Procedures Manual for the Registration and Circulation of Plant Pesticides - Bin Dughsan Est General Trade and Agricultural Services

Republic of Yemen

Ministry of Agriculture and Irrigation

Agricultural Services Sector

General Administration for Plant Protection

Procedures Manual for the Registration and Circulation of Plant Pesticides

First: Manual for the Registration of Pesticides

Article (1) An application for the registration of the pesticide shall be made as per the prescribed sample form and attached to the application along with the following documents:

(a) a certificate proving the applicant is in the commercial register, or its substitute outside the Republic.

(b) An attested official power of attorney if the application is made by proxy.

Article 2 (a) – The competent authority shall review the information relevant to the pesticide to make sure not to include it in the list of banned pesticides issued by WHO and FAO and if it is proven that it is within the prohibited pesticides, the application shall be refused directly otherwise the applicant shall be given the original documents as described in Appendix (1) for filling in them and attaching them along with the pesticide registration file, which contains all the data described in the Appendix and approved by the producing company or manufacturer.

(b) The relevant authority shall review the original documents of the pesticide referred to in paragraph (a) and all attachments immediately after receiving them from the person concerned and to ensure fulfillment of all information and commitments as required.

(c) After the completion of all required procedures for pesticide to be registered, the competent authority shall raise an integrated file to the Committee for discussion and approval of the initial registration of the pesticide. In the case of non-approval by a reasoned decision the application for registration shall be rejected.

(d) The applicant shall provide a written request in accordance with the prescribed form for the purpose of importing pesticides samples and accordingly the relevant authority issues an import permit for the samples of the pesticide to be registered with the standard article as per the prescribed form.

(e) the pesticide samples to be registered are subject to analysis procedures and laboratory tests within a maximum period of two months, and in the case of non- compliance with the conditions and technical specifications the samples shall be rejected, and the person concerned is required to return them directly to the source at his own expense and responsibility within thirty days from the date of notification with the outcome of the analysis.

(f) the applicant whose samples have been rejected is entitled to apply in writing for re- analysis of samples and the shall be applicable to the same previous proceedings and in case of non- compliance shall be refused registration altogether.

(g) the applicant shall submit a formal written request for conducting field trials on the prescribed form after receiving a certificate of analysis and laboratory tests proving that the samples are compatible with the conditions and technical specifications.

(h) the competent authority shall have the right to coordinate with the relevant authorities to implement or contract for conducting field experiments for registration in accordance with the scientific and research methods generally accepted in the different climatic regions within the Republic in accordance with the conditions approved by the Commission.

Article (3) the competent authority shall provide and display the results of laboratory tests and field trials to the Commission for consideration and evaluation and taking the appropriate decision.

Article (4) the competent authority shall notify the person concerned the decision of the Commission within a week of its issuance.

Article (5) the applicant, who has received the decision rejecting registration is entitled to appeal to the Minister.

Article (6) the competent authority shall issue a certificate of registration of the pesticide in accordance with the prescribed form in the case of positive approval and document it in the relevant register with a separate record number in return for the prescribed fees.

Second: Pesticides Trading Guide

Article (7) (a) the procedures for obtaining the licenses for practicing the professions of import and export, manufacture, services and consulting, shall be according to the following:

Formal application on the prescribed form to the competent authority.

Inspection report for the sites, shops and warehouses, which illustrates that they conform to the specifications and conditions according to the prescribed forms.

Submission of a file that includes the following documents:

An attested copy of the qualification certificate of the technical supervisor.

An attested copy of the commercial register and tax card.

An attested copy of the identity or family card or the statute of legal persons.

An attested copy of the documents of ownership or leases of the shops prepared for pesticides trading.

Commitment documents by the technical person and supervisor in accordance with the prescribed form.

the approval of the relevant authorities for the factories and laboratories.

Availability of the necessary capabilities for the offices of technical and advisory services.

Fees payment receipt.

(b) the procedures for obtaining licenses for practicing retail sale of pesticides shall be conducted according to the following:

Formal application on the prescribed form directed to the competent authority.

Inspection report for the sites, shops and warehouses, which illustrates that they conform to the specifications and conditions according to the prescribed forms.

Submission of a file that includes the following documents:

An attested copy of the qualification certificate of the technical supervisor.

An attested copy of the identity or family card.

An attested copy of the documents of ownership or leases of the shops.

Commitment documents by the technical person and supervisor in accordance with the prescribed form.

Fees payment receipt.

Article (9) the competent authority after the completion of documents and inspection of the shops and stores and sites and ensuring their compliance with the specifications and technical conditions shall forward to the minister or his authorized representative for approval of granting of the license.

Article (10) (a) the competent authority or its authorized representative shall issue a separate license for each of the professions of trading pesticides as per form (8) valid for two years in return for the prescribed fees.

(b) the license shall be renewed a month before the expiration of the period against the prescribed fees.

Article (12) The licensee for practicing the profession of control or technical consultancy services shall comply with the following:

the shops and stores are in compliance to the terms and conditions and technical specifications as described in Appendix No.(1) of the Regulations.

the age of the person responsible for the shop shall not exceeded eighteen at least and shall have sufficient knowledge of and experience in dealing with pesticides, and to refrain from dealing with non- adult and elderly.

to hold a register numbered and stamped by the competent authority for the registration of transactions and maintained for a period of two years from the last entry in it.

the customer shall be given a formal invoice bearing the shop’s name, which shows the name and concentration of the pesticide and the name of the client and its region – and retains copies of these invoices to be submitted upon request after recording them in the register prepared for that purpose .

