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Confusion over preservative and pesticide 

M S Siddiqui
22 Sep 2021 00:26:09 | Update: 22 Sep 2021 00:26:09
Confusion over preservative and pesticide 

The Pesticides Act 2018 was passed by the parliament with a preamble that pesticides are sensitive to agriculture, again pesticides are applied to increase the production. The optimum uses of pesticide in agriculture is the goal of this law.  The law imposed conditions on import, production, sales, distribution, use and other related issues.  The law authorized Plant Protection Wing of Agricultural Extension Department of the Government of Bangladesh for issuing of respective license to importers, manufacturers and distributors. 

Pesticides or Insecticides or Herbicides are chemical substances that may be used to kill fungus, bacteria, insects, plant diseases, snails, slugs, or weeds among others and wild plants and unwanted organisms to protect our natural plant and agricultural products. These chemicals are harmful for human and can work by ingestion or touch and death may occur immediately or over a long period. Insecticides are a type of pesticide that is used to specifically target and kill insects. Some insecticides include snail bait, ant killer, and wasp killer. Herbicides are used to kill undesirable plants or “weeds”. Some herbicides will kill all the plants they touch, while others are designed to target specific species.  

WHO defined: “pesticides are chemical compounds that are used to kill pests, including insects, rodents, fungi and unwanted plants (weeds). pesticides are used in public health to kill vectors of disease, such as mosquitoes, and in agriculture, to kill pests that damage crops. By their nature, pesticides are potentially toxic to other organisms, including humans, and need to be used safely and disposed of properly”. According to definition, many household products are pesticides, including cockroach sprays, mosquito repellents, rat baits, kitchen and bathroom disinfectants, products that kill mold and mildew and many lawn-and-garden and swimming pool chemicals.

Too much use of pesticides, insecticides and herbicides can make the agricultural products harmful for humans. These chemicals have specific processes of use and recommended doses for particular application.  Bangladesh law has imposed conditions to write all those direction in Bangla language.

The Bangladesh law has given a definition of pesticides in clause no 2 (12) as “pesticides are materials or mixed of materials, which act  directly or indirectly to resist, destroy, remission, drive away or control the insects,  fungus, bacteria, nematodes,  virus or animals like rats etc. The definition will not include substances mentioned in the Drugs Act, 1940. 

The import of pesticides is to be regulated by Import Policy order of the government (Section 15). The Import Policy order 2015-18 (page 79) under H. S Heading number 38.08 has imposed ban and restricted on followings (a) pesticides and Insecticides namely Heptachlore-40, WP, DDT, Bidrin Brand in the generic name: Dicrotopes, Methyl Bromide, Chlorden-40, WP and Daildrin are banned. But all other goods classifiable under this heading are importable subject to certain conditions as mentioned below:- (a) Importable subject to the prescribed conditions at para 25(14) of the order. (b) The Deltramethrine of synthetic pyrithroid group shall be importable with the prior permission of the Ministry of Commerce. (c) pesticides and Insecticides of the Synthetic Pyrithroid group i.e. (1) Cyhalothrin, (2) Cypermethrin, (3) Cyfluthrin, (4) Fenvelarate: (5) Alpha Cypermethrin, (6) Es-Fenvalarate, (7) Deltanethrin. (8) Danitol 10 EC (Fenpropathrin) may be imported by fulfilling certain conditions. The Agricultural extension directorate shall be communicated and monitored by them. 

There are differences between pesticides and preservatives. pesticide kills some organisms to protect mostly agricultural products but preservative preserve certain organism to protect industrials products manufactured with water. The products such as food, medicine, paint, cosmetics and some other products contain some water. These products need preservatives to protect from decompose. Typically, Paints, Cosmetics and adhesive are common products preserved with preservatives. 

A preservative is a substance that is added to products to prevent decomposition by microbial growth or by undesirable chemical changes. In general, preservation is implemented in two modes - chemical and physical. Chemical preservation entails adding chemical compounds to the product. Physical preservation entails processes such as refrigeration or drying. Preservative food additives reduce the risk of foodborne infections, decrease microbial spoilage, and preserve fresh attributes and nutritional quality. Some physical techniques for food preservation include dehydration, UV-C radiation, freeze-drying, and refrigeration. Chemical preservation and physical preservation techniques are sometimes combined.

There are many suppliers of preservatives in Bangladesh and some companies marketing preservatives under trade names contain some ingredients. These ingredients do not fall under banned list or restricted list of import policy order of Bangladesh government. Their products under different trade names and active ingredients are: ACTICIDE HF contains: 5-chloro-2-methyl-4-isothiazolin-3-one (CIT), 2-methyl-4- isothiazolin-3-one (MIT) and formaldehyde. ACTICIDE EPW contains: benzimidazole carbamate, 2-n-octyl-4-isothiazolin-3-one (OIT) etc. But importers are facing obstacles at customs point during import of similar preservatives due to confusion of preservative and pesticides.

Bangladesh customs department asks all importers of preservatives for registration and prior approval of Plant Protection department of Agricultural Extension Directorate. But upon application, the AE Directorate was not willing to issue permission since industrial preservatives are not made of harmful ingredients like pesticides and not useable in agriculture production. These products are not under the preview of pesticide law and scope of evaluation by plant protection department of Agricultural Extension Directorate of Bangladesh.

The cosmetics, paints, leather and some other industries are facing odds to import these essential raw materials.  Preservatives are not banned or restricted as per pesticide Act 2018 and these preservatives are not made of restricted ingredients. pesticide and preservative are not same products.

It may be resolved with a clarification of Ministry of Commerce or National Board of Revenue that industrial preservatives having CIT and MIT etc., are not pesticide and import is not banned or restricted as per pesticide law and import policy order of the
government. 

The writer is a legal economist

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