Confidential report on Temic

Dr Gerhard H Verdoorn

Griffon Poison Information Centre

specialising in the agrochemical-environmental arena

24 hr emergency & advisory service 082-446-8946

6 MOZART ROAD, RISIDALE 2195, JOHANNESBURG, SOUTH AFRICA

Tel:  Int+27-(0)82-446-8946; Fax: Int+27-(0)11-805-2222

E-mail:   nesher@tiscali.co.za

 

 STRICTLY CONFIDENTIAL

 SPECIALIST REPORT FOR THE SECRETARY OF POLICE PESTICIDE RELATED CRIME AND STREET PESTICIDES IN SOUTH AFRICA

 14 July 2010

1. Introduction

 Scenario.

1. Pesticides (agricultural remedies) are increasingly implicated as tools in serious crimes in South Africa.
2. Cases of guard dog poisoning are reported to the Griffon Poison Information Centre, police stations, SPCA branches, community policing forums, health authorities and security firms on a daily basis.

• In most cases criminal activities (up to Schedule 6 crimes) follow after dogs have been eliminated with pesticides.

1. The chain of events normally follow this route:

1. A team of scouts collect intelligence on guard dogs at residences in neighbourhoods, on small holdings and on farms.
2. Residences that have guard dogs are marked with white chalk arrows on driveways or post boxes. In some cases empty 2 litre cold drink bottles are used as markers.
3. During the very late hours of the night (usually between midnight and 02h00) a team moves into the neighbourhood and exterminates guard dogs with pesticides laced baits.
4. Criminal activities commence directly after that usually between 02h00 and 04h00. Activities as recorded by myself include:

1. Armed robbery.
2. Car theft.
3. Petty theft.
4. Livestock theft.

1. By the time the residents wake up in the morning their dogs have expired and the crimes have been committed.
2. These incidents occur in all neighbourhoods including traditional white urban areas, traditional black areas, small holding and farms.

• Pesticides such as aldicarb and carbofuran are also used to illegally harvest valuable game such as crocodiles and rhinos.
• The pesticides that are implicated in such criminal incidents include the following:

1. Aldicarb formulations including Temik (produced and marketed by Bayer CropScience in South Africa), so called Chinese aldicarb formulation and aldicarb formulation of unknown origin. Only Temik is registered as an aldicarb formulation in South Africa and it is thus the only legal aldicarb in the country. Attached are some photographs of Temik as well as Chinese aldicarb and unknown aldicarb formulations. Aldicarb accounts for probably more than 90% of poisoning cases in which guard dogs are poisoned by criminals.
2. Carbofuran formulations of unknown origin – this will certainly include legally registered carbofuran of which there are 8 registered products in South Africa. Carbofuran accounts for probably 5% of the poisoning incidents in which guard dogs are poisoned.
3. A few organophosphate formulations including monocrotophos (has been banned in South Africa) and methamidophos of which there are 8 registered products in South Africa. Organophosphates account for very cases of guard dog poisoning.

1. Aldicarb is of particular concern as it so widely misused by criminals despite a very stringent stewardship programme that Bayer CropScience maintains for their Temik. Temik is a restricted pesticide and the following apply to Temik:

1. Each container of Temik has a unique bar code that gives the registration holder Bayer CropScience the ability to track the whereabouts of such containers at any given time.
2. Agricultural remedy distributors who trade in Temik must have undergone special training by Bayer CropScience and must be registered as Temik Pest Control Operators with the Registrar of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947).
3. Farmers who wish to apply Temik as a pesticide must have undergone training by a registered Temik Pest Control Operator and must also have special lockable stores for their Temik stocks.
4. Bayer CropScience keeps a database of all registered Temik Pest Control Operators and farmers who are trained and certified to use Temik.
5. Bayer CropScience produces reports on their monitoring and compliance with restrictions for the Registrar on a regular basis.

