Post: Rethinking PCO Regulations: What The Recent Court Ruling Means For Forestry

April 28, 2026

Rethinking PCO Regulations: What The Recent Court Ruling Means For Forestry

The recent court judgment has introduced a significant shift in how restricted agricultural remedies (RARs), including highly hazardous pesticides (HHPs), may be regulated in South Africa. The ruling clarified that these products cannot be regulated under the existing Pest Control Operator (PCO) framework, prompting the need for an alternative approach that still ensures responsible use and compliance.

In response, the Department of Agriculture, through the Registrar of Act 36, has initiated a multi-stakeholder working group to explore a new regulatory model.

The current proposal centres on replacing PCO registration requirements with a system based on “trained and certified persons” as a condition of product use.

Importantly, TIPWG is actively participating in this working group, contributing forestry-specific insights to help ensure that any proposed framework is both practical and implementable within plantation forestry operations, while remaining aligned with legal and certification requirements.

A shift towards practical, inclusive compliance

While the PCO system has historically played an important role in regulating pest control services, stakeholders across agriculture and forestry have raised concerns about its fit-for purpose application in operational environments. The working group discussions highlighted that any new framework must be:

– Practical for on-the ground implementation
– Accessible and affordable, particularly for smaller growers
– Appropriate for different roles, distinguishing between managers, supervisors and operators
– Aligned with existing legislation, including occupational health and safety requirements

There is strong consensus that compliance should not rely solely on formal qualifications, but rather on skills-based training programmes that include both theoretical knowledge and practical application.

The role of training and certification

A key focus area is defining what constitutes a ‘trained and certified person’. This includes:

– Developing a standardised training curriculum across sectors
– Ensuring training is fit-for purpose, with different levels for different responsibilities
– Incorporating practical, hands-on assessments rather than purely theoretical certification
– Leveraging existing frameworks (e.g. GlobalGAP. and industry standards) where appropriate.

TIPWG’s involvement in these discussions supports the inclusion of existing forestry stewardship systems, SOPs and certification aligned practices, helping to avoid duplication while strengthening compliance.

Importantly, there is recognition that training alone is not sufficient, it must be supported by ongoing monitoring, enforcement and stewardship programmes to ensure compliance is maintained over time.

Implications for the forestry sector

This development is both a challenge and an opportunity.

Forestry operations already operate within structured systems, including: – Certification frameworks such as FSC and PEFC – Internal SOPs and stewardship programmes – Industry-led initiatives such as TIPWG resources

This positions the Sector well to contribute meaningfully to the development of a practical, risk based regulatory framework.

However, it also reinforces the need to:

– Clearly define roles and responsibilities in pesticide handling
– Ensure training programmes are robust and auditable – Maintain alignment between legal requirements and certification expectations

Moving forward

The working group has committed to developing a proposed training and certification framework within the coming weeks, drawing on existing industry systems and best practices.

Through its participation, TIPWG will continue to represent forestry perspectives, ensuring that the final approach reflects the realities of plantation operations while maintaining a strong compliance foundation.

While there is urgency, particularly given scrutiny from the Human Rights Commission, the consistent message from stakeholders is clear: the solution must be well designed, not rushed.

A compliance-first approach

Ultimately, this transition reinforces a key principle: responsible pesticide use is not only about access to products but about the systems, skills and accountability that govern their use.

As the regulatory landscape evolves, TIPWG will continue to support the Industry by translating these developments into clear, practical guidance aligned with both legislation and certification requirements.

Written By: Jacqui Meyer, TIPWG Coordinator

Source: Page 18 of Forestry In Focus