The FAO Code of Conduct about

Distribution and trade aim to get pesticides to users. Pesticides which are not distributed cannot cause harm. Thus, articles referring to this issue are important provisions in the FAO Code of Conduct. The Code calls on governments to take over responsibility for developing regulations so that persons involved in the sale of pesticides are capable of providing buyers with appropriate information on effective use and on risk reduction. In cases where handling or use pose a high risk under conditions of use the Code even asks governments to halt sale and recall products to avoid harm and damages (neues FensterFAO Code Art. 5.2.4). As can be seen below, the Code concentrates on various aspects dealing with distribution and trade:

The FAO Code of Conduct about "distribution and trade"

1.1

The objectives of this Code are to establish voluntary standards of conduct for all public and private entities engaged in or associated with the distribution and use of pesticides, particularly where there is inadequate or no national legislation to regulate pesticides.

1.7

The standards of conduct set forth in this Code:

1.7.1

encourage responsible and generally accepted trade practices;

3.1

Governments have the overall responsibility to regulate the availability, distribution and use of pesticides in their countries and should ensure the allocation of adequate resources for this mandate.

3.2

Pesticide industry should adhere to the provisions of this Code as a standard for the manufacture, distribution and advertising of pesticides, particularly in countries lacking appropriate legislation and advisory services.

3.4

Pesticide industry and traders should observe the following practices in pesticide management, especially in countries without legislation or means of implementing regulations:

3.4.4

provide, with each package of pesticide, information and instructions in a form and language adequate to ensure effective use and reduce risks during handling;

4.2

Each country should possess or have access to facilities to verify and exercise control over the quality of pesticides offered for sale or export, to establish the quantity of the active ingredient or ingredients and the suitability of their formulation, according to FAO or WHO specifications, when available.

4.5

Pesticide industry and governments should collaborate in post-registration surveillance or conducting monitoring studies to determine the fate of pesticides and their health and environmental effects under field conditions.

5.1

Governments should:

5.1.2

periodically review the pesticides marketed in their country, their acceptable uses and their availability to each sector of the public, and conduct special reviews when indicated by scientific evidence;

5.1.8

ensure, with the cooperation of pesticide industry, that where pesticides are available through outlets which also deal in food, clothing, medicines or other products for consumption or topical application, they are physically segregated from other merchandise to prevent contamination and/or mistaken identity. Where appropriate, they should be clearly marked as hazardous materials. Every effort should be made to publicize the dangers of storing foodstuffs and pesticides together;

5.2

Even where a control scheme is in operation, pesticide industry should:

5.2.3

make every reasonable effort to reduce risks posed by pesticides by:

5.2.3.1

making less toxic formulations available;

5.2.3.2

introducing products in ready-to-use packages;

5.2.3.3

developing application methods and equipment that minimize exposure to pesticides;

5.2.3.4

using returnable and refillable containers where effective container collection systems are in place;

5.2.3.5

using containers that are not attractive for subsequent reuse and promoting programs to discourage their reuse, where effective container collection systems are not in place;

5.2.3.6

using containers that are not attractive to or easily opened by children, particularly for domestic use products;

5.2.3.7

using clear and concise labelling.

5.2.4

halt sale and recall products when handling or use pose an unacceptable risk under any use directions or restrictions.

6.1

Governments should:

6.1.8

collect and record data on the import, export, manufacture, formulation, quality, quantity and use of pesticides in order to assess the extent of any possible effects on human health or the environment, and to follow trends in pesticide use for economic and other purposes;

6.1.9

permit pesticide application and personal protective equipment to be marketed only if they comply with established standards;

6.1.10

detect and control illegal trade in pesticides;

6.2

Industry should:

6.2.7

provide their national governments with clear and concise data on export, import, manufacture, formulation, sales, quality and quantity of pesticides.

7.3

Two methods of restricting availability can be exercised by the responsible authority: not registering a product or, as a condition of registration, restricting the availability to certain groups of users in accordance with a national assessment of the hazards involved in the use of the product.

7.4

Governments and industry should ensure that all pesticides made available to the general public are packaged and labelled in a manner which is consistent with the FAO guidelines on packaging and labelling and with appropriate national regulations.