1. Investigations by me and others indicate that between 60% and 80% of aldicarb formulations that are used by criminals for the poisoning of guard dogs are unknown and definitely not Temik. This is related to the following:

1. Illegal importation of unregistered aldicarb formulations:

1. Illegal and legal immigrants from Zimbabwe, Mozambique and other SADEC countries smuggle unregistered and illegal aldicarb formulations into the country. One such immigrant was apprehended close to Alldays with 10,000 (ten thousand) plastic straws of aldicarb formulation. Others simply bring it into the country in plastic bags. I have reason to believe that very large quantities of illegal aldicarb formulations enter the country in the hands of immigrants. Immigrants bring aldicarb in as a means of currency and sell it on the street to obtain local SA currency and to commit crime.
2. Probable illegal importation of illegal aldicarb formulations into the country by individuals and companies with an interest in the agriculture sector. This most probably happens very seldom.

1. Supply of aldicarb formulations used in criminal activities.

1. All indications point to organised crime syndicates that obtain and use whatever aldicarb formulations they can lay their hands on to kill guard dogs before committing other crimes.
2. It is as yet unknown who the kingpins of these syndicates are.
3. There is usually a major supplier (the king pin), secondary suppliers, runners, vendors and informants involved in the syndicates that work with aldicarb formulations. This become strongly evident in a 50/50 covert investigation in central Johannesburg in may 2010. The elements that were identified in the syndicates are the following:

1. A vendor who supplies the aldicarb formulation. This vendor operates from a minibus taxi.
2. Another vendor who collects the money from the client.
3. A driver of the vehicle that is not present when the deal is taking place.
4. A supplier who brings the required amount of aldicarb formulation to the vendor at the taxi.
5. A main supplier who is never observed during any operation.
6. Scouts who check for any suspicious individuals and warn the syndicate members about possible law enforcement or investigation personnel presence.

4. The syndicates also supply the street vendors with aldicarb formulations that are sold as “street pesticides”.

• Aldicarb formulations and other pesticides as “street pesticides”.

1. Apart from the very serious situation with the criminal activities around guard dog poisoning with aldicarb formulations, these pesticides also feature strongly at stalls of street vendors. Small packets of aldicarb formulations (between 4 grams and 250 grams but mostly less than 5 grams) are sold by street vendors to the general public who use it mostly (illegally) as a rodenticide.
2. There is strong reason to believe that is also sometimes acquired by criminals who intend using it to kill guard dogs.
3. These small packages are also bought by individuals with homicidal intent – many people are murdered each year in South Africa by deliberate poisoning.
4. Individuals with suicidal intent also buy small packages to commit suicide.
5. My investigations revealed that the following is found at the street vendor level:

1. Temik as produced by Bayer CropScience (only about 22% of aldicarb formulations sold is Temik).
2. Unknown aldicarb formulations that range from products that are virtually identical to Temik, products that look like graphite coated fertilizer, very course and uneven aldicarb formulation granules, aldicarb formulation granules mixed with maize meals as a rodenticide and multicoloured grain that contains aldicarb as a rodenticide.
3. Other pesticides include:

1. Unlabelled carbofuran formulations.
2. Illegally packaged and labelled chlorpyrifos (organophosphate pesticide).

• Illegally packaged and fraudulently labelled dichlorvos (organophosphate insecticide).

1. Mercaptothion (organophosphate pesticide) mixed with paraffin as a bed bug pesticide.
2. Oxydemeton-methyl (organophosphate pesticide) mixed with water as general household pesticide.
3. Diazinon (organophosphate pesticide) mixed with water or paraffin as a general household pesticide.

• Dough balls of about 3 cubic centimetres in volume mixed with an unknown active ingredient as a cockroach pesticide.
• Carbofuran formulation mixed with grain as a rodenticide.

6. It has to be noted that none of the street pesticides conform to the sections and regulations of Act Nr. 36 of 1947.
7. Street vendors operate at taxi ranks, train stations, street markets and also in shopping malls.
8. Clients include the general public, probably members of crime syndicates, and more alarmingly members of the Metro Police and SA Police Service.

1. The regulatory framework for pesticides.

1. The Act. All pesticides in South Africa are governed by the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947) and related regulations.
2. Specific sections in the Act that relate to pesticides in the context of this document are (important parts of the sections in bold) presented on page 4 of this document.

