade active ingredient b.1 The analysis must be based on any available ecotoxicological information, applying what is indicated in the document: "Procedure for the determination of the ecotoxicological equivalence of technical grade active ingredients (TGAI) in threshold II" that is published on the DIGECA website, www.digeca.go.cr, and can also be found on the SFE website, www.sfe.go.cr. The new source is considered equivalent to the reference source if for each of the terrestrial organisms (birds and bees) and aquatic organisms (fish, daphnids, and algae) one of the following results was obtained:
b.1.1 The ecotoxicological data of the new source obtained from its own studies do not differ by more than a factor of 5 compared to the reference profile (or by a factor greater than the appropriate dose increments, if greater than 5), when determined with the same species.
b.1.2 The increase in toxicity of the new source based on the information of the impurities present is less than a factor of 2 compared to the reference profile.
b.2 If for one or more organisms results were obtained indicating there is no equivalence, the new source TGAI will not be considered equivalent to the reference profile TGAI.
12.3.6.3 Technical evaluation procedure for the TGAI registration application by equivalence under threshold II.
Once it has been determined that the application meets the admissibility process provided in Article 11.3 of this regulation, the AC will simultaneously forward the registration application to the competent authorities of MINSA and MINAE.
- a)Ecotoxicological and toxicological analysis.
Within a period of 42 calendar days, MINSA and MINAE will perform the technical evaluation of the information submitted by the registrant, according to their competence and corresponding to the analysis of the requirements indicated in Annex E of this regulation.
Once these analyses are performed, and if the reports are positive, they must be immediately forwarded to the unit that administers the AC registration.
In the event that either of the two reports is negative, it must be sent immediately to the AC, so that it can proceed to issue the final resolution denying the registration application and archiving the application. The foregoing without prejudice to the administrative appeals that may correspond against the denial act according to what is established on the matter in the General Law of Public Administration.
Once the positive reports from MINAE and MINSA are incorporated into the file, the AC will forward the registration application to its competent department with the objective of continuing with the last stage of technical review, corresponding to the agronomic analysis.
- b)Agronomic Analysis The competent department of the AC has a period of 15 calendar days to carry out the agronomic analysis and verification of the safety data sheet and label with the information approved by each competent reviewing authority (Annex E).
Once said analysis is performed and if the report is positive, it must be immediately forwarded to the unit that administers the AC registration.
In the event that the report is negative, it will be sent immediately to the AC, so that it can proceed to issue the final resolution denying the registration application and archiving the application. The foregoing without prejudice to the administrative appeals that may correspond against the denial act according to what is established on the matter in the General Law of Public Administration.
Once the positive reports have been forwarded by the competent reviewing authorities to the AC, it will issue the edict in accordance with numeral 11.9. In case there is no opposition or if it does not proceed, the AC will prepare the registration resolution in the terms indicated in numeral 12.3.7.
In order for the registrant to have visibility of the progress of their application and for informational purposes, once the positive report is issued by the reviewing authorities at each of the preceding stages, said report shall be communicated to the registrant within a maximum period of three calendar days after its issuance.
12.3.7 Approval Resolution Once the technical evaluation process of the applications by the competent Reviewing Authorities is completed and the corresponding positive reports are received, the AC shall issue the approval resolution within a maximum period of 6 calendar days, an act that shall be issued and communicated to the registrant within a maximum period of 3 calendar days from the issuance of said resolution.
12.4. REGISTRATION OF FORMULATED SYNTHETIC PESTICIDES 12.4.1 General, administrative, technical, and confidential requirements To process the registration application according to this modality, the registrant must complete and submit the form in Annex F; likewise, they must comply with what is indicated in the general requirements in addition to the submission of all the requirements defined in the administrative information dossier, the technical information dossier, and the confidential information dossier, which are found in Annex G of this regulation.
12.4.2 Technical evaluation procedure for the registration application of formulated synthetic pesticides Once it has been determined that the application meets the admissibility process provided in Article 11.3 of this regulation, the process will proceed in the terms indicated below:
The analysis of the information will be carried out in accordance with what is requested in the requirements that correspond to this registration modality in this regulation, complying with the following order:
1. Chemical analysis. 2. Toxicological, ecotoxicological, and environmental fate analysis simultaneously. 3. Agronomic analysis.
The application will be forwarded to the competent department of the AC for the analysis of the chemical aspects. For these purposes, the reviewer has a period of 45 calendar days to carry out the chemical analysis that corresponds to the analysis of the requirements indicated in Annex G of this regulation.
Once said analysis is performed, and if the report is positive, it must be immediately forwarded to the unit that administers the AC registration. In the event that the report is negative, it will be sent immediately to the AC so that it can proceed to issue the final resolution denying the registration application and archiving it. The foregoing without prejudice to the administrative appeals that may correspond against the denial act according to what is established on the matter in the General Law of Public Administration.
Once the positive chemical report is incorporated into the file, the AC will simultaneously forward the registration application to the competent authorities of MINSA and MINAE.
Within a period of 28 calendar days, both institutions will perform the technical evaluation of the information submitted, according to their competence and corresponding to the analysis of the requirements indicated in Annex G of this regulation.
Once these analyses are performed and if the reports are positive, they must be immediately forwarded to the unit that administers the AC registration. In the event that any of the reports is negative, it will be sent immediately to the AC, so that it can proceed to issue the final resolution denying the registration application and archiving it. The foregoing without prejudice to the administrative appeals that may correspond against the denial act according to what is established on the matter in the General Law of Public Administration.
Once the positive reports from MINAE and MINSA are incorporated into the file, the AC will forward the registration application to its competent department with the objective of continuing with the last stage of technical review, corresponding to the agronomic analysis.
For these purposes, the competent department of the AC has a period of 30 calendar days to carry out the agronomic analysis and verification of the safety data sheet, label, and pamphlet with the information approved by each competent reviewing authority (Annex G).
Once said analysis is performed and if the report is positive, it must be immediately forwarded to the unit that administers the AC registration. In the event that the report is negative, it will be sent immediately to the AC, so that it can proceed to issue the final resolution denying the registration application and archiving it. The foregoing without prejudice to the administrative appeals that may correspond against the denial act according to what is established on the matter in the General Law of Public Administration.
Once the positive reports have been forwarded by the competent reviewing authorities to the AC, it will issue the edict in accordance with numeral 11.9. In case there is no opposition or if it does not proceed, the AC will prepare the registration resolution in the terms indicated in the following numeral.
In order for the registrant to have visibility of the progress of their application and for informational purposes, once the positive report is issued by the reviewing authorities at each of the preceding stages, said report shall be communicated to the registrant within a maximum period of three calendar days after its issuance.
12.4.3 Approval Resolution Once the technical evaluation process of the applications by the competent Reviewing Authorities is completed and the corresponding positive reports are received, the AC shall issue the approval resolution within a maximum period of 6 calendar days, an act that shall be issued and communicated to the registrant within a maximum period of 3 calendar days from the issuance of said resolution.
12.5 REGISTRATION OF ADJUVANTS AND RELATED SUBSTANCES The registration of adjuvants and related substances has the following modalities:
a. Adjuvants and related substances of minimum risk b. Adjuvants and related substances with evaluation by MINSA and MINAE 12.5.1 Adjuvants and related substances of minimum risk This modality applies to adjuvants and related substances whose principal components and co-formulants in their entirety are on the "List of authorized components for formulated synthetic pesticides, adjuvants, and related substances," visible on the AC website www.sfe.go.cr. Said list will be updated and validated by the competent reviewing authorities of MINSA and MINAE and must be consulted by the registrant prior to submitting the application. The application will not be admitted if it does not comply with the foregoing.
12.5.1.1 Administrative, technical, and confidential requirements To process the registration application according to this modality, the registrant must complete and submit the form in Annex H; likewise, they must comply with the submission of all the requirements defined in the administrative information dossier, the technical information dossier, and the confidential information dossier, which are found in Annex I of this regulation.
12.5.1.2 Technical evaluation procedure for the registration application of adjuvants and related substances of minimum risk Once it has been determined that the application meets the admissibility process provided in Article 11.3 of this regulation, the process will proceed in the terms indicated below:
The analysis of the information will be carried out in accordance with what is requested in the requirements that correspond to this registration modality in this regulation. The AC will simultaneously forward the registration application to the chemical and agronomic area for their respective analysis.
For these purposes, the reviewers have a period of 47 calendar days to carry out the chemical analysis and the agronomic analysis, which corresponds to the analysis of the requirements indicated in Annex I of this regulation.
Once said analysis is performed, and if the reports are positive, they must be immediately forwarded to the unit that administers the AC registration. The edict will be issued in accordance with numeral 11.9 and in case there is no opposition or if it does not proceed, the AC will prepare the registration resolution in the terms indicated in numeral 12.5.1.3.
In the event that any of the reports is negative, it will be sent immediately to the AC, so that it can proceed to issue the final resolution denying the registration application and archiving it. The foregoing without prejudice to the administrative appeals that may correspond against the denial act according to what is established on the matter in the General Law of Public Administration.
In order for the registrant to have visibility of the progress of their application and for informational purposes, once the positive report is issued by the reviewing authorities at each of the preceding stages, said report shall be communicated to the registrant within a maximum period of three calendar days after its issuance.
12.5.1.3 Approval Resolution Once the technical evaluation process of the applications by the competent Reviewing Authorities is completed and the corresponding positive reports are received, the AC shall issue the approval resolution within a maximum period of 6 calendar days, an act that shall be issued and communicated to the registrant within a maximum period of 3 calendar days from the issuance of said resolution.
12.5.2 Adjuvants and related substances with evaluation by MINSA and MINAE This modality applies to adjuvants and related substances whose principal components and co-formulants are not considered minimum risk according to what is established in the "List of authorized components for formulated synthetic pesticides, adjuvants, and related substances," visible on the AC website www.sfe.go.cr.
12.5.2.1 Administrative, technical, and confidential requirements To process the registration application according to this modality, the registrant must complete and submit the form in Annex H; likewise, they must comply with the submission of all the requirements defined in the administrative information dossier, the technical information dossier, and the confidential information dossier, which are found in Annex J of this regulation.
12.5.2.2 Technical evaluation procedure for the registration application of adjuvants and related substances with evaluation by MINSA and MINAE Once it has been determined that the application meets the admissibility process provided in Article 11.3 of this regulation, the process will proceed in the terms indicated below:
The analysis of the information will be carried out in accordance with what is requested in the requirements that correspond to this registration modality in this regulation, complying with the following order:
1. Chemical analysis. 2. Toxicological, ecotoxicological, and environmental fate analysis simultaneously. 3. Agronomic analysis.
The application will be forwarded to the competent department of the AC for the analysis of the chemical aspects. For these purposes, the reviewer has a period of 47 calendar days to carry out the chemical analysis that corresponds to the analysis of the requirements indicated in Annex J of this regulation.
Once said analysis is performed, and if the report is positive, it must be immediately forwarded to the unit that administers the AC registration. In the event that the report is negative, it will be sent immediately to the AC, so that it can proceed to issue the final resolution denying the registration application and archiving it. The foregoing without prejudice to the administrative appeals that may correspond against the denial act according to what is established on the matter in the General Law of Public Administration.
Once the positive chemical report is incorporated into the file, the AC will simultaneously forward the registration application to the competent authorities of MINSA and MINAE.
Within a period of 28 calendar days, both institutions will perform the technical evaluation of the information submitted, according to their competence and corresponding to the analysis of the requirements indicated in Annex J of this regulation.
Once these analyses are performed, and if the reports are positive, they must be immediately forwarded to the unit that administers the AC registration.
In the event that any of the reports is negative, it will be sent immediately to the AC, so that it can proceed to issue the final resolution denying the registration application and archiving it. The foregoing without prejudice to the administrative appeals that may correspond against the denial act according to what is established on the matter in the General Law of Public Administration.
Once the positive reports from MINAE and MINSA are incorporated into the file, the AC will forward the registration application to its competent department with the objective of continuing with the last stage of technical review, corresponding to the agronomic analysis.
For these purposes, the competent department of the AC has a period of 30 calendar days to carry out the agronomic analysis and verification of the label, safety data sheet, and pamphlet with the information approved by each competent reviewing authority (Annex J).
Upon completion of this analysis, if the report is positive, it must be immediately transferred to the unit that administers the registry of the AC. If the report is negative, it shall be immediately submitted to the AC, so that it may proceed to issue the final resolution denying the registration application and to the archiving thereof. The foregoing is without prejudice to the administrative remedies available against the denial act pursuant to the provisions on the matter in the Ley General de la Administración Pública.
Once the positive reports have been transferred by the competent reviewing authorities to the AC, the latter shall issue the edict in accordance with numeral 11.9. If there is no opposition or if it is not applicable, the AC shall prepare the registration resolution under the terms indicated in the following numeral.
For the applicant to have visibility of the progress of their application and for informational purposes, once the positive report from the reviewing authorities is issued in each of the previous stages, said report shall be communicated to the applicant within a maximum period of three calendar days after its issuance.
12.5.2.3 Approval resolution Once the process of technical evaluation of the applications by the competent Reviewing Authorities has been completed and the corresponding positive reports have been received, the AC shall issue the approval resolution within a maximum period of 6 calendar days, an act that shall be issued and communicated to the applicant within a maximum period of 3 calendar days from the issuance of said resolution.
12.6 REGISTRATION OF PHYSICAL VEHICLES WITH INCORPORATED IAGT OR RELATED SUBSTANCE 12.6.1 General, administrative, technical, and confidential requirements To process the registration application under this modality, the applicant must complete and submit the form in Anexo K, and must also comply with the general requirements in addition to the submission of all the requirements defined in the administrative information dossier, the technical information dossier, and the confidential information dossier, found in Anexo L of this regulation.
12.6.2 Technical evaluation procedure for the registration application of physical vehicles with incorporated IAGT or related substance Once it has been determined that the application complies with the admissibility process provided for in Article 11.3 of this regulation, the procedure shall continue under the terms indicated below:
The analysis of the information shall be carried out in accordance with what is requested in the requirements corresponding to this registration modality in this regulation, complying with the following order:
1. Chemical analysis.
2. Toxicological, ecotoxicological, and environmental fate analysis simultaneously.
3. Agronomic analysis.
The application shall be transferred to the competent unit of the AC for the analysis of chemical aspects. For these purposes, the reviewer has a period of 47 calendar days to conduct the chemical analysis corresponding to the analysis of the requirements indicated in Anexo L of this regulation.
Upon completion of this analysis, and if the report is positive, it must be immediately transferred to the unit that administers the registry of the AC. If the report is negative, it shall be immediately submitted to the AC so that it may proceed to issue the final resolution denying the registration application and to the archiving thereof. The foregoing is without prejudice to the administrative remedies available against the denial act pursuant to the provisions on the matter in the Ley General de la Administración Pública.
Once the positive chemical report is incorporated into the case file, the AC shall simultaneously transfer the registration application to the competent authorities of MINSA and MINAE.
Within a period of 28 calendar days, both institutions shall carry out the technical evaluation of the information submitted, according to their competence and which corresponds to the analysis of the requirements indicated in Anexo L of this regulation.
Upon completion of these analyses, and if the reports are positive, they must be immediately transferred to the unit that administers the registry of the AC. If the report is negative, it shall be immediately submitted to the AC so that it may proceed to issue the final resolution denying the registration application and to the archiving thereof. The foregoing is without prejudice to the administrative remedies available against the denial act pursuant to the provisions on the matter in the Ley General de la Administración Pública.
Once the positive reports from MINAE and MINSA are incorporated into the case file, the AC shall transfer the application to its competent unit for the purpose of continuing with the final stage of technical review, corresponding to the agronomic analysis.
For these purposes, the competent unit of the AC has a period of 30 calendar days to conduct the agronomic analysis and verification of the safety data sheet, label, and leaflet with the information approved by each competent reviewing authority (Anexo L).
Upon completion of this analysis, if the report is positive, it must be immediately transferred to the unit that administers the registry of the AC. If the report is negative, it shall be immediately submitted to the AC so that it may proceed to issue the final resolution denying the registration application and the archiving thereof. The foregoing is without prejudice to the administrative remedies available against the denial act pursuant to the provisions on the matter in the Ley General de la Administración Pública.
Once the positive reports have been transferred by the competent reviewing authorities to the AC, the latter shall issue the edict in accordance with numeral 11.9. If there is no opposition or if it is not applicable, the AC shall prepare the registration resolution under the terms indicated in the following numeral.
For the applicant to have visibility of the progress of their application and for informational purposes, once the positive report from the reviewing authorities is issued in each of the previous stages, said report shall be communicated to the applicant within a maximum period of three calendar days after its issuance.
12.6.3 Approval resolution Once the process of technical evaluation of the applications by the competent Reviewing Authorities has been completed and the corresponding positive reports have been received, the AC shall issue the approval resolution within a maximum period of 6 calendar days, an act that shall be issued and communicated to the applicant within a maximum period of 2 calendar days from the issuance of said resolution.
13 POST-REGISTRATION CONSIDERATIONS FOR ALL REGISTRATION MODALITIES 13.1. The AC has the authority to request that applicants, on a one-time basis, deliver certified reference material of the substances included in the definition of residue adopted by Costa Rica for the active ingredient, and of relevant impurities, if present. The producer of the certified reference material must comply with the guidelines of the international standard ISO 17034 in its current version and must be accompanied by the documentation, uncertainty, and traceability specified by the standard, in a sealed container with a current expiry date. If the certified reference material is not available on the international market, the delivery of analytical standards produced by the manufacturer under the guidelines of good laboratory practices established by the OECD or of analytical standard quality substances shall be permitted, if traceability of the test is demonstrated through the application of a standardized method, internationally accepted as a reference, and participation in proficiency testing or other comparisons for said method.
13.2. The competent reviewing authorities may examine, ex officio or upon technically and scientifically justified request by third parties, the approved registrations of technical grade active ingredient, formulated synthetic pesticide, adjuvants, related substances, and physical vehicles, in the following cases: a) When information becomes known that was not considered as a requirement during the evaluation that granted the registration or arose subsequent to it, and that is important for safeguarding health, the environment, and agriculture, and b) when the possibility of an impact on human health, the environment, or agriculture is evident. For all the foregoing, the competent reviewing authorities may require additional information or analyses and supporting documentation from the applicant during the validity of the registration.
13.3 The AC may request at any time the documents supporting the information set forth in the sworn statements required in this regulation, and if they are not submitted, the registration of both the technical grade active ingredient and the associated formulated synthetic pesticide(s), as well as of adjuvants, related substances, and physical vehicles, as applicable, shall be suspended in accordance with numeral 16.1.1 of this regulation.
