Malaysia

by Md Sufian Yek Bin Md Juni Yek

Introduction

The Pesticides Act of 1974, the principle legislation for the control of pesticides in Malaysia, is implemented by the Pesticides Board which comprises various heads of government agencies, and is under the jurisdiction of the Department of Agriculture. Simultaneously, the role in the implementation of the Code of Conduct on the Distribution and Use of Pesticides too lies under the responsibility of the Department of Agriculture.

There are presently seven subsidiary legislations being enforced in the area such as registration, importation for research and education purposes, labelling, licensing for sale and storage for sale, highly toxic pesticides, advertisement, and pest control operators.

Some of the significant amendments recently made to the Pesticides Act 1974 include the imposing of heavier penalties for all offences, the control of the importation of pesticides as a registration sample or an analytical standards, the control of possession or use of unregistered pesticides and unapproved use of pesticides, the mandatory requirement impose onto the pesticide offender to pay for the pesticide disposal charges and so on.

Among the other laws enacted to control other specific aspects of pesticides are:

1. The Hydrogen Cyanide (Fumigation) Act 1953 which controls the fumigation of premises including ships using either hydrogen cyanide or methyl bromide.
   
   
2. The Environmental Quality Act 1974 has the primary objective of controlling the discharge of waste including pesticide from factories into the environment in such volume, composition or manner so as not to cause adverse effects on human health and the environment.
   
   
3. The Food Act 1983 of which Schedule 16 of its Food Regulations 1985 prescribe the maximum residue levels of pesticides in food.
   
   
4. The Occupational Safety and Health Act 1994 provides the legislative framework to promote, stimulate and encourage high standards of safety and health of workers at work.

A. Pest and pesticide management

In Malaysia, the National IPM committee is established to oversee the development and implementation of IPM on various crops. The Chairman of the National Committee is the Secretary-General of the Ministry of Agriculture and Agro-based Industry while Department of Agriculture is the secretariat to the National Committee. The other members of the Committee comprise other related agencies in Malaysia.

The concept of IPM was first introduced into Malaysia in the 1960s. With surging problem of pest resistance and resurgence in the seventies, the government began to embark more on IPM as a pest control tool. The implementation of IPM principles and the practices in Malaysia was a gradual yet continual process. Notably, IPM was first implemented in rubber (Rao, 1969), cocoa (Wood 1971; Conway, 1971), oil palm (wood 1971), rice (Lim, 1970; Jusoh et al., 1980, and coconut (Ho et al., 1971; Ooi et al., 1975).

The promotion of IPM generally falls on the shoulders of governmental agencies like DOA and Malaysian Agricultural Research Development Institute, particularly for non-plantation crops. However, private research and development set-ups belonging to major plantation agencies are usually involved in IPM of major pests of plantation crops.

IPM programs on rice and Plutella were the forerunners of Malaysian IPM endeavours and the program on rice is actively implemented through the modified Training and Visit system. But IPM programs on Plutella have slowed down due to poor cooperation from farmers. In 1999, commodity based IPM committee was initiated to expand the utilization of IPM in fruit production especially carambola for export. Currently pest control in oil palm, coconut, and cocoa, is viewed in a much broader sense and the emphasis is on integrated pest control approaches. Nevertheless, there are regular interactions between both government and private agencies to promote IPM throughout the country for many crops.

To date, the IPM approach has created some measurable impacts in various crops in Malaysia. Some of the other significant development includes:

Rice IPM

DOA encourages the use of bio-control of pests by means of predators, which help to reduce the number of pests at a manageable level without the need for pesticides. An example of is the use of barn owls (Tyto alba (Scopoli)) as a primary component in the control of rodent pests especially in rice. Other alternatives include duck rearing in paddy fields to control weedy rice and weeds, and fish culture in rice fields to increase farmers' income.

Vegetable IPM

• The IPM technology for DBM is dynamic as it is undergoing modification and improvement with the new research findings continually made available. Others to control chilli virus on chillies is being developed and extensive field evaluation is being conducted.

• Vegetables farmers are using of 'yellow flood light' to control lepidopteran pests which have an influence on the growth of plant and insect population in some vegetables. Farmers in these areas are able to produce healthy crops by using only class 3 or class 4 pesticides, which has a short pre-harvest-interval.

• The use of sex pheromones to detect and control pests such as Plutella xylostella, Spodoptera litura and Spodotera exigua.

• Greenhouse planting/aerophonic system or fertigation - these technologies of planting crops without the soil are being practiced and have expanded with the intention to reduce the pesticides usage. In addition, sex pheromones and sticky traps are widely used to reduce pest populations within the greenhouse environment.

