In exercise of the power conferred upon the Pesticides Control Authority by section I 6 of the Pesticides Act, end of every oilier power hereunto enabling, the following Regulations are hereby made, with the approval of the Minister; —

1. These Regulations may be cited as the Pesticides (Amendment) Regulations. 2004. and shall be read and construed as one with the Pesticides Regulations. 1996 (hereinafter referred to as the principal Regulations) and all amendments thereto.

2. Regulation 2 of the principal Regulations is amended by inserting the following definitions in their appropriate alphabetical sequence: —

“certificate" means a certificate issued pursuant to regulation 15;

"commercial pest control applicator" means a person who, for purposes of business, uses, applies or supervises the application of a restricted pesticide:

‘private applicator" means it person who. other than for purposes of monetary compensation, uses, applies or supervises the application of a restricted pesticide do on property owned, leased or rented by him. his employer or any other person and includes a small farmer;

"serviceman" means a person certified by the Authority and who is employed to assist a pest control applicator.

3. Regulation 14 of the principal Regulation^ is amended In paragraph (3) by inserting in sub-paragraph (a) immediately after the words “paragraph (7) the words “and regulation I5A"

4. —(1; Regulation 15 of the principal Regulations is amended:-

1. by deleting paragraph (5) and renumbering paragraphs (1) to (4)as paragraphs to (5), respectively;
2. by inserting the following as paragraph (l)—

“ (1 ) No person shall operate as a pest control applicator or serviceman unless he is the holder of a certificate issued by the Authority authorizing him so to act.”;

3. by deleting from paragraph (31 as renumbered the words “The Authority” and substituting therefor the words “Subject to regulation i5A. the Authority";
4. by deleting from paragraph (5), the numeral "(2)“ anti substituting, therefore, the numeral “(3)";
5. in paragraph (3) as renumbered, by deleting the words "paragraph  and “paragraph (5)" and substituting therefor the words “paragraph (3;(ti)’^L and “paragraph (6)”, respectively;

f.  by inserting the following as paragraph (6)—

“ (6) The Registrar may issue or renew a certificate for a shorter or longer term if he considers it in the public interest so to do."

5. The principal Regulations are amended by inserting next after regulation 15 the following as regulations 15A, 15H. 15C 15D. 15F. I5F, 15G, 15H and 15I  

 15A.— (1) Before issuing a licence under regulation 14 or a certificate under regulation 15 the Authority may, if it considers necessary-

1. require an applicant for such Iicence or certificate to—

(i)  sit a written examination in accordance with a programme developed by the Authority; ur

(ii) undergo such other form of assessment as the Authority deems find

2. charge such fees as it deems appropriate. For the examination or assessment

(2) Where the Authority takes action under paragraph (1), it shall publish a notice in a daily newspaper containing information on—

1. the date of each examination or assessment, as the case may require, and any other matters relating thereto; and
2. the amount of the fees and any other matters relating thereto.

(3) Each applicant for a certificate under regulation 15 shall demonstrate to the Authority his competence in the safe application of the type of pesticide to be used, in such manner as to prevent

1. (a) unreasonable adverse effect on the environment; and
2. (b) injury to humans and animals

(4) A certificate shall not be issued to any person who fails to demonstrate his competence to the satisfaction of the Authority.

(5) The Authority may, if it thinks fit, exempt any applicant from the requirements of paragraph (I), (2) or (3),

           15B.—(1) An applicant may apply for a re-examination after two on consecutive failures.

15C. The Authority may, in addition to issuing guidelines on the hazards in the use of pesticides, issue to pest control applicators and servicemen, standards and guidelines on the sale use and handling of pesticides covered by the certificate.

15D. --(1)A pest control applicator shall directly supervise a serviceman where the serviceman performs the same use as that specified in the certificate held be the pest control applicator.

(2) A pest control applicator shall be present at all times on the site on which the pesticide is applied.

(3)  A certified pest control applicator shall be responsible for all actions by a serviceman under his supervision.

I5E. Every pest control operator, pest control applicator and serviceman shall, at all times during the application of pesticides, have his certificate available for production at the request of an inspector.