14 RENEWAL OF REGISTRATION AND REQUIREMENTS:
14.1 This numeral shall be applicable to registrations that have been granted based on this regulation, registrations updated in accordance with the regulation indicated in transitorio 5 (regarding Update), as well as those covered under Decreto Ejecutivo N° 33495 MAG-S-MINAE-MEIC "Reglamento sobre Registro, Uso y Control de Plaguicidas Sintéticos Formulados, Ingrediente Activo Grado Técnico, Coadyuvantes y Sustancias Afines de Uso Agrícola" or under Decreto Ejecutivo N° 42769-MAG-S-MINAE "Reglamento para optar por el Registro de Ingrediente Activo Grado Técnico mediante el reconocimiento de la evaluación de los estudios técnicos aprobados por las Autoridades Reguladoras de los países miembros de la OCDE y los países adherentes de la OCDE".
14.2 Valid registrations in any of the registration modalities may be renewed for equal and consecutive ten-year periods through this procedure.
14.3 The manufacturer or formulator of the product to be renewed must be the same one that gave rise to the registration or the one that has been approved by the AC for the corresponding modification indicated in this regulation.
14.4 Within the six months prior to the expiration date of a registration, granted in any of its modalities, the registration holder must request the renewal thereof from the AC, for which they must comply with the following requirements:
14.5 General requirements for all registration renewal modalities 14.5.1 Registration renewal form, signed by the registration holder or their representative, which must indicate the registration number subject to renewal. The forms are those found in the annexes of this regulation according to the corresponding registration modality. If it is not submitted personally by the registration holder or their representative, said signature must be authenticated by a lawyer or notary public.
14.5.2 Proof of payment of the current fee.
14.6 Requirements for renewal of IAGT registration In addition to the general requirements indicated in section 14.5, the following must be submitted:
14.6.1 Certificate of analysis of the IAGT issued less than two years prior by the parent company or by the manufacturer, original or a copy certified by a notary public and signed by the responsible professional. Said certificate must include the date of analysis, batch number used in the analysis, result obtained, and manufacturer of the IAGT.
14.6.2 Certificate of qualitative and quantitative composition of the IAGT issued by the parent company or by the manufacturer and signed by the responsible professional, issued less than two years prior. It must be submitted in original, or a copy certified by a notary public, which shall contain:
14.6.2.1 Minimum concentration of the active ingredient expressed as a percentage m/m (or g/kg) or percentage m/v. If the concentration is indicated in m/v, the density must be declared.
14.6.2.2 Maximum concentration of each impurity greater than or equal to one gram per kilogram (1 g/kg) or 0.1% m/m.
14.6.2.3 Maximum concentration of relevant impurities. If they are not present, their absence must be indicated.
14.6.2.4 Minimum and maximum concentration of other additives present, expressed in g/kg or percentage, when corresponding and applicable to the specific case. The function (e.g., stabilizer) must be indicated.
14.6.2.5 Identity of the active ingredient, impurities, and additives (the latter when corresponding and applicable to the specific case) according to their chemical name under IUPAC and the CAS number when available; if not available, the chemical structure must be submitted.
14.6.2.6 If the active ingredient is a TK, the concentration on a dry basis must also be submitted. The active ingredient specification must be presented with maximum and minimum limits.
14.7 Requirements for renewal of formulated synthetic pesticide registration In addition to the general requirements indicated in section 14.5, the following must be submitted:
14.7.1 Certificate of analysis issued less than two years prior by the parent company or by the product formulator, original or a copy certified by a notary public and signed by the responsible professional. It must include the batch number, date of analysis, result obtained, and methodology used for the analysis. If the methodology used is different from the registered one, the analytical method and its validation must be submitted. Official methods may be submitted provided that precision and accuracy are demonstrated. If the certificate of analysis was issued by the parent company, the site where the product was formulated must be indicated therein.
14.7.2 Certificate of the qualitative-quantitative composition of the formulated synthetic pesticide, original or a copy certified by a notary public, issued less than two years prior by the parent company or by the product formulating company and signed by the responsible professional. It must contain:
14.7.2.1 Nominal content expressed as a percentage m/m or m/v of the active ingredient calculated from the minimum concentration declared in the active ingredient registration, as well as, if applicable, the corresponding content of variants (such as salts and esters) of the active substances.
14.7.2.2 Nominal content of each co-formulant expressed as a percentage m/m or m/v.
14.7.2.3 The identity of the co-formulants and the active ingredient must be indicated according to their chemical name under IUPAC and the CAS number when available. If not available, the chemical structure must be attached. If codes are used to identify the co-formulants, the function must be described, and the safety data sheet of the co-formulant must be provided, only if it lacks a CAS number or IUPAC name. When the co-formulants are mixtures, their composition must be indicated. If it is a proprietary mixture protected under trade secret, the safety data sheet may be submitted in its place.
14.7.2.4 Function of each of the co-formulants included in the formulation.
14.7.2.5 Density of the formulation (must indicate units and temperature).
14.7.2.6 Maximum content of relevant impurities, when present.
14.7.3 Indicate the resolution number approving the efficacy trial issued by the SFE Enforcement Unit (Unidad de Fiscalización del SFE) in one of the three most representative crops and maintaining the use pattern in accordance with the current registration, issued less than 5 years prior. If a modification of agronomic use in any crop has been authorized during the last 5 years, this requirement need not be submitted, and the trial used in said modification must be accepted as proof of continued efficacy. Modification of agronomic use is not permitted for the registration renewal process; any modification must be requested under numeral 15.2.1 on modification of registration.
14.8 Requirements for the renewal of registration of related substances, adjuvants, and physical vehicles.
In addition to the general requirements indicated in section 14.5, the following must be submitted:
14.8.1 Certificate of composition of the related substance, adjuvant, or physical vehicle, original or a copy certified by a notary public, issued less than two years prior by the parent company, manufacturer, or formulator, as applicable, and signed by the responsible professional. It must contain:
14.8.1.1 Nominal content expressed as a percentage m/m or m/v of the main component.
14.8.1.2 Nominal content of each co-formulant expressed as a percentage m/m or m/v (matching the main component).
14.8.1.3 Function of each of the co-formulants and the main component included in the formulation.
14.8.1.4 The identity of the co-formulants and the main component must be indicated according to their chemical name under IUPAC and the CAS number when available. If not available, the chemical structure must be attached. If codes are used to identify the co-formulants, the function must be described, and the safety data sheet of the co-formulant must be provided, only if it lacks a CAS number or IUPAC name. When the co-formulants are mixtures, their composition must be indicated. If it is a proprietary mixture protected under trade secret, the safety data sheet may be submitted in its place.
14.8.1.5 Density of the formulation with its respective units and temperature.
14.8.2 Certificate of analysis issued less than two years prior by the formulator, manufacturer, or parent company, original or a copy certified by a notary public and signed by the responsible professional. It must include the batch number, date of analysis, result obtained, and methodology used for the analysis. If the methodology used is different from the registered one, the analytical method and its validation must be submitted. Official methods may be submitted provided that precision and accuracy are demonstrated. If the certificate of analysis was issued by the parent company, the site where the product was formulated must be indicated therein.
14.9 Renewal procedure:
The AC must resolve the registration renewal application within a period of 21 calendar days by means of an administrative resolution, which shall be added to the respective case file.
The registration shall be considered valid during the time the AC resolves the renewal application.
Valid registrations, in any of their modalities, that do not submit the renewal application shall be cancelled with no further formality than the issuance of a resolution stating that it was not renewed. Notwithstanding the foregoing, granted registrations may be cancelled at any time by the AC, for any of the grounds established in this regulation or at the request of the holder and prior to the opening of an administrative registration cancellation process. For renewal applications for the registration of formulated synthetic pesticides, related substances, adjuvants, and physical vehicles, renewal is applicable provided that the chemical composition submitted is the same as the last chemical composition approved in the registration case file.
For renewal applications for IAGT registration, renewal is applicable if all the following provisions are met:
a. The concentration of the active ingredient reported in the composition certificate is equal to or greater than the registered minimum concentration.
b. No new impurities are present.
c. The limits for relevant impurities are not increased as certified in the registered specification.
d. The certified limits for all non-relevant impurities, as certified in the registered specification, must not be exceeded beyond the following levels:
Chart 2. Decision criteria for the IAGT renewal process
| Certified limits for non-relevant impurities in the technical specifications of the registered specification | Maximum acceptable increase |
|---|---|
| ≤ 6 g/kg | 3 g/kg |
| >6 g/kg | 50% of the certified limit |
15 MODIFICATIONS TO THE REGISTRATION The registration may be modified at the request of its holder. For this purpose, they must submit the application indicating the proposed change, the reason for it, and comply with the requirements and procedures indicated in this chapter.
Valid registrations in any of their modalities may be modified by their holder, upon compliance with the requirements and formalities set forth in this regulation, without such modifications implying the processing of a new registration. With any modification made, the registration shall retain its corresponding number, as well as its grant date and validity period.
The procedure shall be archived when a change is presented to the last composition approved in the registration for all modifications, except the modification under numeral 15.2.4.
The grounds for modification of a registration and the requirements for each are as follows:
15.1 Administrative modifications 15.1.1 For the transfer of registration or procedures in the process of registration a. Application duly signed by the legal representative. If it is not submitted in person, said signature must be authenticated by a lawyer or notary public.
b. Certified copy of the document attesting to the transfer.
c. Proof of payment of the current fee.
15.1.2 For the change, addition, or deletion of the trade name of the product a. Application duly signed by the legal representative. If it is not submitted in person, said signature must be authenticated by a lawyer or notary public.
b. Proof of payment of the current fee.
15.1.3 For the inclusion or exclusion of commercial presentations or type of container.
a. Application indicating the type, material, and capacity of the requested container signed by the legal representative. If it is not submitted in person, said signature must be authenticated by a lawyer or notary public.
b. Document containing the description of the new material to be used.
c. Proof of payment of the current fee.
15.1.4 For the change of the corporate name of the manufacturer or formulator a. Application indicating the new corporate name of the manufacturer or formulator signed by the legal representative. If it is not submitted in person, said signature must be authenticated by a lawyer or notary public.
b. Proof of payment of the current fee.
c. Notarized sworn statement using the format found in Anexo O of this regulation.
15.2 Technical modifications 15.2.1 For the modification of agronomic use (crops, pests, dose, application intervals, interval between the last application and harvest, application type) 15.2.1.1 In the case of registrations that must comply with the update process according to transitorio 6 of this regulation, modifications of agronomic use shall be evaluated solely by the SFE provided they comply with the following:
a. The modification involves a change in dose, number of applications per annual cycle, addition of a pest or disease, or interval between applications, without an increase in the chemical load and without changing the application type. Furthermore, it does not entail a decrease in the pre-harvest interval, or the re-entry interval to the treated area, in the same crop without an increase in the chemical load and without changing the application type.
b. The modification involves the addition of a crop and maintains or reduces the chemical load: lower or equal dose, lower or equal number of applications per annual cycle, greater or equal interval between applications, greater or equal pre-harvest interval, greater or equal re-entry interval to the treated area with respect to the uses already authorized for said product. The modification does not involve a change in the application type.
c. If subsections a and b of numeral 15.2.1.1 are not met, the application shall be transferred to the competent reviewing authorities of the ministries MS and MINAE.
The applicant must provide the missing toxicological, ecotoxicological, and environmental fate studies with respect to what is required in this regulation for each registration modality, and the respective consultations must be made to the pertinent competent reviewing authorities. If the studies have been submitted in a prior procedure, the applicant may reference them.
15.2.1.2 In the case of registrations granted under the Decreto Ejecutivo N° 33495 MAG-S-MINAE-MEIC "Reglamento sobre Registro, Uso y Control de Plaguicidas Sintéticos Formulados, Ingrediente Activo Grado Técnico, Coadyuvantes y Sustancias Afines de Uso Agrícola", this regulation, and updated registrations, modifications of agronomic use shall be evaluated solely by the SFE provided they comply with the following:
a. The modification involves a change in dose, number of applications per annual cycle, addition of a pest or disease, or interval between applications, without an increase in the chemical load and without changing the application type. Furthermore, it does not entail a decrease in the interval between applications, the pre-harvest interval, or the re-entry interval to the treated area, in the same crop without an increase in the chemical load and without changing the application type.
b. The modification involves the addition of a crop and maintains or reduces the chemical load: lower or equal dose, lower or equal number of applications per annual cycle, greater or equal interval between applications, greater or equal pre-harvest interval, greater or equal re-entry interval to the treated area. The modification does not involve a change in the application type with respect to the uses already authorized for said product.
This can be applied provided the new crop on which the pesticide is intended to be used falls within the same crop group as previously approved, according to charts 4 and 6 of the "Procedimiento general y lineamientos a seguir por parte del MINAE para la evaluación de riesgo ambiental de agro insumos" published on the DIGECA website (http://www.digeca.go.cr).
c. If subsections a and b of numeral 15.2.1.2 are not met, the application shall be transferred to the competent reviewing authorities of the ministries MS and MINAE.
15.2.1.3 Requirements for the modification of agronomic use a. Modification application indicating the proposed change and the reason for it.
b. Leaflet in accordance with the provisions of the current Central American Technical Regulation incorporating the requested changes.
c. Indicate the resolution number approving the product's efficacy trial, issued by the SFE Enforcement Unit. This requirement does not apply to adjuvants.
d. Demonstrate that the requested use pattern of the formulated synthetic pesticide complies with the LMR adopted by the country for the requested crop, complying with the provisions of numeral 9.16 of this regulation.
e. Proof of payment of the current fee.
15.2.2 For the toxicological reclassification of the technical grade active ingredient or of a formulated synthetic pesticide, adjuvant, or related substance, when new acute toxicology information more reflective of the product becomes available. Applications for this modification must be evaluated by MINSA. The requirements are:
15.2.2.1 Modification application according to the annex corresponding to the registration modality.
15.2.2.2 Label and leaflet in accordance with the provisions of the current Central American Technical Regulation on labeling, incorporating the requested changes.
15.2.2.3 Study of the acute oral LD50 in rats.
15.2.2.4 Study of the acute dermal LD50 in rats.
15.2.2.5 Study of the acute inhalation LC50 in rats. Applies only to fumigant products that form mist, gas, vapors, or dust.
15.2.2.6 Proof of payment of the current fee.
15.2.3 For the following changes in the formulated synthetic pesticide, adjuvant, or related substance: A) Substitution of one formulator for another and B) Addition of formulators.
The following must be submitted:
15.2.3.1 Application form indicated in Anexo M by the applicant for the formulated synthetic pesticide, adjuvant, or related substance, indicating the registration number of the product to be modified and a description of the change to be made.
15.2.3.2 Proof of payment of the current fee.
15.2.3.3 Certificate of the qualitative-quantitative composition of the formulated synthetic pesticide, adjuvant, or related substance, original or a copy certified by a notary public, issued less than two years prior by the parent company or by the product formulating company and signed by the responsible professional. It must contain:
a. Nominal content expressed as a percentage m/m or m/v of the active ingredient calculated from the minimum concentration declared in the active ingredient registration, as well as, if applicable, the corresponding content of variants (such as salts and esters) of the active substances. In the case of adjuvants and related substances, it must be the nominal content expressed as a percentage m/m or m/v of the main components.
b. Nominal content of each co-formulant expressed as a percentage m/m or m/v.
c. Function of each of the co-formulants (coformulantes) included in the formulation.
d. The identity of the co-formulants (coformulantes), active ingredient, or principal component must be indicated according to its IUPAC chemical name and the CAS number when available.
If they are not available, the chemical structure must be attached. If codes are used to identify the co-formulants (coformulantes), the function must be described and the safety data sheet of the co-formulant (coformulante) must be provided, only if it does not have a CAS number or IUPAC name. When the co-formulants (coformulantes) are mixtures, their composition must be indicated. In the event that it is a proprietary mixture protected under industrial secrecy, the safety data sheet may be presented in its place.
e. Density of the formulation (must indicate the units and the temperature).
f. Maximum content of relevant impurities, when present.
15.2.3.4 Certificate of analysis less than two years old, issued by the parent company or by the product formulator, original or a copy certified by a notary public and signed by the responsible professional.
It must include the lot number, date of analysis, and the result obtained. In the event that the certificate of analysis was issued by the parent company, the place where the product was formulated must be indicated in it.
15.2.3.5 Description of the formulation process: The company must submit information on the formulation process of the product subject to the modification. The following information must be provided for the process:
a. Name and address of the formulator involved in the process.
b. General description of the process: a written description in prose which must explain the steps necessary to carry out the formulation of the product.
c. Indicate the ingredients used to formulate the product.
d. Description of the equipment used.
e. Description of the conditions controlled during the process.
15.2.4 For a change in the composition of the formulation of formulated synthetic pesticides.
15.2.4.1 General Provisions a. Both significant and non-significant changes apply only to changes of co-formulants (coformulantes); the active ingredient, safener, or synergist (sinergista) cannot be changed, nor the type of formulation.
b. For cases where a series of "non-significant" changes are made in the formulation and this represents a change of 10% or more of the original content, the application must comply with the requirements indicated in the section for significant changes.
c. The reference against which the comparison is always made will be the formulation with which the registration was granted, the updated one, or the last one approved in a modification. The AC must review the registration to identify if, over time, the sum of non-significant changes does not exceed 10% of the qualitative-quantitative composition (composición cuali-cuantitativa) of the originally registered formulated product; in such a case, it must be processed as a significant change.
d. Formulation changes may be made with co-formulants (coformulantes) found on the "List of Authorized Components for Formulated Synthetic Pesticides, Adjuvants, and Related Substances" visible on the AC's website www.sfe.go.cr.
Said list will be updated and validated by the competent reviewing authority of MINAE and MINSA and must be consulted by the registrant prior to submitting the application.
e. In the event that a co-formulant (coformulante) has not been included in the list prepared by the AC, the registrant may provide the respective information for its evaluation by MINAE.
15.2.4.2 Non-significant changes Any change in the composition of a formulated synthetic pesticide must be notified to the AC and must be authorized by it. For these cases, the registrant must submit an application to the AC, and it must analyze the documentation.
The procedures described below for changing the composition of formulated synthetic pesticides apply only to the change of co-formulants (coformulantes). For other types of changes, the provisions indicated in this regulation shall apply.
a. Non-significant changes apply in the following cases:
a.1 Co-formulants (Coformulantes) of the same chemical composition and the same or lower risk classification (see note).
a.2 Exchange of cation in an anionic surfactant/dispersant (surfactante/dispersante aniónico).
a.3 Change in the quantity of the same solvent or vehicle used: applies when a change of IAGT for another equivalent IAGT is necessary (associated with the original formulated synthetic pesticide) and it is necessary to adjust the formulation by 100%. That change of solvent or vehicle must not be greater than ±10% with respect to the original formulation to be considered a non-significant change.
a.4 Update of the CAS number in accordance with updated information from the Chemical Abstract Organization.
