May 22, 2003
ISBN: 0-662-34170-8
Cat. No.: H113-19/2003-3E
(DIS2003-03)
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The new Pest Control Products Act (PCPA) was given Royal Assent on December 12, 2002. One of the new requirements is for registrants to report any prescribed information that relates to the health or environmental risks or the value of pest control products within the prescribed time and in the form and manner directed by the Minister. The new regulation to be made under Section 13 of the new PCPA, would specify the types of information to be reported and the time frames for reporting. Guidelines will provide more detailed information on what and when to report, as well as on the form and manner in which to report. In addition, the medical and research community, other governmental agencies and individuals will also be encouraged to report adverse effects of pesticides. The purpose of the Discussion Document on Pesticides Adverse Effects Reporting Regulation is to seek comments from stakeholders and the public regarding the proposed regulation for the reporting of adverse effects.
The new Pest Control Products Act (PCPA) was given Royal Assent on December 12, 2002. One of the new requirements is for registrants1 to report any prescribed information that relates to the health or environmental risks or the value of pest control products within the prescribed time and in the form and manner directed by the Minister. The proposed pesticides adverse effects reporting regulation would specify the types of information to be reported and the time frames for reporting.
An adverse effect is an effect on humans, animals, plants or the environment, including injury, toxicity, sensitivity reactions, quality deterioration or decreased value associated with a pesticide. In developing the proposed adverse effects reporting regulation, the current requirements of other countries and international bodies on post-market reporting for pesticides, such as the United Kingdom, Australia, the U.S. Environmental Protection Agency (U.S. EPA) and the United Nations Environment Programme (UNEP), were explored. Furthermore, staff members of other programs both within Health Canada and Environment Canada were consulted at various stages of the development of the early drafts of the proposed regulation.
The purpose of this document is to seek your comments regarding the proposed regulation for the reporting of adverse effects.
The adverse effects data reported under this regulation will:
As indicated above, the new regulation to be made under Section 13 of the new PCPA, would specify the types of information to be reported and the time frames for reporting. Guidelines will provide more detailed information on what and when to report (Appendix I and II), as well as on the form and manner in which to report (Appendix III). In addition, the medical and research community, other governmental agencies and individuals will also be encouraged to report adverse effects of pesticides.
The regulation would require registrants to report information that indicates any health and environmental risks or a decrease in the value of a product and would provide time frames for reporting based on the severity of the adverse effects. The new regulation would also require registrants to provide an annual report containing summary data and a critical analysis regarding all adverse effect reports for their products accumulated during one year.
Submission of an adverse effect report, however, does not necessarily mean that the manufacturer accepts causality or responsibility. The Pest Management Regulatory Agency (PMRA) recognizes that there will probably be a number of events which the registrant will need to investigate and verify the validity of information. Registrants are required to report the adverse effects within the prescribed time frames even though they may not have fully validated the information. Registrants are free to submit supplemental information about the adverse effect reports, such as opinion or commentary they consider relevant, explaining the circumstances or interpreting the significance of the data. Registrants who fail to submit information because of the incompleteness of ongoing investigations will be considered guilty of an offence under the new PCPA.
It is proposed that the regulation specify that registrants must report any information that they receive and that is:
Registrants will not need to report:
It is proposed that, following transfer of a registration from one registrant to another, the reporting requirements shall continue to apply to the former registrant with respect to prescribed adverse effects information acquired prior to the transfer or within one year after the transfer.
If any of the prescribed information comes into the possession of an employee or agent of a company that is a registrant, the information is considered to have been received by the registrant on that date. Information received by a parent or an affiliated company, located in Canada or elsewhere, is deemed to have been received by the registrant.
It is proposed that the regulation specify that adverse effects reports may be submitted in English, in French or in both official languages and that this also applies to foreign language documents.
It is also proposed that the adverse effects regulation include a provision specifying that registrants be required to maintain records on adverse effects report for 10 years from the date the report was submitted to the Minister and be required to submit those records to the Minister upon request.
In developing the time frames required for the registrant to report adverse effects, the PMRA has taken into consideration the reporting time frames of the U.S. EPA as well as those of the Therapeutic Products Program within Health Canada. The PMRA recognizes that it is important to harmonize with the U.S. and other Organisation for Economic Co-operation and Development countries on the ways to gather information on adverse events to increase efficiency in worldwide reporting of adverse effects and to allow action to be taken on important safety and value information arising after the registration of a pesticide.
