South African farmers must comply with the Hazardous Substances Act of 1973 when using pesticides, especially Group 1 Category B products. Experts from CropLife South Africa explain key regulations, including storage requirements, identification of Group 1 hazardous substances, and the need for safe handling.
Farmers in South Africa operate under various regulations designed to protect both public and employee health, as well as the environment. One such regulation is the Hazardous Substances Act of 1973 (Act No. 15 of 1973), which governs hazardous substances.
In this article, we explore the details of Group 1 Category A and Group 1 Category B hazardous substances, focusing specifically on agricultural remedies and how they are regulated under Act No. 15 of 1973.
Hiresh Ramanand, stewardship specialist at CropLife South Africa, and Quade Sing Jam, compliance specialist at CropLife South Africa, provide clarity on the practical implications of this legislation for farmers.
What are Group 1 Category A and Group 1 Category B in the context of pesticides?
According to Hiresh, a Group 1 Category A hazardous substance does not apply to farmers. These substances, such as technical-grade aluminium phosphide, antimony potassium/sodium tartrate, or zinc phosphide, are only relevant to manufacturers and formulators who import, trade or use technical-grade materials.
However, Group 1 Category B hazardous substances are a different story. These refer to formulated end-products that meet specific criteria under the act.
“It is only the formulated registered pesticide products that meet the criteria of Group 1 Category B according to this Act that are applicable to farmers,” Hiresh explained.
How can farmers identify Group 1 Category B pesticides?
According to Quade, farmers identify Group 1 Category B pesticide products by the red colour band that historically marked these products.
While this system was relatively straightforward, recent changes have introduced a new layer of complexity. The globally harmonised system of classification and labelling of chemicals (GHS) has replaced the traditional WHO colour band system.
Farmers and inspectors are now navigating a new landscape where labels no longer carry these familiar visual indicators.
Hiresh expressed the concerns surrounding this change. “With the new format GHS labels, there are no colour bands, so what exactly are inspectors going to look for?”
He acknowledged that this shift has caused confusion, particularly for inspectors and auditors who need to ensure consistency during farm inspections.
While a long-term solution is still being developed, Hiresh advised that for now, farmers should continue storing all pesticides that were previously marked with a red label behind lock and key.
“This is the advisory from the responsible office within the national department of health,” he confirmed.
What does “double-lock” mean for farmers?
One of the compliance measures that farmers must follow when dealing with Group 1 Category B pesticides is the concept of “double-locking”.
This means farmers are required to store such products behind lock and key within the pesticide storage facility. Hiresh further explained the different storage options available to farmers, which may include a separate ventilated lockable room in the pesticide store or a mesh cage around the area of the pesticide store where such products are stored.
This measure ensures that hazardous substances are securely stored and not easily accessible to unauthorised individuals.
However, he stressed, “Whichever option is decided on will depend on the specifications of the pesticide store and not forgetting budget. But the key point for farmers to remember here is that whatever option may be decided on, all Group 1 Category B pesticides must be kept behind lock and key within the pesticide store.”
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Do farmers need a Section 4 license or a poison register?
One common point of confusion relates to the Section 4 license and the maintenance of a poison register. Quade clarified that a Section 4 license is only required for those in the commercial trade of Group 1 Category B products, such as registration holders, distributors, agents/advisers or retailers.
“Farmers do not require a license to purchase a Group 1 Category B product, but they are required to store these products securely,” he said.
As for the poison register, Quade explained that this requirement also only applies at the commercial level.
However, he emphasised that farmers must still maintain stock registers and ensure the availability of safety data sheets (SDSs) for all pesticides stored on the farm. He noted that maintaining these records is not only a legal requirement under the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) but also good business practice. In the event of theft, having accurate stock records could assist the police in their investigations, as stolen pesticides are sometimes used for illegal activities by crime syndicates.
Advice to farmers using Group 1 Category B pesticides
Hiresh said farmers using Group 1 Category B pesticides for crop protection must ensure that such pesticides are purchased only from licensed reputable dealers, stored behind lock and key, with stock registers and safety data sheets available.
“Importantly, always apply these pesticides strictly according to the label instructions.”
Hiresh reiterated that the pesticide label is a legal document under the Fertilisers, Farm Feeds, Agricultural Remedies, and Stock Remedies Act (Act No. 36 of 1947), and any deviation from these instructions is considered unlawful.
“Handle pesticides responsibly, not just because it’s a legal obligation but because it’s the right thing to do as proud South African citizens,” he said.
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