The Insecticides Act, 1968
📘 The Insecticides Act, 1968
🔷 Overview
The Insecticides Act, 1968 was enacted by the Parliament of India to regulate the import, manufacture, sale, transport, distribution, and use of insecticides with the goal of ensuring public health, agricultural safety, and environmental protection.
This law aims to prevent risks to human beings and animals by controlling the availability and use of potentially hazardous chemicals used as pesticides, weedicides, and fungicides in agriculture.
🔹 Objectives of the Act
To ensure that only safe and effective insecticides are made available in the market.
To regulate the import, manufacture, sale, and use of insecticides.
To prevent contamination and environmental harm from improper usage.
To establish a licensing system and control authorities for implementation.
To protect farmers, consumers, and agricultural workers.
🔸 Key Provisions of the Insecticides Act, 1968
1. Definitions (Section 3)
Insecticide includes any substance used to kill insects, rodents, fungi, weeds, etc.
Misbranded, sub-standard, and spurious insecticides are also defined in detail.
2. Central Insecticides Board (Section 4)
The Act provides for the constitution of the Central Insecticides Board (CIB).
Functions:
Advise the central and state governments.
Suggest safety measures and technical standards.
Recommend procedures for registration and licensing.
3. Registration of Insecticides (Sections 9–10)
Every insecticide must be registered before it can be imported, manufactured, or sold.
The Registration Committee evaluates safety, efficacy, and risk before granting approval.
Registration may be:
Granted, if standards are met.
Refused, if the product is unsafe.
Cancelled, if later found harmful.
4. Licensing (Section 13)
A person must obtain a license to manufacture, sell, stock, or distribute insecticides.
Different licenses are required for:
Manufacturing.
Selling/retail.
Stocking and distribution.
5. Prohibition and Restriction (Section 27)
The government can prohibit the use or sale of specific insecticides if they are:
Unsafe to humans, animals, or environment.
Found to be misbranded or spurious.
Temporary or permanent bans can be imposed.
6. Labelling and Packaging (Section 17)
Rules specify how insecticides should be labeled, packaged, and advertised.
Labels must include:
Active ingredients.
Warnings.
Usage directions.
First-aid measures.
7. Inspection and Sampling (Sections 20–22)
Insecticide Inspectors are appointed to:
Enter and inspect premises.
Take samples for testing.
Seize products found to be violating the law.
8. Offenses and Penalties (Sections 29–33)
Selling unregistered or misbranded insecticides is an offense.
Penalties may include:
Imprisonment (up to 2 years).
Fines.
Cancellation of license.
9. Appeals (Section 15)
An appeal can be made to the Appellate Authority against:
Refusal or cancellation of registration/license.
Orders passed by licensing or inspection authorities.
🧪 Quality Control and Testing
Insecticides are tested in government laboratories.
Samples are declared misbranded or sub-standard if they do not conform to standards set by the Bureau of Indian Standards (BIS).
🌱 Importance in Agriculture
Ensures only scientifically validated pesticides are used.
Prevents overuse and misuse, which can:
Harm crops.
Cause soil degradation.
Lead to pesticide resistance.
Affect food safety.
📚 Important Case Laws under the Insecticides Act, 1968
1. State of Rajasthan vs. Modern Seed Company
Citation: AIR 1985 Raj 210
Issue: Prosecution for selling misbranded insecticide.
Held: The court upheld the penalty as the label misrepresented the composition.
Significance: Established that misbranding, even if unintended, attracts strict liability.
2. Sandoz (India) Ltd. vs. Union of India
Citation: AIR 1981 Bom 390
Issue: Challenge to refusal of registration.
Held: The Bombay High Court held that registration can be denied if public health is at risk, and technical evaluation by the Registration Committee is valid.
Significance: Affirmed the discretionary power of authorities to ensure safety.
3. Insecticides Inspector vs. R.P. Gupta
Citation: 1993 Cri LJ 1679 (MP)
Issue: Delay in analysis of sample and its effect on prosecution.
Held: The court ruled that delay in analysis of insecticide sample that caused deterioration can vitiate prosecution.
Significance: Emphasized the need for timely action by inspectors and labs.
4. Union of India vs. Pesticides Mfg. Association
Issue: Validity of ban on certain insecticides.
Held: Supreme Court upheld the government’s right to ban insecticides based on scientific evidence.
Significance: Reinforced the precautionary principle in public health.
📝 Summary Table
| Aspect | Details |
|---|---|
| Name of the Act | The Insecticides Act, 1968 |
| Primary Objective | Regulate import, manufacture, sale, and use of insecticides |
| Key Authority | Central Insecticides Board, Registration Committee |
| Key Functions | Registration, licensing, quality control, prohibition of unsafe insecticides |
| Penalties | Fine, imprisonment, cancellation of license |
| Notable Cases | Modern Seed Co., Sandoz India Ltd., R.P. Gupta |
✅ Conclusion
The Insecticides Act, 1968 is a vital law ensuring that agricultural and public health sectors are protected from the dangers of substandard, misbranded, or unsafe insecticides. It sets a comprehensive regulatory framework for the registration, licensing, quality control, and enforcement related to insecticides. The Act ensures a balance between agricultural productivity and environmental and human safety.
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