The time frame for reporting will be contingent upon the severity of the adverse effect because of the need to focus rapidly on the most significant adverse effects. It is proposed that the regulation specify the following:
| Severity | Time Frame |
|---|---|
| Death: includes death as a result of, or as a direct complication of, exposure to the pesticide. Major adverse effect: a person alleges or exhibits symptoms which may be life-threatening or result in adverse reproductive effects or in residual disability. |
Report as soon as possible or within 15 days after the registrant has received the information. |
| Moderate adverse effect: a person alleges or exhibits symptoms more pronounced, more prolonged, or of a more systemic nature than minor symptoms. Usually some form of treatment of the person would have been indicated. Symptoms were not life threatening and the person has returned to his/her pre-exposure state of health with no additional residual disability. | Report following an accumulation of one month and submit by the end of the month following the accumulation period. |
| Minor adverse effects in humans: effects include, but are not limited to, skin rash, itching, conjunctivitis (red, tearing eyes), drowsiness, transient cough, headache, joint pain, agitation, restlessness, or mild gastrointestinal symptoms such as self-limited diarrhea, stomach cramps, or nausea. These effects are reported to have lasted less than one month. Unknown adverse effects in humans: a person reporting an incident to a registrant may report exposure and allege an adverse effect. Specific symptoms, however, may be unknown or unspecified. If exposure is reported, no acute adverse effect is alleged, but the reporter informs the registrant they may suffer delayed or chronic effects. |
Report following an accumulation of a 12-month period as specified by the registrant and submit within 30 calendar days. |
Rationale:
The PMRA has considered those terminologies currently used in the other programs within Health Canada, in other regulatory agencies, such as the U.S. EPA, and in the other organizations, such as the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use and the World Health Organization.
The U.S. EPA definitions take into account both duration and intensity of clinical effects in consideration of exposure type and severity categories of humans. The severity category definitions for humans were derived from standard definitions used by the American Association of Poison Control Centres.
In order to move toward harmonization among North American Free Trade Agreement (NAFTA) countries, the proposed time-lines for adverse effects on human health are consistent with the U.S. EPA reporting time-lines with the exception of 'Human-major'. It is felt that the severity of this category is sufficient to elicit a more immediate response than the U.S. EPA time-lines would allow and the proposed time-lines are more consistent with the time frames for adverse drug reporting, as stipulated in the Canadian Food and Drug Regulations.
| Severity | Time Frame |
|---|---|
| Death: includes deaths and euthanasia as a result of, or as a direct complication of, exposure to the pesticide. | Report following an accumulation of one month and submit by the end of the month following the accumulation period. |
| Major adverse effect: a domestic animal exhibits or was alleged to have exhibited symptoms which may have been life-threatening or resulted in residual disability. Moderate adverse effect: a domestic animal exhibits or was alleged to have exhibited symptoms which are more pronounced, more prolonged or of a more systemic nature than minor symptoms. Usually some form of treatment would have been indicated for the animal. Symptoms were not life threatening and the animal has returned to its pre-exposure state of health with no additional residual disability. Minor adverse effect: a domestic animal was alleged to have exhibited symptoms, but they were minimally bothersome. The symptoms resolved rapidly and usually involved skin, eye or respiratory irritation. Unknown adverse effect: symptoms are unknown or not specified. |
Report following an accumulation of a 12-month period as specified by the registrant and submit within 30 calendar days. |
Rationale:
The PMRA is proposing a definition scheme which is similar to that used by the U.S. EPA. The severity categories for domestic animals were developed by the U.S. EPA in consultation with the National Animal Poison Control Centre/American Society for Prevention of Cruelty to Animals.
In order to move toward harmonization among NAFTA countries, the proposed timelines for adverse effects on domestic animal health are consistent with the U.S. EPA reporting time-lines with the exception of 'Domestic Animal Death'. It is felt that the severity of this category is sufficient to elicit a more immediate response than the U.S. EPA time-lines would allow.
