A single word change in legislation has led to a significant shift in how highly hazardous agricultural remedies  are bought  and used in South Africa.

Since 2011, the pest control operator (PCO) regulations have required anyone handling ‘restricted-use  agricultural remedies’ to be registered as a PCO. Roleen la Grange, regulatory manager at CropLife SA, explains that registration as a PCO typically applies to individuals who offer pest control services for payment. Employees carrying out pest control activities on their employer’s property are exempt, but those handling restricted-use remedies without direct supervision of a registered  PCO must still register.

In 2023, new regulations introduced the term ‘restricted agricultural remedies’.  While appearing minor, this wording change raised questions about whether these two terms referred to the same category of products and, more importantly, whether the same rules applied to both. To resolve this uncertainty, the matter was taken to court.

On 26 January, the court handed down its judgment: ‘Restricted agricultural remedies’,  as defined  in Annexure A of the 2023 regulations, are not the same as ‘restricted-use agricultural remedies’ under the PCO regulations. As a result, restricted agricultural remedies  do not automatically fall under the PCO regulatory framework.

What it means

According to La Grange, this ruling means that distributors may sell these products without requiring buyers to present a PCO registration certificate. Producers may also purchase and apply them without being registered as PCOs or operating under PCO supervision, provided they are not offering pest control as a paid service.

It is important to note that this ruling only affects the automatic requirement for PCO registration to handle restricted agricultural remedies. All other legislation governing these substances remains in force; where PCO registration was required prior to the 2023 regulations,  it is still mandatory.

Restricted  agricultural remedies  are still classified as Group I Category B hazardous substances under the Hazardous Substances Act, 1973 (Act 15 of 1973).  They  must  therefore continue to be sold, stored, and used in accordance  with the Act and its regulations.

(The government had the option to appeal the ruling, but chose not to do so.)

What happens next?

Despite the clarity provided by the court, this is not the final word on the matter.  In December 2025, industry stakeholders submitted a proposal to the registrar of Act 36 of 1947, to develop a practical and effective strategy for managing restricted agricultural remedies  on farms. A multi-stakeholder working group has since been established to address ongoing challenges and guide future implementation.

Key questions from the industry

La Grange mentioned that the ruling has sparked a number of important questions among producers and other stakeholders.

Should I still apply for PCO registration? Although  the court ruled that these remedies fall outside the PCO regulations, the decision was based on legal ambiguity. This could be corrected at any time, potentially reinstating the requirement. In addition, future proposals  may still require users to be properly trained. Pursuing PCO registration, therefore, remains a worthwhile investment.

Will existing PCO applications still be processed? Yes. Government will continue evaluating all submitted  applications.

Has the list of restricted remedies changed? No. The classification criteria remain unchanged, and restriction statements will continue to appear on labels for now.

What if the label says, “for use by PCOs only”? Product  labels are legally binding and must be followed. However, the ruling has created  uncertainty in this area. CropLife SA is consulting legal experts and government for guidance. Restriction statements will remain on labels until clarity is provided.

Does this affect the phase-out of highly hazardous pesticides

(HHPs)? South Africa remains committed to phasing out HHPs by 2035, where risks cannot be adequately managed. Restricting these products to PCO use formed part of that risk-management strategy. Stakeholders are encouraged to continue limiting their use to properly trained producers who comply  with all relevant legislation. In practice, the phase-out is already underway and will continue  ahead of the 2035 deadline.

Can prior experience count towards PCO registration? Currently, no. Legal advice indicates that the registrar does not have the authority to recognise  prior learning within the existing framework. However, this may change. The working group intends to propose amendments to allow recognition of prior experience  in future.

A sector in transition

While the court ruling has provided much-needed clarity, it also exposed gaps in the current regulatory framework. The agricultural sector now finds itself in a transitional phase, where collaboration between government  and industry will be key.

The objective is to ensure that agricultural remedies  are used safely, responsibly, and in a manner that supports productivity and public health.

By Koos du Pisanie, Plaas Media