Complying with applicable legislation in the marketing and sales of pesticide products in South Africa is vital for ensuring consumer safety, environmental protection, and legal adherence. The Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947), regulates the registration, GHS labelling, and advertising of pesticides to prevent misleading claims and ensure that products are safe and effective. Compliance with this Act ensures that pesticides meet the required safety standards, reducing potential health risks to consumers, workers, and the environment.

It is very important to note that the latest regulation in support of Act No. 36 of 1947 - regulations relating to agricultural remedies of August 2023 – includes a regulation under the section ‘Sale of agricultural remedies’ that refers to the Hazardous Substances Act, 1973 (Act No. 15 of 1973). This means that compliance with Act No. 15 of 1973, in terms of the sale of Group 1 Category B pesticides (i.e., Poison Register), is non-negotiable.

Further to the above, Regulation 33 (6) of Act No. 36 of 1947 – ‘any person in control of an establishment that sells an agricultural remedy, including through internet sales, shall provide safety instructions, training and awareness to the distributors, advisors and users of pesticides on safety instructions for human health and the environment’.

Additionally, regulations encompassed under the Consumer Protection Act, 2008 (Act No. 68 of 2008), protects consumers from harmful products, ensuring that pesticide sales are transparent and ethical. Proper labelling and clear instructions on use, storage, and disposal help prevent misuse or accidents.

By adhering to these laws, businesses can build consumer trust, avoid legal penalties, and contribute to sustainable agricultural practices. Compliant marketing and sales practices ultimately promote public health, environmental sustainability, and responsible pesticide use in South Africa.

Members are reminded that the association offers compliance auditing of advertisements for agricultural remedies prior to publication to ensure all necessary regulations are complied with.

Stewardship Specialist: hiresh@croplife.co.za
Compliance Specialist: quade@croplife.co.za