Fruit IPM

Communal based mass trapping is being undertaken to reduce in-field fruit fly population within the fruit orchards. Continuous mass trapping helps to reduce the endemic population provided other cultural control methods are carried out effectively.

Policy development

Policy development in the country also indirectly contribute to the reduction in the use of pesticides such as the discontinuity of pesticide subsidies in paddy areas, development of IPM/ICM programmes for new crops, introduction of organic farming for production food crops, certification of farms with GAP, zero burning policy during replanting of major crops, and the pesticide risk reduction program by the Pesticides Board.

The major drawback of IPM is that general recommendations are not feasible for varied environmental conditions even within a single crop. The use of IPM alone may not be sufficient, but a more holistic approach which takes into consideration of good crop management and cultural practices such as crop rotation, use of resistant varieties, accurate matching of fertilizers inputs to crop requirements and where possible, use of biological control, may be the long term solution to the problems faced by the agricultural sector. Some of the plans of action to improve the situation are:

• Development of more crop-based IPM packages should be encouraged and should cover all non-chemical methods of pest control;

• A national centre for coordinating all IPM activities, developments and setting of national targets should be set up.

B. Testing, quality control and effects in the field

Concerns on quality of pesticides offered for sale, and improvement efforts

The quality of pesticides offered for sale are strictly controlled from the onset of registration of a pesticide to ensure that only those that meet the safe and effective specifications are allowed for use in the country. There is, however, still cause for concern due to the availability of adulterated and imitation pesticide products in the market. These pesticides are usually inferior in quality and pose greater hazard to human health and environment. Some of the following plans of actions to improve this situation are:

• To enhance and intensifying investigation;

• Awareness and education of the farmers/users;

• Industry to take appropriate steps by upgrading security features and monitoring their sales activities more closely;

• Collaborative efforts with the Custom at the point of entry to prevent smuggling.

Pesticides specifications compliance

Pesticides submitted for registration must conform to FAO/WHO specifications. Other specification like Malaysian Standards or even the registrant own specification can be accepted in the absence of FAO/WHO specifications. The conformation also applies to the contents and levels of impurities of the pesticide.

Efforts made to control and enforce pesticide quality standards

Several efforts have been made to ensure pesticide quality standards are properly controlled with the following actions being put into place:

• Legislation makes it mandatory for the cancellation of pesticides of inferior quality;

• The registrant is required to submit 5-batches analysis report and profiles of impurities with sample of chromatograms (for technical material only) at re-registration;

• Intensifying investigation and collect more market samples for monitoring purposes;

• Controlling the source of technical active ingredient.

Laboratories facilities for monitoring pesticide quality

A formulation laboratory in the Department of Agriculture has been set up since some thirty years ago to check or monitor pesticide quality submitted for registration. The laboratory is capable of analysing the majority of active ingredients registered in Malaysia.

Effort made to monitor pesticide use in the field

Little collaboration exists between the government and the industry to monitor pesticide use in the field. As far as Malaysia is concerned, there have been no adjustments to the interval period from last spray harvest.

C. Health and environmental information

Effort made to monitor the effects of pesticides on human health and environment

Few studies to monitor the effects of pesticides on human health have been undertaken by universities in the country. The Ministry of Health, through the Food Act 1983 under the Food Regulations 1985 stipulates the maximum residue limits of food, while the Department of Environment monitors the effects of pesticides in the environment. Some local universities and research institution are also conducting studies on the effects of pesticides in the environment.

Occupational poisoning cases among farmers and industrial workers

There are in fact some surveys on occupational poisoning cases among farmers and industrial workers carried out by the universities, but there is no cause for alarm because there is legislation to minimize the occurrence of poisoning at work. The main Act that control worker safety and health is the Occupational Safety and Health Act 1974 and the rules and regulations prescribed under the Act thereafter, and to a lesser extent, the Pesticides (Highly Toxic Pesticides) Regulation, 1996 which control only the use of certain highly toxic pesticides such as methamidophos and monocrotophos only.

In 2004, Ministry of Health only recorded 53 occupational poisoning cases while compared to 114 cases reported in 2003.

Under the pesticide extension programme undertaken by DOA, farmers are trained and educated on the safe use of pesticides. There are stewardship program carried out by individual pesticide companies with the aim of disseminating information on safe use of pesticides to farmers.

Environmental contamination and specific incidents

The Environmental Quality Act 1985 controls the discharge of toxic waste or effluents including pesticides from factories into the environment and is regulated by the Department of Environment. The Department of Agriculture also carries out monitoring of pesticide residues in surface and ground water as part of the post registration monitoring activities. Analysis results show that pesticides detected are well within the allowable values.