• Specific regulations that are applicable to pesticides in the context of this document are (regulation presented on pages 5 and 6 of this document):

1. Regulation N0. R1716 of 26 July 1991.
2. Regulation No. R994 of 26 July 2002.
3. Regulation No. R181 of 7 February 2003.

7 Sale of fertilizers, farm feeds, agricultural remedies and stock remedies  Cases (1) No person shall sell any fertilizer, farm feed, agricultural remedy or stock remedy unless- (a) it is registered under this Act under the name or mark under which it is so sold: Provided that a fertilizer, farm feed, agricultural remedy or stock remedy in respect of which the period of validity of the registration has expired, the certificate of registration has been cancelled in terms of section 4 or has lapsed in terms of section 4A (2) and which, before or on the date of such cancellation or lapse, was no longer under the control of, or owned by the person to whom that certificate of registration was issued, may, subject to the provisions of section 7bis, be sold; (b) it is, subject to the provisions of paragraph (c), packed in such manner and mass or volume as may be prescribed; (c) the container in which it is sold, complies with the prescribed requirements and is sealed and labelled or marked in such manner as may be prescribed or, if it is not sold in a container, it is accompanied by the invoice referred to in section 9; and (d) it is of the composition and efficacy specified in the application for registration thereof, possesses all chemical, physical and other properties so specified, and complies with the prescribed requirements.

 

16 Import of fertilizers, farm feeds, agricultural remedies and stock remedies  (1) No person shall import any fertilizer, farm feed, agricultural remedy or stock remedy into the Republic unless- (a) such fertilizer, farm feed, agricultural remedy or stock remedy is registered in terms of this Act, is of the composition and efficacy specified in the application for registration thereof, possesses all chemical, physical and other properties so specified and complies with the requirements prescribed in respect thereof and is packed in a sealed container which is marked or labelled in the prescribed manner with the prescribed particulars; (b) in the case of a fertilizer or farm feed containing bone or any other substance derived from the carcass of an animal, a permit referred to in section 12 has been issued in respect thereof. (2) Notwithstanding the provisions of subsection (1) the registrar may, in his discretion and on such conditions as he may determine, in writing permit the import of any consignment of any fertilizer, farm feed, agricultural remedy or stock remedy which does not comply with the requirements referred to in subsection (1) (a). (3) Fertilizers, farm feeds, agricultural remedies or stock remedies imported shall- (a) only be imported through a prescribed port or place;

 

			REGULATION NO. R1716 OF 26 JULY 1991 Prohibition of the acquisition, disposal, sale or use of agricultural remedies or stock remedies except in accordance with certain conditions. I, André Isak van Niekerk, Minister of Agriculture, acting under section 7bis of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947), hereby prohibit the acquisition, disposal, sale or use of an agricultural remedy or stock remedy for a purpose or in a manner other than that specified on the label on a container thereof or on such container.
		STAATSKOERANT, 26 JULIE 2002 No. 23660 7 DEPARTMENT OF AGRICULTURE     DEPARTEMENT VAN LANDBOU No. 994 26 July 2002 FERTILIZERS, FARM FEEDS, AGRICULTURAL REMEDIES AND STOCK REMEDIES ACT, 1947 (ACT No3.6 OF 1947) PROPOSED REGULATION RELATING TO THE PROHIBITION OF THE POSSESSION OF AGRICULTURAL REMEDIES AND STOCK REMEDIES. I, Angela Thokozile Didiza; Minister of Agriculture, acting under sectio2n3 (l)(n), read with section 23(4) of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947), hereby- (a) make known that I intend to make a regulation in the Schedule; and (b) invite interested persons to submit any objections to or representations concerning the proposed regulation in writing to the Registrar: Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies, Private Bag X343, Pretoria, 0001 , within four weeks from the date of publication hereof. A.T. DIDIZA, Minister of Agriculture. SCHEDULE DEFINITION 1. unless the context indicates otherwise- “the Act” means the Fertilizers Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 ( Act No. 36 of 1947).  PROHIBITION OF POSSESSION OF AGRICULTURAL REMEDIES AND STOCK REMEDIES.  2. The possession of an agricultural remedy a stock remedy, other than in the container and with the label as approved by the Registrar is hereby prohibited except (a) when being applied as indicated on the approved label, and (b) in the case of stock remedies when used by or under the direction of a veterinarian registered in terms of the Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982). Any person who fails to comply with the conditions of this Regulation shall be guilty of an offence and liable on conviction to a fine or imprisonment not exceeding two years or to both such fine and imprisonment.
	No. R. 181 7 February 2003 FERTILIZERS, FARM FEEDS, AGRICULTURAL REMEDIES AND STOCK REMEDIES ACT, 1947 (ACT No3. 6 OF 1947) REGULATION RELATING TO THE PROHIBITION OF THE SALE, ACQUISITION, DISPOSAL OR USE OF AGRICULTURAL REMEDIES AND STOCK REMEDIES, I, Angela Thokozile Didiza; Minister of Agriculture, acting under section 23( l)(n) of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947), has made the regulation set out in the schedule.  SCHEDULE PROHIBITION OF THE SALE, ACQUISITION, DISPOSAL OR USE OF AGRICULTURAL REMEDIES AND STOCK REMEDIES. The sale, acquisition, disposal or use of an agricultural remedy or a stock remedy, other than in the container and with the label as approved by the Registrar is hereby prohibited except (a) when being applied as indicated on the approved label, (b) for the purposes of conducting trials, and (c) if prior approval is obtained from the Registrar Any person who fails to comply with the conditions of this Regulation shall be guilty of an offence and liable on conviction to a fine or imprisonment not exceeding two years or to both such fine and imprisonment.

