1. Legislative regulation of the use of pesticides and agrochemicals in Ukraine
1.1. List of regulatory acts
– Law of Ukraine “On Pesticides and Agrochemicals” of March 02, 1995 No 86/95-BP and Annex thereto (List of agrochemicals allowed for import into the customs territory of Ukraine, production, trade, use and advertising without their state registration);
– Law of Ukraine “On basic principles and requirements for food safety and quality” of December 23, 1997 No 771/97-BP;
– Law of Ukraine “On basic principles and requirements for organic production, circulation and labeling of organic products” of July 10, 2018 No 2496-VIII;
– Law of Ukraine “On state control of compliance with food, feed, animal by-products, animal health and welfare” of May 18, 2017 No 2042-VIII;
– Law of Ukraine “On fauna” of December 13, 2001 No 2894-III;
– Law of Ukraine “On state control of land use and protection” of June 19, 2003 No 963-IV;
– Law of Ukraine “On plant protection” of October 14, 1998 No 180-XIV;
– Law of Ukraine “On accession of Ukraine to the Scheme of variety certification of cereal seeds, the Scheme of variety certification of corn and sorghum seeds of the Organization for Economic Cooperation and Development” of February 15, 2011 No 3019-VI;
– Law of Ukraine “On ratification of the Stockholm convention on persistent organic pollutants” of April 18, 2007 No 949-V;
– Resolution of the Cabinet of Ministers of Ukraine “On approval of the lists of input products that can be stored in the production unit” of December 09, 2015 No 1023;
– Resolution of the Cabinet of Ministers of Ukraine “On state supervision and state control of compliance with pesticide and agrochemicals legislation” of February 19, 1996 No 226;
– The procedure for granting the status of a special zone for the production of raw materials used for the manufacture of baby foods and dietary foods, approved by the Resolution of the Cabinet of Ministers of Ukraine of October 03, 2007 No 1195;
– The order of keeping the agrochemical passport of the land plot, approved by the Order of the Ministry of Agrarian Policy and Food of Ukraine of October 11, 2011 No 536;
– The list of pesticides banned for use in agriculture, which cannot be registered or re-registered in Ukraine, approved by the Chairman of the UkrChCHC on August 05, 1997, in agreement with the Deputy Minister of Security environment and nuclear safety;
– List of technical means of application of pesticides and agrochemicals of foreign production, approved by the Order of the Ukrainian Research Institute for the prediction and testing of machinery and technologies for agricultural production named after Lenin Pogorely at the Ministry of Agrarian Policy of Ukraine of January 26, 2007 No 21;
– List of codes (indications of preparative forms) for technical products and pesticides of the international coding system, approved by the Order of the Ministry of Ecology and Natural Resources of Ukraine of June 02, 2011 No 187;
– Hygiene standards and regulations for the safe use of pesticides and agrochemicals, approved by the Order of the Ministry of Health of Ukraine of February 02, 2016 No 55;
– “State Sanitary Rules and Hygiene Standards. 8. Hygiene and Toxicology of Pesticides, Polymeric and Synthetic Materials. 8.1. Pesticides and Agrochemicals. Hygienic Classification of Pesticides by Hazard, approved by the Resolution of the First Deputy Chief State Sanitary Doctor of Ukraine of August 28, 1998 No 2;
– State sanitary rules “Transportation, storage and use of pesticides in the national economy” (ДCанПіН 8.8.1.2.001-98), approved by the Resolution of the Chief State Sanitary Doctor of Ukraine of August 3, 1998 No 1;
– The order of carrying out state tests, state registration and re-registration, the issue of lists of pesticides and agrochemicals authorized for use in Ukraine, approved by the Resolution of the Cabinet of Ministers of Ukraine of March 04, 1996 No 295;
– The order of carrying out state tests and state registration of technical means of application of pesticides and agrochemicals, approved by the Resolution of the Cabinet of Ministers of Ukraine of April 29, 1996 No 479;