D. Trends in pesticide manufacture, use and trade

Data on pesticides imported, exported, manufactured, formulated and sold

Malaysia has a mechanism of monitoring the import of pesticides into the country by means of e-permit using the Dagang net. In the year 2004, statistic reveals that 51 065.51 metric ton was imported, and some 45 193.79 metric ton were brought into the country in 2003.

The Malaysian Crop Life & Public Health Association (MCPA), which represents the pesticide industry in Malaysia in their Annual Report 2004, reported that the total Malaysian agrochemical market in 2004 was RM 323 million ($85 million) and the use of pesticides grew by 3.5 percent in 2004 over the previous year 2003.

According to the Department of Statistic, Malaysia, the total export value of herbicides was RM 120 million in 2001, insecticides RM 22.6 million, and fungicide RM 30 million.

The data collected by both the government and the pesticide industry may not be comprehensive and representative in the sense that there is still a lot to be done especially in view of the fact that not all the relevant provisions like pesticides export and pesticides manufacturing under legislative control have so far been implemented.

Illegal trade in pesticides

It is undeniable that there are cases of illegal trade in pesticide recorded but it is not significant and does not pose a serious problem in Malaysia. With the introduction of the amended penalties, it is hoped that any would be offender would be deterred from indulging in the illegal trade of pesticides. Moreover the government and pesticide industry are working hand-in hand in combating the illegal pesticide trade in the country by means of various strategies drawn up under the multimedia and enforcement campaign.

E. Selected standards

Government and industry effort to reduce risks associated with pesticides

Malaysian has a comprehensive pesticide risk reduction program implemented by various parties using diverse approaches mainly based on the experience of other countries. Pesticide risk reduction has been actively on the Pesticide Board's agenda for substantial number of years. These are administered by various means such as legislation, administration as well as cooperative efforts between agencies and other related parties. The activities that have taken shape:

• Banning of persistent pesticides

• Register pesticides with safer formulations.

• Restriction on quantities that are allowed to be stored in licensed premises

• Prohibition of sale of Class Ia and Ib pesticides in sundry shops

• Restriction on the sale of monocrotophos, methamidophos and acephate

• Review of registration status

• Improvement of information on labels and its presentation

• Improvement in pesticide application technology to ensure that pesticides are applied efficiently

• Education and training on the safe handling of pesticides

• Implementation and promotion of Integrated Pest Management (IPM)

• Monitoring of pesticide residue through market sampling

There is however no training program/projects focusing on risk reduction.

Severely toxic pesticides

Under the Pesticides Act 1974, it is provided that the Pesticides Board may order the cancellation of the registration of a pesticide if the Board considers it undesirable that the pesticide should continue to remain registered owing to its toxicity or inefficacy. The recent concluded decision by the Pesticides Board is the phasing out of endosulfan effective 15 August 2005 under the pesticide risk reduction programme due to its extreme toxicity to fish and other aquatic life. All the nine pesticides (viz. aldrin, dieldrin, DDT, endrin, chlordane, hexachlorobenzene, mirex, toxaphere and heptachlor) currently listed as POPs are no longer used in Malaysia. Other pesticides such as Folpet, Sodium PCP, Captafol, Parathion-methyl, azinphos-ethyl and benomyl have also been deregistered.

Pesticide disposal

Disposal of pesticides has not ben a significant problem in Malaysia. There is a plant in the country that deals exclusively with toxic wastes disposal and it is an offence to discharge any toxic waste into the environment.

At present, pesticide labels provide guidelines for burying empty pesticide containers as a means of disposal. It is on the agenda that more detailed information such as providing guidelines on the proper method for burying such containers, probably on the minimum acceptable depth of the hole or triple rinsing/crushing of the containers before burying or for recycle for the purpose of turning into pellet should be included.

However, Malaysia has started with a pilot project to recycle pesticide containers in April 2003 in a vegetable growing area involving issuing of discount voucher. Priority is given to the High Density Poly Ethylene (HDPE) containers, which have been used in abundance in this region, and rinsed following the triple rinsing method. This project is proven to be quite successful. With that, the recycle programme of pesticide containers was subsequently implemented in 2005 and extended to other vegetables growing areas and crops such as oil palm through the pesticide extension system.

It is also our priority to educate farmers or users to use only pesticide in the amount sufficient for the purpose, not only to save cost and also to prevent any excess of pesticides being released into the environment that could give rise to unnecessary containment in the living surrounding.

Outdated or obsolete pesticides

There is not any significant amount of outdated or obsolete pesticides that pose problem in Malaysia. The remaining stocks of previously registered POPs pesticides as of the end of 1999 mainly DDT, were legally disposed off as scheduled wastes and Malaysia is free from POPs pesticides, i.e. aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, mirex, toxaphere and hexachlorobenzene, and thereby conforms to the requirements of the Stockholm Convention.

