Insecticides Rules, 1971- Insecticide Analysts and Insecticide Inspectors

CHAPTER VI - INSECTICIDE ANALYSTS AND INSECTICIDE INSPECTORS

21. Qualifications of Insecticide Analyst

A person shall be eligible for appointment as an insecticide analyst under the Act only if he possesses the following qualifications, namely :

a. A graduate in Agriculture or a graduate in Science with Chemistry as special subject; and
b. adequate training in analysing insecticides in a recognized laboratory.

22. Powers of Insecticides Analyst

The Insecticides Analyst shall have the power to call for such information of particulars or do anything as may be necessary for the proper examination of the samples sent to him either from the Insecticide Inspector or the person whom the sample was obtained.

23. Duties of Insecticides Analyst

1. The Insecticides Analyst shall analyse or cause to be analysed or test or cause to be tested such samples of insecticides as may be sent to him by the Insecticide Inspector under the provisions of the Act and shall furnish report or results of such tests or analysis.
2. An insecticides analyst shall, from time to time, forward to the State Government reports giving the result of analytical work and investigation with a view to their publication at the discretion of the government.

24. Procedure on receipt of sample

1. On receipt of a package from an Insecticide Inspector containing a sample for test or analysis, the Insecticides Analyst shall compare the seals on the packet with the specimen impression received separately and shall note the condition of the seals on the packet.

2. In making the test or analysis of insecticides, it shall be sufficient if the insecticides analyst follows that specifications and the months of examination of samples as approved by the Registration Committee.

3. After the test or analysis has been carried out under sub-rule (2), the Insecticides Analyst shall forthwith supply to the Insecticides Inspector a report in triplicate in Form IX of the result of test or analysis.

25. Fees payable for testing or analysis

1. The fees payable for testing or analyzing insecticides under sub-section (5) of section 24 of the Act shall be as specified in the Second Schedule.
2. The fee payable for testing or analyzing samples received from the Insecticides Inspector shall also be as specified in the Second Schedule:

Provided that the Central Government may, after taking into consideration the genuine difficulties, of any particular State Government, exempt from payment of the fee for such period as it may consider reasonable.

26. Qualifications of Insecticides Inspector

A person shall be eligible for appointment as an Insecticides Inspector under the Act only if he possesses the following qualifications, namely:

a. graduate in Agriculture, or graduate in Science with Chemistry as one of the subjects;
b. adequate field experience.

27. Duties of Insecticides Inspector - The Insecticides Inspector shall have the following duties, namely:

1. to inspect not less than three times in a year all establishments selling insecticides within the area of his jurisdiction;

2. to satisfy himself that the conditions of licence are being complied with;

3. to procure and send for test and analysis, samples of insecticides which he has reason to suspect are being sold, stocked or accepted for sale in contravention of the provisions of the Act or rules made there under;

4. to investigate any complaint in writing which may be made to him;

5. to institute prosecution in respect of breaches of the Act and the rules made there under;

6. to maintain a record of all inspections made and action taken by him in the performance of his duties including the taking of samples and seizure of stocks and to submit copies of such record to the licensing officer;

7. to make such inquiries and inspections as may be necessary to detect the sale and use of insecticides in contravention of the Act.]

28. Duties of Inspectors specially authorized to inspect manufacture of Insecticides

It shall be the duty of any Inspector authorized to inspect the manufacture of Insecticides—

1. to inspect not less than twice a year all premises licensed for the manufacture of insecticides within the area of his jurisdiction and to satisfy himself that the conditions of the licence and the provisions of the Act or the rule made there under are being observed;

2. to send forthwith to the licensing officer after each inspection, a detailed report indicating the conditions of the licence and the provisions of the Act or rules made thereunder which are being observed and the conditions and provisions, if any, which are not being observed;

3. to draw samples of insecticides manufactured on the premises and send them for test or analysis in accordance with these rules;

4. to report to the government all occurrences of poisoning.

29. Prohibition of disclosure of information

Except for the purpose of official business or when required by a court of law, an Insecticides Inspector shall not disclose to any person any information acquired by him in the performance of his official duties.

30. Form of order not to dispose of stock

An order by the Insecticides Inspector requiring a person not to dispose of any stock in his possession shall be in Form X.

31. Prohibition of sale

No person in possession of an insecticide in respect of which an Insecticides Inspector has made an order under rule 30 shall, in contravention of that order, sell or otherwise dispose of any stock of such insecticide.

32. Form of receipt for seized insecticides

A receipt by an Insecticides Inspector for the stock of any insecticide seized shall be in Form XI.

33. Form of intimation for purposes of taking samples

Where an Inspector takes a sample of an insecticide for the purpose of test or analysis he shall intimate such purpose in writing in Form XII to the person from whom he takes it.

34. Dispatch of samples for test or analysis

1. Samples for test or analysis under the Act shall be sent by registered post or by hand in a sealed packet together with a memorandum in Form XII in an outer cover addressed to the Insecticide Analyst.

2. The packet as well as the outer cover shall be marked with a distinct mark.

3. A copy of the memorandum in Form XIII together with a specimen, impression of the seals of the inspector and of the seals, if any, of the person from whom he takes such samples, shall be sent separately by registered post or by hand to the Insecticides Analyst.

CHAPTER VII - TRANSPORT AND STORAGE OF INSECTICIDES IN TRANSIT BY RAIL, ROAD OR WATER

35. Manner of packing, storage while in transit by rail

1. Packages containing insecticides, offered for transport by rail, shall be packed in accordance with the conditions specified in the Red Tariff, issued by the Ministry of Railways.

2. No insecticide shall be transported or stored in such a way as to come into direct contact with foodstuffs or animal feeds.

3. No foodstuffs or animal feeds which got mixed up with insecticides as a result of any damage to the packages containing insecticides during transport or storage shall be released to the consignees unless it has been examined for possible contamination by competent authorities, as may be notified by the State Government.

4. If any insecticide is found to have leaked out in transport or storage it shall be the responsibility of the transport agency or the storage owner to take such measure urgently to prevent poisoning and pollution of soil or water, if any.

36. Conditions to be specified for storage of insecticides

1. The package containing insecticides shall be stored in separate rooms or premises away from the rooms or premises used for storing other articles or shall be kept in separate almirahs under lock and key depending upon the quantity and nature of the insecticides.

2. The rooms or premises means for storing insecticides shall be well built, dry, well-lit and ventilated and of sufficient dimension.