– The order of state accounting of the presence and use of pesticides and agrochemicals, approved by the Resolution of the Cabinet of Ministers of Ukraine of November 02, 1995 No 881;
– Safety rules for the performance of aeronautical-chemical works, approved by the Order of the State Committee of Ukraine for Industrial Safety, Labor Protection and Mining Supervision of June 06, 2008 No 129;
– The order of removal, utilization, destruction and disposal of unsuitable or prohibited pesticides and agrochemicals and containers from them, approved by the Cabinet of Ministers of Ukraine of March 27, 1996 No 354;
– The order of carrying out ecological-expert evaluation of the materials submitted for registration of pesticides and agrochemicals, approved by the Resolution of the Cabinet of Ministers of Ukraine of April 18, 2018 No 312;
– The order of providing the bodies exercising state control over the use of pesticides and agrochemicals, standard samples of pesticides and agrochemicals, methods of determining their residual quantities, approved by the Cabinet of Ministers of Ukraine of February 19, 1996 No 228;
– The procedure for obtaining a permit (certificate) for the right to work related to the transportation, storage, use and trade of pesticides and agrochemicals, approved by the Cabinet of Ministers of Ukraine of September 18, 1995 No 746;
– Sampling methods for determination of maximum permissible levels of pesticide residues in products of plant and animal origin for the purposes of state control, approved by the Order of the Ministry of Agrarian Policy and Food of Ukraine of June 28, 2018 No 289;
– Compulsory minimum list of studies of raw materials, products of animal and vegetable origin, compound feeds, compound feeds, vitamins, etc., which should be carried out in state laboratories of veterinary medicine and according to the results of which is issued a veterinary certificate (f-2), approved by the Order of the State of veterinary medicine of the Ministry of Agrarian Policy of Ukraine of November 16, 1998 No 16;
– The procedure for granting permission for the import into the customs territory of Ukraine of unregistered pesticides and agrochemicals used for state testing and scientific research, as well as processed seed (planting) material, approved by the Resolution of the Cabinet of Ministers of Ukraine of March 04, 96 No 288;
– Restrictions on the application of pesticides and the term of entry of people to pesticide-treated areas for manual and mechanized plant care work, approved by the Order of the Ministry of Environment of Ukraine of Marh 30, 2005 No 118 in the form of Supplement to Annex 1 of the List of pesticides and agrochemicals allowed for use in Ukraine;
– The procedure for granting the status of a special zone for the production of raw materials used for the manufacture of baby and dietary foods, approved by the Resolution of the Cabinet of Ministers of Ukraine of June 26, 1996 No 679;
– Detailed rules for the production of organic products (raw materials) of plant origin, approved by the Resolution of the Cabinet of Ministers of Ukraine of August 31, 2016 No 587;
– Methodological recommendations on the Program of production control over compliance with the requirements of production, storage and transportation of raw milk, approved by the Order of the Chief State Inspector of Veterinary Medicine of Ukraine of September 27, 2012 No 147;
– State standard of Ukraine ДСТУ 7782:2015 “Herbicides. Determination of active substance. Part 1. Determination of tribenuron-methyl content by quantitative thin layer chromatography”;
– State standard of Ukraine ДСТУ 7783:2015 “Herbicides. Determination of active substance. Part 2. Determination of phosphonomethylglycine content by quantitative thin layer chromatography”;
– State standard of Ukraine ДСТУ 7784:2015 “Herbicides. Determination of active substance. Part 3. Determination of acetochlor content by quantitative thin layer chromatography”;
– State standard of Ukraine ДСТУ 7785:2015 “Herbicides. Determination of active substance. Part 4. Determination of 2,4-dichlorophenoxyacetic acid by high performance liquid chromatography”.
