CropLife: fake pesticides are real threat

The counterfeit market continues to target pesticides on a global scale, and the effects are serious. Technological advancements, paired with globalization, have facilitated the spread of fake products, and experts estimate that five to seven percent of Europe's plant protection products are illegal. The illegal trade in fake pesticides has blossomed into a multimillion-euro industry in Europe. The problem also began to enter the U.S., threatening both consumers' lives and farmers' livelihoods. Quite often counterfeit pesticide products arrive in farmer or consumer ready packaging that even the legitimate manufacturer has a difficult time distinguishing from their own labels and packaging! In most cases farmers unknowingly buy counterfeit pesticides because of the cheaper price and in 10 - 20 percent of these cases they have seen significant crop damage because of the unregulated chemicals found in counterfeit goods.

With the help of updated regulations and patent protection, swift action from policymakers, regulatory agencies and the crop protection industry we hope to defeat this growing market problem. In an effort to combat the distribution of counterfeit products and educate the public about this threat, the plant science industry formed an anti-counterfeiting task force to work with international law enforcement, regulatory agencies and trade authorities.

A.) Counterfeit pesticides' biggest danger lies in their untested, unregulated and sometimes banned, ingredients. The research-intensive and lengthy registration process regulated by U.S. EPA safeguards consumers and growers from the harm that counterfeit pesticides can cause.

Counterfeit pesticides do not undergo safety or efficacy testing and often contain prohibited substances that can destroy harvests and present safety risks for farmers, as well as create environmental hazards and negatively impact consumers' health.

Researching new products and ingredients is a rigorous process, culminating in more than 120 tests to determine toxicological and biological effects on human, animal and environmental health to ensure the safety of crop protection products registered by the EPA.

Companies that are introducing a new active ingredient, or new uses for a registered active ingredient, must submit an extensive registration information package to EPA for evaluation. The Agency also reassesses each registered pesticide at least every 15 years to ensure it meets all current standards.

The U.S. EPA works with U.S. Customs and Border Control (CBP) in order to monitor all crop protection product shipments that enter the country. A Notice of Arrival (NOA) must accompany each product to be approved by EPA and reviewed by the CBP's district director; the shipment is then subject to another possible examination by the EPA after arrival.

B.) The manufacture and sale of counterfeit pesticides violates intellectual property (IP) law. Industry is banding together to prevent the loss of intellectual property by calling for strong and united enforcement of IP law to prevent the illegal sale of counterfeit pesticides.

IP-intensive industries are the foundation of the U.S. economy, employing more than 19 million people and accounting for 60 percent of exports. Online counterfeit marketing attracts more than 53 billion site visits per year and global sales of all counterfeit goods are estimated to have reached $135 billion in 2010.

Counterfeit pesticides not only negatively affect patents and IP, but also damage industry reputation and undermine established industry stewardship activities. The manufacture and trade of illegal pesticides negatively affects companies' value and reduces producers' confidence in legitimate products.

Improved packaging and labeling are important and practical steps that crop protection product manufacturers can take to guard against patent infringement.

The U.S. has reformed patent law by signing H.R. 1249, the "America Invents Act" into law. This legislation will strengthen the U.S. patent system to promote and safeguard innovation and discourage those who may seek to abuse the IP system.