Definitions of Key Terms
- Includes terms such as BPI (National Plant Protection Organization), Certified Pesticide Applicator (CPA), Certificate Authorizing Import of Pesticide (CAIP), and others.
- Defines MB as an ozone-depleting, broad-spectrum pesticide registered for space fumigation.
- Clarifies quarantine and pre-shipment (QPS) applications as exempt from phase-out, contrasting with Non-QPS applications phased out by 2009.
- Defines entities such as Pest Control Operator (PCO), Plant Quarantine Service (PQS), Quarantine Treatment Provider (QTP), and specifies Wood Packaging Materials (WPM).
- Explains the concept of Ozone Depleting Potential (ODP) with MB having an ODP of 0.6 relative to CFCs.
Scope of Coverage
- Applies to all MB handlers: importers, distributors, fumigators (PCOs), in-house certified pesticide applicators, exporters, commodity importers, and relevant national authorities.
Logbook Monitoring System
- MB importers, distributors, and applicators must maintain two types of logbooks issued by FPA: Distribution Logbook and Application Logbook.
- Entities involved in both distribution and application must maintain both logbooks.
- Sales and uses of MB are recorded respectively in these logbooks.
- BPI maintains an Application Logbook per PCO and quarantine station.
- BPI quarantine inspectors document on-site observations during MB fumigation in their logbooks.
Required Logbook Entries
- Entries must include:
- Date of transaction (sale or fumigation)
- Buyer or customer name
- Quantity of MB cans sold or used
- Confirmation of entry
- FPA will provide guidelines specifying the details of entries.
Verification and Confirmation of Logbook Entries
- Distribution Logbook entries require verification by the buyer's authorized representative's name and signature.
- Application Logbook entries must include the name of the BPI quarantine inspector present and be verified against BPI-maintained records.
Monitoring, Reporting, and Compliance
- Importation of MB requires submission of relevant logbook pages along with CAIP application.
- Applications for MB purchase permits must also include pertinent logbook copies.
- FPA may require periodic certified submission of logbook excerpts from importers, distributors, and applicators.
- Noncompliance may result in sanctions imposed by FPA.
- FPA and BPI-PQS officials have the right to inspect logbooks on site and request certified copies.
Fees and Charges
- FPA shall set reasonable fees for logbook verification and stamping processes.
Penalties for Violations
- Penalties for infractions of this Order will be prescribed by FPA within the limits of its regulatory authority.
Continuity and Modification of Existing Rules
- Existing rules and regulations consistent with this Order remain effective.
- Any inconsistent administrative orders, rules, or regulations are repealed or modified accordingly.
Separability Clause
- If any provision is declared invalid or unconstitutional, the remaining provisions shall remain in full force and effect.
Effectivity
- The Administrative Order takes effect 15 days after its publication in two newspapers of general circulation and upon filing with the National Administrative Register at the U.P. Law Center.