1.2. Main provisions of legal regulation of pesticides and agrochemicals
Law of Ukraine “On Pesticides and Agrochemicals” of March 02, 1995 No 86/95-BP is the main document that regulates the legal status and order of handling of pesticides and agrochemicals. Pesticides are toxic substances, their compounds or mixtures of substances of chemical or biological origin, intended to destroy, regulate and stop the development of harmful organisms, which cause the activity of plants, animals, humans and damage to property, as well as rodents, weeds, woody, shrubs, clogging fish species. Agrochemicals are organic, mineral and bacterial fertilizers, chemical ameliorants, plant growth regulators and other substances used to increase soil fertility, crop yields and improve crop production. Technical means of application of pesticides and agrochemicals – special machines, mechanisms and devices for treatment of objects with pesticides and application of organic and mineral fertilizers. Residues – content of the active substance of pesticides and agrochemicals, their derivatives and products of transformation in living systems (metabolites) and in the environment. Pesticides and agrochemicals of domestic as well as foreign production imported for use on the territory of Ukraine must meet the following requirements: high biological efficiency for the intended purpose; safety for human health and the environment, subject to the regulations of their application; compliance with state standards, sanitary standards and other normative documents. Imports into the customs territory of Ukraine, production, trade, use and advertising of pesticides and agrochemicals prior to their state registration are prohibited, except in cases established by this Law. The requirements for state registration of pesticides and agrochemicals do not apply to research lots used for government testing and scientific research; production for export and production of research batches used for state testing, scientific and technological research and testing, as well as for agrochemicals in accordance with the annex to this Law. A mandatory condition for the import and use of unregistered pesticides in Ukraine for these purposes is the documentary confirmation of their state registration in the country where they are produced. Importation into the customs territory of Ukraine of unregistered pesticides and agrochemicals used for state testing and scientific research, in scientifically substantiated volumes, is carried out in accordance with the plans of state tests and scientific researches, as well as processed by the seed (planting) material, by permit executive power implementing state policy in the field of environmental protection, in accordance with the procedure established by the Cabinet of Ministers of Ukraine. The central executive body implementing state policy in the field of environmental protection shall submit to the unified state information web portal “Single Window for International Trade” in the form of an electronic document certified by electronic digital signature, permits or information on state registration of pesticides and agrochemicals on the day such permits are issued or registered are pesticides and agrochemicals. The bodies of revenue and duties shall carry out the appropriate customs formalities necessary for the release into the customs territory of Ukraine of pesticides and agrochemicals, on the basis of the List of agrochemicals authorized for import into the customs territory of Ukraine, production, trade, use and advertising without their state registration in accordance with their state registration. to this Law, as well as relevant permits or information on state registration of pesticides and agrochemicals obtained from a central executive body implementing public policy in the field of environmental protection, using the “single window” mechanism in accordance with the Customs Code of Ukraine. The use of pesticide residues and agrochemicals that have expired is carried out within two years. State testing of pesticides and agrochemicals is conducted in two stages: field and industrial. The purpose of field testing is to establish or confirm the biological efficacy of new pesticides and agrochemicals compared to those used, to develop provisional regulations for their use and an in-depth study of formulations. Agricultural products obtained as a result of field trials of pesticides and agrochemicals with the new active substance shall be disposed of in accordance with the requirements of the health and safety rules for human health and the environment. Production tests are carried out to confirm the biological effectiveness of pesticides and agrochemicals in different zones of Ukraine, to clarify and justify regulations and methods of their application, sanitary and environmental standards, to develop and modify methods for determining residual quantities of these pesticides and agrochemicals. Preparative forms of pesticides and agrochemicals are subject to state registration. A mandatory condition for state registration of pesticides and agrochemicals is the availability of appropriate documentation for their safe use, including a positive conclusion of the state sanitary-epidemiological expertise and a positive ecological and expert evaluation of the materials submitted for registration of pesticides and agrochemicals products, feed, food, soil, water, air. In the case of state registration of pesticides or agrochemicals in Ukraine, it is forbidden to use within ten years from the date of such registration the information contained in the documentation (dossier) on the safe use of these pesticides, agrochemicals, without the permission of the economic entity upon whose request the registration was made. Pesticides and agrochemicals are registered for up to ten years. The central executive body implementing state policy in the field of environmental protection may impose a complete or temporary ban on the use of pesticides and agrochemicals in case of new, previously unknown, data on their danger. In some cases, in connection with the sanitary-epidemic and environmental situation in the country (region), the central executive body implementing state policy in the field of sanitary and epidemiological well-being of the population, and the central executive authority implementing state policy environmental protection, may limit all activities with pesticides and agrochemicals until terminated. The list of pesticides and agrochemicals authorized for use, the regulations for their application and annual amendments thereto are maintained by the central executive body implementing state policy in the field of environmental protection, in the manner stipulated by the Cabinet of Ministers of Ukraine. State registration of pesticides and agrochemicals is the basis for exercising state control by introducing sanitary measures (examination, inspection and approval procedures) for the presence in food products authorized by the central executive body, which ensures the formation of state policy in the field of health care, the amount of pesticide residues agrochemicals in food products marketed in Ukraine. The batch production, purchase and operation of technical means of pesticide and agrochemical application is allowed only after their state registration. Technical pesticides and agrochemicals