Insecticides Import Restriction Defined, Boric Acid
Excepted
[Ref: F.No.401/101/2011-Cus.III dated 22nd June 2011
– CBEC Instruction]
Subject:
Requirement of import permit / registration with / from CIB & RC for import
of substances listed in the schedule 3 of the Insecticide Act, 1968, for
non-insecticidal use under Insecticides Act, 1968.
Board
has received references from trade and industry highlighting difficulties being
faced in clearance of imported substances listed in Schedule 3 of the
Insecticides Act, 1968 that are meant for non-insecticidal purposes.
Reportedly, on account of varying interpretations of the relevant legal provisions,
the Custom Houses are adopting different practices which are adversely
impacting the smooth clearances of such items being imported for
non-insecticidal use.
2. The matter has been examined in the Board in
the context of Section 38 of the Insecticides Act, 1968, the relevant extract
of which is reproduced below for sake of clarity:
1. Nothing in this
Act shall apply to-
(a) the use of
any insecticide by any person for his own household purposes or for kitchen,
garden or in respect of any land under his cultivation;
(b) any substance specified or included in
the Schedule or any preparation containing any one or more such substances, if
such substance or preparation is intended for purposes other than preventing,
destroying, repelling or mitigating any insects, rodents, fungi, weeds and
other forms of plant or animal life not useful to human beings’.
3. As may be seen, the aforementioned
provisions of the said Section 38 of the Insecticides Act, 1968 are unambiguous
and leave no scope interpretation. Essentially, the exemption from the
provisions of the said Act would apply to those insecticides that are used for
household purposes etc. or for other than insecticidal purposes. Thus, import
of items listed under Schedule 3 of the said Act that are intended to be used
for these purpose that are specified in the said Section 38 would be outside
the ambit of the provisions contained in Insecticides Act, 1968. The
implication is that the clearance of such imported items would not be subject
to the requirement of registration / import permit from CIB & RC.
4. Board desires that for the sake of
uniformity the Custom Houses shall immediately align their local procedures in
line with the above clarification. It is, however, clarified that the import of
Boric Acid would continue to be governed by the specific instructions on the
item that are currently in force.
5. Suitable public notice may be issued to
guide the trade and industries.