Friday, January 15, 2010

PROPOSED AMENDMENTS TO ACT 36 OF 1947





Following a workshop, on pesticide spray drift, held in Johannesburg on 7/8/9 December 2009 (due to the publicity generated by the Riebeek-Kasteel, Groblersdal & Stellenbosch Tatib issues), sections of Act 36 of 1947 have been amended so as to tighten up the law, giving greater protection to farm workers & adjacent residents, from spray drift and exposure to pesticides. 

The amendments, in brief, are as follows: 


1.  The pest control operator needs to be registered and have certain qualifications and has to keep strict records (for a specific period of time) of what has been sprayed and has also to spray making sure that spraying takes place according to the various stipulations as per Act 36 of 1947. 


2.  The pest control operator must issue a "treatment notice" at least 72 hours prior to application of any agricultural remedy (pesticide/fungicide/herbicide etc), and that the treatment notice needs to be given to all occupants adjacent to and within a 5 KM radius of the area to be treated. 


3.  The pest control operator is made responsible for ensuring that anyone who could be exposed to spray drift is to be notified before spraying takes place and that the Product Label is followed at all times (i.e. no spray drift into residential areas is to be allowed).


 4.   The pest control operator now has to be physically present to supervise the application of the agricultural remedies by unregistered pest control operator (s) i.e. the farm worker(s) doing the actual spraying, and that way made responsible for ensuring that spray drift out of the area being treated does not occur. 

The proposed final draft is just that (a proposal ) , and we are hoping that the Registrar  (National Department of Agriculture)  will, with further consultation, have the draft promulgated.




4 comments:

  1. I don't seem to understand.
    Have these amendments been approved?
    Thanks a lot
    MMM

    ReplyDelete
  2. Dear "Anonymous",

    The Registrar. Act 36 of 1947 released the "FINAL DRAFT PCO REG " on 18/12/2009 in an email as follows :-


    “Dear colleagues.

    Attached are the revised draft PCO regulations taking into account both written comments and comments received from the workshop for your urgent comments and inputs.

    Your comments must reach the Office of the Registrar by no latter than the 31st January 2010.

    Trusting the above is in order.

    Kind Regards

    Jonathan Maluta Mudzunga
    Registrar: Act No. 36 of 1947
    Department of Agriculture, Forestry and Fishery
    Private Bag X343
    Pretoria
    0001
    South Africa "


    Representations have also been submitted to the Registrar regarding the use of Chlorpyrifos, a common and very harmful pesticide.

    The Registrar has invited interested parties to attend a workshop in Pretoria early in February 2010, and it is hoped that both issues (Proposed Amendements to Act 36 of 1947 & the restrictions on the use of Chlorpyrifos) will be able to be discussed and resolved during this workshop.

    The Registrar has commented as follows :

    "Dear Colleagues

    The above matter refers.

    The office of the Registrar will like to thank you al for the comments received.

    In general, the comments support what the Department of Agriculture, Forestry and Fisheries’ intention to impose some form of restrictions on the chlorpyrifos given the risk associated with the use of chlorpyrifos especially to women and kids.

    However, there are two views that emanate from the comments received. One is that there must be restriction and the other one is that there must be a complete ban in garden, household and domestic.

    In light of the two views expressed above, the office of the Registrar will like to invite you all to a workshop to further deliberate on the issues in this regard.

    Venue: Pretoria but actual venue still to be confirmed.
    Date: First or second week of February 2010. Your suggestions are needed in this regard.
    Time: To be confirmed but preferable in the morning

    Trusting the above is in order.

    Kind Regards

    Jonathan Maluta Mudzunga
    Registrar: Act No. 36 of 1947
    Department of Agriculture, Forestry and Fishery
    Private Bag X343
    Pretoria
    0001
    South Africa
    Physical address: Agriculture Place, Room LA-GF-09, 20 Beatrix Street, Arcadia, Pretoria, 0002

    Tel. +27 12 3197303
    Fax +27 12 319 6765
    E-mail: MalutaM@daff.gov.za
    http://www.daff.gov.za/ "

    We at Tatib, and we are sure all other interested parties, sincerely hope that the new regulations relating to both issues are promulgated. We invite you and all other interested parties to lodge your comments with the relevant authorities in this regard.


    regards

    TATIB

    ReplyDelete
  3. For those of you who have not heard of or read - Silent Spring by Rachel Carson - your eyes will be opened when you do. Its a bestseller on the environmental and human dangers of indiscriminate use of pesticides.

    It changed the relevant laws in the USA.

    ReplyDelete
  4. At the Tatib Launch of 24 Nov 2009, we handed out a booklet "Contaminated without Consent" The Rachel Carson Memorial Lecture. We will try to post a link to this and then also to 'Whats your poison"

    Silent spring really was an eye opener.

    ReplyDelete