(1) Reasons for Proposal
In accordance with the amended Pesticide Control Act (Act no. 16120; promulgated on December 31, 2018; to be enforced on July 1, 2019 and January 1, 2020), this Amendment prescribes matters delegated by the Act and matters necessary for the enforcement thereof, and improves upon a number of weaknesses that have emerged from the operation of the current system.
(2) Major Provisions
A. Specify the scope of sales and purchase information subject to compulsory recording by pesticide business operators specified by the Ordinance of the Ministry of Agriculture, Food and Rural Affairs (Article 24-3, paragraph 1 amended)
1) Delete information specified by the superordinate law including the names and addresses of purchases and product names
2) For manufacturers and importers, add product registration numbers and barcode information and use as basic materials necessary for the management of pesticide sales records
3) Encourage dealers to only sell pesticides suitable for the target crops by adding the names of crops on which purchasers intend to use pesticides
4) Include pest controllers for imported or exported plants in the scope of compulsory recording in accordance with amendments to the superordinate law
B. Scope of information provided by pesticide business operators specified by the Ordinance of the Ministry of Agriculture, Food and Rural Affairs to the Administrator of the Rural Development Administration, and the method of provision (Article 24-3, paragraph 2 amended; Article 24-3, paragraphs 3 and 4 newly inserted)
1) Prescribe that the scope of sales information managed by the Administrator of the Rural Development Administration for traceability and safety control of records on the sale of pesticides, etc., shall be limited to a minimum including the names, addresses, and contact details of purchases, date of sale, amount sold, etc.
2) Reduce the burden on manufacturers and importers by prescribing that sales information on only those pesticides subject to special control and restrictions to prevent pesticide poisoning and safety accidents shall be provided to the Administrator of the Rural Development Administration
3) Reduce the burden on dealers by allowing automatic integration of information using a computer system, and prescribe that pest controllers for imported or exported plants that use a separate system of the Animal and Plant Quarantine Agency may be exempt from providing information to the Rural Development Administration
C. Method of recording and retaining sales and purchase information on pesticides by pesticide business operators specified by the Ordinance of the Ministry of Agriculture, Food and Rural Affairs (Article 24-3, paragraphs 5, 6, and 7 newly inserted; attached Form 24-3 amended)
1) Allow sales and purchase information on pesticides, etc., to be recorded using the pesticide safety information system or a separate computer system linked to the pesticide safety information system
2) Encourage dealers to only sell pesticides suitable for the target crops by allowing them to view information on the agricultural enterprises of pesticide purchasers
3) Prescribe that the retention period for records deleted from the superordinate law shall be 3 years as per current provisions, and simplify the recording and retention form for sales information that may be used by dealers
4) Prescribe provisions allowing the Administrator of the Rural Development Administration to separately determine and announce other details concerning the method of recording and retaining information on the sale and purchase of pesticides, etc.
D. Specify detailed matters necessary for the establishment and operation of the pesticide safety information system prescribed by the Ordinance of the Ministry of Agriculture, Food and Rural Affairs (Article 24-4 newly inserted)
1) Add affairs concerning the management of information on pesticide business operators who have violated the law and the development and dissemination of integrated computer programs to the scope of affairs of the pesticide safety information system
2) Allow the Administrator of the Rural Development Administration to prescribe standards on the classification of pesticides, etc. and a barcode system; prescribe an obligation to report to the Minister of Agriculture, Food and Rural Affairs on system operation, etc.
E. Address weaknesses in system operation and improve regulations (attached Table 2, attached Table 3, and attached Table 7, subparagraph 10 amended; attached Form 25 amended)
1) Strengthen the administrative disposition criteria applicable to cases where a pest controller of imported or exported plants has failed to take hazard prevention measures in using hazardous, highly toxic pesticides, or has performed fumigation using unlawful methods
2) Reduce the burden on pesticide manufacturers and importers by reducing the volume of samples required for pesticide registration from the current 200 to 500 mL to 200 mL, and reducing the volume of samples required for technical concentrate registration from the current 100 mL to 50 mL
3) Reduce the burden on persons operating a pesticide sales business by waiving the full fee for pesticide sales manager education when the application is submitted electronically and reducing the fee from the current 30,000 won to 10,000 for applications submitted in person
4) Improve the in-house test report form submitted each month by pesticide manufacturers and importers to the Administrator of the Rural Development Administration