Cases where a pesticide shall be destroyed in Vietnam

Cases where a pesticide shall be destroyed in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows:

1. Cases where a pesticide shall be destroyed in Vietnam

According to Clause 1, Article 74 of the Law on plant protection and quarantine 2013, a pesticide shall be destroyed in the following cases:

- The pesticide is listed on the Nomenclature of prohibited pesticides or not on the Nomenclature of permitted pesticides except the cases prescribed in Points a, c and d Clause 2 Article 67 of the Law on plant protection and quarantine 2013;

- The pesticide is fake;

- The pesticide has been expired and cannot be recycled.

- The pesticide does not meet the national technical regulations and standards and cannot be recycled or re-exported;

- The pesticide does not have an owner or clear origin.

2. Regulations on recall and management of pesticides in Vietnam

Regulations on recall and management of pesticides in Vietnam according to Article 73 of the Law on plant protection and quarantine 2013 are as follows:

- Pesticides must be recalled in the following cases:

+ The pesticides do not meet the national technical regulations and standards;

+ The pesticides have expired;

+ Packages or labels of the pesticides are improper.

- On finding that a pesticide must be recalled, the pesticide manufacturer or importer is responsible for announcing through mass media the pesticide and recalling the pesticide.

If the pesticide manufacturer or importer is not willing to recall the pesticide, the competent agencies shall force the recall.

- The handling measures for recalling pesticides include:

+ Re-export;

+ Re-processing

+ Rectification of packages and/or labels

+ Destruction.

- Jurisdiction over recalled pesticides:

+ Local agency specializing in the plant protection and quarantine shall decide measures and time for dealing with the recalled pesticides; inspect the recall and management of pesticide of local trading entities; take actions against the violations on pesticide recall of local trading entities according to the regulations;

+ The centrally-governed agency specializing in the plant protection and quarantine shall decide measures and time for dealing with the recalled pesticides; inspect the recall and management of pesticide of manufacturers; take actions against the violations on pesticide recall of trading entities if the recall takes place in many central-affiliated cities and provinces;

- The pesticide manufacturers and importers having recalled pesticides shall bear all costs of the recall and management.

3. Regulations on preservation of pesticides in Vietnam

Regulations on preservation of pesticides in Vietnam according to Article 69 of the Law on plant protection and quarantine 2013 are as follows:

- The preservation of pesticides must comply with the guidance on the preservation of the manufacturer which is printed on the labels or packages; ensure the safety of people, animal and environment.

- Pesticides preservation warehouses must have the safe distance from schools, hospitals, residential areas, ensure the technical requirements for preservation; warning; have equipment for handling troubles which is suitable to the nature of the preserved pesticides; comply with the regulations of the Laws on fire prevention and fighting; chemicals, work safety and environmental protection.

- Bio-pesticide preservation warehouses which are not subject to the regulation in Clause 2 Article 69 of the Law on plant protection and quarantine 2013 must ensure no serious harm to the environment.

- If a pesticide is leaking or dispersing that may be harmful to people, animals and the environment, pesticide storage entity must take necessary measures for controlling the consequence and report the situation to the People’s Committee of the commune in which the trouble takes place in order for the People’s Committee to monitor, give warnings, and take measures for negative result prevention. The entity who preserves such pesticide shall bear all costs of remedial measures for the trouble and compensate for the damages.

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