Note: Co-formulants (Coformulantes) are considered chemically equivalent when they have the same CAS number or if they have different CAS numbers but the same IUPAC name. The registrant may demonstrate that co-formulants (coformulantes) can be considered equivalent, based on technical and scientific criteria, which will be analyzed by the AC. In the event that new chemical equivalences are authorized in a new version of SANCO 12638/2011 or some other international guide recognized by the AC, the analysis of those cases will be accepted. When the registrant presents a justification, the established period for the response by the competent reviewing authority is suspended for consultations at the national or international level.
b. For non-significant changes, submitting an efficacy trial will not be required. In the following cases, the registrant must submit the technically and scientifically supported information they deem competent to justify that the requested change does not present alterations in the biological properties of the product:
b.1 Changes in salt formulations, provide results of non-phytotoxicity (fitotoxicidad).
b.2 Changes in bait formulations, data on no alterations in palatability.
b.3 Changes in seed treatments, data on germination percentages.
b.4 Changes in fumigant products, data on the rate and release of gases.
For these results and data, for example, tests carried out in nurseries, fields, or laboratories generated at any latitude may be presented.
15.2.4.3 Significant changes Significant changes apply when the change involves: addition, substitution, elimination, or variation of the concentration of co-formulants (coformulantes). For these cases, the registrant must make the application to the AC and requires analysis and approval.
a. Changes that do not require the submission of studies on physicochemical properties and use.
For the following cases, studies on use or physicochemical properties are not required:
a.1 Change of a dye, pigment, or coloring material <5% of the formulation.
a.2 Addition of antifoaming agent <5% of the formulation.
a.3 Change from ethylene glycol to propylene glycol (propilenglicol).
The registrant may submit a justification based on technical and scientific criteria for other cases of formulation changes where new studies are not required, which will be analyzed by the AC so that it is verified that the change effectively does not require studies; otherwise, the justification will be rejected.
b. Changes that require the submission of studies or a certificate of analysis of the physical and chemical properties:
b.1 Changes to the antifoaming agent: the study or certificate of analysis with the result obtained for foam persistence must be submitted.
b.2 Changes related to the acid, base, or buffer: the study or certificate of analysis with the corresponding result obtained for pH must be submitted.
b.3 Changes related to the thickener, gelling agent (agente gelificante): the study or certificate of analysis with the result obtained for viscosity, pourability, and adhesion to seeds, as applicable, must be submitted.
b.4 Changes related to the solvent, co-solvent (co-solvente), or vehicle, filler agent: must submit the study or certificate of analysis with the result obtained for emulsion stability, foam persistence, solution stability, dispersibility (dispersabilidad), pourability, viscosity, as applicable.
b.5 Surfactant (Tensoactivo), dispersant (dispersante), wetting agent (humidificante), emulsifier (emulsificante): must submit the study or certificate of analysis with the result obtained for the emulsion stability test, as applicable.
b.6 Stabilizer/solubilizer: must submit the study or certificate of analysis with the result obtained for wettability, wet sieve analysis, dispersion stability, dispersibility (dispersabilidad) and spontaneity of dispersion (espontaniedad de la dispersión), degree of dissolution and/or solution stability, suspensibility (suspensibilidad), adhesion to the seed, as applicable.
b.7 Physical vehicle: must submit the study or certificate of analysis with the result obtained for resistance to attrition, dustiness (pulverulencia), fluidity, dry sieve analysis, as applicable.
b.8 Corrosion inhibitor: must submit the study or certificate of analysis with the result obtained for corrosivity, as applicable.
b.9 In the event that the change in composition includes the use of a Water-Soluble Bag: must submit the study or certificate of analysis with the result obtained for foam persistence, the wet sieve test, suspensibility (suspensibilidad), solution stability, and wettability, as applicable.
c. Toxicological hazard evaluation.
The following variations in the initial concentration of the co-formulant (coformulante) will be possible without requesting new toxicological studies, subject to prior verification by MINSA.
Table 3: Changes without effect on risk classification
| Initial Concentration Range (%) | Allowed Relative Variation (%) | Example |
|---|---|---|
| ? 2.5 | ± 30 | Co-formulant at 2% w/w, can vary 1.4 - 2.6% |
| 2.5 < [ ] ? 10 | ± 20 | Co-formulant at 5% w/w, can vary 4 - 6% |
| 10 < [ ] ? 25 | ± 10 | Co-formulant at 20% w/w, can vary 18 - 22% |
| 25 < [ ] ? 100 | ± 5 | Co-formulant at 60% w/w, can vary 57 - 63% |
| For co-formulants found at very low concentration in the formulation | ||
| ? 1.0 | ± 50 | Co-formulant at 0.6% w/w, can vary 0.3 - 0.9% |
| ? 0.5 | ± 100 | Co-formulant at 0.2% w/w, can vary 0 - 0.4% |
Source: European Union, EC 1272/2008 In cases of changes greater than 10% w/w (absolute) with respect to the original formulation, new toxicological studies could be required (studies requested for formulated synthetic products). This evaluation will be carried out by MINSA.
For other cases not considered in the table above and that are greater than 10% w/w (absolute) with respect to the original formulation, new toxicological studies could be required (studies requested for formulated synthetic products). This evaluation will be carried out by MINSA, and the registrant may present a technically justified case demonstrating that they are not necessary, either by applying GHS criteria or other duly recognized criteria.
a. Evaluation by the Oversight Unit For the modification application for a change in the formulation, the following assumptions will be followed:
a.1 In the event that the modification is less than 10% of the composition, an efficacy trial will not be required.
a.2 In the event that the change is greater than 10% of the composition, the registrant may submit a technical justification to the Oversight Unit, arguing that agronomic efficacy and phytotoxicity are maintained or improved, by virtue of the fact that the physical and chemical properties or other characteristics of the resulting formulation, which are related to efficacy, are not adversely affected.
This justification must be evaluated by said unit, which will issue the corresponding resolution. In the event of non-acceptance on a technically substantiated basis, an efficacy trial must be conducted on the most representative crop.
a.3 In the event that oversight rejects the justification mentioned in the previous point, the efficacy trial must be submitted for its respective analysis by this same department.
When the modification application for a change in composition is submitted, the approval resolution number issued by the Oversight Unit must be indicated.
15.2.4.4 Requirements to be submitted for the application for changes in the formulation:
a. Requirements for non-significant changes a.1 The registrant must submit an application indicating the reason and description of the change, the trade name, and the registration number of the formulated synthetic pesticide to which the change is to be made. The application must be signed by the legal representative. If not presented in person, said signature must be authenticated by a lawyer or notary public.
a.2 Safety data sheet according to GHS, for both the previous co-formulant (coformulante) and the new co-formulant (coformulante).
a.3 Certificate of the qualitative-quantitative composition of the original formulated synthetic pesticide or a copy certified by a notary public, less than two years old, issued by the parent company or the product formulating company and signed by the responsible professional. In the event it was issued by the parent company, it must include the name of the formulator. It must contain:
a.3.1 Nominal content expressed as a percentage w/w or w/v of active ingredient calculated from the minimum concentration declared in the registration of the active ingredient, as well as, if applicable, the corresponding content of variants (such as salts and esters) of the active substances.
a.3.2 Nominal content of each co-formulant (coformulante) of the formulation expressed as a percentage w/w or w/v.
a.3.3 Function of each of the co-formulants (coformulantes) included in the formulation.
a.3.4 The identity of the co-formulants (coformulantes) and the active ingredient must be indicated according to their IUPAC chemical name and the CAS number when available. If they are not available, the chemical structure must be attached. If codes are used to identify the co-formulants (coformulantes), the function must be described and the safety data sheet must be provided. When the co-formulants (coformulantes) are mixtures, their composition must be indicated. In the event that it is a proprietary mixture protected under industrial secrecy, the safety data sheet may be presented in its place.
a.3.5 Density of the formulation (must indicate the units and the temperature).
a.3.6 Maximum content of relevant impurities, when present.
Note: for cases of registrations whose composition does not have the information on the co-formulants (coformulantes) detailed in accordance with "point a.3" above, the registrant must present the current detail of the co-formulants (coformulantes) and the new certificate of composition.
a.4 Proof of payment of the current fee.
a.5 Safety data sheet according to GHS for the new formulation.
a.6 Provide the data and/or results in accordance with point 15.2.4.2 b, if applicable.
a.7 If applicable, provide the respective information in the event that a co-formulant (coformulante) not on the "List of Authorized Components for Formulated Synthetic Pesticides, Adjuvants, and Related Substances" is to be included.
b. Requirements for a significant change:
b.1 The registrant must submit an application indicating the reason and description of the change, the trade name, and the registration number of the formulated synthetic pesticide to which the change is to be made. The application must be signed by the legal representative. If not presented in person, said signature must be authenticated by a lawyer or notary public.
b.2 Safety data sheet, according to GHS, for both the previous co-formulant (coformulante) and the new co-formulant (coformulante).
b.3 Certificate of the qualitative-quantitative composition of the original formulated synthetic pesticide or a copy certified by a notary public, less than two years old, issued by the product formulating company and signed by the responsible professional. In the event it was issued by the parent company, it must include the name of the formulator. It must contain:
b.3.1 Nominal content expressed as a percentage w/w or w/v of active ingredient calculated from the minimum concentration declared in the registration of the active ingredient, as well as, if applicable, the corresponding content of variants (such as salts and esters) of the active substances.
b.3.2 Nominal content of each co-formulant (coformulante) of the formulation expressed as a percentage w/w or w/v.
b.3.3 Function of each of the co-formulants (coformulantes) included in the formulation.
b.3.4 The identity of the co-formulants (coformulantes) and the active ingredient must be indicated according to their IUPAC chemical name and the CAS number when available. If they are not available, the chemical structure must be attached. If codes are used to identify the co-formulants (coformulantes), the function must be described and the safety data sheet of the co-formulant (coformulante) must be provided, only if it does not have a CAS number or IUPAC name. When the co-formulants (coformulantes) are mixtures, their composition must be indicated. In the event that it is a proprietary mixture protected under industrial secrecy, the safety data sheet may be presented in its place.
b.3.5 Density of the formulation (must indicate the units and temperature).
b.3.6 Maximum content of relevant impurities, when present.
Note: for cases of registrations whose composition does not have the information on the co-formulants (coformulantes) detailed in accordance with "point b.3" above, the registrant must present the current detail of the co-formulants (coformulantes) and the new certificate of composition.
b.4 Description of the formulation process: The company must submit information on the formulation process of the formulated synthetic pesticide subject to the modification. The following information must be provided:
b.4.1 Name and address of the formulator involved in the process.
b.4.2 General description of the process: a written description in prose which must explain the steps necessary to carry out the formulation of the product.
b.4.3 Indicate the ingredients used to formulate the product (may reference the information from the certificate of composition present in the application).
b.4.5 Description of the equipment used.
b.4.6 Description of the conditions controlled during the process (pressure, temperature, pH, or other quality controls employed).
b.5 Proof of payment of the current fee.
b.6 If applicable, provide the technical information to support the cases where submitting a justification is required.
b.7 Studies or original certificate of analysis, signed by the responsible professional, with the methodology used, results, date, and lot number (CoA), with its respective chemical endorsement, required according to the modification made and taking into consideration what is indicated in this regulation.
b.8 Safety data sheet, according to GHS, for the new formulation.
b.9 Label in the event that the risk evaluation determines there is a change in the toxicological classification.
b.10 Indicate the approval resolution number(s) for the efficacy trial, if applicable, in accordance with numeral 15.2.4.3.d, where it is confirmed that, with the new change in the formulation, efficacy is maintained in accordance with the current registration.
b.11 If applicable, provide the respective information in the event that a co-formulant (coformulante) not on the "List of Authorized Components for Formulated Synthetic Pesticides, Adjuvants, and Related Substances" is to be included.
b.12 If applicable, provide the toxicological studies as indicated in numeral 15.2.4.3.c.
15.2.5 For extension of the source of synthesis of a registered technical grade active ingredient for cases where the synthesis process is maintained and is under the supervision of an entity of the same business group that owns the information.
15.2.5.1 Application by the registrant of the technical grade active ingredient indicating the registration number of the product to which the modification is to be made and a description of the change to be made.
15.2.5.2 Proof of payment.
15.2.5.3 Certificate of qualitative-quantitative composition of the IAGT issued by the parent company or by the manufacturer and signed by the responsible professional, less than two years old. It must be submitted as an original, or a copy certified by a notary public, which will contain:
a. Minimum concentration of the IAGT expressed as a percentage w/w (or g/kg) or percentage w/v. In the case of indicating the concentration in w/v, the density must be declared.
b. Maximum concentration of each impurity greater than or equal to one gram per kilogram (1 g/kg) or 0.1% w/w.
c. Maximum concentration of relevant impurities; in the case they are not present, their non-presence must be indicated.
d. Minimum and maximum concentration of other additives present, expressed in g/kg or percentage, when applicable and relevant to the specific case. Must indicate the function (for example, stabilizer).
e. Identity of the active ingredient, impurities, and additives (the latter when applicable and relevant to the specific case) according to their IUPAC chemical name and the CAS number when available; if not available, the chemical structure must be presented.
f. In the event that the active ingredient is a TK, the dry basis concentration must also be presented. The specification of the active ingredient must be presented with a maximum and minimum limit.
15.2.5.4 Summary of the manufacturing route; the following information must be provided:
a. Name and address of the manufacturer involved in the process.
b. General description of the process: a written description in prose which must explain the steps necessary to carry out the synthesis of the product.
c. Manufacturing flow chart.
d. Identification of the materials used to produce the product.
e. General description of the conditions controlled during the process, as the case may be: temperature, pressure, pH, and humidity.
15.2.5.5 The registration must have the five-batch study with the approval of the chemistry area and must have the approval resolution.
15.2.6 For the change or extension of the source of synthesis of a registered technical grade active ingredient for cases where the synthesis process is different.
For the approval of this modification application, the registrant must demonstrate, in accordance with what is described in this regulation, the equivalence of the new technical grade active ingredient.
15.3 Procedure and timeframes for registration modifications 15.3.1 Administrative modifications The registrant must submit their application to the AC, presenting the requirements indicated in each of the grounds for modification.
The competent reviewing authority of the SFE, within a maximum period of 15 calendar days, counted from the submission of the registration modification application, must review the requirements submitted.
If, as part of this review process, it is concluded that there are missing documents or it is necessary to rectify any requirement, the interested party will be granted a period of ten business days to comply with the aspects prevented, a period that may be extended for 5 additional business days, and only once, through a duly justified request from the registration holder.
Once the previous period has expired, if the AC verifies that the original breaches or inconsistencies were not resolved, it will order the definitive closure of the application in accordance with the last paragraph of Article 264 of the Ley General de Administración Pública, an act that must be communicated to the interested party 6 calendar days after the receipt of the resolution. This resolution will have the ordinary and extraordinary remedies contemplated in the Ley General de la Administración Pública. If the application meets the requested requirements, the AC will issue the final resolution within a maximum period of 5 calendar days, an act that will be issued and communicated to the interested party within a maximum period of 3 calendar days from the issuance of said resolution.
15.3.2 Modifications for inclusion of use and toxicological reclassification.
The registrant must submit their application to the AC, presenting the requirements indicated in each of the grounds for modification.
The AC will forward the registration modification application within 3 calendar days after receiving the application, if applicable, to the competent reviewing authorities of MINSA and MINAE, so that they may rule on the aspects pertaining to their competence. Within a period of 28 calendar days, the aforementioned competent reviewing authorities must carry out the technical analysis of the information submitted, according to their competence.
Once the technical reports from MINSA or MINAE are incorporated into the file, they will be forwarded to the AC 3 calendar days after the issuance of the report, with the objective of continuing with the technical review corresponding to the agronomic analysis.
For these purposes, the competent reviewing authority of the SFE has a period of 28 calendar days to carry out the agronomic analysis. Once said analysis is performed, the respective report must be issued, which must be incorporated into the registration modification application file and forwarded to the AC 3 calendar days after the issuance of the report.
If, as part of this review process, it is concluded that there are missing documents from the registrant or it is necessary to request clarification from them regarding any requirement or to add information, the registrant will be granted a period of 60 business days to comply with the aspects prevented, a period that may be extended for an additional 30 business days before its expiration, and only once, through a duly justified request from the registrant. Said request will suspend the Administration's resolution period.
The AC will forward the registration modification response 3 calendar days after receiving the response, and if applicable, to the competent reviewing authorities of MINSA and MINAE, so that they may rule on the aspects pertaining to their competence. If the AC verifies that the original breaches or inconsistencies were not resolved, it will order the definitive closure of the application in accordance with the last paragraph of Article 264 of the Ley General de Administración Pública, an act that must be communicated to the interested party 6 calendar days after the receipt of the resolution. This resolution will have the ordinary and extraordinary remedies contemplated in the Ley General de la Administración Pública.
If the application meets the requested requirements, the AC will issue the final resolution within a maximum period of 5 calendar days, an act that will be issued and communicated to the interested party within a maximum period of one business day from the issuance of said resolution.
15.3.3 For changes in the formulated synthetic pesticide, adjuvants, and related substances: A) Substitution of one formulator for another. B) Extension of formulators and for extension of the source of synthesis of a registered technical grade active ingredient for cases where the synthesis process is maintained and is under the supervision of an entity of the same business group that owns the information.
The registrant must submit their application to the AC, presenting the requirements indicated in each of the grounds for modification.
The application is forwarded to the competent reviewing authority of the SFE, which, within a maximum period of 28 calendar days counted from the submission of the registration modification application, must review the submitted requirements.
If, as part of this review process, it is concluded that there are missing documents or it is necessary to rectify any requirement, the interested party will be granted a period of 30 business days to comply with the aspects prevented, a period that may be extended for 15 additional business days, and only once, through a duly justified request from the registration holder.
Once the previous period has expired, if the AC verifies that the original breaches or inconsistencies were not resolved, it will order the definitive closure of the application, an act that must be communicated to the registrant.
This resolution will have the ordinary and extraordinary remedies contemplated in the Ley General de la Administración Pública.
If the application meets the requested requirements, the AC will issue the final resolution within a maximum period of 5 calendar days, an act that will be issued and communicated to the registrant within a maximum period of 3 calendar days from the issuance of said resolution.
15.3.4 For a change in the composition of the formulation of formulated synthetic pesticides 15.3.4.1 Non-significant changes The registrant must submit their application to the unit that administers the registration in the Servicio Fitosanitario del Estado as the AC, presenting the requirements indicated in the respective section.
The AC will forward the registration modification application 3 calendar days after receiving the application to the competent reviewing authority of the AC for the analysis of the chemical aspects.
For these purposes, the reviewer has a period of 28 calendar days.