that have received a positive evaluation of the results of state tests are entered in the state register of pesticide and agrochemicals technical means. In case of change of design of technical means of application of pesticides and agrochemicals, it is subject to mandatory re-registration. Importation of registered pesticides and agrochemicals into the customs territory of Ukraine is permitted to the extent necessary for their own use. Environmental risk of activities related to the import into the territory of Ukraine of pesticides and agrochemicals, their transportation and use, is subject to compulsory insurance in the manner specified by the acts of the legislation of Ukraine. Each unit of pesticides and agrochemicals must be accompanied by a recommendation for its use, indicating the crops and objects for which the pesticides and agrochemicals, methods, standards and frequency of use, waiting times (for pesticides), prohibitions and restrictions on use, methods and pesticide and agrochemical disposal facilities, as well as safety measures during operation, transport and storage, emergency response and their consequences, first aid measures in case of poisoning. Packing of pesticides and agrochemicals can be carried out only with the permission of its manufacturer or the owner of the mark for goods and services. Pesticides and agrochemicals and packaging of foreign production imported into the territory of Ukraine should be accompanied by data on the technology of their disposal and disposal. Persons whose activities are related to the transportation, storage, use and trade of pesticides and agrochemicals should have a permit (certificate) for the right to work with these pesticides and agrochemicals. The procedure for obtaining such a permit shall be determined by the Cabinet of Ministers of Ukraine. Sales of pesticides and agrochemicals to the population are carried out in small packaged form and with mandatory instructions for their safe use. Economic activity in the field of storage and use of pesticides and agrochemicals is subject to compulsory insurance, the terms and procedure of which are determined by law. When applying pesticides and agrochemicals, a set of measures is carried out in accordance with the regulations established for a certain soil and climatic zone, taking into account the preliminary agrochemical examination of soils, the data of the agrochemical passport of the land plot (field) and the status of crops, diagnostics of mineral nutrition of plants and disease prognosis. Lists of pesticides and agrochemicals authorized for use in Ukraine, including for retail trade and for aviation application, are approved by the central executive body implementing state policy in the field of environmental protection, in agreement with the central executive authority, public policy in the field of sanitary and epidemic well-being of the population. On the territory that has been exposed to radioactive contamination, as well as in the zones of environmental ecological situations, the use of pesticides and agrochemicals is restricted in the manner determined by the central executive body, which ensures the formation of the state agricultural policy. In the special raw material areas intended for growing baby and diet foods, pesticides and agrochemicals are applied by special technologies that ensure the production of products that meet the hygiene requirements for baby and diet. Businesses, institutions and organizations are obliged to keep records on the availability and use of pesticides and agrochemicals and to provide information to public records authorities. The procedure for state registration of the availability and use of pesticides and agrochemicals, the amount of information and the bodies to which such information is submitted shall be determined by the Cabinet of Ministers of Ukraine. Unsuitable or banned pesticides and agrochemicals, their packaging shall be subject to seizure, disposal, disposal and disposal in accordance with the procedure established by the Cabinet of Ministers of Ukraine. Officials of the executive power, exercising state supervision and state control in the sphere of activity with pesticides and agrochemicals, within the competence stipulated by the law, have the right: to visit unimpeded enterprises, establishments and organizations irrespective of the forms of ownership, activity of which is connected with production. , transportation, storage, use and trade of pesticides and agrochemicals, other controlled objects to verify compliance with pesticide and agrochemicals legislation and selection from azkiv necessary materials for agro-chemical and other analysis and research; to cease operations with the use of pesticides and agrochemicals in the manner prescribed by law; prohibit the importation and trade in pesticides and agrochemicals that do not meet the requirements of standards and other standardization documents, and the use of water in the event of contamination with pesticide residues and agrochemicals in excess of established standards; to require the removal of pesticides and agrochemicals from persons who do not have the appropriate certification; to receive from the central executive authorities, enterprises, institutions, organizations statistics and other information necessary for exercising state control in this field; to impose administrative penalties on persons guilty of violating pesticide and agrochemicals legislation, in the manner prescribed by law. Agricultural raw materials must meet the sanitary requirements for maximum residue limits (maximum residue levels) of pesticides and agrochemicals. Non-consumable agricultural raw materials are subject to seizure, disposal and disposal in accordance with the procedure established by the Cabinet of Ministers of Ukraine. Responsible are those responsible for: concealing or misrepresenting information that could or could endanger human life and health, as well as property and the environment; non-compliance with the requirements of standards, sanitary rules and regulations and other normative documents during the production, transportation, storage of pesticides, agrochemicals and technical means of their application (except for the technical means of application of pesticides and agrochemicals, which are subject to the requirements and procedures of the technical regulation on machinery safety); contamination with pesticides and agrochemicals over acceptable levels of agricultural raw materials, feed, food, soil, water, air; violation of regulations and sanitary rules and regulations for transportation, storage, trade and application of pesticides and agrochemicals; application of pesticides, agrochemicals, equipment, which have not passed state tests, registration, re-registration; violation of the rules of disposal, destruction of agricultural raw materials and food products that do not meet the established requirements for the content of pesticides and agrochemicals; failure to comply with the legitimate requirements of state control and oversight officials; the use of deliberately adulterated pesticides and agrochemicals. The Annex to this Law establishes a List of agrochemicals authorized for import into the customs territory of Ukraine, production, trade, use and advertising without their state registration (with the indication of UKT FEA codes).