15F—(l) The Registrar may require a pest control operator to be insured or to provide a guarantee or bond of such amount as the Authority shall specify for--

(a) the reimbursement of persons who may suffer damage as a result of the operation of the pest control operator; and

(b) any costs incurred in cleaning up or in mitigating any adverse effect on the environment

(2) The guarantee-shall he in the form of

(a) cash or certified cheque made payable to the Accountant General:

(b) a security or guarantee insurance policy wifi a stipulation that it is joint and several: or

(c) an irrevocable letter of credit issued by a bank, credit union or other licensed financial institution.

(3)Guarantees shall be deposited with the Accountant General for the term of the certificate or until the expiry of twelve months following the date of the expiry of the certificate or revocation oft he certificate, whichever first occurs.

 

15G.—(1) Subject to paragraph (2), the Authority may—

(a) suspend a certificate issued pursuant to regulation 15 if the holder thereof fails to follow the guidelines issued pursuant to regulation 15C;

(b) revoke a licence issued pursuant to regulation 14 where the licensee—

1. makes any false or misleading, statements during or after an inspection by an inspector;(

2.  fails to conform to guidelines issued by the Authority with respect to a pesticide or categories of pesticides for which the certificate is granted.

 

2. Before taking action under paragraph (I). the Authority shall give notice in writing of the proposed action to the holder of the certificate or the licensee, as the case may require -

(a) giving the reasons therefor;

(b) indicating a period within which the holder may make written or oral representations on the proposed action,

15H —(1) The Authority may, revoke any certificate suspended under regulation 15G( 1 )(a) and shall give notice of such revocation to the holder thereof,

(2) The revocation of a certificate shall take effect upon service of the notice referred to in paragraph (2),

(3) A person to whom a notice is given pursuant to paragraph (2) shall immediately surrender the certificate to the Authority.

15I. An applicant for a renewal of a certificate shall prove to the Authority that lie has attended a minimum number of training sessions approved by the Authority for that purpose.”.

6. The principal Regulations are amended by inserting next after regulation 16 the following as I6A

I6A, (1) Every pest control operator shall keep a record of each pesticide imported or used by that operator,

(2) Such a record shall be kept for a period of three years and shall include --

1. the name of the pesticide;
2. the types of formulation used: and
3. the location where the pesticide was used.

7. The principal Regulations are amended by inserting next alter regulation 17 the following as regulations 18, 19, 20, 21.22,23,24.25,26.27 and 28

18—(1) U Any person who is aggrieved by the performance of the holder of a certificate or u licensee may make a complaint to the Authority or the Consumer Affairs Commission

       (2)The complaint shall contain information as to­-

1. the name and address of the holder of the licence or certificate;
2.  the date, time and duration of incidence;
3. the exact location of the area affected;
4. the weathcr conditions (w rid, temperature and humidity I;
5. the symptoms of harm to people, plants and animals;
6. the type of pesticide used if known,
7. details of any notification provided prior to the application of the pesticide;
8. the name and address of anv other witness.

 

3. The Authority shall conduct investigations in relation To such a complaint and take such action as n considers appropriate in the circumstances, including

1. the suspension or revocation of a licence or certificate:

or

2. the issue of a slop order pursuant to regulation

19. --(1) Any person transporting a pesticide that contaminates any commodity intended for human or animal consumption shall-

1. immediateiy isolate such commodity;
2. immediately inform the Registrar of such contamination; and
3. carry out the instructions of the Registrar in relation to any remedial action.

 

         (2) Any person who contravenes paragraph (l) commits an offence and shall be liable on summary conviction before a Resident Magistrate to a tine not exceeding thirty-five thousand dollars or to     imprisonment lbr a term not exceeding live months or to both such fine and imprisonment.

20-- (1) The Authority shall act in accordance with paragraph (2) where it appears to the Authority that, in relation to a pesticide for which a licence has been issued, a pest control operator, pest control applicator or serviceman, as the case may be—

1. uses the pesticide in a manner inconsistent with the manufacturer's instructions; or
2. is otherwise negligent in (he use of such pesticide,

2. The Authority shall serve or cause to be served on the pest control operator, a stop order in the form set out in the Schedule preventing the sale, distribution or use of the pesticide.
3. A stop order shall state—

(a) the name and address of the person to whom it is directed;

(b) the basis on which the stop order is made;

(c) that the stop ol der takes effect from the 1 ime it is served; and

(d) the period for which the stop order is effective,

   (5) Where a stop order is served on any person referred to in paragraph (2). a copy thereof shall be posted in a conspicuous place on the premises of that person Fir a period of not less than fourteen days.