Once the chemical report has been incorporated into the case file, the AC will forward the modification to the registration request, in the cases of points 15.2.4.2 a.1 and 15.2.4.1.e, to the competent reviewing authority of MINSA or MINAE, as applicable, to carry out the technical evaluation of the information submitted according to its competence. For these purposes, the reviewer has a period of 28 calendar days.
Once the technical reports from MINSA and MINAE have been incorporated, if applicable, it will be forwarded to the AC 3 calendar days after the issuance of the report in order to continue with the process.
For the cases of exception indicated in subsection 15.2.4.2 b, the information presented by the registrant will be reviewed by the competent unit of the AC in charge of agronomic analysis. For these purposes, the reviewer has 28 calendar days.
If, as part of this review process, it is concluded that there are missing documents, a request for clarification of any requirement is necessary, or additional information needs to be provided, the interested party will be granted a period of 30 business days to comply with the notified aspects, a period that may be extended by 15 additional business days before its expiration and only once at the request of the registrant. Said request will suspend the Administration's resolution period.
The AC will forward the modification response to the registration 3 calendar days after the receipt of the response and, if applicable, to the competent reviewing authorities so that they may rule on the aspects related to their competence.
If the AC verifies that the original non-compliances or inconsistencies were not resolved, it will order the definitive archiving of the application in accordance with the last paragraph of Article 264 of the General Public Administration Law (Ley General de Administración Pública), an act that must be communicated to the interested party 6 calendar days after the receipt of the ruling. This ruling will have the ordinary and extraordinary remedies contemplated in the General Public Administration Law (Ley General de la Administración Pública).
If the application meets the requested requirements and the competent reviewing authorities issue favorable reports to the AC, the AC will issue the resolution approving the modification to the registration in the terms indicated below.
Resolution of approval. Once the process of technical evaluation of the applications by the competent reviewing authorities is completed and the corresponding favorable reports are received, the AC will issue the resolution of approval within a maximum period of 5 calendar days.
15.3.4.2 Significant changes The registrant must submit their application to the unit that administers the registration at SFE, presenting the requirements indicated in the respective section.
The AC will forward the modification to the registration request 3 calendar days after receiving the application, to the competent reviewing authority of the AC for the analysis of chemical aspects. In addition to the chemical aspects, it will be reviewed that the efficacy trial resolution indicates that the requested modification in the formulation maintains the product's efficacy, when applicable. For these purposes, the reviewer has a period of 42 calendar days.
Once the chemical report has been incorporated into the case file, the AC will forward the modification to the registration request to the competent reviewing authority of MINSA and, if applicable, to MINAE to carry out the technical evaluation of the information submitted according to their competence. For these purposes, the reviewer has a period of 28 calendar days.
Once the report from MINSA and, if applicable, from MINAE has been incorporated into the case file, the application will be forwarded to the AC 3 calendar days after the issuance of the report in order to continue with the process.
If, as part of this review process, it is concluded that there are missing documents, a request for clarification of any requirement is necessary, or additional information needs to be provided, the interested party will be granted a period of 60 business days to comply with the notified aspects, a period that may be extended by 30 additional business days before its expiration and only once at the request of the registrant. Said request will suspend the Administration's resolution period.
The AC will forward the modification response to the registration 3 calendar days after the receipt of the response and, if applicable, to the competent reviewing authorities involved, so that they may rule on the aspects related to their competence.
If the AC verifies that the original non-compliances or inconsistencies were not resolved, it will order the definitive archiving of the application in accordance with the last paragraph of Article 264 of the General Public Administration Law (Ley General de Administración Pública), an act that must be communicated to the interested party 6 calendar days after the receipt of the ruling. This ruling will have the ordinary and extraordinary remedies contemplated in the General Public Administration Law (Ley General de la Administración Pública).
If the application meets the requested requirements and the competent reviewing authorities issue favorable reports to the AC, the AC will issue the resolution approving the modification to the registration in the terms indicated below.
Resolution of approval. Once the process of technical evaluation of the applications by the competent reviewing authorities is completed and the corresponding favorable reports are received, the AC will issue the resolution of approval within a maximum period of 5 calendar days.
16 REGISTRATION SUSPENSIONS 16.1 The registration of a technical grade active ingredient (ingrediente activo grado técnico), formulated synthetic pesticide (plaguicida sintético formulado), adjuvant (coadyuvante), related substance (sustancia afín), and physical vehicle (vehículo físico) will be subject to suspension when one or more of the following grounds concur:
16.1.1 The registration holder does not provide, within the period granted by the AC, the information required in numeral 13 of this regulation.
16.1.2 When the AC has efficacy trials demonstrating that the product is ineffective according to the authorized use, guaranteeing due process (debido proceso) and the right to defense, prior to ordering the suspension of the registration. The suspension will be for one or all uses as applicable.
16.1.3 By order of the judicial, environmental, or health authority notified to the AC by the authority ordering the suspension act.
16.1.4 When the registration holder is not up to date in the payment of the annuity and renewal fees for individuals and legal entities.
16.1.5 When the product registration holder does not have an authorized formulator.
16.2 The suspension of the registration, granted in any of its modalities, prevents, during the suspension period, the use and commercialization in the country of the registered product. Nor may the products be formulated, reformulated, imported, packaged, repackaged, or re-packaged, except if these actions are necessary to correct the ground for which the registration was suspended.
16.3 The AC will order the suspension of the registration by issuing a technically and legally supported resolution, indicating the reason that originates it, and it will be maintained until the reason for the suspension is corrected. However, if such correction has not been made within a period of 6 months from its notification, the registration will be cancelled in accordance with numeral 17.2, except for those suspensions ordered by the judicial instance.
17 REGISTRATION CANCELLATIONS 17.1 Registrations granted in any of their modalities and that are active or suspended may be cancelled if they incur any of the grounds established in this regulation. The AC will cancel, following due process (debido proceso), the registration of formulated synthetic pesticides (plaguicidas sintéticos formulados), technical grade active ingredient (ingrediente activo grado técnico), related substance (sustancia afín), adjuvants (coadyuvantes), and physical vehicles (vehículos físicos) if one or more of the following grounds concur:
17.1.1 When the registration was granted with defects of absolute, evident, and manifest nullity (vicios de nulidad absoluta, evidente y manifiesta) and did not comply with requirements set forth in this regulation.
17.1.2 When the competent reviewing authorities determine that the product, even when used under the recommendations for use, represents an unacceptable risk to health, the environment, or agriculture, upon prior technical and scientific justification.
17.1.3 By express request of the registrant.
17.1.4 When the registration holder has not requested the renewal of the registration and the registration's validity period expires.
17.1.5 When the causes that gave rise to the suspension of the registration are not remedied within the period granted by the AC.
17.1.6 When the AC verifies that the information provided under oath does not match the supporting documentation.
17.1.7 When it is demonstrated that the product is ineffective for all uses approved by the AC.
17.1.8 When the Codex Alimentarius, the EPA, European Union, or other recognized countries or MRLs adopted by Costa Rica, according to current regulations, eliminate for all authorized uses the maximum residue limit (MRL) (límite máximo de residuos, LMR) established in Costa Rica for products using the registered active ingredient.
17.2 Procedure for registration cancellation 17.2.1 Opening of the procedure: the procedure may be initiated ex officio by the AC or at the request of a party.
17.2.2 In the first case, the AC will issue a formal resolution indicating: time and date of the resolution, legal basis, authority issuing the resolution, place, the registration number to be cancelled, the name and qualifications of the registration holder, the ground(s) for cancellation.
17.2.3 If the cancellation request comes from a third party, it must indicate the following: name and qualifications of the applicant, place to receive notifications, product name, registration number, the name and qualifications of the registration holder, the ground(s) for cancellation, and will provide the evidence supporting their request. Upon receiving the request, the AC, by means of a reasoned and substantiated resolution, will determine whether or not the opening of a procedure for registration cancellation proceeds. The final resolution will have the ordinary and extraordinary remedies contemplated in Article 342 and subsequent and concordant articles of the General Public Administration Law (Ley General de la Administración Pública).
17.2.4 Response (Descargo): having complied with the above, the AC will grant a period of 15 business days to the registration holder to present their response (descargo) and provide and offer the evidence deemed pertinent for the defense of their interests.
17.2.5 Final resolution: within a period not exceeding 42 calendar days, the final resolution will be issued, accepting or rejecting the request for suspension or cancellation of the registration. Said resolution will be notified to the registration holder and in all cases to MINSA and MINAE.
17.2.6 Remedies: the final resolution will have the ordinary and extraordinary remedies contemplated in Article 342 and subsequent and concordant articles of the General Public Administration Law (Ley General de la Administración Pública).
18 RECTIFICATION OF REGISTRATION ERRORS 18.1 Types of registration errors 18.1.1 The errors contained in the registry entries may be of fact (de hecho) or of law (de derecho).
18.1.2 An error of fact (error de hecho) occurs when, without known intention, some words are written for others or the expression of any formal circumstance of the entries is omitted.
18.1.3 An error of law (error de derecho) occurs when, without known intention, the concepts contained in the respective application are altered, varying their true meaning.
18.2 Method of rectifying registration errors 18.2.1 Errors of fact (de hecho) and of law (de derecho) will be corrected ex officio or at the request of a party, by the SFE unit that administers the registration, which will do so under its responsibility, if such errors are evident from the set of information contained in the respective case files.
18.2.2 When errors or omissions exist in the registration act that lead to the cancellation of the registration, the interested party will be informed, and its replacement will subsequently be carried out by means of a new registration. Said registration will be valid as of the date of rectification. This cancellation will be declared by means of a reasoned resolution by the SFE unit that administers the registration.
19. COMPETENT AUTHORITIES 19.1 The State Phytosanitary Service (Servicio Fitosanitario del Estado, SFE) is the Competent Authority (Autoridad Competente, AC) for the administration of the registrations of formulated synthetic pesticides (plaguicidas sintéticos formulados), technical grade active ingredient (ingrediente activo grado técnico), adjuvants (coadyuvantes), related substances (sustancias afines), and physical vehicles (vehículos físicos) for agricultural use.
19.2 The Ministry of Health (Ministerio de Salud), and the Ministry of Environment and Energy (Ministerio de Ambiente y Energía), as well as the competent units of the SFE of the Ministry of Agriculture and Livestock (Ministerio de Agricultura y Ganadería), are the competent reviewing authorities.
19.3 The State Phytosanitary Service (Servicio Fitosanitario del Estado, SFE) of the Ministry of Agriculture will analyze the substantive aspects according to its competences, as established in:
19.3.1 Section 14, Registration Renewal and Requirements in its entirety.
19.3.2 Section 15, Modifications to the Registration in its entirety.
19.3.3 Annex A. Application Form for Registration of Technical Grade Active Ingredient with Complete Data Evaluation.
19.3.4 Annex B. Requirements for the Registration of Technical Grade Active Ingredient with complete data evaluation; subsection A) Administrative information dossier (Legajo de información administrativa), subsection B) Technical Information Dossier (Legajo de Información Técnica); Chemical Requirements for SFE Evaluation, subsection C) Confidential dossier (Legajo confidencial).
19.3.5 Annex C. Application Form for Registration of Technical Grade Active Ingredient by equivalence, Threshold I and II.
19.3.6 Annex D. Requirements for the Registration of Technical Grade Active Ingredient by equivalence Threshold I.
19.3.7 Annex E. Requirements for the Registration of Technical Grade Active Ingredient by equivalence Threshold II, subsection B Administrative Dossier of the Case File.
19.3.8 Annex F. Application Form for Registration of Formulated Synthetic Pesticides.
19.3.9 Annex G. Requirements for registration of formulated synthetic pesticide (plaguicida sintético formulado), subsection B) administrative dossier of the case file; subsection C) Technical information dossier of the case file, chemical requirements and agronomic requirements for SFE; subsection D) Confidential Information Dossier.
19.3.10 Annex H. Application form for registration of related substances (sustancias afines) and adjuvants (coadyuvantes) of minimum risk and with evaluation by MINSA and MINAE.
19.3.11 Annex I. Requirements for the registration of adjuvants (coadyuvantes) and related substances (sustancias afines) of minimum risk.
19.3.12 Annex J. Requirements for the registration of adjuvants (coadyuvantes) and related substances (sustancias afines) with Evaluation by MINSA and MINAE, subsection A) Administrative dossier of the case file, subsection B) Technical information dossier Chemical and Agronomic Requirements for SFE evaluation and C) Confidential dossier.
19.3.13 Annex K. Application form for registration of physical vehicle (vehículo físico) with incorporated TGAI or related substance (sustancia afín).
19.3.14 Annex L. Requirements for the Registration of Physical vehicles (Vehículos físicos) with Incorporated TGAI or Related Substances (Sustancias Afín), subsection B) Administrative Dossier of the Case File; subsection C) Confidential Information Dossier of the Case File; subsection D) Technical information dossier of the Case File.
19.3.15 Annex M. Form for the application for modification to the registration according to numeral 15.2.3.
19.3.16 Annex N. Review Form for Efficacy Trial Protocols of Related Substances (Sustancias Afines) and Physical Vehicles (Vehículos Físicos) for use in agriculture for registration purposes.
19.4 MINSA will analyze the substantive aspects according to its competences, as established in:
19.4.1 Section 15 Modifications to the Registration: numeral 15.2.1. For the modification in agronomic use (crops, pests, doses, application intervals, pre-harvest interval, type of application). Numeral 15.2.2. For the toxicological reclassification of the technical grade active ingredient or of a formulated synthetic pesticide (plaguicida sintético formulado), adjuvant (coadyuvante), or related substance (sustancia afín), upon having new acute toxicology information more commensurate with the product. Numeral 15.2.4. For a change in the composition of the formulation of formulated synthetic pesticides (plaguicidas sintéticos formulados).
19.4.5 Annex B. Requirements for the registration of Technical Grade Active Ingredient with Complete data evaluation; subsection A) Administrative information dossier, point 3. safety data sheet and point 4. Label; subsection B) Technical Information Dossier, Toxicological Requirements for MINSA Evaluation.
19.4.6 Annex E. Requirements for the Registration of Technical Grade Active Ingredient by equivalence Threshold II, subsection B) Administrative information dossier; point 3 Safety Data Sheet and point 4 Label; subsection C) Technical information dossier of the case file Toxicological Requirements for MINSA evaluation.
19.4.7 Annex G. Requirements for registration of formulated synthetic pesticide (plaguicida sintético formulado), subsection B) Administrative dossier of the case file, point 4 Safety data sheet, point 5 Label and point 6 Pamphlet, subsection C) Technical Information Dossier of the Case File Toxicological Requirements for MINSA evaluation.
19.4.8 Annex J. Requirements for the Registration of Adjuvants (Coadyuvantes) and Related Substances (Sustancias Afines) with MINSA and MINAE evaluation. Subsection A) Administrative Dossier of the Case File, point 3 Safety Data Sheet, point 4 Label and point 5 Pamphlet, subsection B) Technical Information Dossier; Toxicological Requirements for MINSA Evaluation.
19.4.9 Annex L. Requirements for the Registration of Physical Vehicles (Vehículos Físicos) with incorporated TGAI or Related Substance (Sustancia Afín), subsection B) Administrative Dossier of the Case File point 4 Safety Data Sheet, point 5 Label and point 6 Pamphlet.
19.5 MINAE will analyze the substantive aspects according to its competences as established in:
19.5.1 Section 15 Modifications to the Registration: 15.2.1 For the modification in agronomic use (crops, pests, doses, application intervals, pre-harvest interval, type of application). 15.2.4 For a change in the composition of the formulation of formulated synthetic pesticides (plaguicidas sintéticos formulados).
19.5.2 Annex A. Application Form for Registration of Technical Grade Active Ingredient with Complete Data Evaluation.
19.5.3 Annex B. Requirements for the registration of Technical Grade Active Ingredient with Complete Data Evaluation; subsection A) Administrative information dossier; section 3 safety data sheet and 4 Label; subsection B) Technical Information Dossier, Ecotoxicological and Environmental Fate Requirements (Requisitos Ecotoxicológicos y de Destino Ambiental) for MINAE Evaluation.
19.5.4 Annex C. Application Form for Registration of Technical Grade Active Ingredient by equivalence, Threshold I and II.
19.5.5 Annex D. Requirements for the Registration of Technical Grade Active Ingredient by equivalence Threshold I: subsection D) Confidential dossier of the case file, point 1 Certificate of qualitative and quantitative composition of the technical grade active ingredient issued by the parent company or by the manufacturer and signed by the responsible professional, point 5 Identity of impurities or eventually groups of related impurities present in the active ingredient synthesized by the manufacturer or under the manufacturer's supervision as stated in the composition certificate, point 6 Justification of the presence of impurities.
19.5.6 Annex E. Requirements for the Registration of Technical Grade Active Ingredient by equivalence Threshold II, subsection B) Administrative information dossier; point 3 Safety Data Sheet and point 4 Label; subsection C) Technical information dossier of the case file Ecotoxicological and environmental fate requirements (Requisitos ecotoxicológicos y de destino ambiental) for MINAE evaluation.
19.5.7 Annex F. Application form for registration of Formulated Synthetic Pesticides.
19.5.8 Annex G. Requirements for the Registration of Formulated Synthetic Pesticide (Plaguicida Sintético Formulado), subsection B) Administrative dossier of the case file, point 4 Safety data sheet, point 5 Label and point 6 Pamphlet, subsection C) Technical Information Dossier of the Case File; Ecotoxicological and environmental fate requirements (Requisitos ecotoxicológicos y de destino ambiental) for MINAE evaluation; subsection D) Confidential Information Dossier point 1 Certificate of the qualitative-quantitative composition of the formulated synthetic pesticide (plaguicida sintético formulado) original or copy certified by a notary public.
19.5.9 Annex H. Application form for registration of related substances (sustancias afines) and adjuvants (coadyuvantes) of minimum risk and with evaluation by MINSA and MINAE.
19.5.10 Annex J. Requirements for the Registration of Adjuvants (Coadyuvantes) and Related Substances (Sustancias Afines) with MINSA and MINAE evaluation Subsection A) Administrative Dossier of the Case File, point 3 Safety Data Sheet, point 4 Label and point 5 Pamphlet, Subsection B) Technical Information Dossier; Ecotoxicological and Environmental Fate Requirements (Requisitos Ecotoxicológicos y de Destino Ambiental) for MINAE Evaluation and C) Confidential dossier; Certificate of qualitative-quantitative composition of the related substance (sustancia afín) or adjuvant (coadyuvante).
19.5.11 Annex K. Application form for registration of physical vehicle (vehículo físico) with incorporated TGAI or related substance (sustancia afín).
