It is not a new issue that pesticides are massively used in fruits and vegetables and as a consequence it has been adversely affecting the human health.
Various organizations, which have long been working in the field of consumers’ health, doctors and other stakeholders have been continuously raising their voice against the massive use of pesticides. Many studies have shown that there was massive use of pesticides in the fruits and vegetables imported from India.
Nepal on July 3 had decided not to quarantine and conduct pesticide residue tests on fruits and vegetables imported from India after the Indian government piled pressure on the Nepal government to revoke the compulsory testing of pesticide residue on fruits and vegetables.
Later, the government’s decision drew criticisms from all quarters. The Supreme Court on Wednesday, however, issued a stay order against the government move to revoke the testing of pesticide residues on fruits and vegetables.
People have been forced to eat fruits and vegetables laced with pesticides for a long time due to the sheer negligence of the government authorities.
This is not the first time that this issue has been discussed publicly. This issue, however, has drawn the attention of people after the government decision not to test the pesticide residue on fruits and vegetables.
Earlier in 2017, a joint bench of Justices Purushottam Bhandari and Bam Kumar Shrestha had said that the use of chemical fertilizer is against the human health and issued a mandamus order to construct necessary infrastructure for the testing pesticide residue on the fruits and vegetables imported from India.
Stating that the use of pesticides has been damaging the fertile land and adversely affecting the human health, the Supreme Court had issued an order to form a team to monitor the use of pesticides and urge the concerned authority to involve in treating the soil.
The court had also issued an order to the concerned authority to deploy experts to test the fruits and vegetables before they were sent to the market.
The court had also directed to increase the use of organic fertilizer instead of chemical fertilizer in the arable land, increase the discount percentage provided in organic fertilizer and decrease the import of chemical fertilizer among other things. The court issued all the orders as per Section 7, 8 (1) (b), 9, 15 of Pesticide Act 1991 to minimize the use of agricultural products laced with chemical fertilizer.
What is in the law?
Section 7 of Pesticide Act 1991 states that the Nepal government can form a pesticide registration agency by issuing a notice on Nepal gazette to carry out the work related to pesticide registration. The issue pertaining to the construction of infrastructure for a prudential use of pesticides has been mentioned in Section 8 (1).
Section 9 states that any organization, agency or people who want to import or export the fertilizer should compulsorily take certificate by paying the fixed charge mentioned in the agency formed as per Section 7.
According to Section 15, those who violate Section 9 will be fined Rs 2,000 and their fertilizer will also be confiscated.
Import Law
By using the authority granted by Nepal Government Export and Import (Control) Act, 2013 section 3, the Ministry of Commerce and Supplies had published a notice on Nepal Gazette on June 17, 2019. The notice mentioned that quarantine test and examination of pesticide residue must be done at the respective customs point while exporting fruits and vegetables. The notice also mentioned that the consumable items the must have at least 75 percent of duration before the expiry date until the time they arrive at the customs point while exporting them. The notice also imposed a complete ban on the exports of energy drinks.
Nepali consumers were assured that the aforementioned rules on the compulsory test of pesticide residue on fruits and vegetables and the 75 percent duration before the expiry date for consumer goods, and the complete ban on the harmful items would contribute for the protection of Nepali consumers’ health.
Similarly, there are 14 quarantine offices across the country. These centers and offices examine two parameters and 29 parameters are examined in central laboratory. The government has been expressing its commitment to construct international level laboratory to examine the remains of all kinds of pesticides.
Stakeholders opined that it is the responsibility of the government to construct well-equipped laboratories with the help of offices, centers and laboratories to examine the remains of pesticides.
Contamination free service is constitutional rights
Article 44 of the constitution of Nepal has guaranteed consumers’ rights to quality items and services, Article 35 has ensured people’s rights to good health, Article 30 has guaranteed rights to clean environment and Article 16 ensured rights to live a healthy life.
United Nations Guidelines for Consumer Protection (UNGCP) 1985 has ensured the rights to consumers’ life, rights to clean environment and right to information and education, among others.
United Nations Federal Directorate 2011 related to trade and human rights states that the government should take the responsibility to protect the rights of consumers and trade associations should also be responsible over the human rights.
What is the decision of Ministry of Agriculture?
Ministry of Agriculture and Livestock Development had made the following decisions on July 2:
1. The Department of Food Technology and Quality Control (DFTQC) has the only international level recognized laboratory that issue certificate of pesticide residue tests of vegetables and fruits at the central level. As there is no laboratory at all the customs points and near the customs offices in Nepal, the Ministry of Industry, Commerce and Supplies had been asked to coordinate with the concerned countries producing fruits and vegetables to make recommendations based on their standard and certificate issued from the respective country’s registered laboratory while exporting the goods to Nepal until Nepal establishes and operates such laboratories.
2. The Ministry of Agriculture has decided to submit a proposal along with the details at the Ministry of Finance within two days demanding the budget for the construction of international level laboratory and also decided to urge the concerned customs offices to provide space for the establishment of laboratory.
3. The Rapid bioassay of pesticide residue (RBPP) labs in Birtamode, Biratnagar, Nawalpur of Sarlahi, Butwal, Pokhara, Attariya of Kailali, Nepalgunj and Kalimati will test the remains of pesticides received from the customs for now. The Ministry will urge the Ministry of Trade, Commerce and Supplies to make necessary arrangements to send the pesticides to the laboratory in Kathmandu under the Department of Food and Technology if the quantity of pesticide is found beyond permissible limit.
4. The Ministry of Agriculture and Livestock Development will carry out necessary works to deploy human resources for the establishment of international level laboratory at the eight customs point in Nepal.
Where can we find the laboratories?
There are 25 laboratories in various cities of Nepal including Kathmandu to test the pesticides residue. Rapid bioassay of pesticide residue (RBPP) labs have been established in Birtamode of Jhapa, Biratnagar of Morang, Nawalpur of Sarlahi, Butwan of Rupandehi, Pokhara of Kaski, Nepalgunj of Banke, Attariya of Kailali and Kalimati of Kathmandu to test the pesticide residue in vegetables and fruits. Similarly, plant quarantines have been established in Tribhuvan International Airport, Kakadbhitta, Biratnagar, Bhentabari (Sunsari), Jaleshwor, Malangawa, Birgunj, Tatopani, Timure, Bhairahawa, Krishnanagar, Nepalgunj, Gaindachauki (Kanchanpur), Lomanthang (Mustang) and Jhulagha (Baitadi).
There is a Central Agricultural Laboratory in Lalitpur. The laboratory tests two types of pesticides—Carbonate and Organophosphate pesticides. The internationally recognized laboratory under the Department of Food Technology and Quality Control at Babarmahal, Kathmandu tests 29 types of pesticides. But the laboratory established in Butwal has not come into operation due to lack of staffers.
