Bactericide treated as pesticide for exemption under the plant spray notification, with prior disinfectant ruling held inapplicable.

Paushamycin, a mixture of oxytetracycline and streptomycin used as an anti-bacterial plant spray, was treated as a bactericide and therefore as a pesticide. On that basis, it fell within the exemption available under Notification No. 234/82 dated 1-11-1982. The earlier decision dealing with disinfectants and insecticides was found inapplicable because the product was not a disinfectant but a bactericide used on plants. As pesticides were covered by the notification and the relevant notifications in force, the appellate relief was left undisturbed.

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Issues: Whether Paushamycin, a mixture of oxytetracycline and streptomycin used as an anti-bacterial plant spray, was eligible for exemption under Notification No. 234/82 dated 1-11-1982.

Analysis: The respondents established that the product was a bactericide used on plants. Bactericides fall within the expression 'pesticides'. The reliance placed on the earlier decision concerning disinfectants and insecticides was held to be inapplicable because the present product was not a disinfectant but a bactericide/pesticide. As pesticides were covered by the notification and the relevant notifications in force, no basis was found to disturb the appellate relief.

Conclusion: The product was held to be covered by the exemption notification and the appeal failed.

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