[5] INE (2019p). Available in: www.ine.gob.bo/index.php/estadisticas-economicas/comercio-exterior/importaciones-bases-de-datos/ In short, although there is a broad legal framework that regulates and bans the use of agrochemicals in the country, in the end, highly toxic pesticides are still used, many of which are banned in other countries; In practice, therefore, there is no effective implementation of the current rules. This is a serious violation of human rights and Mother Earth, given the harmful effects of these pesticides. By allowing the permanent entry of agrochemicals into the country, the national government is violating its constitutional mandate, thus violating not only international conventions and national laws, but also the rights of Bolivians and those of Mother Earth. The grace period for novelty is indicated in the product leaflet. This period is important to ensure that the harvested plant product does not contain residues above the maximum permitted level. Indeed, the production of agricultural products whose residues exceed the maximum quantity authorized by the Ministry of Health is illegal. The crop can be confiscated and destroyed. In addition to the damage caused by the harvest, the farmer can also be fined and prosecuted. In particular, that ley provides that `No se introducirán en el país paquetes tecnológicos agrícolas que involucren semillas genéticamente modified de especies de las que Bolivia es centro de igen o diversidad, ni aquellos que atenten contra el patrimonio genética, la biodiversidad, la salud de los sistemas de vida y la salud humana` (Article 15(2)). In this sense, Law 144, as part of the policy of strengthening the production base, provides that the integral management of the country as an objective is the “(…) Substitution and phasing out of agrochemicals (…) (Art. 13(1)).
The Mother Earth Framework Law also lays as one of the foundations and orientations of Living Well through integral development in agriculture and livestock the “development of measures to promote the phasing out of plants of genetically modified organisms that are approved in the country (…)”; and “Regulation of the use of pesticides and other agricultural inputs causing harm and human health, according to specific rules” (Articles 24, 8 and 13). Many pesticides legally imported into the country have high toxicity and are limited in other countries. A 2018 study found that of the 229 active ingredients with health registration this year, 164 were considered highly toxic and 105 were banned in other countries. [6] Paradoxically, Bolivia has a broad legal framework that regulates and even prohibits the use of agrochemicals – pesticides, fungicides, herbicides, etc. – in the country; from the political constitution of the State itself, numerous laws and administrative decisions, to several international treaties. Despite this legal framework, the data show that the country is violating the provisions of its regulations. The EPC and the international conventions signed are articulated by a number of laws promulgated between 1992 and 2016 (Table II). These laws provide a solid regulatory basis and represent one of the most advanced legal frameworks in the field of environmental protection. It should be remembered that Bolivia fue uno de los primeros países en concebir a la naturaleza como un sujeto de derecho, hecho trascendental en materia judicial. Under the current law, it is mandatory to collect empty packages from a receiving unit authorized by the environmental authorities. Before collection, it is imperative that the farmer does the triple wash using it with holes in the types of packaging that allow this practice, while the non-washable packaging must remain intact, properly sealed and leak-free. Empty packaging must be packed in a commercial plastic bag, which must be delivered by the retailer.
Within up to one year, these packages must be delivered to a registered point of receipt. The farmer must receive proof of delivery, which must be kept with the invoice of the product. It is the responsibility of the manufacturer or his legal representative to collect all materials deposited at the point of receipt. Os Programa atualmente em execução na CDA estão organizados em cinco grandes áreas: A documentação preparatória sobre o novo marco regulatório para agrotoxics, está disponível no Portal da Anvisa conforme consulta abaixo: Este escenario es agravado The government`s promotion of this agricultural model is not only a violation of national regulations, but also leads to the systematic and planned rewriting of the entire regulatory apparatus, which was set up to regulate and ban the use of agrochemicals in the country. They must be stored in clean, dry, safe and chemical-free premises.