Industry flags concerns on draft Pesticides Management Bill

What Happened

• Industry stakeholders have raised targeted concerns about the Draft Pesticides Management Bill, 2025, which was released by the Central Government for public comments in January 2026 with a deadline of February 4, 2026.
• The Bill seeks to replace the Insecticides Act, 1968 — a 57-year-old law widely considered outdated for modern agricultural regulation — with a comprehensive new framework.
• The Union Agriculture Ministry has indicated that an amended Seeds and Pesticide Management Bill will be introduced in an upcoming session of Parliament.
• CropLife India, the industry body representing crop protection companies, called for reforms to ensure faster access to safer crop protection technologies while also strengthening regulatory oversight.
• Key concerns relate to: the emergency prohibition clause, data protection for innovators, online sale of unauthorised pesticides, and criminal liability provisions.

Static Topic Bridges

The Insecticides Act, 1968 — The Law Being Replaced

The Insecticides Act, 1968 is the existing statutory framework governing the manufacture, sale, transport, distribution, and use of insecticides/pesticides in India. It was enacted under Entry 33 of the Concurrent List (Schedule VII) of the Constitution, which covers trade and commerce in, and production, supply and distribution of, foodstuffs, including edible oilseeds and oils.

Key features of the 1968 Act: - Covers registration, manufacture, labelling, storage, transport, sale, and use of pesticides. - Established the Central Insecticides Board and Registration Committee (CIB&RC) as the regulatory authority for registration of new pesticides. - Penalties are mostly limited to fines and short imprisonment terms — widely criticised as inadequate. - Does not comprehensively address environmental impact, residue management, data protection, or digital tracking. - Does not explicitly regulate e-commerce sales of pesticides.

Draft Pesticides Management Bill, 2025 — Key Provisions

The Draft Pesticides Management Bill, 2025 introduces a significantly modernised framework with the following key features:

1. Comprehensive Registration Framework - Every pesticide — imported, manufactured, or sold — must be digitally registered. - A National Pesticide Registry (central digital database) will trace each pesticide through its entire lifecycle: from manufacture and import to sale and end-use. - Replaces the paper-based, decentralised system under the 1968 Act.

2. Scientific Criteria for Approval - Unlike the 1968 Act, which broadly required "safety and efficacy," the new framework mandates evaluation based on: environmental impact, toxicity profile, residue behaviour, human exposure risk, and performance under India's diverse climate zones.

3. Worker and Farmer Safety - First explicit statutory framework for protective gear, training, and safe-handling norms for pesticide applicators. - Builds a framework for monitoring pesticide poisoning cases — previously absent.

4. Decriminalisation of Petty Offences - The Bill proposes decriminalising minor technical violations to promote ease of doing business and ease of living. - Critics argue this reduces deterrence for non-compliance with safety standards.

5. Emergency Prohibition Clause - Allows the Central Government to impose emergency bans on pesticides without immediate scientific review. - Industry concern: such bans can become de facto permanent without a mandatory review mechanism.

6. State Powers - The Bill limits states' powers to permanently ban hazardous pesticides independently — a concern for both industry and consumer advocates.

Industry Concerns — CropLife India's Submissions

CropLife India, the industry association representing crop protection manufacturers and distributors, submitted detailed comments on the 2025 draft. Key concerns:

1. Innovation and Data Protection - Demanded a Protection of Regulatory Data framework with a time-bound exclusivity period (approximately five years from first registration) to incentivise investment in developing new, safer crop protection technologies. - Without data protection, generic manufacturers can free-ride on innovators' data to register competing products — disincentivising R&D.

2. Emergency Prohibition Clause (Proposed Reform) - Extended prohibitions without timely scientific review effectively become permanent bans. - Industry proposes limiting emergency prohibitions to 60–120 days, followed by a mandatory scientific evaluation and review process.

3. E-Commerce Regulation - Authorised pesticides sold through unregulated online platforms bypass the standard retail registration and quality checks. - CropLife called for explicit provisions extending regulatory oversight to e-commerce marketplaces for pesticide sales.

4. Criminal Liability Gap - The draft lacks provisions fixing criminal liability on manufacturers or distributors for proven cases of misuse, poisoning, or environmental damage. - Industry simultaneously opposed excessive criminalisation of petty technical offences (a contradictory tension in the policy debate).

5. State Enforcement Uniformity - Called for a uniform national enforcement framework to prevent fragmented, inconsistent implementation across states.

6. Compensation and Liability - No clear compensation mechanisms for farmers harmed by defective or mislabelled pesticide products.

Seeds Amendment Bill — Regulatory Linkage

The Agriculture Ministry has simultaneously indicated plans to introduce a Seeds Amendment Bill — amending the Seeds Act, 1966. The two bills are related because:

• Both govern critical agricultural inputs; farmers deal with seeds and pesticides together.
• The Seeds Act, 1966 similarly suffers from outdated provisions: it does not address genetically modified seeds, plant variety protection (now separately governed by the Protection of Plant Varieties and Farmers' Rights Act, 2001), or digital traceability.
• A simultaneous legislative package covering seeds and pesticides would comprehensively modernise agricultural input regulation.

Legislative and Regulatory Significance

Why this matters for governance: - India is the fourth-largest producer and the twelfth-largest exporter of agrochemicals globally. - India uses an estimated 40,000–60,000 tonnes of pesticides annually. - The 50% cap on total reservations in the pesticide market is largely captured by generic formulations; this bill could shift the balance through data protection provisions. - Pesticide residues are a significant food safety and public health issue — the new bill's science-based approval criteria could directly affect Maximum Residue Limits (MRLs) compliance for agricultural exports. - The Food Safety and Standards Authority of India (FSSAI) sets MRLs for pesticide residues in food — the new regulatory framework will need to align with FSSAI standards.

Key Facts & Data

• Insecticides Act, 1968: The law being replaced — 57 years old
• Draft Pesticides Management Bill, 2025: Released January 7, 2026; public comments sought by February 4, 2026
• Central Insecticides Board and Registration Committee (CIB&RC): Current regulatory body under the 1968 Act
• National Pesticide Registry: New digital database proposed in the 2025 draft
• India's agrochemical sector: 4th largest producer globally, 12th largest exporter
• CropLife India: Industry body representing crop protection manufacturers — submitted concerns on the draft
• Data protection demand: 5-year exclusivity period from first registration (proposed by industry)
• Emergency prohibition reform demanded: 60–120 day limit, followed by mandatory scientific review
• E-commerce gap: Online sales of unauthorised pesticides not yet regulated by the 1968 Act
• Seeds Act, 1966: Companion legislation also proposed for amendment
• Protection of Plant Varieties and Farmers' Rights Act, 2001: Governs seed IP and farmers' rights
• Legislative basis: Entry 33, Concurrent List — "trade and commerce in, and production, supply and distribution of" agricultural inputs
• Previous bills: Introduced in 2008, revised in 2017, reintroduced in Rajya Sabha March 2020 — none enacted
• FSSAI: Sets Maximum Residue Limits (MRLs) for pesticide residues in food — alignment with new bill required