A fact of doing business

Compliance with local and international regulations is non-negotiable for the deciduous-fruit industry to continue operating. By Anna Mouton.

“Regulation is not the sexiest topic,” admitted Rod Bell, speaking at the 2026 Hortgro Technical Symposium. “But regulations give our industry the right to operate, and that applies to the entire value chain. A farmer has just as much responsibility as the registration holders.”

Bell is the CEO of CropLife SA, the association for the South African agrochemical industry. CropLife SA promotes the responsible manufacture, distribution, and application of crop-protection products to support safe, sustainable, and affordable food production.

According to Bell, regulations serve three functions. Firstly, regulations protect farm workers, consumers, wider society, and the environment. “The voice of wider society is getting louder,” he said. “So, we must behave in a manner that is acceptable to it.”

Secondly, regulations provide growers with peace of mind by ensuring that the safety and efficacy of crop-protection products have been checked.

Thirdly, and to Bell, most importantly, regulations facilitate trade. “You can’t trade in an agricultural product that was produced with a chemical or biological product that nobody knows about, or knows is safe,” he said. “Countries won’t want to import that produce.”

The local regulatory environment

The Fertiliser, Farm Feeds, Agricultural Remedies, and Stock Remedies Act (Act 36 of 1947) is the primary legislation governing crop-protection products in South Africa. “Many people say it’s old,” said Bell. “But they forget that numerous regulations have come out over the years to bolster the Act, most recently in August 2023.”

Under the Act, all products claiming to control agricultural pests must be registered to be imported, marketed, promoted, sold, or used.

Bell emphasised that product labels are not user guidelines. “The product label is a legal document,” he said. “You may only use the product according to the directions on the label.”

He discussed two aspects of local regulation that impact growers, starting with highly hazardous pesticides (HHPs) as identified by the United Nations Food and Agriculture Organization’s International Code of Conduct on Pesticide Management.

Highly hazardous pesticides are acknowledged to present particularly high levels of acute or chronic health or environmental hazard, according to internationally accepted classification systems (such as the World Health Organization or Global Harmonised System for the Classification and Labelling of Chemicals) or international agreements and conventions.

Worldwide, countries are working toward meeting the targets of the United Nations Global Framework on Chemicals, which include phasing out HHPs in agriculture (where risks have not been managed and safer alternatives are available) and supporting the transition to alternatives.

“Locally, that aim is reflected in the August 2023 regulations, which introduced the concepts of substances of concern and restricted agricultural remedies,” said Bell.

While many substances of concern are already off the market, growers should familiarise themselves with the regulations governing restricted agricultural remedies, including their storage, handling, and use.

Although the proposed regulations pertaining to pest control operators were set aside, the Department of Agriculture is currently working with CropLife SA, industry associations, and other stakeholders to develop alternatives.

The second problem resulting from local regulations, as highlighted by Bell, is the loss of crop-protection chemicals combined with a shortage of replacements. As growers’ options dwindle, juggling pest management, resistance, and residue control becomes more difficult, especially when dealing with phytosanitary pests.

“These challenges are exacerbated by the extensive delays caused by our current registration process,” commented Bell. “South African farmers must have access to the latest technology. Otherwise, how can they remain internationally competitive?”

Compliance beyond our borders

“Compliance is something people see like insurance,” said Bell. “It’s a grudge purchase. It costs money.” Nonetheless, the cost of compliance pales in comparison to the cost of non-compliance, which is losing the ability to operate locally and to export internationally.

Given that the European Union is South Africa’s second-biggest export destination (after Africa), Bell chose to discuss European Union regulations as an example of international requirements. He revisited the Green Deal and Farm-to- Fork strategy, which failed to gain approval in the European Union parliament.

“But we now have the European Union Feed and Food Safety Omnibus,” he said. The Omnibus has many positive attributes, including a science-based approach, predictable approval timelines, realistic agricultural guidance, and a simplified crop-protection toolbox containing conventional products, biologicals, and digital technologies.

Unfortunately, the Omnibus also has potential downsides for South African growers. For instance, it may scrap maximum residue limits (MRLs) and import tolerances for active ingredients that aren’t authorised in the European Union, and increase the stringency of food-safety monitoring.

The proposed MRL amendments could allow the European Union to require non-detectable residues for any substance not approved in the European Union or classified as hazardous. This could make life extremely difficult for South African growers, who must deal with different pests in a different climate than European growers.

“Another concern is that member states are taking unilateral decisions,” said Bell. “France has already enacted a zero-tolerance decree on some fruit types, and other countries are following.”

Institutional and individual action

In response to the Feed and Food Safety Omnibus, several countries are lodging complaints with the World Trade Organization. “As CropLife SA, we are very pleased that AgBiz has contacted all grower associations for comment on the Omnibus and its potential impact on South African farmers,” said Bell.

CropLife SA is supporting this process, and Bell encouraged all stakeholders to become involved in educating the government about the challenges and risks to agriculture. Still, he stressed that regulations are a fact of doing business.

“Whether you’re a farmer or a CropLife SA member, you must be aware of the legislation and comply with the regulations,” he said. “ So, please let’s approach compliance with the necessary seriousness.”

To assist everyone in the agricultural value chain in better navigating the regulatory landscape, CropLife SA presents webinars on topics such as resistance management, extended producer responsibility (relevant to the disposal of pesticide packaging), and the responsible application of pesticides on farms.

In addition to the webinars, CropLife SA provides a wealth of information on its website, runs a continuous learning programme, and hosts Agri-Intel, a searchable database of registered crop-protection products, including MRLs and withholding periods.

“We’re very keen that all our information gets widely shared,” said Bell. “We don’t have all the answers, but we certainly believe in engaging with grower associations. More collaboration is the only way to go forward if we want a sustainable industry.”

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Watch this presentation on the Hortgro YouTube channel.