National legislation and enforcement

Pesticides (Registration) rules 1976 were the first rule made under the Act to control registration of pesticides. The objective of registration is to ensure that pesticides imported, manufactured, possessed, sold and used are of good quality, effective for their intended use, and do not cause detrimental effects on human beings, animals, plants, fruits or property.

Under the registration requirements, applicant are required to submit the technical data and information on the pesticide product (technical active ingredient or/and formulation) which are adapted from that specified by the Food and Agricultural Organization (FAO) of the United Nations and also the Malaysian Standards. These include the identity, physical and chemical Properties, the method of analysis, the impact on human and animal (mammalian toxicological data), residue, fate and behaviour in the Environment, the effects on non-target species, and the efficacy data and information.

Along side with the registration process, pesticide label is also being evaluated in accordance to the regulations prescribed under the Pesticides (Labelling) Regulations 1984. Upon fulfilling all the requirements set forth under the registration and labelling requirements, the pesticide will be approved and given the registration number i.e. LRMP/R1/xxxx.

Licensing system for pesticides stores and storage

The Pesticides (Licensing for Sale and Store for Sale) Rules 1988 provide for the issuance of licences to premises involved in the sale and storage for sale of pesticides. Each type of licence is governed by a set of guidelines specific to the type of licence granted for. One of the recently implemented prerequisite for the application of licence is the requirement for all pesticide dealers or sellers to attend the basic sale and storage for sale pesticide course organized by the Pesticides Board. The objectives of this course are to impart knowledge and increase the competency of licence holder on the basic aspect of pesticide management, create awareness and sense of responsibility with regards to the effect of the use of pesticide on human beings, animals, plants, fruits or property, and to assist the licence holder in disseminating correct information related to pesticides to their clients.

Conclusions and comments

Areas of the code that are particularly important in the country

The manufacturing of pesticide has in fact been on the Pesticides Board's top priority agenda. It is anticipated that the new legislation will be implemented in the near future. With the enforcement of this regulation in place, a more comprehensive way of obtaining data or statistic related to quantities of pesticide manufactured, sales and exported can be monitored and controlled. More importantly, the quality of pesticides manufactured and offered for sale can also be monitored.

Problems relating to pesticides that need attention

Some of the important issues that need immediate attention are:

• Adulteration and smuggling of pesticides

• Unapproved use of pesticide or misuse that lead to excessive pesticide residue

• Quality control of pesticide

• Monitoring of pesticides poisoning

Strength and weakness of the present pesticide management system

Strength

• The strong commitment of the government in supporting the regulatory authority

• Availability of the FAO Code of Conduct on the distribution and use of pesticides as guidelines

• Increasing stringent regulatory requirements

• Existence of legal and institutional framework to control and manage pesticides

Weakness

• Political and social challenges

• Lack of resources e.g. expertise, financial and personnel

Major bottlenecks to ensure sound pesticide management

• Environmental (contaminants) and consumer concerns (food safety)

• Pressure from the pesticide Industry for the alleged over-regulation of pesticides

Priority areas for strengthening pesticides management

Major stakeholders include the regulatory authority, industry (pesticide sellers), research institution and user have important roles to play in accelerating the strengthening of pesticides management:

Role of regulatory authority

Legislative control of pesticides will continue to play an important role on the future management of risks of pesticides. Other non-legislative measures, which serve to complement the legislative means, are also important such as developing monitoring system to monitor residues in crops, soil and water; and air.

Role of industry

• Introduce less toxic active ingredient to the market

• Develop safer product such as less hazardous formulation to reduce exposure to workers

• Invest in the stewardship program in ensuring the user awareness of the danger posed by pesticides and pesticides are used effectively and judiciously

• Pesticide sellers to sell only registered product and complies to regulatory system

Role of research institutions

• Conduct more research on PAT to increase efficiency and reduce wastage

• Evaluate suitable materials for protective clothing under hot and humid conditions

• Generate data on Maximum Residue Limits (MRLs) for minor crops.

• Develop more IPM packages

• Test and certify spray equipments

• Develop alternative cultural practices which use less or no pesticide

Role of user

• Use only registered pesticides and consistent with label recommendation

• Adopt IPM strategy and use pesticide when necessary only

• Dispose use containers properly

• Certification of farms with GAP

QUESTIONNAIRE SUMMARY

Malaysia

Selected Country Statistics:

GDP = Gross Domestic Product; GNI = Gross National Income; Hunger = Population below minimum energy requirement; FAOSTAT = latest data entry between 1998 and 2002

Institutional Profile

Industry Associations: Malaysian Crop Care & Public Health Association

Non-Governmental Associations: PAN, Center for Environmental Technologies

Questionnaire responses: Yes = Yes; - = No;? = don't know; (blank) = no answer