1. The section and regulations, and their implications can be summarised as follows:

4. Pesticides may not be imported into the country unless they are registered under the Act and packaged and labelled as approved by the Registrar.

1. The importation of any aldicarb into the country other than Bayer CropScience’s Temik is thus forbidden.
2. The importation of any unregistered pesticide into the country is forbidden.

5. No person may be in possession of a pesticide that is not in its original container with the original label.

1. Persons in possession of any unmarked (unlabelled) pesticides in containers that are not original containers are contravening the Act.
2. Persons in possession of pesticides in original containers without the original labels are contravening the Act.

6. No person may use a pesticide that is not in its original container with the original label.

1. Person using pesticides that are not in the original containers and/or without the original labels are contravening the Act.

7. No pesticide may be used for a purpose or in a manner other than that indicated on the label thereof.

1. Persons using any pesticides to kill dogs, to commit suicide and homicide, or to do anything with such pesticides that are not strictly indicated on the labels are contravening the Act.

 The problem with street pesticides, pesticide crime syndicates and law enforcement.

1. Street pesticides versus pesticide crime syndicates.

1. It is not unreasonable to assume that the same crime syndicates that use aldicarb formulations for organised crime supply street vendors with amongst others aldicarb formulations.
2. It is safe to assume that most of the vendors who sell street pesticides are unaware that they are one end of the crime syndication.
3. Street vendors are well aware of the fact that they are selling street pesticides illegally, especially aldicarb.
4. It has been recorded on camera and sound that street vendors sell street pesticides to members of the Metro Police and SA Police Service.

1. Crime syndicates and organised crime.

1. Pesticide crime syndicates are very well organised and probably comprise of foreigners and well as local residents.
2. There are unsubstantiated allegations that individual members of the security forces may be involved in the pesticide crime syndicates.

• Law enforcement.

1. It is undoubtedly true that law enforcement after dog poisoning and related crimes is very poor.
2. It is undoubtedly true that law enforcement against illegal street pesticide sales is virtually non-existent. There is video footage to prove that street pesticides are sold under the noses of the law enforcement agencies’ personnel.
3. I suspect that most members of the SA Police Service are not informed about Act No. 36 of 1947 and its supporting regulations. This is perhaps the reason why law enforcement is very poor.
4. Members of the public who report dog poisoning to the SA Police Service are very often treated with contempt and discharged as wasting the time of the SA Police Service.
5. The general public are reluctant to report incidents of guard dog poisoning to the SA Police Service as the belief that law enforcement is non-existent has been established.
6. A number of training courses were organised by Colonel Johan Scott of the Organised Crime Unit in Braamfontein in which we trained about 190 inspectors from all over South Africa on the issues of aldicarb in organised crime. Due to staff turnover and staff relocation the support we hoped to get from such individuals never materialised.

