Hazardous Substances Act
Q & A Approach in the context of pesticides
Act No. 15 of 1973
Hazardous Substances Act: Questions and Answers
Answers to the questions CropLife SA members most often ask about Section 4 licences, storage and poison registers under the Hazardous Substances Act, 1973 (Act No. 15 of 1973), in the context of pesticides.
- Companies/branches that import, trade, sell or use technical grade aluminum phosphide, antimony potassium/sodium tartrate or zinc phosphide.
- Applicable to manufacturers/formulators who manufacture/formulate pesticide products containing the technical grade material noted above.
- Note: technical grade material is not registered under Act No. 36 of 1947. It is only the formulated end product that is registered under Act No. 36 of 1947.
- Applicable to any company/branch that is trading/selling formulated pesticide products suitably registered under Act No. 36 of 1947 containing technical grade aluminum phosphide, antimony potassium/sodium tartrate or zinc phosphide.
- Applicable to any company/branch importing, trading or selling formulated pesticide products, with a 6.1 Toxic class according to UN number (i.e., UN recommendations on the transport of dangerous goods), that are suitably registered under Act No. 36 of 1947.
- This includes Registration holders, Distributors, Agents/Advisers and Retailers.
- ‘Annexure C’ of the application form requires products falling into Group 1 Category B to be listed, which upon inspection, prior to license issuing, will be confirmed.
- In short there is no such list or annexure/appendix that exists.
- CropLife SA members will have to determine, for themselves, whether products being traded with or sold fall into Group 1 Category B.
- Firstly, establish an electronic database for all products being traded/sold and include the UN number with a column where the class according to UN Number can be filled in.
- Where a company is trading/selling a small range of products, then it is best to refer to Section 14 of the Safety Data Sheet (SDS) for each product under road transport, where the class will be listed.
- Where a company is trading/selling a large range of products, then it is best to utilise Table C.1 of the South African National Standard (SANS) 10231 for this purpose by searching according to UN Number.
- A list of provincial managers to contact for this purpose was circulated last year by the association and is available on the CropLife SA website via the member portal.
- Application fees are noted but generally not charged.
- Yes, and this must be done annually.
- No. Distributors, agents/advisers or retailers must possess a valid Group 1 Category B license.
- No. Agents/advisers or retailers must possess a valid Group 1 Category B license.
- Yes.
- Note: licensed agents/advisers or retailers cannot trade/sell Group 1 Category B products to agents/advisers or retailers that do not possess a Group 1 Category B license for such products.
- No. Agents/advisers, retailers or any company selling such products to end users must possess a valid Group 1 Category B license to do so.
- End users do not require a Section 4 Group 1 Category B license to purchase Group 1 Category B products but are required to store such products according to the requirements of Act No. 15 of 1973 (i.e., double locking).
- Storage: DoH inspectors will confirm whether the storage facility is fit for purpose and most importantly, whether the technical grade material or registered formulated products, as listed on ‘Annexure C’ of the submitted application form, is/are being stored behind lock and key (i.e., double locking). Where stock has not yet arrived by the time of inspection, provision must still be made.
- Provision/maintenance of a “Poison Register”: necessary to confirm legitimate sales.
- Note: ‘Annexure B’ of the Section 4 license application form provides an evaluation tool to be utilised by inspectors upon inspections.
- Such products can be stored in a separate ventilated lockable room in the building where a separate facility from the main building is not required.
- An area of the depot/warehouse where such pesticides are stored can be separated with a sealed off dry wall that has a lockable door.
- Another option is to erect a lockable mesh cage or similar structure around the area where such products are kept.
- Where a facility is bonded as Group 1 Category B with a “ring bell” function to signal to an authorised employee to open the door before anyone enters or leaves the facility, this will also constitute having such products stored under lock and key.
- Whichever option is decided on will depend on business models and budget, but the key point here is that whatever option may be decided upon, all Group 1 Category B products must be kept behind lock and key.
- Manufacturers/formulators who possess a Group 1 Category A license must record the following:
- Stock records: name & quantity of such hazardous substances; date of importation/acquisition & name of supplier.
- Name(s) of the responsible person (i.e., Business Owner/Branch Manager) and their valid Section 4 license number to use and/or trade/sell such substances, as well as the date, name and quantity of the technical grade material supplied on the invoice.
- Signed supply and sales records (i.e., invoices) for trading partner(s)/client(s) must be kept for three years should there be an incident (i.e., crime committed using the technical grade material) that warrants an investigation.
- Records of acquisitions and sales are to be balanced at the end of April and September each year.
- Registration holders, distributors, agents/advisers and retailers who possess a Group 1 Category B license must record the following:
- Stock records: name & quantity of all Group 1 Category B products; date of importation/acquisition & name of supplier.
- Name(s) of the responsible person (i.e., Business Owner/Branch Manager) and their valid Section 4 license number to trade with such products where the products are supplied to a trading/selling company/branch.
- Finally, for all sales, which includes sales to end users (i.e., farmers) record on the invoice the date, trade name of product(s), active ingredient(s), quantity, full names of the purchaser/recipient and purpose for which the product(s) is purchased/received.
- Signed supply and sales records (i.e., invoices) for trading partner(s)/client(s) must be kept for three years should there be an incident (i.e., crime committed using the product) that warrants an investigation.
- Records of acquisitions and sales are to be balanced at the end of April and September each year.
- When looking at ‘Annexure B’ of the application form, written or electronic records will be acceptable.
- However, there are inspectors in certain provinces which may demand that a written register be maintained.
- It is therefore crucial to seek clarity on this from the relevant provincial DoH manager through email or a phone call.
- Keep all communications in this regard safely filed to serve as proof if ever required.
- Consult the list of provincial DoH managers made available by the association to members for contact details.
- No, provided a paper trail (for example, e-mail communications with provincial managers, letters, enquiry receipts, etc.) is maintained to show that effort has been and continues to be made by following-up on delays.
- Inspectors will not seize any products or seal off a commercial storage facility where such a paper trail can be presented in the absence of a valid license.
- Maintaining records of all such sales, as per the requirements of a poison register, cannot be overstated.
- Inspectors not acting in good faith must be reported to their provincial DoH manager.
- The issues must be outlined and clarity on the way forward must be sought.
- Keep all communication records safely filed and inform the CropLife SA Stewardship Portfolio of such behaviour.
- An in-depth training webinar which took place in 2023 where the recorded version is available to members on the CropLife SA website.
- A summarised “Quick Guide” document based on the in-depth webinar was circulated to all Stewardship Forum participants for further dissemination within their respective companies.
- The key requirements and challenges pertaining to this Act were workshopped during the 2nd Stewardship Forum in a practical manner based on member queries.
- Queries and requests to date from CropLife SA members in relation to the requirements of this Act have been timeously dealt with by the Stewardship Portfolio where guidance, advice and assistance continues to be provided.