19.5.12 Annex L. Requirements for the Registration of Physical Vehicles (Vehículos Físicos) with incorporated TGAI or Related Substance (Sustancia Afín), subsection B) Administrative Dossier of the Case File point 4 Safety Data Sheet, point 5 Label and point 6 Pamphlet; subsection C) Confidential Information Dossier of the Case File point 1 Certificate of qualitative-quantitative composition of the physical vehicle (vehículo físico) to be registered.
19.5.13 For all registration modalities, MINAE may consult and use data from other sections of the administrative, technical, and confidential dossiers necessary to verify that the product does not affect the environment and issue the respective report.
The opinion issued by the Ministries of Health and Environment will be binding for the AC provided it deals with matters specific to the competence of each ministry. All inter-institutional administrative management will be carried out by the State Phytosanitary Service as the competent authority.
20. CONCORDANCES This document does not coincide with any international standard because such regulation does not exist at the time of drafting this regulation.
21. BIBLIOGRAPHY For the drafting of this regulation, the following international standards, guides, and guidelines were used as bibliographic references:
21.1 Annex I. OCDE Test Guidelines for Studies Included in the SIDS. Manual for Investigation of HPV chemicals. http: //www.OCDE.org/document/23/0,2340, en_2649_34379_ 1948503_1_1_1_1, 00.html.
21.2 Ashby J and Tennant RW (1991): Definitive relationships among chemical structure, carcinogenicity ad mutagenicity of 302 chemicals tested by the U.S. NTP. Mutation Research 257, 229-306.
21.3 International Code of Conduct on the Distribution and Use of Pesticides (Código Internacional de Conducta para la Distribución y Utilización de Plaguicidas). Revised Version Rome, 2014.
21.4 Guidelines on Efficacy Data Registration of Pesticides for Plant Protection (Directrices para Datos de Eficacia para el Registro de Plaguicidas Destinados a la Protección de Cultivos). Rome, March 1985.
21.5 Guidelines for the registration and control of pesticides - including a model scheme for the establishment of national organization (Directrices para el Registro y Control de los Plaguicidas con un Plan Modelo para la Creación de Organizaciones Nacionales). Rome, March 1985.
21.6 Guidelines for legislation on the control of pesticides (Directrices sobre la Legislación para el Control de Plaguicidas) Rome, October 1989.
21.7 Guidelines- Initial introduction and subsequent development of a simple national pesticide registration and control scheme (Directrices sobre la Introducción Inicial y Elaboración Posterior de un Sistema Nacional Sencillo de Registro y Control de Plaguicidas) Rome, August 1991.
21.8 Guidelines for pesticide residue trials to obtain data for the registration of pesticides and the establishment of maximum residue limits. FAO, Rome. 1986.
21.9 ECB (2003): Use of ((Q)SAR) (Quantitative Structure Activity Relationships) in Risk Analysis in: 93/67/ EEC « Technical Guidance Document on Risk Assessment in Support of Commission Directive on Risk Assessment for new notified substances (EC) Nº 1488/94"Commission Regulation on Risk Assessment for existing substances of the European Parliament and of the Council concerning the placing of biocidal products in the market Part III, Chapter 4, European Commission, Joint Research Centre, Institute for Health and Consumer Protection, European Chemicals Bureau.
21.10 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.
21.11 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.
21.12 Manual on Development and Use of FAO and WHO Specifications for pesticides (Manual sobre la Elaboración y Empleo de las Especificaciones de la FAO y la OMS para Plaguicidas). Rome, 2017.
21.13 Regulation (EC) No 1107/2009 of the European Parliament and of the Council, of 21 October 2009, concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.
21.14 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.
21.15 Van der Berg, M. et al (1998): Toxic Equivalency Factors (TEFs) for PCBs, PCDDS, PCDFs for humans and wildlife. Environmental Health Perspective, 106 (12), 775-792.
21.16 OCDE (2008). OCDE Guidance for Country Data Review Reports on Plant Protection Products and their Active Substances - Revision 3, April 2008 21.17 SANCO 12638/2011, rev 2. 2012. Guidance document on significant and non- significant changes of the chemical composition of authorised plant protection products under Regulation (EC) No 1107/2009 of the EU Parliament and Council on placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC. European Commission.
21.18 European and Mediterranean Plant Protection Organization (EPPO). 2020. PP 1/307(2) Efficacy considerations and data generation when making changes to the chemical composition or formulation type of plant protection products. Bulletin OEPP/EPPO Bulletin (2020) 0 (0), 1-7. ISSN 0250-8052. DOI: 10.1111/epp.12693.
ANNEX A (NORMATIVE) APPLICATION FORM FOR REGISTRATION OF TECHNICAL GRADE ACTIVE INGREDIENT WITH COMPLETE DATA EVALUATION
| 1. General information about the application | |||
|---|---|---|---|
| 1.1 Reason for the application | |||
| ( ) Registration of TGAI complete data | ( ) Renewal of TGAI complete data | ||
| Registration number: | |||
| 1.2 About the registrant | |||
| Company registration number: | Name or corporate name (individual or legal entity): | ||
| Legal entity ID number: | |||
| 1.3 About the legal representative | |||
| Full name: | ID number: | ||
| 2. Product data | |||
| 2.1 Common or generic name, proposed or accepted by ISO, if none exists, provide the name used by IUPAC or proposed by the Chemical Abstract Convention, or lastly, the name proposed by the manufacturer: | 2.2 Product name or trade name: | 2.3 CAS number: | |
| 2.4 IUPAC name: | |||
| 2.5 Molecular mass: | 2.6 Synonyms: | 2.7 Molecular formula: | |
| 2.8 Class: | 2.9 IUPAC chemical group: | 2.10 CIPAC number: | |
| 2.11 Product density for products with m/v concentration: | |||
| 2.12 Minimum concentration of the TGAI: | |||
| 3. Synthesis of the TGAI | |||
| ( ) Local ( ) Imported | |||
| 3.1 Country of origin of the TGAI factory: | |||
| 3.2 Name, address and origin of the manufacturing plant for the technical grade active ingredient including street, district or area, state, city, country: | |||
| 3.3 Experimental code number that was assigned by the manufacturer, which is the designation used by the manufacturer to identify the active ingredient of the pesticide during the early stages of development, if one exists: | |||
| 3.4 Packaging or container: | |||
| 3.5 Material: | 3.6 Type: | 3.7 Size: | |
| 4. Place or means to receive notifications (electronic address): | |||
| 5. Observations: | |||
| Signature of the legal representative: |
ANNEX B (NORMATIVE) REQUIREMENTS FOR THE REGISTRATION OF TECHNICAL GRADE ACTIVE INGREDIENT WITH COMPLETE DATA EVALUATION A) ADMINISTRATIVE INFORMATION FILE 1. Submit the duly completed IAGT registration application form with a full data evaluation (Annex A), in each of its sections.
2. Proof of payment of the current fee.
3. Safety data sheet for the active ingredient technical grade, which must contain the 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." 4. Label. The information on the label must match what is indicated in the dossier.
- B)TECHNICAL INFORMATION FILE The guides and methodologies indicated herein are a recommendation for use; however, other internationally recognized ones may be accepted by the AC.
CHEMICAL REQUIREMENTS FOR SFE EVALUATION 1. Structural formula (must include the stereochemistry of active isomers if known).
2. Studies for the determination of physical and chemical properties, as well as their respective chemical endorsement. The manufacturer of the IAGT or of the purified substance used to conduct the study must match the manufacturer of the product to be registered, or failing that, provide the sworn statement as indicated in point 9.10.
2.1. Physical state. The study conducted with the IAGT must be provided.
2.2. Color. The study conducted with the IAGT must be provided.
2.3. Odor. The study conducted with the IAGT must be provided.
2.4. Melting point in °C (solids). The study conducted with the pure active ingredient must be provided.
2.5. Boiling point in °C (liquids) or decomposition point. The study conducted with the pure active ingredient must be provided.
2.6. Apparent density for solids and relative density for liquids. The study conducted with the IAGT must be provided.
2.7. Vapor pressure, for substances with a boiling point greater than or equal to 30°C. The study conducted with the pure active ingredient must be provided.
2.8. Water solubility. The study conducted with the pure active ingredient must be provided.
2.9. Solubility in organic solvents, in a polar solvent of choice and also a non-polar solvent of choice. May be conducted with the pure active ingredient or with the IAGT.
2.10. pH range. The study must be conducted with the IAGT.
2.11. Ignition point. The study conducted with the IAGT must be provided.
2.12. Flammability (solids). The study conducted with the IAGT must be provided.
2.13. Flash point (liquids). The study conducted with the IAGT must be provided.
2.14. Surface tension. May be conducted with the pure active ingredient.
2.15. Explosive properties. The study conducted on the IAGT must be provided.
2.16. Oxidizing properties. The study conducted on the IAGT must be provided.
2.17. Viscosity (for liquid substances). The study conducted with the IAGT must be provided.
2.18. Dissociation constant in water. The study conducted with the pure active ingredient must be provided.
3. Analytical methods 3.1. Analytical method and its respective validation for determining the purity of the active ingredient technical grade. The analytical method used in the analysis of five batches must be submitted.
3.2. Analytical method and its respective validation for determining the active ingredient in air. These will be required for volatile products.
3.3. Analytical method and its respective validation for determining residues of the active ingredient in the crops or harvests where the product is applied.
3.4. Analytical method and its respective validation for determining residues of the active ingredient in water.
3.5. Analytical method and its respective validation for determining residues of the active ingredient in soil.
3.6. Analytical method and its respective validation for determining relevant impurities, including those found below 0.1%.
TOXICOLOGICAL REQUIREMENTS FOR MINSA EVALUATION The following studies must be submitted, including the cover page, introduction, materials, methods, results, references, and the consolidated data tables supporting the results. The annexes with the record of daily data, photos, figures, protocols, chromatograms, and statistical sheets are not necessary for the analysis.
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 unless the product is a gas or is highly volatile.
2. Acute dermal lethal dose (LD50), expressed in mg/kg body weight (Technical Guide number 402 OECD). This study will be required unless:
2.1. The product is a gas or is highly volatile.
2.2. The product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
3. Acute inhalation median lethal concentration (LC50), expressed in mg/l of air or mg/m3, for 4 hours of exposure (Technical Guide number 403 OECD). 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 dust 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 will be used in enclosed spaces, or will be applied in a manner that generates particles or droplets with a diameter less than 50 micrometers.
4. Dermal irritation (Technical Guide number 404 OECD). This study will be required unless:
4.1. The product is a gas or is highly volatile.
4.2. The product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
5. Eye irritation (Technical Guide number 405 OECD). This study will be required unless:
5.1. The product is a gas or is highly volatile.
5.2. The product is corrosive to the eyes or has a pH less than 2 or greater than 11.5.
6. Skin sensitization (Technical Guide number 406 OECD). This study will be required in all cases, except when:
It is known that the product is a skin sensitizer.
7. Dermal absorption of the active ingredient (Technical Guide number 427 or 428). This study shall be submitted when exposure through the skin constitutes a significant route of exposure. The interested party may justify, based on technical and/or scientific information, the non-submission of said study, with the Competent Reviewing Authority being responsible for reviewing whether it is accepted or not.
8. Study on Absorption, distribution, excretion, or metabolism in mammals (Technical Guide number 417 OECD).
8.1 This study should be conducted preferably in rats.
8.2 Provide information on the rates and extent of absorption and distribution in different tissues.
8.3 Provide information on the rate and extent of excretion, including relevant metabolites.
8.4 Identify metabolites and the metabolic pathway.
*In particular cases, the AC may require additional studies in other species, such as chicken or goat.
9. Subchronic toxicological studies.
9.1. Oral toxicity study, 90 days (Technical Guide number 408 OECD).
* In particular cases, the AC may require, with prior justification and by reasoned resolution, the following studies:
9.1.1 90-day oral study (OECD Technical Guide 409).
9.1.2 28-day oral study (OECD Technical Guide 407).
9.1.3 28-day dermal study (OECD Technical Guide 410).
9.1.4 90-day dermal study (OECD Technical Guide 411).
9.1.5 28-day inhalation study (OECD Technical Guide 412).
9.1.6 90-day inhalation study (OECD Technical Guide 413).
10. Genotoxic studies (mutagenicity):
10.1. Reverse mutation assay in Salmonella typhimurium and Escherichia coli (Technical Guide number 471 OECD).
10.2. Gene mutation assay in mammalian cells (Technical Guide number 476 OECD).
10.3. Micronucleus assay (Technical Guide number 474 OECD).
11. Chronic toxicological studies. Long-term toxicity and carcinogenesis must be determined, using the rat or the dog as the test species.
11.1. 24-month oral carcinogenicity study (Technical Guide number 451 OECD).
11.2. Chronic oral toxicity study in dogs of at least 12 months duration (Technical Guide number 452 OECD).
11.3. Combined chronic toxicity/carcinogenicity study by the oral route for 24 months in rats (Technical Guide number 453 OECD).* * If a combined chronic toxicity/carcinogenicity study according to OECD Guide 453 is submitted, it is not necessary to submit the carcinogenicity study according to OECD Guide 451.
** The AC, in particular justified cases, may request a carcinogenesis study using the mouse as the test species.
12. Studies on reproduction.
12.1. Reproductive toxicity study, using the rat as the test animal and conducted over a minimum of two generations (Technical Guide number 416 OECD).
* The AC may require other studies, with prior technical and duly reasoned justification, this information being essential to proceed with the registration process. It may request complementary studies on:
the 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.
13. Studies on teratogenicity (Technical Guide number 414 OECD).
14. Studies on neurotoxicity for compounds that have effects on the nervous system.
14.1. If the Active Ingredient Technical Grade is an organophosphate:
14.1.1. Acute neurotoxicity study (Technical Guide number 418 OECD).
14.1.2. 90-day subchronic delayed neurotoxicity study (Technical Guide number 419 OECD).
14.2. If the Active Ingredient Technical Grade is not an organophosphate: Neurotoxicity study in rodents (Technical Guide number 424 OECD).
ECOTOXICOLOGICAL AND ENVIRONMENTAL FATE REQUIREMENTS FOR MINAE EVALUATION.
The following studies must be submitted, including the cover page, introduction, materials, methods, results, references, and the consolidated data tables supporting the results. The annexes with the record of daily data, photos, figures, protocols, chromatograms, and statistical sheets are not necessary for the analysis and should not be provided.
Regarding the guides indicated in this section, they are recommended and cited for the clarity of the registrant on the type of study required. However, the studies may have been conducted with any other recognized guide that meets similar parameters.
1. Ecotoxicological studies 1.1. Acute oral toxicity study in birds. Must comply with the provisions of guide OCSPP 850.2100.
1.2. Study on effects on reproduction in birds. Must comply with the provisions of guides OECD 206 and OCSPP 850.2300.
1.3. Acute oral toxicity study for bees. Must comply with the provisions of guide OECD 213.
1.4. Acute contact toxicity study for bees. Must comply with the provisions of guides OECD 214 and OCSPP 850.3020.
1.5. Toxicity study for earthworms. Must comply with the provisions of guides OCSPP 850.3100, OECD 222, or OECD 207.
1.6. Toxicity study for the soil microorganism community: nitrogen transformation. Must comply with the provisions of guides OECD 216 and OCSPP 850.5100.
1.7. Toxicity study for the soil microorganism community: respiration. Must comply with the provisions of guides OECD 217 and OCSPP 850.5100.
1.8. Acute toxicity study in fish. Must comply with the provisions of guides OECD 203 and OCSPP 850.1075.
1.9. Prolonged toxicity study for fish. It is preferable that it be a study conducted with the same species presented in the acute toxicity study. One of two types of studies must be submitted, as appropriate to the properties of the IAGT indicated:
1.9.1. In all cases, a toxicity study on the early life stages of fish must be submitted. Must comply with the provisions of guides OECD 210 and OCSPP 850.1400.
1.9.2. A study on the full life cycle of fish must be submitted, which must comply with the provisions of guides OCSPP 850.1500, when any of the following conditions are met:
1.9.2.1. The bioaccumulation factor is greater than 1000.
1.9.2.2. The substance is persistent in water or sediment (DT50 > 60 days).
1.9.2.3. The acute toxicity study in fish yields EC50 values below 0.1 mg/L.
1.10. Bioaccumulation study in fish. Must comply with the provisions of guides OECD 305 and OCSPP 850.1730 or any other internationally recognized guide. Only needs to be submitted if any of the following criteria are met:
1.10.1. When the n-octanol/water partition coefficient (LogPOW) is greater than or equal to 3.
1.10.2. The product is persistent in water (DT50 > 60 days).
1.11. Acute immobilization study in Daphnia magna. Must comply with the provisions of guides OECD 202 and OCSPP 850.1010.
1.12. Chronic toxicity study in Daphnia magna. Must comply with the provisions of guides OECD 211 and OCSPP 850.1300.
1.13. Toxicity study in algae. Must comply with the provisions of guides OECD 201 and OCSPP 850. 5400.
2. Environmental fate studies:
2.1. Study on aerobic degradation in soil. Must comply with the provisions of guides OECD 307 and OCSPP 835.4100 or any other internationally recognized guide.
2.2. Study on adsorption and desorption. Must comply with the provisions of guides OECD 106 and OCSPP 835. 1230 or any other internationally recognized guide.
2.3. Study on leaching in soil. Must comply with the provisions of guides OECD 312 and OCSPP 835. 1240. Only required if data obtained from the adsorption and desorption study determines a Koc value < 15 ml/g.
2.4. Study on aerobic degradation in water. Must comply with the provisions of guides OECD 308 and OCSPP 835.4400 or OCSPP 835 4300 or any other internationally recognized guide.
2.5. Study on hydrolysis. Must comply with the provisions of guides OECD 111 and OCSPP 835.2120 or 835.2130 or any other internationally recognized guide.
2.6. Study on aqueous photolysis. Must comply with the provisions of guides OECD 316 and OCSPP 835.2210 or 835.2240 or any other internationally recognized guide.
2.7. Study on the n-octanol / water partition coefficient (KO/W). Must comply with the provisions of guide OECD 122 or any other internationally recognized guide.
2.8. In the event that the environmental fate studies on the IAGT to be registered report degradation products that are increasing or exceed 10% at the end of the studies, a report must be submitted by the registrant on the ecotoxicological characteristics and behavior in soil and water of those degradation products. Said report must be based on scientific documents or data on the characteristics of these substances, enabling the determination of persistence.
- C)CONFIDENTIAL FILE Must submit the following information:
1. Certificate of qualitative and quantitative composition of the active ingredient technical grade issued by the parent company or by the manufacturer and signed by the responsible professional. It must be submitted signed in original or as a 2. copy certified by a notary public, which shall contain:
1.1 Minimum concentration of the active ingredient technical grade expressed as a percentage m/m (or g/kg) or percentage m/v. If the concentration is given in m/v, the density must be declared.