Provides a means of occupational health and safety in the shop, such as fire extinguishing pipes, and protective clothing for workers and shall keep a certificate of regular medical checkup for the employees as recommended by occupational health.

to submit to the competent authority a list of his qualified technical staff. And the types of pesticides, equipment, and machinery in the shop and the store.

not to sell or use pesticides that are expired and adulterated.

Not to sell or use pesticides which are not registered in the Republic.

Not to sell or use pesticides which are imported illegally.

Article (13) The licensee for practicing the profession of manufacturing shall comply with the following:

The factories and plants shall be compliant to the conditions and specifications as described in Appendix No. (1) of the Regulations.
Registered pesticides shall be manufactured or processed or packaged in the Republic.
to keep a register that is numbered and stamped by the competent authority for the registration of transactions and shall be maintained for a period of two years from the last entry in it.

the customer shall be given a formal invoice bearing the store’s name, which shows the name and concentration of the pesticide and the name of the client and its region and retains copies of these invoices to be submitted upon request after registering them in the register prepared for that purpose.

to submit to the competent authority a list of his qualified technical staff. And the types of pesticides, equipment, and machinery in the shop and the store.

not to sell or use pesticides that are expired and adulterated.

Not to sell or use pesticides which are not registered in the Republic.

Not to sell or use pesticides which are imported illegally.

Article ( 14) Any person who wishes to import pesticides from authorized persons shall comply with the following:

(a) For Trade Purposes:

Apply in writing on the sample form No. (13) prepared for this purpose by the competent authority prior to the opening of the letter of credit and complete shipping procedures from the country of origin attached with following documents:
The proforma invoice of the pesticide to be purchased from the producing or manufacturing company.
A formal approved letter from the producing or manufacturing company undertaking to return its pesticides in case of non- compliance with the specifications and technical conditions.
An original copy of the label of every pesticide to be imported.

(b) For Manufacturing Purposes:

apply in writing on sample form (13) prepared for this purpose by the competent authority prior to the opening of the letter of credit and complete shipping procedures from the country of origin attached with the following documents:
The proforma invoice of the pesticide to be purchased from the producing or manufacturing company.
A formal approved letter from the producing or manufacturing company undertaking to return its pesticides in case of non- compliance with the specifications and technical conditions.
An original copy of the label of every pesticide to be imported.

Article ( 10) the competent authority shall study the application and accompanying documents and determine the quantities, and in the case of approval shall issue an import permit according to sample form (14), which is valid for a period of four months and for one shipment only.

Article ( 11) The licensee for the import pesticides shall comply with the following:

(a) notify the competent authority of the date of arrival of the shipment a week before its arrival to the official customs port as specified in the import permit.

(b) provide the competent officer in charge at the customs port and assigned by the competent authority with the following documents upon the arrival of pesticides, namely:

the original permit issued by the competent authority.
an original certificate of analysis approved by the producing or manufacturing company for each patch number separately for all arriving pesticides shipment.
A copy of a certificate of origin attested by the Chamber of Commerce and approved by the Yemeni consulate in the country of origin.
A copy of the bill of lading.
A copy of the shipment manifest.
A copy of the purchase invoice approved by the producing company.

(c) delivery of pesticides’ samples taken from the consignment by the competent employee to the central laboratory for the competent authority.

(d) re-export of pesticides in the event of the analysis result non-compliance with the specifications and technical conditions within 30 days from the date of receiving the result of the analysis.

Article (12) the competent employee, after making sure that the documents are complete and compliant with the technical conditions shall take random samples from the consignment provided he is committed to the following:

Only one sample of each patch number for liquid pesticides.
Two samples of each path number for solid products.
The samples taken shall be packed with sticking tape and signed by the competent employee and the person concerned or his representative and shall be stamped by the quarantine authority stamp.
prove sampling according to official minutes as per the form (8).
The samples attached with the documents relating to the shipment + sampling’s Minutes shall be sent to the competent authority for the purpose of testing and analysis to determine the extent of compliance with the specifications within one week upon which subsequent legal proceedings shall be completed.
If the analysis result showed that the samples are compliant with the specifications, they shall be released and in the case of non-conformity the the person concerned shall be notified of the need to return the shipment within 30 days of receiving the result of the analysis and he is entitled to appeal to the Minister within a week of being informed of the result otherwise the decision shall be final. In case he submits an appeal during the prescribed period and requested on behalf of the manufacturer re-analysis in another neutral lab on their own expenses he shall bring an official letter from the manufacturer stating so.

Article (13) the case shall be referred from the Minister to the competent authority to agree with the complainant and the producing company on the neutral laboratory, as well as taking new samples of the shipment in the presence of the importer or a representative of the producing company. Samples are sent to the laboratory agreed upon by the competent authority at their own expenses and the result issued by this laboratory shall be final. If the result of the analysis showed samples conforming with the specifications and technical conditions, the proceedings for the release of the samples shall be completed immediately.

Article (14) original certificate of analysis shall be submitted to the person concerned with a signed covering letter sent directed to the Customs port director with copies to the competent inspector and the agricultural office at the port of arrival.

Article (15) entry of imported pesticides to the territory of the Republic shall be rejected in the following cases:

the lack of permission from the competent authority.
Non-compliance with the technical conditions as described in the import permit.
Non-compliance with the technical specifications relevant for the pesticide as described in the registration documents.
If it’s been more than six months of its production.

Article (16) any person may obtain a permit to re-export any kind of Pesticides traded in Yemen subject to the consent of the importing country.

Article (17) the procedures for obtaining permits for export of pesticides shall be according to the following:

Applying in writing to the competent authority as per sample form No. (13).

Application shall be reviewed and in the case of approval, the permit shall be issued in accordance with the sample form number (14).