                    21. The court may if it appears that a public authority has incurred costs and expenses in connection with the prevention, eontrnl, abatement or mitigation of any pesticide pollution caused by the prevention. order the offender to pay to the public authority the costs and expenses so incurred, or compensation for the loss or damage sull'ered in such amount as the Court may specify.

                   22.    (1) Any person who operates as a pest control applicator or serviceman outside the category for which a certificate is granted commits an offence and shall he liable on summary conviction before a Resident Magistrate to a tine not exceeding forty thousand dollars or to imprisonment lor a term not exceeding six months or to both such tine and imprisonment.

2. Any person who operates as a pest control operator without a valid licence, or a pest control applicator or serviceman without a valid certificate commits an offence and shall he liable on summary conviction before u Resident Magistrate to a fine not exceeding thirty- thousand dollars or to imprisonment for a term not exceeding four months or to both such fine and imprisonment,
3. Any person, who distributes or sells restricted pesticides to any person who is not licensed as a pest control operator, or certified as a pest control applicator or serviceman commits an offence and shall he liable on summary conviction before a Resident Magistrate to a fine not exceeding thirty thousand dollars or to imprisonment for a term not exceeding four months or to both such fine and imprisonment
4. Any pest control applicator nr private applicator who detaches, or attaches an incorrect mark, alters, defaces or destroys in whole or in part any label on any restricted pesticide commits an offence and shall he liable on summary conviction before a Resident Magistrate to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding three months or to both such tine and imprisonment.
5. Any person who wilfully obstructs any inspector in the cm;isc ofhix duty commits an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding fifty thousand dollars or to imprisonment for a term noi exceeding six months or 1o both such tine and imprisonment.
6. Any licensee or person w ho holds a certificate who taisities any information relating to the application of any pesticide commits an offence and shall be Liable on summary conviction before a Resident Magistrate to a Line not exceeding forty thousand dollars or to imprisonment l'or a term not exceeding live months or to both sueb tine and imprisonment
7. Any person who fails to keep records as required under regulation 16A commits an offence and shall be liable un summary conviction before a Resident Magistrate to a line not exceeding thirty thousand dollars or to imprisonment for a term not exceeding four months or to both sucLi line and imprisonment.

   23 Any person who negligently uses any pesticide in any manner that endangers the life of any person, flora or fauna or causes harm to the em ironmenl commits an offence and shall be liable on summary coin  iction before a Resident Magistrate to a line not exceeding fifty thousand dollars or to imprisonment tor a term not exceeding six months or to both such fine and imprisonment.

   24 Any person who uses a pesticide in a manner inconsistent with the label commits an offence and shall be liable on summary conviction before a Resident Magistrate nr a tine not exceeding thirty thousand dollars or to imprisonment for a term not exceeding four months or to both such line and imprisonment.

   25. Any person who draws water directly from surface water, a well, public or private w ater system into a pesticide container or an apparatus used for the mixing or application ol a pesticide commits an offence and shall he liable on summary conviction before a Resident Magistrate to a line not exceeding thirty thousand dollars or to imprisonment for a term not exceeding four months or to both such fine and imprisonment,

  26.  Any person who transports or causes or permits a pesticide to be transported in a commercial or private vehicle together with commodities intended lor human os animal consumption that arc not separated in a manner that prevents contamination of those com modi ties by the pesticides, commits an offence and shall be liable on summary convict ion before a Resident Magistrate to a tine not exceeding thirty thousand dollars or to imprisonment for a lerm not exceeding four months or to both such fine and imprisonment.

  27 Any person who fails to comply with a stop order issued under regulation 20 commits an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding fifty thousand dollars or in default or' payment to imprisonment for a term not exceeding six months.

#	Title	Download
1	THE PESTICIDES ACT 2004 THE PESTICIDE ( AMENDMENT) REGULATIONS 2004	PDF