1.2 Maximum concentration of each impurity greater than or equal to one gram per kilogram (1 g/kg) or 0.1% m/m.
1.3 Maximum concentration of relevant impurities; if they are not present, the absence of the same must be indicated.
1.4 Minimum and maximum concentration of other additives present, expressed in g/kg or percentage, as appropriate and applicable to the specific case. Must indicate the function (e.g., stabilizer).
1.5 The identity of the active ingredient, impurities, and additives (the latter as appropriate and applicable to the specific case) must be indicated according to their IUPAC chemical name and the CAS number when available; if not available, the chemical structure must be submitted.
1.6 If the active ingredient is a TK, the concentration on a dry basis must also be submitted, and the maximum and minimum limit must be indicated.
2 Study of five batches conducted with the IAGT to be registered. Typically, the unidentified and unaccounted-for fraction of the active ingredient technical grade TC/TK should not exceed twenty grams per kilogram.
The chromatograms (with their respective area) corresponding to each sampled batch must be attached and must comply with the guides indicated in point 9.4. If the guide is not indicated or a different one is used, it must comply with the provisions of point 9.5. The results obtained in the five-batch study must comply with the limits established in the certificate of composition.
3 Justification for the determination of the manufacturing limits established for the active ingredient technical grade and impurities. The statistical bases or other technical criteria used to establish the manufacturing limits must be explained, and the respective technical justification of how they were arrived at must be provided for evaluation by the AC. If it is not a statistical criterion, supporting data must be provided to give greater justification to the technical specification. Expert criteria must be technically justified.
4 Analysis of the identity of the purified active ingredient for cases where the chemical entity is not registered in the country: this shall consist of a set of analytical determinations that allow the composition and constitution of the active ingredient to be unequivocally established. For this purpose, two spectra of the active ingredient with their proper interpretation must be submitted, from among the following: IR, NMR, Mass, and UV-VIS, with at least one of NMR or Mass required to be submitted. Both may also be submitted if available. In case of doubt, the AC, by reasoned resolution, may request an additional test.
5 Identity of the impurities or possibly groups of related impurities present in the active ingredient synthesized by the manufacturer or under the manufacturer's supervision, as stated in the certificate of composition, must be identified by chemical and spectroscopic analyses with their proper interpretation that allow the identity of each impurity or group of related impurities to be concluded indubitably and unequivocally.
6 Justification for the presence of impurities: the registrant must provide the necessary technical explanations regarding the presence of impurities in the product. The justification must be based on chemical grounds.
If the AC determines that a relevant impurity may be present, it will request the technical justification of why it has not been declared, with prior technical and duly reasoned justification. This information is essential to proceed with the registration process.
7 Analytical Methods and their respective validation used in the five-batch study to determine impurities greater than or equal to one gram per kilogram (1 g/kg) or 0.1% m/m.
8 Summary of the manufacturing route. For each process resulting in an active ingredient technical grade, the following information must be provided:
8.1 Name and address of the manufacturer participating in the process.
8.2 General description of the process: prose description explaining the steps required to carry out the synthesis of the product.
8.3 Manufacturing flow diagram.
8.4 Identification of the materials used to produce the product.
8.5 General description of the conditions controlled during the process, as applicable: temperature, pressure, pH, and humidity.
(NORMATIVE) APPLICATION FORM FOR REGISTRATION OF ACTIVE INGREDIENT TECHNICAL GRADE BY EQUIVALENCE, THRESHOLD I AND II
| 1. General information on the application | ||
|---|---|---|
| 1.1 Reason for the application | ||
| 1.1.1 Registration | ||
| ( ) Registration of IAGT by equivalence under Threshold I | ( ) Registration of IAGT by equivalence under Threshold II | |
| If the application is for Threshold II, indicate the tracking number assigned in Threshold I: | ||
| Indicate the registration number of the reference profile with which it must be compared: | ||
| 1.1.2 Renewal | ||
| ( ) Renewal of IAGT by equivalence | Registration number of the IAGT being renewed: | |
| 1.2 About the registrant | ||
| Company registration number: | Name or corporate name (individual or legal entity): | |
| Legal ID number: | ||
| 1.3 About the legal representative | ||
| Full name: | Identification number: | |
| 2. Product data | ||
| 1.1 Common or generic name, proposed or accepted by ISO by 1.2 its English acronym, 1.3 if non-existent 1.4 provide the one used by IUPAC or the one proposed by the Chemical Abstract Convention, or lastly the one proposed by the manufacturer: | 2.2 Product name or trade name: | 2.3 CAS Number: |
| 2.4 Molecular mass: | 2.5 Synonyms: | 2.6 Molecular formula: |
| 2.7 IUPAC name: | ||
| 2.8 Class: | 2.9 Chemical group | 2.10 CIPAC Number: |
| IUPAC: | ||
|---|---|---|
| 2.11 Structural formula: | ||
| 2.12 Minimum concentration of the IAGT: | ||
| 2.13 Product density for products with m/v concentration: | ||
| 3. Synthesis of the IAGT | ||
| ( ) Local ( ) Imported | ||
| 3.1 Country of origin of the IAGT factory: | ||
| 3.2 Name, address, and origin of the manufacturing plant of the active ingredient technical grade including street, district or area, state, city, country: | ||
| 3.3 Experimental code number assigned by the manufacturer; it is the designation used by the manufacturer to identify the active ingredient of the pesticide during the early stages of development, if it exists: | ||
| 3.4 Packaging or container: | ||
| 3.5 Material: | 3.6 Type: | 3.7 Size: |
| 4. Place or medium where notifications will be received (Electronic Address): | ||
| 5. Observations: | ||
| Signature of the legal representative: |
(NORMATIVE) REQUIREMENTS FOR THE REGISTRATION OF ACTIVE INGREDIENT TECHNICAL GRADE BY EQUIVALENCE-THRESHOLD I A) GENERAL REQUIREMENTS The modality of registration of active ingredient technical grade by equivalence may be opted for, provided that the AC has a reference profile, in accordance with the provisions of this regulation. The application shall not be admitted if it does not comply with the foregoing.
- B)ADMINISTRATIVE FILE OF THE DOSSIER 1. Submit the duly completed IAGT registration by equivalence application form (Annex C), in each of its sections.
2. Proof of payment of the current fee.
3. Label. The information on the label must match what is indicated in the dossier.
- C)TECHNICAL INFORMATION FILE OF THE DOSSIER The guides and methodologies indicated herein are a recommendation for use; however, other internationally recognized ones may be accepted by the AC.
CHEMICAL REQUIREMENTS FOR SFE EVALUATION 1. Structural formula (must include the stereochemistry of active isomers if applicable or known).
2. Analytical method and its respective validation for determining the purity of the active ingredient technical grade. The analytical method used in the analysis of five batches must be submitted.
3. Analytical method and its respective validation for determining relevant impurities, including those found below 0.1%.
- D)CONFIDENTIAL FILE OF THE DOSSIER 1. Certificate of qualitative and quantitative composition of the active ingredient technical grade issued by the parent company or by the manufacturer and signed by the responsible professional. It must be submitted signed in original or copy certified 2. by a notary public, which shall contain:
1.1. Minimum concentration of the active ingredient technical grade expressed as a percentage m/m (or g/kg) or percentage m/v. If the concentration is given in m/v, the density must be declared.
1.2. Maximum concentration of each impurity greater than or equal to one gram per kilogram (1 g/kg) or 0.1% m/m.
1.3. Maximum concentration of relevant impurities; if they are not present, the absence of the same must be indicated.
1.4. Minimum and maximum concentration of other additives present, expressed in g/kg or percentage, as appropriate and applicable to the specific case. Must indicate the function (e.g., stabilizer).
1.5. The identity of the active ingredient, impurities, and additives (the latter as appropriate and applicable to the specific case) must be indicated according to their IUPAC chemical name and the CAS number when available; if not available, the chemical structure must be submitted.
1.6. If the active ingredient is a TK, the concentration on a dry basis must also be submitted, and the maximum and minimum limit must be indicated.
3. Study of five batches conducted with the IAGT to be registered. Typically, the unidentified and unaccounted-for fraction of the active ingredient technical grade TC/TK should not exceed twenty grams per kilogram.
4. The analyses and chromatograms (with their respective area) corresponding to each sampled batch must be attached and must comply with the guides indicated in point 9.4. If the guide is not indicated or a different guide is used, 5. it must comply with the provisions of point 9.5. The results obtained in the five-batch study must comply with the limits established in the certificate of composition.
1. Justification for the determination of the manufacturing limits established for the active ingredient technical grade and impurities. The statistical bases or other technical criteria used to establish the manufacturing limits must be explained 2. and the respective technical justification of how they were arrived at must be provided for evaluation by the AC. If it is not a statistical criterion, supporting data must be provided 3. to give greater justification to the technical specification. Expert criteria must be technically justified.
4. Analysis of the identity of the active ingredient technical grade compared to the standard, which shall consist of a set of analytical determinations that allow the composition and constitution of the active ingredient 5. to be unequivocally established. For this purpose, two spectra of the active ingredient with their proper interpretation must be submitted, from among the following: IR, NMR, Mass, and UV-VIS, with at least one of NMR or Mass required to be submitted. Both may also be submitted if available. In case of doubt, the AC, by reasoned resolution, may request an additional test.
5. Identity of the impurities or possibly groups of related impurities present in the active ingredient synthesized by the manufacturer or under the manufacturer's supervision, as stated in the certificate of composition, must be identified by chemical and spectroscopic analyses with their proper interpretation that allow the identity of each impurity or group of related impurities to be concluded indubitably and unequivocally.
6. Justification for the presence of impurities: the registrant must provide the necessary technical explanations regarding the presence of impurities in the product. The justification must be based on chemical grounds.
7. If the AC determines that a relevant impurity may be present, it will request the technical justification of why it has not been declared.
7. Analytical Methods and their respective validation used in the five-batch study to determine impurities greater than or equal to one gram per kilogram (1 g/kg) or 0.1% m/m.
8. Summary of the manufacturing route. For each process resulting in an active ingredient technical grade, the following information must be provided:
8.1 Name and address of the manufacturer participating in the process.
8.2 General description of the process: a written description in prose which must explain the necessary steps to carry out the synthesis of the product.
8.3 Manufacturing flow chart.
8.4 Identification of the materials used to produce the product.
8.5 General description of the conditions controlled during the process, as applicable: temperature, pressure, pH, and humidity.
(NORMATIVE) REQUIREMENTS FOR THE REGISTRATION OF TECHNICAL GRADE ACTIVE INGREDIENT A) GENERAL REQUIREMENTS An application for the registration of a technical grade active ingredient by equivalence under threshold II may be opted for, provided that the AC has issued a resolution for the application for registration of a technical grade active ingredient by equivalence under threshold I concluding that the evaluated profile is not equivalent to the reference profile based solely on the Threshold I criterion; therefore, the registrant shall be empowered to submit an application for equivalence under Threshold II, so that it can be technically analyzed whether the alteration of the impurity profile leads to an unacceptable increase in risk, meaning the new source is not equivalent to the reference source. The application will not be admitted if it does not comply with the foregoing.
- B)ADMINISTRATIVE FILE OF THE DOSSIER 1. Properly submit the fully completed application form for IAGT registration by equivalence (Annex C), in each of its sections.
2. Proof of payment of the current fee.
3. The 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)".
4. Label. The information on the label must match what is indicated in the dossier.
- C)TECHNICAL INFORMATION FILE OF THE DOSSIER The guides and methodologies indicated here are a recommendation for use; however, other internationally recognized ones may be accepted by the AC.
TOXICOLOGICAL REQUIREMENTS FOR MINSA EVALUATION 1. Studies for the toxicological profile. The following requirements must be submitted:
1.1 Acute oral median lethal dose (LD50). (OECD Technical Guide number 423). This study will be required in all cases unless the product is a gas or is highly volatile.
1.2 Acute dermal lethal dose (LD50). (OECD Technical Guide number 402). This study will be required unless the product is a gas or is highly volatile; is corrosive to the skin or has a pH less than 2 or greater than 11.5.
1.3 Acute inhalation median lethal concentration (LC50) (OECD Technical Guide number 403). 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 of 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 a way that generates particles or droplets with diameters of less than 50 micrometers 1.4 Dermal irritation study (OECD Technical Guide number 404). This study will be required unless the product is a gas or is highly volatile; is corrosive to the skin or has a pH less than 2 or greater than 11.5.
1.5 Eye irritation study (OECD Technical Guide number 405). This study will be required unless the product is a gas or is highly volatile; is corrosive to the eyes or has a pH less than 2 or greater than 11.5.
1.6 Skin sensitization study (OECD Technical Guide number 406). This study will be required in all cases, except when the product is known to be a skin sensitizer.
ECOTOXICOLOGICAL AND ENVIRONMENTAL FATE REQUIREMENTS FOR MINAE EVALUATION Studies for the ecotoxicological profile. The available information must be submitted according to the following alternatives:
1. The registrant may submit the technically or scientifically supported information it deems competent to justify that the present impurities do not represent an unacceptable increase in the hazard of the new 2. source compared to the reference profile (for example: QSAR/SAR).
2. The registrant may submit the following ecotoxicological studies of the IAGT to be registered, based on the toxicity to aquatic and terrestrial organisms (fish, daphnia, birds, bees, algae). The registrant may justify the non-submission of any of the studies through a report based on the mode and mechanism of action, solubility, volatility, physical state, or others, as applicable in each case:
2.1 Acute oral toxicity in birds. It is recommended to use guide OCSPP 850.2100.
2.2 Acute oral toxicity to bees. It is recommended to use guide OECD 213.
2.3 Acute contact toxicity to bees. It is recommended to use guide OECD 214, OCSPP 850.3020.
2.4 Acute toxicity in fish. It is recommended to use guide OECD 203, OCSPP 850.1075.
2.5 Acute toxicity in Daphnia magna. It is recommended to use guide OECD 202 or OCSPP 850.1010.
2.6 Effect on the growth of algae or aquatic plants. It is recommended to use guide OECD 201, OCSPP 850.5400.
3. In the event that one or several of the applicable studies from those indicated above are not available for the IAGT to be registered, the available ecotoxicological information for the reported impurities must be submitted, based on recognized available databases, or on estimates using QSAR/SAR models, among others.
3. If, through recognized databases and QSAR/SAR or other models, it is not possible to obtain the ecotoxicological values for the impurities, a report (with its respective references) may be submitted that 4. demonstrates whether or not the toxic action of the IAGT against the considered species is determined by its corresponding mode of action.
(NORMATIVE) APPLICATION FORM FOR THE REGISTRATION OF FORMULATED SYNTHETIC PESTICIDES | 1. General information about the application | | | | --- | --- | --- | | 1.1 Reason for application | | | | ( ) Registration of formulated synthetic pesticide | ( ) Renewal of formulated synthetic pesticide | | | Registration number: | | | | 1.2 About the registrant | | | | Registration number of the company: | Name or corporate name (natural or legal person): | | | Legal ID number: | | | | 1.3 About the legal representative | | | | Full name: | Identification number: | | | 2. Product data | | | | 1.1 Common or generic name, proposed or accepted by 1.2 ISO, if this does not exist 1.3 provide the one used by IUPAC 1.4 or the one proposed by the Chemical Abstract Convention, 1.5 or lastly the one proposed by the manufacturer of the IAGT used: | 2.2 Product name or trade name: | 2.3 CAS number of the IAGT: | | 2.4 IUPAC name of the IAGT(s): | | | | 2.5 Class: | 2.6 IUPAC chemical group of the IAGT: | 2.7 Formulation type: | | 2.8 Requested crops: | 2.9 MRL for each crop: | | | 2.10 Manufacturer of the IAGT of the formulated synthetic pesticide: | 2.11 Minimum concentration of the IAGT of the formulated synthetic pesticide: | | | 2.12 Registration number of the IAGT associated with the formulated synthetic pesticide: | | | | --- | --- | --- | | 2.13: Product density for products with m/v concentration: | | | | 3. Product formulation | | | | ( ) Local ( ) Imported | | | | 3.1 Country of origin of the formulated synthetic pesticide: | | | | 3.2 Name, address, and origin of the formulation plant including street, district or area, state, city, country: | | | | 3.3 Packaging or container: | | | | 3.4 Material: | 3.5 Type: | 3.6 Size: | | 4. Place or means where notifications will be received (email address): | | | | 5. Observations: | | | | Signature of the legal representative: | | |
(NORMATIVE) REQUIREMENTS FOR THE REGISTRATION OF A FORMULATED SYNTHETIC PESTICIDE A) GENERAL REQUIREMENTS 1. The registrant must be the holder of the registration of the active ingredient used to formulate the formulated synthetic pesticide or must have the authorization of the holder of the registration of the active ingredient used to formulate the formulated synthetic pesticide.
2. To apply for the registration of formulated synthetic pesticides, it is essential that the technical grade active ingredient(s) that compose it is/are registered before the AC with the respective evaluation and approval of the reviewing authorities according to their competencies. The application will not be admitted if it does not comply with the foregoing.
3. Registration will not be granted for a formulated synthetic pesticide when any data protection period for the test data of the technical grade active ingredient(s) used to formulate the formulated synthetic 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.
- B)ADMINISTRATIVE FILE OF THE DOSSIER 1. Properly submit the fully completed application form for the registration of the formulated synthetic pesticide (Annex F), in each of its sections.
2. Proof of payment of the current fee.
3. If the formulated synthetic pesticide is being registered by a company other than the one that obtained the registration of the technical grade active ingredient(s), attach a letter of authorization from the registration holder.
1. Safety data sheet for the formulated synthetic pesticide, must contain the internationally standardized requirements using as a model the guidelines of the United Nations Globally Harmonized System of Classification and Labelling of 2. Chemicals (GHS).
5. Label. The information on the label must coincide with what is indicated in the dossier.
6. Leaflet. The information on the leaflet must coincide with what is indicated in the dossier and with the approval resolution for the efficacy trial, issued by the SFE Control Unit.
- C)TECHNICAL INFORMATION FILE OF THE DOSSIER The guides and methodologies indicated here are a recommendation for use; however, other internationally recognized ones may be accepted by the AC.
CHEMICAL REQUIREMENTS FOR SFE EVALUATION 1. Analytical method(s) used for the determination of the active ingredient contained in the formulated synthetic pesticide, from the five lots with their respective validation.
2. Studies on the determination of physical and chemical properties.
2.1 Appearance.
2.2 Color.
2.3 Odor.
2.4 Storage stability, must indicate the container material.
2.5 Density (solids and liquids).
2.6 Flammability or flash point.
2.7 pH.
2.8 Explosivity.
2.9 Corrosivity.
2.10 Viscosity (for liquid substances) For the preparation of studies, it is recommended to use the CIPAC, EEC, FIFRA, OECD, OCSPP guides and other internationally recognized ones.