7.5

Prohibition of the importation, sale and purchase of highly toxic and hazardous products, such as those included in WHO classes Ia and Ib (34), may be desirable if other control measures or good marketing practices are insufficient to ensure that the product can be handled with acceptable risk to the user.

8.1

Governments should:

8.1.1

develop regulations and implement licensing procedures relating to the sale of pesticides, so as to ensure that those involved are capable of providing buyers with sound advice on risk reduction and efficient use;

8.1.2

take the necessary regulatory measures to prohibit the repackaging or decanting of any pesticide into food or beverage containers and rigidly enforce punitive measures that effectively deter such practices;

8.1.3

encourage, to the extent possible, a market-driven supply process, as opposed to centralized purchasing, to reduce the potential for accumulation of excessive stocks. However, when governments or other agencies purchase pesticides, the procurement should be based on established FAO tender procedures for pesticides;

8.1.4

ensure that any pesticide subsidies or donations do not lead to excessive or unjustified use which may divert interest from more sustainable alternative measures.

8.2

Pesticide industry should:

8.2.1

take all necessary steps to ensure that pesticides entering international trade conform at least to:

8.2.1.1

relevant FAO, WHO or equivalent specifications (where such specifications have been developed);

8.2.1.2

principles embodied in relevant FAO guidelines on classification, packaging, marketing, labelling, procurement and documentation;

8.2.1.3

rules and regulations laid down by the UN Recommendations on the Transport of Dangerous Goods, and by international organizations concerned with specific modes of transport (e.g. ICAO4, IMO5, RID6, ADR7 and IATA8).

8.2.2

endeavour to ensure that pesticides manufactured for export are subject to the same quality requirements and standards as those applied to comparable domestic products;

8.2.3

ensure that pesticides manufactured or formulated by a subsidiary company meet appropriate quality requirements and standards. These should be consistent with the requirements of the host country and of the parent company;

8.2.4

encourage importing agencies, national or regional formulators and their respective trade organizations to cooperate in order to achieve fair practices as well as marketing and distribution practices that reduce the risks posed by pesticides, and to collaborate with authorities in stamping out any malpractice within the industry;

8.2.5

recognize that a pesticide may need to be recalled by a manufacturer and distributor when its use, as recommended, represents an unacceptable risk to human and animal health or the environment, and act accordingly;

8.2.6

endeavour to ensure that pesticides are traded by and purchased from reputable traders, who should preferably be members of a recognized trade organization;

8.2.7

ensure that persons involved in the sale of pesticides are trained adequately, hold appropriate government licences (where such licences exist) and have access to sufficient information, such as material safety data sheets, so that they are capable of providing buyers with advice on risk reduction and efficient use;

8.2.8

provide, consistent with national requirements, a range of pack sizes and types that are appropriate for the needs of small-scale farmers and other local users, in order to reduce risks and to discourage sellers from repackaging products in unlabelled or inappropriate containers.

8.3

The procurer (government authority, growers' association, or individual farmer) should establish purchasing procedures to prevent the oversupply of pesticides and consider including requirements relating to extended pesticide storage, distribution and disposal services in a purchasing contract.

10.1

All pesticide containers should be clearly labelled in accordance with applicable guidelines, at least in line with the FAO guidelines on good labelling practice.

10.2

Industry should use labels that:

10.2.1

comply with registration requirements and include recommendations consistent with those of the recognized research and advisory agencies in the country of sale;

10.2.2

include appropriate symbols and pictograms whenever possible, in addition to written instructions, warnings and precautions in the appropriate language or languages;

10.2.3

comply with national or international labelling requirements for dangerous goods in international trade and, if appropriate, clearly show the appropriate WHO hazard classification of the contents;

10.2.4

include, in the appropriate language or languages, a warning against the reuse of containers and instructions for the safe disposal or decontamination of used containers;

10.2.5

identify each lot or batch of the product in numbers or letters that can be understood without the need for additional code references;

10.2.6

clearly show the release date (month and year) of the lot or batch and contain relevant information on the storage stability of the product.