Law of Ukraine “On basic principles and requirements for food safety and quality” of December 23, 1997 No 771/97-BP establishes a ban on use in the organic production process: any unnatural or uncontrolled impact on the genome of crops and animals (including birds and insects), industrial microorganisms by use for the production of genetically modified organisms and products containing, assembling or producing from genetically modified organisms, except for the use of veterinary medicinal products included in the List of substances (ingredients, components) that are allowed to be used in the process of organic production and are allowed to be used in maximum quantities, in the cases established by this Law; synthetic substances, including agrochemicals, pesticides, antibiotics for preventive purposes, hormonal preparations, growth promoters and animal feed (including birds and insects); methods of electrical or other stimulation for causing animal pain, the use of tranquilizers; ionizing radiation; hydroponic methods; the use of artificially derived polyploid animals and plants; substances and technological production methods, the results of which may mislead the consumer as to the nature (origin) of the product; growth promoters, hormones or similar substances, except for the use of substances listed in the List of Substances (Ingredients, Components) that may be used in the organic production process and which are permitted to be used in maximum quantities, in cases established by this Law.
Law of Ukraine “On state control of compliance with food, feed, animal by-products, animal health and welfare” of May 18, 2017 No 2042-VIII provides that state monitoring is carried out to: identify priority areas of public policy in the areas of food and feed, animal health and welfare; developing measures to prevent the circulation of dangerous food and feed; determination of the general level of contamination of food and feed by pesticide residues and veterinary preparations, other contaminants. State monitoring involves the collection, systematic analysis and evaluation of information on food and feed safety, animal health and welfare, including the identification of residues of veterinary drugs, pesticides and contaminants in food and feed, and the establishment of appropriate databases. Inspection may include inspection of facilities, surrounding area, premises, equipment and supplies, vehicles, as well as food and feed; raw materials, ingredients, processing aids used for the preparation and production of food and feed, semi-finished products; articles and materials in contact with food; cleaning and care facilities and processes, as well as pesticides; marking, appearance and advertising. In order to ensure the effectiveness of State control measures in the exporting country, the competent authority of Ukraine has the right to request from the exporting country, prior to the implementation of such measures, information, in particular, on the control, production and quarantine treatment procedures, the permissible pesticide level and the registration procedure for food / feed additives.
Law of Ukraine “On fauna” of December 13, 2001 No 2894-III stipulates that the application of pesticides and agrochemicals must take into account the requirements of this Law, plant protection legislation, other regulations on the protection of wildlife and the habitat of animals. Businesses, institutions, organizations and citizens are required to take measures to prevent disease and death of animals during storage, transportation and use of pesticides and agrochemicals. In order to prevent the death of animals and deteriorate their habitat, the regional state administrations, Kyiv and Sevastopol city state administrations in agreement with the central executive body implementing state agricultural policy and the central executive body implementing state environmental policy in the sphere of environmental protection on the territory of the Autonomous Republic of Crimea – the executive body of the Autonomous Republic of Crimea on environmental protection in agreement with the central rhanom executive that implements the state agricultural policy may specify particular areas where restricted or prohibited the use of pesticides and agrochemicals.