3. Studies on the determination of physical properties related to their use. Submit the study when applicable.
3.1 Wettability. Applicability: all solid formulations to be dispersed or dissolved in water. Methodology: MT 53.3 Wetting of wettable powders or current version or another internationally recognized one.
3.2 Foam persistence. Applicability: All formulations intended for dilution with water before use. Methodology: MT 47.3 Foam persistence or current version or another internationally recognized one.
3.3 Wet sieve analysis. Applicability: To wettable powders (WP), suspension concentrates including those intended for seed treatment and oil-based (SC, FS and OD); water dispersible granules (WG), aqueous capsule suspensions (CS), dispersible concentrates (DC), suspo-emulsions (SE), water soluble tablets and water dispersible tablets (ST and WT); and emulsifiable granules and powders (EG and EP). Methodology: MT 182 Wet sieving using recycled water; MT 185 Wet sieve test, the preferred method, a review of methods MT 59.3 and MT 167 or current version or another internationally recognized one.
3.4 Dry sieve analysis. Applicability: Powders and granules intended for direct application. Methodology: MT 170 Dry sieve analysis of water dispersible granules (WG) or current version or another internationally recognized one.
3.5 Nominal size range. Applicability: Granules (GR). Methodology: MT 170 Dry sieve analysis for water dispersible granules (WG), MT 187 The analysis of particle size by laser diffraction or current version or another internationally recognized one.
3.6 Dustiness. Applicability: Granules (GR), water dispersible granules (WG), emulsifiable granules (EG) and water soluble granules (SG). Methodology: MT 171.1 Dustiness of granular formulations or current version or another internationally recognized one.
3.7 Resistance to wear or degree of wear. Applicability: Granular formulations (GR, WG, SG and EG) and tablet formulations (DT, WT, ST, depending on their intended mode of use).
Methodology: MT 178 Resistance to wear of granules (GR). MT 178.2 Resistance to wear of granules intended for dispersion in water (WG, SG, EG). MT 193 Friability of tablets or current version or another internationally recognized one.
3.8 Adherence to seeds. Applicability: To all formulations for seed treatment. Methodology: MT 194 Adhesion for treated seed or current version or another internationally recognized one.
3.9 Particle size range. Applicability: Multi-phase formulations, as applicable. Methodology: MT 187 Particle size analysis by laser diffraction or current version or another internationally recognized one.
3.10 Dispersibility and spontaneity of dispersion. Applicability: To suspension concentrates (SC), aqueous capsule suspensions (CS) and water dispersible granules (WG). Methodology: MT 160 Spontaneity of dispersion of suspension concentrates; MT 174 Dispersibility of water dispersible granules or another internationally recognized one.
3.11 Disintegration time and degree of dispersibility or dissolution. Applicability: To soluble tablets (ST) and to water dispersible tablets (WT). Methodology: MT 196 Solution properties of ST formulations; MT 197 Disintegration of tablets or another internationally recognized one.
3.12 Suspensibility. Applicability: Wettable powders (WP), suspension concentrates (SC), flowable concentrate for seed treatment (FS) that is diluted for use, capsule suspensions (CS), water dispersible granules (WG), and water dispersible tablets (WT). Methodology: MT 184 Suspensibility for formulations forming suspensions upon dilution in water (a harmonization of methods MT 15, MT 161 and MT 168) or current version or another internationally recognized one.
3.13 Emulsion stability and re-emulsification. Applicability: To emulsifiable concentrates (EC), oil-in-water emulsions (EW), and microemulsions (ME). Methodology: MT 36.3 Emulsification characteristics of emulsifiable concentrates or current version or another internationally recognized one.
3.14 Flowability. Applicability: Water dispersible granules (WG), water soluble granules (SG), granules (GR), and emulsifiable granules (EG). Methodology: MT 172.1 Flowability of granular preparations after accelerated storage under pressure or current version or another internationally recognized one.
3.15 Pourability. Applicability: Suspension concentrates (SC, FS, and OD), aqueous capsule suspensions (CS), suspoemulsions (SE), oil-in-water emulsions (EW), and similarly viscous formulations, but may also be applied to solution formulations, such as soluble concentrates (SL) and emulsifiable concentrates (EC). Methodology: MT 148.1 Pourability of suspension concentrates or current version or another internationally recognized one.
3.16 Miscibility with hydrocarbon oils. Applicability: To any formulation designed to be diluted with oil before use (e.g., OL). Methodology: MT 23 Miscibility with hydrocarbon oil or current version or another internationally recognized one.
3.17 Dissolution of water-soluble bags. Applicability: All formulations packaged in water-soluble bags. Methodology: MT 176 Dissolution rate of water-soluble bags or current version or another internationally recognized one.
3.18 Degree of dissolution and/or solution stability. Applicability: Specifications for all water-soluble formulations. Methodology: MT 179.1 Degree of dissolution and solution stability; MT 41.1 Dilution stability; MT 196 Solution properties of ST formulations or another internationally recognized one.
AGRONOMIC REQUIREMENTS FOR SFE EVALUATION AND FOR MINAE EVALUATION Indicate the resolution number approving the product's efficacy trial, issued by the SFE Control Unit, for each of the uses requested for registration.
TOXICOLOGICAL REQUIREMENTS FOR MINISTRY OF HEALTH EVALUATION The following complete studies must be submitted, including the cover page, introduction, materials, methods, results, references, and the consolidated data tables that support the results. The annexes containing the daily data logs, photos, figures, protocols, chromatograms, and statistical sheets are not necessary for the analysis.
1. Acute oral median lethal dose (LD50), expressed in mg/kg of body weight (OECD Technical Guide number 423). This study will be required in all cases unless the product is a gas or is highly volatile.
2. Acute dermal lethal dose (LD50), expressed in mg/kg of body weight (OECD Technical Guide number 402). This study will be required unless:
2.1. The product is a gas or is highly volatile.
2.2. The product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
3. Acute inhalation median lethal concentration (LC50), expressed in mg/l of air or mg/m3, for 4 hours of exposure (OECD Technical Guide number 403). 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 of 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 a way that generates particles or droplets with diameters of less than 50 micrometers.
4. Dermal irritation (OECD Technical Guide number 404). This study will be required unless:
4.1. The product is a gas or is highly volatile.
4.2. The product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
5. Eye irritation (OECD Technical Guide number 405). This study will be required unless:
5.1. The product is a gas or is highly volatile.
5.2. The product is corrosive to the eyes or has a pH less than 2 or greater than 11.5.
6. Skin sensitization (OECD Technical Guide number 406). This study will be required in all cases, except when:
The product is known to be a skin sensitizer.
3. Demonstrate that the requested use pattern for the formulated synthetic pesticide is in compliance with the MRLs adopted by the country for the requested crop, fulfilling what is indicated in numeral 4. 9.16 of this regulation.
ECOTOXICOLOGICAL AND ENVIRONMENTAL FATE REQUIREMENTS FOR MINAE EVALUATION MINAE will prepare an environmental risk assessment (ERA) based on data regarding the application of the formulated synthetic pesticide, duly supported by the efficacy trials approved by the SFE for all requested uses, as well as the ecotoxicological data and degradation characteristics of the IAGT(s) that compose it. The ERA must be carried out applying what is indicated in the document: "General procedure and guidelines to be followed by MINAE for the environmental risk assessment of agricultural inputs", available on the DIGECA website, www.digeca.go.cr. The registrant may previously submit an ERA report prepared based on the MINAE procedure together with the additional technical and scientific information used in case refinement to higher levels than those indicated in said procedure is required.
For the purposes of applying the ERA, MINAE will use the procedure that was in force at the time the application was submitted by the registrant.
- D)CONFIDENTIAL INFORMATION FILE Requirements:
1. Certificate of the qualitative-quantitative composition of the formulated synthetic pesticide, original or a copy certified by a notary public, issued less than two years ago by the parent company or the formulator and signed by the responsible professional, and it must contain:
1.1 Nominal content expressed as a percentage m/m or m/v of the active ingredient calculated from the minimum concentration declared in the active ingredient registration, as well as, if applicable, the corresponding 1.2 content of variants (such as salts and esters) of the active substances.
1.2 Nominal content of each co-formulant in the formulation expressed as a percentage m/m or m/v.
1.3 Function of each of the co-formulants included in the formulation.
1.4 The identity of the co-formulants and the active ingredient must be indicated according to their IUPAC chemical name and CAS number when available. If not available, the chemical structure must be attached. If codes are used to identify the co-formulants, the function must be described and the safety data sheet of the co-formulant must be provided, only if it does not have a CAS number or IUPAC name. When the co-formulants are mixtures, their composition must be indicated. In case it is a proprietary mixture protected under industrial secret, the safety data sheet may be submitted instead.
1.5 Density of the formulation (must indicate the units and temperature).
1.6 Maximum content of relevant impurities, when present. This point will be evaluated by MINSA or MINAE according to their competencies.
2. Analysis of five typical lots (at a minimum) of the formulated product to be registered, attaching the corresponding analysis results of the active ingredient for each analyzed lot of the formulated synthetic pesticide, formulated no more than 5 years ago. Likewise, the chromatograms of the active ingredient corresponding to each lot must be attached, identifying them with the analysis date and formulation date, formulator, and the results obtained from each one, with the areas of each peak in the chromatogram and data of the formula used to obtain the result, or a sample calculation.
3. Description of the formulation process: The company must submit information on the formulation processes of the formulated synthetic pesticide subject to registration. For each process, the following information must be provided:
3.1 Name and address of the formulator involved in the process.
3.2 General characterization of the process.
3.3 Indicate the ingredients used to formulate the product.
3.4 Description of the equipment used.
3.5 Description of the conditions controlled during the process.
(NORMATIVE) APPLICATION FORM FOR THE REGISTRATION OF MINIMUM-RISK CO-FORMULANTS AND ADJUVANTS AND THOSE WITH EVALUATION BY MINSA AND MINAE | 1. General information about the application | | | | | | --- | --- | --- | --- | --- | | 1.1 Reason for application | | | | | | 1.1.1 Registration | | | | | | ( ) Registration of a co-formulant with evaluation by MINSA and MINAE | ( ) Registration of an adjuvant with evaluation by MINSA and MINAE | | | | | ( ) Registration of a minimum-risk co-formulant | ( ) Registration of a minimum-risk adjuvant | | | | | 1.1.2 Renewal | | | | | | ( ) Renewal of co-formulant | Registration number: | ( ) Renewal of adjuvant | Registration number: | | | 1.2 About the registrant | | | | | | Registration number of the company: | Name or corporate name (natural or legal person): | | | | | Legal ID number: | | | | | | 1.3 About the legal representative | | | | | | Full name: | Identification number: | | | | | 2. Product data | | | | | | 2.1 Common name of the principal component: | 2.2 Product name or trade name: | 2.3 CAS number of the principal component: | | | | 2.4 Class, group, or chemical family: | 2.5 IUPAC name of the principal component: | 2.6 Formulation type: | | | | 2.7 Associated crops (when applicable): | 2.8 MRL (when applicable): | | | | | 2.9 Product density for products with m/v concentration: | | | | | | 3. Product formulation | | | | --- | --- | --- | | ( ) Local ( ) Imported | | | | 3.1 Country of origin of the product: | | | | 3.2 Name, address, and origin of the formulation plant including street, district or area, state, city, country: | | | | 3.3 Packaging or container | | | | 3.4 Material: | 3.5 Type: | 3.6 Size: | | 4. Place or means where notifications will be received (email address): | | | | 5. Observations: | | | | Signature of the legal representative: | | |
(NORMATIVE) REQUIREMENTS FOR THE REGISTRATION OF MINIMUM-RISK ADJUVANTS AND CO-FORMULANTS A) ADMINISTRATIVE FILE OF THE DOSSIER 1. Properly submit the fully completed application form for the registration of adjuvants and co-formulants (Annex H), in each of its sections.
2. Proof of payment of the current fee.
3. Safety data sheet for the adjuvant or co-formulant, 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).
4. Label. The information on the label must coincide with what is indicated in the dossier.
5. Leaflet, in cases where it applies. The information on the leaflet must coincide with what is indicated in the dossier and the approval resolution for the efficacy trial when applicable, issued by the SFE Control Unit.
- B)TECHNICAL INFORMATION FILE The guides and methodologies indicated here are a recommendation for use; however, other internationally recognized ones may be accepted by the AC.
CHEMICAL REQUIREMENTS FOR SFE EVALUATION 1. Certificate of analysis issued less than two years ago by the parent company, manufacturer, or formulator of the co-formulant or adjuvant, in original or a copy certified by a notary public 2. and signed by the responsible professional, which will contain the detail regarding the nominal concentration of the principal component(s) of the co-formulant or adjuvant expressed 3. in percentage(s) mass/mass or mass/volume, as corresponds to the physical state, date of analysis, and number of the analyzed lot. If the certificate of analysis was issued by the parent company, the location where the product was formulated must be indicated in it.
2. Studies on the determination of physical and chemical properties. If not applicable, the respective justification for why the study is not submitted must be presented.
2.1. Physical state.
2.2. Color.
2.3. Melting point (solids).
2.4. Boiling point (liquids), if the product decomposes before its boiling point, provide the decomposition temperature.
2.5. Density.
2.6. Flammability for solid substances or flash point for liquid substances.
2.7. Corrosivity.
2.8. Explosivity.
2.9. Solubility (indicate in which solvent it is soluble and the result with its respective units).
2.10. Indicate if it produces foam.
2.11. Vapor pressure (for volatile products) 4. Chemical methods of analysis including as a minimum the sample used, methodology employed, equipment, sample preparation, reagents used, mathematical formulas for the determination 5. of the content, introduction, scope, and conclusion to identify, characterize, and/or quantify the principal component(s) of the co-formulant or adjuvant, which must be accompanied by its respective validation.
AGRONOMIC REQUIREMENTS FOR SFE EVALUATION In cases where it is necessary to verify the efficacy of related substances (reguladores de crecimiento, repelentes, atrayentes, protectores de semilla, among others), the resolution number approving the efficacy trial, issued by the Unidad de Fiscalización of the SFE, will be required. See Anexo N. The efficacy trial does not apply to coadyuvantes.
- C)CONFIDENTIAL FILE 1. Letter issued by a chemistry professional and countersigned, indicating the codes or associated numbers of each coformulant and principal component of the certificate of composition 2. and that are found in the "Lista de componentes autorizados para plaguicidas sintéticos formulados, coadyuvantes y sustancias afines" visible on the website www.sfe.go.cr of the AC. If the principal component 3. or any of the coformulants indicated in the certificate of composition is not found on the indicated list, the product will not be considered minimum risk, and a final resolution will be prepared 4. denying the registration application and archiving it.
5. Qualitative-quantitative certificate of composition of the related substance or coadyuvante, original or copy certified by a notary public, issued less than two years prior by the parent company, the manufacturer, or the formulator, as applicable 6. and signed by the responsible professional. It must include:
2.1 Nominal content of each of the coformulants and the principal component included in the formulation, expressed as a percentage m/m or m/v; the density must be indicated with its respective units and temperature.
2.2 Function of each of the coformulants included in the formulation.
2.3 Identity of the coformulants and principal component according to their chemical name per IUPAC and CAS number when available. If not available, the chemical structure must be attached. If codes are used to identify the coformulants, the function must be described, and the safety data sheet for the coformulant must be provided only if it does not have a CAS number or IUPAC name. When the coformulants are mixtures, their composition must be indicated. In case it is a proprietary mixture protected under industrial secrecy, the safety data sheet may be submitted instead.
3. Description of the formulation process: The company must present information on the formulation processes of the coadyuvante or related substance subject to registration. For each process, the following information must be provided:
3.1. Name and address of the formulator involved in the process.
3.2. General description of the process: a written description in prose that must explain the steps necessary to carry out the formulation of the product.
3.3. Indicate the ingredients used to formulate the product.
3.4. Description of the equipment used.
3.5. Description of the conditions controlled during the process.
(NORMATIVE) REQUIREMENTS FOR THE REGISTRATION OF COADYUVANTES AND RELATED SUBSTANCES WITH EVALUATION BY MINSA AND MINAE A) ADMINISTRATIVE FILE 1. Submit the duly completed application form for the registration of coadyuvantes and related substances (Anexo H), in each of its sections.
2. Proof of payment of the current fee.
3. Safety data sheet for the coadyuvante or related substance; it must contain internationally standardized requirements, using the guidelines of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS, for its acronym in English) of the United Nations as a model.
4. Label. The information on the label must match what is indicated in the file.
5. Pamphlet, in cases where applicable. The information in the pamphlet must match what is indicated in the file and the approval resolution for the efficacy trial, issued by the Unidad de Fiscalización of the SFE.
- B)TECHNICAL INFORMATION FILE The guides and methodologies indicated here are a recommendation for use; however, other internationally recognized ones may be accepted by the AC.
CHEMICAL REQUIREMENTS FOR SFE EVALUATION 1. Certificate of analysis issued less than two years prior by the parent company, manufacturer, or formulator of the related substance or coadyuvante, in original or a copy certified by a notary public and signed by 2. the responsible professional, which will contain details about the nominal concentration of the principal component(s) of the related substance or coadyuvante, expressed as a percentage(s) 3. mass/mass or mass/volume, as appropriate for the physical state, date of analysis, and analyzed batch number. If the certificate of analysis was issued by the parent company, the location where the product was formulated must be indicated on it.
2. Studies on the determination of physical and chemical properties. If not applicable, the respective justification for why the study is not submitted must be presented.
2.1 Physical state.
2.2 Color.
2.3 Melting point (solids).
2.4 Boiling point (liquids); if the product decomposes before its boiling point, provide the decomposition temperature.
2.5 Density.
2.6 Flammability for solid substances or flash point for liquid substances.
2.7 Corrosivity.
2.8 Explosivity.
2.9 Solubility (indicate in which solvent it is soluble and the result with its respective units).
2.10 Indicate if it produces foam.
2.11 Vapor pressure (for volatile products).
3. Chemical methods of analysis that include, at a minimum, the sample used, methodology employed, equipment, sample preparation, reagents used, mathematical formulas for determining the content, introduction, scope, and conclusion for identifying, characterizing, and/or quantifying the main component(s) of the related substance or coadyuvante, which must be accompanied by its respective validation.
AGRONOMIC REQUIREMENTS FOR SFE EVALUATION AND FOR MINAE EVALUATION In cases where it is necessary to verify the efficacy of related substances (reguladores de crecimiento, repellents, atrayentes, protectores de semilla, among others), the resolution number approving the efficacy trial, issued by the Unidad de Fiscalización of the SFE, will be required. See Anexo N. The efficacy trial does not apply to coadyuvantes.