1. Mitigation measures to address the problem.

1. Awareness amongst the SA Police Service members about street pesticides, pesticide crime syndicates and pesticide crimes.

1. It is essential to embark on a nationwide awareness campaign to inform all members of the SA Police Service about street pesticides, pesticide crime syndicates and the specific pesticides involved.

1. Photographs of the pesticides should be provided to the police stations.
2. Copies of the relevant sections and regulations of Act No. 36 of 1947 must be provided to all police stations.
3. Protocols for the investigation and prosecution of pesticide related crimes should be drawn up and provided to all police stations.
4. Records of all guard dog poisoning incidents should be kept to establish criminal activity patterns.

1. All members of the SA Police Service should be instructed to refrain from buying any street pesticides.

• All members of the SA Police Service should encourage street vendors to refrain from selling street pesticides, especially aldicarb.

1. The SA Police Service’s Public Relations Division should embark on a public awareness campaign about the illegal street pesticides and pesticide crime syndication.
2. Border controls should be improved to ensure that immigrants do not illegally import unregistered pesticides into the country.
3. Regular sting operations should be organised to clamp down on street pesticides in those areas where sales are most prevalent.

• A dedicated effort should be launched to infiltrate the crime syndicate in order to identify and apprehend kingpins.
• A workshop should be organised with the judiciary to explain the serious predicament that the country is facing with pesticide crime syndication. It should be impressed upon the judiciary that the maximum penalties should be imposed upon individuals who are found guilty of the crimes mentioned in this document.

1. An offer of support.

1. I hereby offer my support to the SA Police Service with any of the mitigation measures proposed above. I already do the following:

1. Operate the Griffon Poison Information Centre 24 hours per day for recording poisoning incidents and offering advice to callers on managing incidents, diagnosing cases, resuscitation of poisoned animals and people and general advice about pesticides.
2. Collaborate with Bayer CropScience on their Temik Stewardship Programme.
3. Investigate poisoning incidents and offer advice to the SA Police Service on investigation and law enforcement.
4. Collaborate with a number of community policing forums to combat guard dog poisoning.
5. Offer advice to veterinarians who have to treat poisoned dogs and doctors who have to treat poisoned patients.
6. Offer training courses on the aldicarb situation to law enforcement agencies, health officials, environmental practitioners and others that have in interest in this issue.
7. Collaborate with agents of NI on illegal smuggling of pesticides.

1. Conclusion.

1. The street pesticides are an indication that there is a very serious crime syndication situation with certain pesticides in South Africa.
2. The pesticide crime syndicates have established themselves as a major criminal force in South Africa. They have yet to be challenged by the law enforcement agencies.

• The lack of law enforcement is of great concern to the pesticide industry, the general public and the individuals in law enforcement agencies that are working towards solutions for this problem.

1. It will take a combined effort between the citizenry, the law enforcement agencies and other stakeholders to address this problem.
2. It has been mooted by individuals that the pesticides that are generally implicated in the pesticides crime should be banned. This is not fair and not a feasible option and I offer the following reasons for the statement:

1. Pesticides are not the guilty parties in this dilemma. It is criminals who misuse pesticides for their own benefits.
2. Of all the poisoning cases I manage annually not even 0.1% is related to the legal and correct use of such products. It is patently true that pesticide poisoning is the direct result of illegal and irresponsible use of pesticides.
3. Once one pesticide is banned the criminals will find another product to commit their crimes with.
4. Pesticides such as aldicarb are essential for sustainable food production and food security in South Africa and it is inconceivable to produce food without such products.
5. Registration holders of certain pesticides and individuals like me have exhausted all options to ensure that the pesticides are used responsibly. It is now a case of the law enforcement agencies that need to show their muscles against the illegal use of such products.

1. It is fair to say that it is not impossible that crime syndicates may cause a major human or environmental catastrophe with their illegal pesticides if they remain unchallenged.

14 July 2010