3. Reports on incidents involving adverse effects on the environment associated with use of the pest control product.
Adverse effect in the environment: Any adverse effect occurring during or after pesticide release to wildlife, beneficial insects, plants, aquatic life, or other natural resources, including biological diversity, individuals of species at risk or deterioration of soil, sediment, water and/or air quality. Adverse effects with respect to the environment include but are not limited to death, impairment of plant and animal health, contamination of water resources above the acceptable level, reproductive impairment, congenital anomaly/birth defects.
| Severity | Time Frame |
|---|---|
| Severe adverse effect: an adverse effect that may result in an immediate and potentially irreversible effect on the local population at the site/field of pesticide application or in the surrounding area. | Report as soon as possible or within 15 days after the registrant has received the information. |
| Major adverse effect: an adverse effect that may result in an immediate or potentially long term impact on the local population at the site/field of pesticide application or in the surrounding area. | Report following an accumulation of one month and submit by the end of the month following the accumulation period. |
| Minor adverse effect: an adverse effect that may result in a minor reversible impact on the local population at the site/field of pesticide application or in the surrounding area. | Report following an accumulation of a 12-month period as specified by the registrant and submit within 30 calendar days. |
Rationale:
The PMRA has taken into consideration those terminologies used by the U.S. EPA in describing the various types of adverse effects. However, the PMRA felt that these definitions require far too many organisms to be affected in order to trigger the reporting requirement, leading to over-summarization of the environmental adverse effects. In addition, often the severity of an environmental effect may be understated, given that organisms can originally be affected non-lethally and then move off the site to die, thus, never being detected. The PMRA also considered in the severity classification, the potential implications of the new Species at Risk Act. The PMRA proposes that each environmental adverse effect should be reported in detail.
There is a preference to follow the time-line outlined by the U.S. EPA for reporting major environmental effects which states that the registrant accumulates reports for one month and then submits by the end of the second month. The PMRA has added an "Environmental-severe" category, which encompasses those adverse effects (mortalities of a large number of organisms or an adverse effect on an individual of a species at risk) that may elicit a more immediate response. In some cases it is expected that the PMRA may become aware of an adverse effect occurring before the registrant has reported the adverse effect. It is anticipated that the registrant may be able to provide additional information on the incident surrounding the adverse effect. An individual report, completed with the available information, of any adverse effect that has not been reported during the previous twelve months must be submitted during the annual reporting process. In addition, the registrant is also required to conduct a concise, critical analysis of any reports received during the previous twelve months, and submit such information on an annual basis.
| Severity | Time Frame |
|---|---|
| Residues in water: a pesticide has contaminated groundwater or has been detected at a level exceeding the Canadian drinking water guidelines, the Canadian water
quality guidelines for the protection of aquatic life, or any applicable provincial water quality guideline or regulation, whichever is the most conservative. Residues in food: a pesticide has been detected at a level exceeding the maximum residue limit (MRL) established under the Food and Drugs Act. |
Report following an accumulation of one month and submit by the end of the month following the accumulation period. |
Rationale:
In order to move toward harmonization among NAFTA countries, the detection of pesticides in water at levels greater than the established water quality guidelines is consistent with the U.S. EPA time-line for reporting detections above the maximum contaminant level and the health advisory levels. In addition, levels in food greater than the established MRL also follow the U.S. EPA time-line for reporting of detections.
5. Report on Incidents involving Unacceptable Efficacy, Crop Tolerance and Value
From the perspective of the value of the product, information regarding incidents involving poor performance (i.e., lack of efficacy) - particularly those cases that may be attributed to the development of pest resistance, undesirable effects on the host organism (e.g., crop damage) or rotational/succeeding crops, quality assurance problems and application technology failure will be considered to be reportable (routine submission of individual performance claims would not be required).
| Severity | Time Frame |
|---|---|
| Substantiated incident of pest resistance: a pest having developed resistance to any pesticide (both public health and non-public health) that occurred under conditions of use, application rates and methods specified on the label. | Report following an accumulation of one month and submit by the end of the month following the accumulation period. |
| Efficacy failure: target pest is not controlled to expected/acceptable level and has a detrimental impact on productivity of commodity when the product is used according to label instructions. Host/target site: host/target site exhibits unacceptable injury or other unacceptable symptoms and has a detrimental impact on productivity of commodity when the product is used according to label instructions. Rotational/succeeding crop: rotational/succeeding crop exhibits unacceptable levels of crop injury and/or yield reduction. Product quality: product provided to marketplace does comply with the conditions of registration but nevertheless there is a problem such as leaking, contaminants, packaging problems. Application technology failure due to pesticide use: application technology fails or has significantly reduced efficiency caused by the use of a pesticide. |
Report following an accumulation of a 12-month period as specified by the registrant and submit within 30 calendar days. |
Rationale:
Under the new PCPA, the value of a pest control product must be acceptable before it can be registered for use in Canada. Requiring that value must be acceptable helps to minimize risks posed by pesticides and prevents deception with regard to their usefulness. The PMRA recognizes that adverse effects on efficacy and host/target site will, in the vast majority of cases, involve a long time-line (e.g., a full season to determine impact on the yield). Therefore, the PMRA is proposing that this information be accumulated over a yearly time period and reported in the annual report.