TOXICOLOGICAL REQUIREMENTS FOR MINSA EVALUATION 1. Acute oral median lethal dose (LD50), expressed in mg/kg of body weight (OECD Technical Guideline number 423). This study will be required in all cases unless the product is a gas or highly volatile.
2. Acute dermal median lethal dose (LD50), expressed in mg/kg of body weight (OECD Technical Guideline number 402). This study will be required unless:
2.2 The product is a gas or highly volatile.
2.3 The product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
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 number 403). 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 will be used in enclosed spaces, or will be applied in a way that generates particles or droplets with a diameter less than 50 micrometers.
4. Dermal irritation (OECD Technical Guideline number 404). This study will be required unless:
4.1 The product is a gas or highly volatile.
4.2 The product is corrosive to the skin or has a pH less than 2 or greater than 11.5.
5 Ocular irritation (OECD Technical Guideline number 405). This study will be required unless:
5.1 The product is a gas or highly volatile.
5.2 The product is corrosive to the eyes or has a pH less than 2 or greater than 11.5.
6 Skin sensitization (OECD Technical Guideline number 406). This study will be required in all cases, except when the product is known to be a skin sensitizer.
ECOTOXICOLOGICAL AND ENVIRONMENTAL FATE REQUIREMENTS FOR MINAE EVALUATION 1. Ecotoxicological studies.
1.1 Study of acute oral toxicity in birds. It is suggested to use the OCSPP 850.2100 guideline.
1.2 Study of acute oral toxicity for bees. It is suggested to use the OECD 213 guideline.
1.3 Study of acute contact toxicity for bees. It is suggested to use the OECD 214 and OCSPP 850.3020 guidelines.
1.4 Study of acute toxicity in fish. It is suggested to use the OECD 203 and OCSPP 850.1075 guidelines.
1.5 Study of acute immobilization in Daphnia magna. It is suggested to use the OECD 202 and OCSPP 850.1010 guidelines.
1.6 Study of toxicity in algae. It is suggested to use the OECD 201 and OCSPP 850.5400 guidelines.
2. Environmental fate studies.
2.1 Study on aerobic degradation in soil. It is suggested to use the OECD 307 and OCSPP 835.4100 guidelines.
2.2 Study on aerobic degradation in water. It is suggested to use the OECD 308 and OCSPP 835.4400 or OCSPP 835.4300 guidelines.
2.3 Study of the n-octanol/water partition coefficient (KOW). It is suggested to use the OECD 122 guideline.
In the event that one or several of the studies indicated above are not available, a technical report may be submitted that includes the ecotoxicological and environmental fate data generated from computer models that predict qualitative structure-activity relationships (structural alerts, SAR) or quantitative structure-activity relationships (QSAR), expert computer systems, and the extrapolation of properties by structural similarity, using analogues and categories.
- C)CONFIDENTIAL FILE 1. Qualitative-quantitative certificate of composition of the related substance or coadyuvante, original or copy certified by a notary public, issued less than two years prior by the parent company, the manufacturer, or the formulator, as applicable, and signed by the responsible professional. It must include:
1.1 Nominal content of each of the coformulants and principal component included in the formulation, expressed as a percentage m/m or m/v; the density must be indicated with its respective units and temperature.
1.2 Function of each of the coformulants included in the formulation.
1.3 Identity of the coformulants and principal component according to their chemical name per IUPAC and CAS number when available. If not available, the chemical structure must be attached. If codes are used to identify the coformulants, the function must be described, and the safety data sheet for the coformulant must be provided only if it does not have a CAS number or IUPAC name. When the coformulants are mixtures, their composition must be indicated. In case of a proprietary mixture protected under industrial secrecy, the safety data sheet may be submitted instead.
2. Description of the formulation process: The company must present information on the formulation processes of the coadyuvante or related substance subject to registration. For each process, the following information must be provided:
2.1 Name and address of the formulator involved in the process.
2.2 General description of the process: a written description in prose that must explain the steps necessary to carry out the formulation of the product.
2.3 Indicate the ingredients used to formulate the product.
2.4 Description of the equipment used.
2.5 Description of the conditions controlled during the process.
(NORMATIVE) APPLICATION FORM FOR REGISTRATION OF A PHYSICAL VEHICLE WITH INCORPORATED IAGT OR RELATED SUBSTANCE
| 1. General information about the application |
|---|
| 1.1 Reason for application | | | | ( ) Registration of physical vehicle | ( ) Renewal of physical vehicle | | | Registration number: | | | | 1.2 About the registrant | | | | Company registration number: | Name or legal name (individual or legal entity): | | | Legal ID number: | | | | 1.3 About the legal representative | | | | Full name: | Identification number: | | | 2. Details of the IAGT or related substance | | | | 1.1 Common or generic name, proposed or accepted by ISO for its acronym in English; if none exists, provide the one used by IUPAC or the one proposed by the Chemical Abstract Convention, or lastly, the one proposed by the manufacturer of the IAGT or related substance used: | 1.2 Product name or trade name: | 2.3 CAS number or other identification of the IAGT or related substance: | | 2.4 IUPAC name of the IAGT or related substance: | | | | 2.5 Class: | 2.6 IUPAC chemical group of the IAGT or related substance: | 2.7 Formulation type: | | 2.8 Associated crops and MRLs for each crop: | | | | 2.9 Manufacturer of the IAGT or related substance in the physical vehicle: | 2.10 Minimum concentration of the IAGT or concentration of the related substance in the physical vehicle: | | | 2.11 Registration number of the IAGT or related substance associated with the physical vehicle: | | | | 3. Manufacture of the physical vehicle | | |
| ( ) Local ( ) Imported |
|---|
| 3.1 Country of origin of the physical vehicle. If applicable, the origin of the sheath and masterbatch must be indicated: |
| 3.2 Name, address, and origin of the physical vehicle manufacturer's plant, including street, district or area, state, city, country, email: |
| 3.3 Name, address, and origin of the masterbatch manufacturer's plant (if applicable, i.e., if it will be imported), including street, district or area, state, city, country: |
| 3.4 When it enters as masterbatch, the company that will manufacture the sheath must be indicated: |
| 3.5 Dimensions and type of physical vehicle: |
| 4. Place or medium for receiving notifications (email address): |
| 5. Observations: |
| Signature of legal representative: |
(NORMATIVE) REQUIREMENTS FOR THE REGISTRATION OF PHYSICAL VEHICLES WITH INCORPORATED IAGT OR RELATED SUBSTANCE A) GENERAL REQUIREMENTS REQUIREMENTS FOR THE REGISTRATION OF PHYSICAL VEHICLES WITH INCORPORATED IAGT OR RELATED SUBSTANCE A) GENERAL REQUIREMENTS 1. For the application to register physical vehicles with incorporated IAGT or incorporated related substance, it is essential that the active ingredient(s) technical grade of which it is composed or the related substance is (are) registered with the AC with the respective evaluation and approval of the reviewing authorities according to their competencies. The application will not be accepted if it does not comply with the above.
2. One of the following conditions must be met:
2.1 The registrant is the holder of the registration of the active ingredient or related substance that is part of the physical vehicle, or 2.2 The registrant has authorization from the holder of the registration of the active ingredient or related substance that is part of the physical vehicle.
1. Registration will not be granted for a physical vehicle when any protection period for the test data of the active ingredient(s) technical grade that are part of the physical vehicle has not 2. expired, unless the holder of the registration(s) for said active ingredient(s) technical grade has authorized the use of said registrations.
- B)ADMINISTRATIVE FILE 1. Submit the duly completed application form for registration of physical vehicles with incorporated IAGT or related substance (Anexo K), in each of its sections.
2. Proof of payment of the current fee.
3. If the physical vehicle is being registered by a company different from the one that obtained the registration of the active ingredient(s) technical grade, attach a letter of authorization from the registration holder.
3. Safety data sheet for the physical vehicle; it must contain internationally standardized requirements, using the guidelines of the Globally Harmonized System 4. of Classification and Labelling of Chemicals (GHS, for its acronym in English) of the United Nations as a model.
5. Label. The information on the label must match what is indicated in the file.
6. Pamphlet. The information in the pamphlet must match what is indicated in the file and the approval resolution for the efficacy trial, issued by the Unidad de Fiscalización of the SFE.
- C)CONFIDENTIAL INFORMATION FILE CHEMICAL REQUIREMENTS FOR SFE EVALUATION 1. Qualitative-quantitative certificate of composition of the physical vehicle to be registered, original or copy certified by a notary public, issued less than two years prior by the parent company or the formulating company and signed by the responsible professional, which will contain:
1.1 The nominal content, expressed as a percentage m/m or m/v, of the IAGT or related substance and the nominal content of each coformulant of the product.
1.2 Must indicate the function of each coformulant.
1.3 Both the IAGT or related substance and the other coformulants must be identified with CAS number and IUPAC name. If not available, the chemical structure must be attached.
If codes are used to identify the coformulants, the function must be described, and the safety data sheet for the coformulant must be provided only if it does not have a CAS number or IUPAC name. When the coformulants are mixtures, their composition must be indicated. In case of a proprietary mixture protected under industrial secrecy, the safety data sheet may be submitted instead.
1.4 Concentrations must be reported as a percentage m/m or m/v; the density must be indicated with its respective units and temperature.
- D)TECHNICAL INFORMATION FILE 1. Methods of analysis for the content of active ingredient or related substance in the physical vehicle, along with the validation parameters according to the established guide and the results obtained.
2. Certificate of analysis issued less than two years prior by the parent company or by the product formulator, for the content of IAGT or related substance in the physical vehicle, original or copy certified by a notary public and signed by the responsible professional, which will contain details about the nominal concentration of the principal component(s) or IAGT expressed in mass/mass or mass/volume percentages, date of analysis, and analyzed batch number. If the certificate of analysis was issued by the parent company, the location where the product was formulated must be indicated on it.
3. Study of physical and chemical properties of the sheaths or physical vehicle.
3.1. Appearance.
3.2. Color.
3.3. Odor.
3.4. Storage stability; the reactivity of the related substance or IAGT with the physical vehicle must be clear.
4. Production process.
4.1 For the case where the physical vehicle is produced with masterbatch, the manufacturing process of the masterbatch must be presented, along with its composition, indicating the manufacturer and minimum concentration of the IAGT used. Additionally, for the production process of the sheath or other physical vehicle, the following information must be presented:
4.1.1 Name and address of the formulator involved in the process.
4.1.2 General description of the process: a written description in prose that must explain the steps necessary to carry out the formulation of the product.
4.1.3 Indicate the ingredients used to formulate the product.
4.1.4 Description of the equipment used.
4.1.5 Description of the conditions controlled during the process.
4.2 Manufacturing process of the physical vehicle with included related substance. The company must present information on the formulation processes of the physical vehicle subject to registration.
For each process, the following information must be provided:
4.2.1 Name and address of the formulator involved in the process.
4.2.2 General description of the process: a written description in prose that must explain the steps necessary to carry out the formulation of the product.
4.2.3 Indicate the ingredients used to formulate the product.
4.2.4 Description of the equipment used.
4.2.5 Description of the conditions controlled during the process.
AGRONOMIC REQUIREMENTS FOR SFE EVALUATION AND FOR MINAE EVALUATION Indicate the resolution number approving the product's efficacy trial, issued by the Unidad de Fiscalización of the SFE, for each of the uses requested for registration.
(NORMATIVE) FORM FOR THE APPLICATION FOR MODIFICATION TO REGISTRATION ACCORDING TO NUMERAL 15.2.3 For the following changes to the formulated synthetic pesticide: A) Substitution of one formulator for another. B) Expansion of formulators.
| General information of the application | |
|---|---|
| 1. Reason for application: | |
| 1.1 Substitution of formulator ( ) | 1.2 Addition of formulator ( ) |
| Substitute the formulator: | |
| 1.1.1 Legal name of the formulator to be removed: | 1.1.2 Address (address and country) of the formulator to be removed: |
| 1.1.3 Legal name of the new formulator: | 1.1.4 Address (address and country) of the new formulator: |
| Addition of formulator: | |
| 1.2.1 Legal name of the new formulator: | 1.2.2 Address (address and country) of the new formulator: |
| 2. Registration to be modified | |
| 2.1 Trade name of the product: | 2.2 Product registration number: |
| 2.3 Legal name of the IAGT manufacturer: | 2.4 IAGT registration number: |
| 2.5 Address of the IAGT manufacturer: | |
| 3. Applicant company information | |
| 3.1 Name of the company requesting the modification: | 3.2 Company registration number: |
| 3.3 Name of the legal representative: | 3.4 Identification number: |
| 4. Observations: | |
| Signature of legal representative: |
(NORMATIVE) FORM FOR THE REVIEW OF EFFICACY TRIAL PROTOCOLS FOR RELATED SUBSTANCES AND PHYSICAL VEHICLES FOR USE IN AGRICULTURE FOR REGISTRATION PURPOSES All research with related substances or physical vehicles for agricultural use to be carried out for registration purposes must be previously authorized by the Unidad de Fiscalización of the SFE. For this purpose, the registrant must submit:
A. Application clearly stating the general and specific objective of the experimentation to be carried out and the name and professional association number of the professionals who will participate, signed by the applicant.
B. Professional in charge of the trial and their professional association number; certification of suitability to conduct research, issued by the Colegio de Ingenieros Agrónomos.
C. Letter of commitment for the proper disposal of the crop treated with the product, waste, and remnants.
D. Protocol for Biological Efficacy Trials with Related Substances or Physical Vehicles, which must contain the following information:
1. Title of the experiment 2. Type of trial: biological efficacy, residue study, phytotoxicity.
3. Introduction with justification of the disease, with a description of the biological cycle of the causal agent.
4. General objective 5. Identification of the product (trade name, common name of the component(s) of the related substance or physical vehicle, coadyuvante, chemical family, class, concentration and formulation), mode and mechanism of action, Maximum Residue Limit (MRL) with its bibliographic reference.
6. Compatibility: indicate with which products it is incompatible, and for the case where it is mixed with other products, indicate which ones.
7. Methodology:
7.1. Crop: common name and botanical classification, selection of the cultivar.
Justification. Is it susceptible?
7.2. Geographical location of the experiment and exact address.
7.3. Conditions under which the experimentation will be carried out (laboratory, controlled environment, field).
7.4. Timing and number of applications, intervals between applications, interval between last application and harvest (pre-harvest interval).
7.5. Dose and volume of spray mixture to apply.
7.6. Number of treatments and repetitions, dimensions of the experimental plot.
7.7. The researcher may select a commercial reference product for comparison with the product to be evaluated; the reference product must have registration and use on the crop and target.
7.8. Equipment and type of application.
7.9. Description of agroecological conditions, physicochemical analysis of soils, radiation, precipitation, temperature, and humidity.
7.10. Experimental design.
7.11. Sketch of the experiment.
7.12. Variables to analyze, use of severity scales, incidence indices, phytotoxicity analysis.
7.13. Statistical analysis.
8. Risk mitigation measures.
9. Quantity of product to be used in the trial, dose per treatment, and total quantity.
10. If importation of the sample is required, the calculated quantity of product must be equal to that requested for importation (see importation requirements with the registration unit).
Once the efficacy trial is completed, the final report must be submitted to the Unidad de Fiscalización of the AC for its approval; it must be transcribed into the researcher's Logbook and presented to the AC for final approval.
(INFORMATIVE) SWORN DECLARATIONS To facilitate the submission of information that must be presented under oath, as provided in this regulation, by means of a notarized sworn declaration, the registrant may provide the information indicated below, whether a legal entity or an individual, using the following templates as a guide:
1. NUMERAL 9.10 OF THE DECRETO (DIFFERENCES IN SPONSORS):
NUMBER XXX: Before me, XXX, Notary Public with office in XXX, appears: XXX (full name and qualifications), acting in their capacity as XXX, of the company XXX, legal ID number XXX, as stated in XXX; the undersigned Notary certifies and attests that the foregoing legal capacity is valid as of today; and duly warned by the undersigned Notary of the penalties established by Costa Rican criminal law for the crime of false testimony, the crime of perjury, and the civil liabilities that may arise from this act, for the purposes of complying with the provisions of numeral XXX of Decreto Ejecutivo XXX, under oath, I DECLARE based on the information provided by XXX (entity providing the information, such as: Parent Company, Corporate, company ABC, etc.) that: A) the company XXX is currently the owner of the information supporting the application XXX. Therefore, the studies that were initially sponsored by XXX (names of the different sponsors) are currently owned by the company XXX. B) We have authorization from the company that owns the information supporting product XXX through document _____________ to use it as support for the registration in Costa Rica. That is all. Having read what was written to the declarant, they found it accurate and sign this document at XXX hours XXX minutes on XXX of XXX, XXX.
2. NUMERAL 9.10 OF THE DECRETO (DIFFERENCES IN ORIGINS):
NUMBER XXX: Before me, XXX, Notary Public with office in XXX, appears: XXX (full name and qualifications), acting in their capacity as XXX, of the company XXX, legal ID number XXX, as stated in XXX; the undersigned Notary certifies and attests that the foregoing legal capacity is valid as of today; and duly warned by the undersigned Notary of the penalties established by Costa Rican criminal law for the crime of false testimony and the crime of perjury, and the civil liabilities that may arise from this act, for the purposes of complying with the provisions of numeral XXX of Decreto Ejecutivo XXX, under oath, I Declare that: A) the technical studies being submitted were conducted by __________ (include name and address of manufacturer)____________ to characterize the physicochemical, toxicological, ecotoxicological, and environmental fate properties of the active ingredient technical grade___________ manufactured by __________, which is the product to be registered. B) The eventual manufacturing difference between the product used in the technical studies and the product to be registered does not alter the use, safety, and hazard properties of the product.
3. NUMERAL 15.1.4 OF THE DECRETO (CHANGE OF LEGAL NAME):
NUMBER XXX: Before me, XXX, Notary Public with offices in XXX, appears: XXX (full name and details), acting in his/her capacity as XXX, of the company XXX, legal identification number XXX, as recorded in XXX; the undersigned Notary certifies and attests that the foregoing legal representation remains in full force and effect as of today; and duly warned by the undersigned Notary of the penalties established by Costa Rican criminal law for the crime of false testimony, the crime of perjury, and the civil liabilities that may arise from this act, for the purpose of complying with the provisions of numeral XXX of Executive Decree XXX, under oath, DECLARES THAT: Based on the information provided by XXX (entity providing the information, such as, for example: Head Office, Corporate, company ABC, etc.), the current corporate name of the Formulator (Fabricante) XXX of the formulated synthetic pesticide (technical-grade active ingredient) called XXX, composed of XXX, with registration number XXX, changed and is now XXXX, maintaining its registered address in XXX. That is all. The foregoing was read to the declarant, who found it to be correct and signs this document at XXX hours XXX minutes on XXX of XXX of XXX.