Bill 664.

Summary.

The bill establishes a framework for the phased prohibition, elimination, and replacement of highly hazardous pesticides to protect health, the environment, and food security, and to facilitate a transition in agricultural production. Its provisions would apply throughout the country to public and private persons and entities involved in manufacturing, importing, trading, transporting, using, or managing waste from these products. Implementation is guided by precaution, prevention, sustainable development, extended producer responsibility, progressive environmental protection, and access to information and public participation, in accordance with the Political Constitution. It defines the covered products using categories established by the World Health Organization (Organización Mundial de la Salud) and the Food and Agriculture Organization of the United Nations (Organización de las Naciones Unidas para la Alimentación y la Agricultura), among other references recognized by the Republic of Panama, and delineates environmentally sensitive areas.

The bill proposes prohibiting the import, manufacture, formulation, marketing, distribution, transport, storage, and use of these pesticides in the Republic of Panama. The Executive Branch (Órgano Ejecutivo) would adopt a phased elimination schedule to be carried out within 5 years, taking into account producers’ capacity to transition and the importance of each product category to food security. Authorities would cease granting or maintaining registrations for covered products and would cancel existing registrations under that schedule. Application, use, storage, and final disposal would be prohibited in sensitive areas from publication of the preliminary map, with that prohibition taking precedence over earlier authorizations.

The state would provide technical assistance, giving priority to small and medium-sized producers. The Ministry of Agricultural Development (Ministerio de Desarrollo Agropecuario) would accredit Farm Schools, whose operators would receive preferential scoring in certain public procurement processes. The bill also provides for recognition of companies that train small producers free of charge and for agreements between the Ministry of Agricultural Development, the Ministry of Environment (Ministerio de Ambiente), and universities to support the transition. The Ministry of Agricultural Development and the Ministry of Health (Ministerio de Salud) would establish a simplified route for registering low-risk alternatives within 60 calendar days; a decision would be issued within 90 business days after a complete application is filed.

The bill creates the Interinstitutional Technical Commission for the Management of Highly Hazardous Pesticides (Comisión Técnica Interinstitucional para la Gestión de los Plaguicidas Altamente Peligrosos), composed of the Ministry of Environment, the Ministry of Agricultural Development, and the Ministry of Health, to coordinate implementation and evaluation. The Ministry of Environment would publish preliminary and final maps of sensitive areas within 60 and 180 calendar days, respectively, in the Official Gazette (Gaceta Oficial) and through digital access. The absence of a final map would not halt prohibitions applicable to identified or protected areas. The bill also creates the National Pesticide Residue Monitoring System (Sistema Nacional de Monitoreo de Residuos de Plaguicidas), with public results on residues in water, soils, food, and other matrices.

Manufacturers, importers, formulators, and distributors would organize and fund the collection and safe management of products, containers, and waste. Collection centers or take-back systems would allow agricultural producers to return them at no cost. The Ministry of Agricultural Development would prepare a national inventory within 120 calendar days, based on sworn declarations of stocks. Authorities would coordinate enforcement, receive georeferenced reports, and be able to accredit third parties for technical work. Public participation in implementation instruments is provided for.

Noncompliance would constitute a minor, serious, or very serious administrative offense, punishable by fines and, depending on the category, suspension or cancellation of registrations and seizure, following due process and without excluding other liabilities. Implementation would use ordinary budget allocations and other permitted sources; the Executive Branch would issue implementing regulations within 180 calendar days. No other laws are expressly amended. The bill would be of interest to the Ministry of Environment, the Ministry of Agricultural Development, and the Ministry of Health, as well as agricultural producers, pesticide manufacturers and distributors, biological input companies, universities, and laboratories.