| Severity | Time Frame |
|---|---|
| New information generated through scientific studies of a type currently required under Section 9 of the existing PCP Regulations that indicates any risks or decreased value or through human epidemiological studies or exposure monitoring studies (details in Appendix II) and information in the refereed scientific literature. | Report as an individual report within 30 days after the registrant has received the information. |
Rationale:
The PMRA proposes to harmonize with the U.S. EPA in this instance to facilitate reporting in North America
To further assist registrants, guidelines detailing the information required in this regulation are presented in the appendices.
Each registrant is required to provide an Aggregate Annual Summary Report which will include all of the adverse effects reported to the PMRA within the past year in addition to those which are of a less serious nature and can be reported annually. For those reports that are of a less serious nature and have not already been reported to the PMRA, individual reports must be completed along with incorporation into the Aggregate Annual Summary Report. The report must also include a concise, critical analysis of all the data including that previously submitted for the year interval and a comparison to previous intervals, commenting on any changes in the risk/value profile of the product that may have occurred in the current interval (Appendix III).
The Aggregate Annual Summary Report must be submitted following a 12-month period that is specified by the registrant. The date chosen and any changes to this date should be communicated to the PMRA.
Rationale:
In order to make this requirement consistent within Health Canada, the annual report proposed in this document would place a similar requirement on registrants similar to that of Subsection C.01.016.2 of the Food and Drug Regulations which states, "the manufacturer shall, on an annual basis and whenever requested to do so by the Director, conduct a concise, critical analysis of the adverse drug reactions and serious adverse drug reactions to a drug referred to in subsection (1) and prepare a summary report in respect of the reports received during the previous twelve months or received during such period of time as the Director may specify."
All other reports, whether required to be submitted within 15 or 30 days or accumulated monthly, will be in the form of individual reports for each adverse effect.
The PMRA is presently developing a set of reporting forms that should be used by registrants to report information related to the adverse effects to the PMRA. These forms will ensure that the level of detail necessary for an assessment will be obtained while remaining as easy to use as possible. The forms will largely reflect the U.S. EPA forms with some modification to ensure sufficient information for decision making.
The PMRA is cognizant that harmonization with other international regulatory bodies will facilitate ease of international reporting. As such, it is proposed that the PMRA forms be used if the adverse effect occurred within Canada, while the Agency will accept the U.S. EPA or other forms (such as the UNEP one) if the adverse effect occurred outside of Canada and is considered to be 'major' (according to the definitions of major as outlined in Section 2.2, items 1, 2 and 3).
As stated, Section 13 of the new PCPA requires registrants to report any prescribed information that relates to the health, environmental risks, or the value of pest control products. Section 14 requires that this information be considered and, depending on the severity of the effect, a decision must be made as to whether or not a special review of the product's registration should be initiated. In considering the severity of the effect, the PMRA will take into consideration a number of factors, including the previous submission of similar adverse effect reports, before deciding if a special review or other regulatory action is required.
It should be noted that the new PCPA provides authority to take interim action, such as amending or cancelling a registration, in the course of a special review without waiting for its completion. Thus, if warranted by the severity of an adverse effect report, a special review could be initiated and interim action could be taken immediately.
The PMRA will establish the necessary framework and policies to enable an electronic capability for the transmission of pesticide related adverse effects. This electronic capability will follow international standards for ensuring that information is secure, and supports data integrity and non-repudiation.
It is proposed that the adverse effects regulation include a provision specifying that all reports including the annual aggregated summary reports will be placed in the Register as they are received. Adverse effects of a serious nature will receive priority evaluation status to facilitate timely conclusions, necessary regulatory action as required and timely posting of the conclusion in the Register. Conclusions for all other reports will be posted in the Register when evaluation and trend analyses have been completed. The PMRA is presently developing standard operating procedures which will include time frames for the evaluation and posting of conclusions in the Register based on the severity category of the adverse effect. In addition, if it is concluded that a pesticide poses a significant risk, the new PCPA requires that information to be actively disseminated to the public, for example, through a press release.
All the information in the Register except confidential business information or confidential test data, as defined in the new PCPA, will be available publicly. Furthermore, the public will be permitted to view confidential test data in a reading room.