Law of Ukraine “On state control of land use and protection” of June 19, 2003 No 963-IV defines soil pollution as accumulation in soil and groundwater due to anthropogenic effects of pesticides and agrochemicals, heavy metals, radionuclides and other substances whose contents exceed the natural background, which leads to their quantitative or qualitative changes. The powers of the central body of executive power implementing the state policy in the field of land relations in monitoring the fertility of soils on agricultural lands include, in particular, ensuring the balance of needs and the receipt of pesticides and agrochemicals in Ukraine, and the coordination of technical issues.
The list of pesticides banned for use in agriculture, which cannot be registered or re-registered in Ukraine, approved by the Chairman of the UkrChCHC on August 05, 1997, in agreement with the Deputy Minister of Security environment and nuclear safety, contains a list of such prohibited pesticides, indicating the name of the preparation, the name of the active substance or the chemical name, the reasons for the decision.
Hygiene standards and regulations for the safe use of pesticides and agrochemicals, approved by the Order of the Ministry of Health of Ukraine of February 02, 2016 No 55, establish maximum permissible levels of preparations (with indication of active substance) in food products, permissible daily dose, maximum permissible concentration in air, water, regulations of safe use.
“State Sanitary Rules and Hygiene Standards. 8. Hygiene and Toxicology of Pesticides, Polymeric and Synthetic Materials. 8.1. Pesticides and Agrochemicals. Hygienic Classification of Pesticides by Hazard, approved by the Resolution of the First Deputy Chief State Sanitary Doctor of Ukraine of August 28, 1998 No 2, introduce classification of pesticides into four hazard classes: I – extremely dangerous, II – dangerous, III – moderately dangerous, IV – unsafe. The hazard class is established depending on the indicators in the table: average lethal dose when introduced into the stomach (separately for solid and liquid forms of drugs), average lethal dose when applied to the skin, the coefficient of possible inhalation poisoning, irritant effects, allergenicity, mutagenicity, mutagenicity , water stability, soil stability, migration rates, and other criteria listed in the table. These State Sanitary Rules and Hygiene Standards also provide guidance on the use of pesticide products of different hazard classes, the definition of key terms, and the interpretation of each hazard criterion separately.
State sanitary rules “Transportation, storage and use of pesticides in the national economy” (ДCанПіН 8.8.1.2.001-98), approved by the Resolution of the Chief State Sanitary Doctor of Ukraine of August 3, 1998 No 1, apply to enterprises, institutions and organizations, private farms and persons whose activities are related to pesticides. The territory of Ukraine is allowed to transport, store and use only registered pesticide preparations registered by the UkrChemCommission, except for the cases specified in the Procedure for granting the import of unregistered pesticides and agrochemicals used for state tests and scientific tests on the customs territory of Ukraine, as well as processed seed (planting) material (approved by the Resolution of the Cabinet of Ministers of Ukraine of March 4, 1996 No 288). State tests of pesticides not registered in the country shall be conducted in accordance with the Procedure of conducting of state tests, state registration and re-registration, publication of lists of pesticides and agrochemicals authorized for use in Ukraine (approved by the Resolution of the Cabinet of Ministers of Ukraine of March 04, 1996 No 295). Each year, prior to pesticide work, plans for their use by various enterprises, institutions and organizations, drawn up taking into account the species composition and prevalence of harmful insects, diseases of agricultural plants, animals and birds, weeds, must be approved by the sanitary and epidemiological service. The use of pesticides in certain sectors of the economy, in collective and individual gardens and backyards, in health care and everyday life, and their sale to the population should be made only in accordance with the List of pesticides and agrochemicals authorized for use in Ukraine, and additions thereto. These documents defining scientifically sound regulations of application (cost standards, frequency of treatments, restrictions on the method, the period of treatment, the terms of last treatment before harvesting) must be agreed by the Ministry of Health and are compulsory to comply with the territory of the country. Pesticides of high risk are applied only with the special permission of the Ministry of Health and the Ministry of Ecology and Natural Resources, their list is determined by the Cabinet of Ministers of Ukraine. Agricultural raw materials for the production of baby and diet foods are produced in special raw material areas. Their legal regime and procedure for granting status is determined by the Procedure for granting the status of a special zone for the production of raw materials used for the manufacture of baby and diet foods (approved by the Resolution of the Cabinet of Ministers of Ukraine of June 26, 1996 No 679). The use of pesticides in special raw material areas is prohibited.
