PESTICIDESCHAPTER 35:03
PESTICIDES
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title
2. Interpretation
PART II
ESTABLISHMENT, FUNCTIONS AND POWERS OF THE PESTICIDES CONTROL BOARD
3. Establishment of Pesticides Control Board
4. Composition of the Board
5. Meetings of the Board
6. Allowances of members of the Board
7. Non-liability of members of Board, etc.
8. Technical committees
9. Secretariat of the Board
10. Appointment of Registrar and other staff
11. Functions of the Board
PART III
FINANCIAL PROVISIONS
12. Funds of the Board
13. Levy
14. Books and other records of accounts and audit
15. Annual reports
16. Financial year
PART IV
REGISTRATION OF PESTICIDES
17. Registration of pesticides
18. Application for registration of pesticides
19. Consideration of applications
20. Importation of unregistered pesticides
21. Duration of registration and renewal of registration
22. Cancellation and suspension of registrations and permits
PART V
LICENSING OF MANUFACTURE, IMPORT, STORAGE FOR SALE, AND DISTRIBUTION OF PESTICIDES
23. Prohibition on manufacture, sale, etc., of pesticides without licence
24. Licence to manufacture pesticides
25. Licensing of premises to store for sale and sell of pesticides
25A. Pesticide storage
25B. Containment, storage and transportation of pesticides and requirement to notify the Fire Department and the Board
26. Licensing of commercial applicators
27. Suspension and cancellation of licences
PART VI
PRESENTATION OF PESTICIDES
28. Pesticides containers
29. Labels
30. Advertising of pesticides
PART VII
HEALTH AND ENVIRONMENTAL MATTERS
31. Control of pesticide residues in food
32. Duty of care when selling food and animal feed
33. Inspection and sampling
34. Duties of employers
35. Notification of death, ill-health or injury
36. Inquiries
37. Disposal of pesticides and use of used pesticide containers
PART VIII
ENFORCEMENT
38. Designation of inspectors
39. Powers and duties of inspectors
40. Record keeping
PART IX
ANALYSIS
41. Procedure for taking samples of pesticides
42. Analysis
43. Certificate of analysis
PART X
OFFENCES AND PENALTIES
44. Offences
45. Fixed penalties
46. Personal liability of directors, partners and managers
47. Evidence
48. Closure of premises and seizure of pesticides, etc.
49. Forfeiture, cancellation and other orders
PART XI
MISCELLANEOUS
50. Appeals
51. Exemptions for government activities
52. Pest emergencies
53. Regulations
12 of 2000
8 of 2018
G.N. 14/2002
86/2018
An Act to provide for the control and management of the import, export, manufacture, distribution, storage, disposal and use of pesticides; the establishment of a Pesticides Control Board; and further to provide for matters incidental thereto or connected therewith
PART I
PRELIMINARY
This Act may be cited as the Pesticides Act.
8 of 2018
In this Act, unless the context otherwise requires—
“active ingredient” means the biologically and chemically active part of a pesticide present in a formulation;
“advertising” means the promotion of the sale and use of pesticides by print and electronic media, signs, displays, gift, demonstration or word of mouth;
8 of 2018
“banned pesticide” means a pesticide for which all uses have been prohibited by the Pesticides Control Board in order to protect human or animal health, or the environment; and includes a pesticide that has been refused approval for the first time use or has been withdrawn from use by the Pesticides Control Board where there is clear evidence that such action has been taken in order to protect human or animal health or the environment;
“Board” means the Pesticides Control Board established under section 3;
8 of 2018
“commercial pesticide applicator” means a person who applies pesticides to crops, plants, soil, water, animals or the environment at large as a trade or for gain as licensed by the Board under section 11 of the Act;
“common name” means the name assigned to a pesticide active ingredient by the International Standards Organization to be used as a generic or non-proprietary name for that particular active ingredient only;
8 of 2018
“container” means any portable device in which material can be stored, handled, treated, transported, recycled, or disposed of;
8 of 2018
“disposal” means any operation to recycle, neutralize, destroy or isolate pesticide waste, used container and contaminated materials;
8 of 2018
“distribution” means the process by which pesticides are supplied through trade channels to local or international markets;
8 of 2018
“distributor” means any natural or legal person who makes a pesticide available on the market, including wholesalers, retailers, vendors and suppliers;
“environment” means the physical factors of the surroundings of the human being, including land, water,…
Members-only content
Continue reading this exclusive content by subscribing to one of our membership plans.