As indicated above, Section 14 of the new PCPA requires that reports of adverse effects be considered as a basis for initiating a special review. PMRA will also be using the adverse effects reports as a means of prioritizing chemicals for the ongoing re-evaluation program.
To assist us in undertaking an effective consultation on the proposed regulation, we would ask that you consider the following when preparing your feedback:
Initially, the PMRA will work with the provinces and territories, through the Federal/ Provincial/ Territorial Committee on Pest Management and Pesticides, to examine the possibility of sharing data on adverse effects with provincial and territorial organizations and with municipalities. Similarly, the PMRA will discuss with other federal departments such as Agriculture and Agri-Food, Environment, Transport and Human Resources and Development, the need to exchange data on pesticide exposures. Through communications programs, the PMRA will encourage the medical and research community, other governmental agencies and individuals to report adverse effects.
These guidelines explain in more detail the type of information that would be required in each of the categories delineated in the Regulation. They include:
The registrant will provide new information indicating any risks or decreased value of a pest control product that is generated through:
Each registrant is required to provide an Aggregate Annual Summary Report which will include all of the adverse effects reported to the PMRA within the past year in addition to those which are of a less serious nature and can be reported annually. For those reports that are of a less serious nature and have not already been reported to the PMRA, individual reports must be completed along with the incorporation into the Aggregate Annual Summary Report. The attached form is a reporting template developed by the PMRA, to facilitate the aggregate annual summary of adverse effects reporting. The instructions for filling in the fields on this form are as follows:
Product or Active Ingredient Identification: In order for the incident to be a reportable event, the product must be identified in at least one of two ways. In order of preference by the agency, they are: 1) PCP Number or, 2) Active Ingredient. The product name must also be included, if known, but must be accompanied by either PCP Number or Active Ingredient.
Submission Date: The Submission Date refers to the registrant's date of submission for this report.
Critical Analysis: Time Period Covered: Data may be accumulated for a maximum of one year then reported within 30 days (interpreted by PMRA as 1 month). The registrant should state the time period this aggregate report covers.
Total Incidents: This field represents the total number of incidents which resulted in one or more of the "Severity Category Designation and Exposure Type".
Severity Category Designation and Exposure Type: Each incident will involve a minimum of one exposure type and severity category designation but could involve multiple designations. When an exposure type and severity category designation is reported it is counted only once per incident, regardless of the number occurring in that incident. As an example, one incident involving 5 humans each having effects that would be categorized as minor would result in category H-Mn being counted just once in the aggregate report. If that same incident also included 3 occurrences of an effect in domestic animals categorized as minor then the domestic animal category designation would have a 1 placed beside D-Mn. For a given product or active ingredient, the number of incidents which have been reported during the time period covered are added beside the corresponding category designation.
Scientific Studies and Literature: Registrants should include in this area the number of scientific studies described in Appendix II as well as the number of publications from refereed scientific literature sent to the PMRA during the course of the year.
Additional Information: Registrants may use this optional area to provide supplemental information that may explain, qualify, or otherwise aid in the interpretation of information provided in the aggregate summary. There is no limit as to the amount of information that can be provided in this area. Please note that this information will not appear in the PMRA database but will be made available to the evaluators within PMRA.
| Aggregate Annual Summary Report | |||||
|---|---|---|---|---|---|
| Company Name: | Registrant Code: | Page of | |||
| Time Period Covered: From: To: |
Submission Date: | Total Incidents: | |||
| Product or Active Ingredient | Severity Category Designation and Exposure Type | ||||
| H-De H-Mj H-Md H-Mn |
D-De D-Mj D-Md D-Mn |
E-Sv E-Mj E-Mn |
Rw Rf |
V-Rs V-Ef V-Ht V-Rc V-Pq V-At |
|
| H-De H-Mj H-Md H-Mn |
D-De D-Mj D-Md D-Mn |
E-Sv E-Mj E-Mn |
Rw Rfv |
V-Rs V-Ef V-Ht V-Rc V-Pq V-At |
|
| H-De H-Mj H-Md H-Mn |
D-De D-Mj D-Md D-Mn |
E-Sv E-Mj E-Mn |
Rw Rf |
V-Rs V-Ef V-Ht V-Rc V-Pq V-At |
|
| Scientific Studies and Literature: | |||||
| Additional Information: | |||||
Legend:
1 Most requirements in the new PCPA apply equally to registrants and applicants.