The order of carrying out state tests, state registration and re-registration, the issue of lists of pesticides and agrochemicals authorized for use in Ukraine, approved by the Resolution of the Cabinet of Ministers of Ukraine of March 04, 1996 No 295, establishes that state tests of the preparations are conducted in research institutions and organizations accredited by the Ministry of Ecology and Natural Resources of Ukraine, with toxicological-hygienic (medical-biological) research – according to approved methods in establishments determined by the Ministry of Health of Ukraine. State trials of preparations with the new active substance are conducted for two complete growing seasons. Investigations of new preparations that have not been included in the state test plan but have been conducted by the research institutions, enterprises and organizations referred to in article 2 shall be the beginning of the state trials (subject to the positive findings of those research institutions, enterprises and organizations). If a preparation submitted for state testing contains an active substance that is part of an already registered preparation for the same purpose and for the same crop group, the state testing period may be reduced to one full growing season. For nitrogen fertilizers containing the active substance that is part of an already registered preparation for the same purpose and for the same crop group, state tests may be replaced by review reports from institutions included in the state preparation test network and documentation provided by the applicant for the preparation and the active substance. State trials of preparations for closed soil, fumigation of storage facilities and grain reserves, control of murine rodents and domestic insects are conducted for up to one year. Institutions that are part of the state preparations testing network develop maximum allowable levels (MDRs) in feeds, maximum permissible levels (MPCs) or indicative permissible levels (ODRs) in fisheries water bodies, and MPCs in bee feeds, as appropriate. In order to include the preparation in the state testing plan, the entity submits a package of documents to the Ministry of Ecology and Natural Resources of Ukraine in accordance with article 9 of this Procedure. Applications for the inclusion of drugs in the state testing plan for the current year are accepted by the Ministry of Environment until March 25 this year. Requests for the inclusion of nitrogen fertilizers in the state testing plan for the current year are accepted by the Ministry of Environment during the year. According to the state test plan, research plans and contracts concluded by the applicant and the contractor, the Ministry of Nature grants authorizations for the import of experimental batches of preparations, which specify their scientifically substantiated volumes. The Ministry of Nature grants permits for import of experimental batches of preparations within ten days after the submission of the said documents by the applicant. The state registration is subject to preparative forms of pesticides and agrochemicals of domestic and foreign production, for which the regulations of application, including hygienic standards and methods of control over their observance, have been developed. State registration of preparations made in the territory of Ukraine is carried out after the registration of the active substance in the Committee for Hygiene Regulation of the Ministry of Health of Ukraine. The list of documents and materials for state registration of the preparation is established by paragraph 20 of this Order. After state registration, the preparation is entered into the State Register of Pesticides and Agrochemicals with the issuance of the registration certificate to the applicant. If the proprietor of a permanent registration wants to register the product under other trade names, he must provide a guarantee letter regarding the identity of the composition and quality of the active substance and the corresponding registration application. This preparation does not require state testing and additional expertise. The applicant of the preparation is obliged to inform the Ministry of Ecology and Natural Resources of Ukraine of any changes in the composition of the preparation and the appearance of new data on its danger.
Sampling methods for determination of maximum permissible levels of pesticide residues in products of plant and animal origin for the purposes of state control, approved by the Order of the Ministry of Agrarian Policy and Food of Ukraine of June 28, 2018 No 289, establish procedures by which samples of animal and vegetable products are selected for laboratory tests (tests) on pesticide content. Products that meet the maximum levels of pesticides are toxicologically safe. During sampling, measures should be taken to avoid any influence on: the content of the maximum permissible levels of pesticide residues in food products of plant and animal origin and the results of laboratory tests (tests); the representativeness of the aggregate sample; food safety of the parties from which the samples are taken.
Compulsory minimum list of studies of raw materials, products of animal and vegetable origin, compound feeds, compound feeds, vitamins, etc., which should be carried out in state laboratories of veterinary medicine and according to the results of which is issued a veterinary certificate (f-2), approved by the Order of the State of veterinary medicine of the Ministry of Agrarian Policy of Ukraine of November 16, 1998 No 16, contains permissible levels of toxic elements, pesticides, radionuclides in different product groups.
Detailed rules for the production of organic products (raw materials) of plant origin, approved by the Resolution of the Cabinet of Ministers of Ukraine of August 31, 2016 No 587, establish that the basis of production of organic products is the exclusion from the technological process of its production the use of chemical fertilizers, pesticides, genetically modified organisms and their derivatives and products made from genetically modified organisms, preservatives.
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