[ FDA CIRCULAR NO. 2018-008, September 11, 2018 ]

BAN ON CHLORPYRIFOS AND DICHLORVOS FOR USE IN HOUSEHOLD/URBAN PESTICIDE PRODUCTS, AND HOUSEHOLD/URBAN PESTICIDE PRODUCTS CONTAINING CHLORPYRIFOS AND DICHLORVOS AS ACTIVE INGREDIENTS



Adopted: 18 June 2018
Date Filed: 11 September 2018

I.    RATIONALE

Consistent with the declared policy of the State to protect and promote the right to health of the Filipino people and instill health consciousness among them in the 1987 Philippine Constitution, and Republic Act (RA) No. 9711, otherwise known as the œFood and Drug Administration (FDA) Act of 2009 , and its Implementing Rules and Regulations (IRR), the FDA hereby imposes a ban on chlorpyrifos and dichlorvos, or mixtures thereof, for use in household/urban pesticide  products,  and  household/urban  pesticide  products  containing chlorpyrifos and dichlorvos, or mixtures thereof, as active ingredients.

II.   SCOPE

This Circular shall cover the active ingredients chlorpyrifos and dichlorvos, or mixtures thereof, for use in household/urban pesticide products, household/urban pesticide products containing chlorpyrifos and dichlorvos, or mixtures thereof, as active ingredients, and the establishments that are engaged in the manufacture, importation, exportation, sale, offer for sale, distribution, donation, transfer, and where applicable, the use, testing, promotion, advertising, or sponsorship of chlorpyrifos and dichlorvos, or mixtures thereof, for use in household/urban pesticide products, and/or household/urban pesticide products containing chlorpyrifos and dichlorvos, or mixtures thereof.

III.  GENERAL INFORMATION

Some countries have already banned certain active ingredients of commonly used household pesticides as these chemicals were linked to cause damaging effects to humans, animals and the environment.

Ban on Chlorpyrifos

On June 8, 2000, The U.S. Environmental Protection Agency (EPA) announced an agreement with pesticide manufacturers to remove chlorpyrifos, an organophosphate pesticide, from retail sale and residential and professional uses by the end of 2001, because of risks to children. In Yemen, chlorpyrifos was banned from sale and restricted for use in 2006. Household, home garden and domestic use of chlorpyrifos was banned in South Africa in 2010. In the United Kingdom, the Health and Safety Executive (HSE) announced on February 12, 2016 the withdrawal of all other uses of chlorpyrifos effective April 1, 2016 with the exception of use for the protected brassica seedling drench treatment applied via automated gantry sprayer.

Short-term   symptoms   of   low-dose   exposure   to   chlorpyrifos  may  include headache,  agitation,  weakness,  nausea,  diarrhea  and  blurred  vision.  Higher doses can lead to respiratory paralysis and death. In addition to the immediate effects of exposure, chlorpyrifos has also been linked to adverse effects on neurodevelopment, reduced birth size, and endocrine disruption.

Ban on Dichlorvos

In  its  Decision  published  on  10  May  2012,  the  European  Commission  has adopted the decision: (1) not to include dichlorvos in the list of active substances in Annexes I, IA or IB to Directive 98/8/EC for Product Type 18 which include insecticides, acaricides and products to control other arthropods, and (2) for biocidal  products  of  Product  Type  18  containing  dichlorvos  to  no  longer  be placed on the market effective 1 November 2012.

Acute symptoms of exposure to dichlorvos, include weakness, headache, tightness  in  chest,  blurred  vision,  salivation,  sweating,  nausea,  vomiting, diarrhea, abdominal cramps, eye and skin irritation, miosis, eye pain, runny nose, wheezing, cyanosis, anorexia, paralysis, dizziness, ataxia, convulsions, hypotension and cardiac arrhythmias. Dichlorvos is toxic to fish, aquatic organisms, birds and honey bees.

IV.  GUIDELINES

1.    The ingredients chlorpyrifos and dichlorvos, or mixtures thereof, shall not be allowed to form part of any household/urban pesticide product.

2.    The importation of chlorpyrifos and dichlorvos, or mixtures thereof, for use in household/urban pesticide products shall not be allowed.

3.    All concerned companies shall be given six (6) months phase-out period to exhaust all stocks of chlorpyrifos and dichlorvos, or mixtures thereof, and/or household/urban pesticide products containing chlorpyrifos and dichlorvos, or mixtures thereof.

4.    It shall be the responsibility of the manufacturer, trader, distributor, importer, wholesaler or exporter to conduct inventory of stocks and recall of their products  to  ensure  that  chlorpyrifos  and  dichlorvos,  or  mixtures  thereof, and/or household/urban pesticide products containing chlorpyrifos and dichlorvos, or mixtures thereof, are removed from the market and shall no longer be made available to the market after the phase-out period.

5.    The  storage,  transport,  and  disposal  of  these  banned  ingredients  or household/urban pesticide products shall be in accordance with RA 6969, otherwise known as the œToxic Substances and Hazardous and Nuclear Wastes Control Act of 1990  and IRR.

V.   PENALTY CLAUSE

Any establishment found to be in violation of the provisions of this issuance shall be subjected to sanctions and penalties as prescribed by RA 9711 and its IRR.

VI.  EFFECTIVITY

This Circular shall take effect thirty (30) days after publication in two (2) newspapers of general circulation and submission of a copy hereof to the Office of the National Registry of the University of the Philippines Law Center.

(SGD) NELA CHARADE G. PUNO, RPH
Director General