Legal Document

Title: The Pesticides Regulations, 1996
Type: Act
Issuing Agency: Ministry of Justice
Responsible Agency: Ministry of Health & Wellness
Issuing Date: 22-01-1996

THE PESTICIDES ACT
THE PESTICIDES REGULATIONS, 1996


THE JAMAICA GAZETTE SUPPLEMENT
PROCLAMATIONS, RULES AND REGULATIONS
MONDAY, JANUARY 22, 1996

 

ARRANGEMENT OF SECTIONS

  1. Preliminary
  2. Importation of Pesticide
  3. Manufacture of Pesticide
  4. Selling of Restricted Pesticides
  5. Pest Control Operation
  6. Pest Control Applicator and Serviceman
  7. General

 

 

 


 In exercise of the power conferred upon the Pesticides Control Authority by section 16 of the Pesticides Act, the following Regulations are hereby made with the approval of the Minister:-

1.    These Regulations may be cited as the Pesticides Regulations, 1996, and shall come into Regulations operation on  the 22nd day of January, 1996.

2.    In these Regulations-

“accompanying instructions" means any separate document containing instructions that is supplied with a package;

"licensee" means a person to whom a licence is issued under these Regulations;

"trade name" means the internationally recognized or nationally registered commercial name under which a pesticide is marketed.

3.    (1) A person who is desirous of registering a pesticide shall apply to the Authority in the form set out as Form 1 in the First Schedule.

(2) Every application under paragraph (1) shall be accompanied by a fee of ten thousand dollars.

(3) Where on receipt of an application under paragraph (1) the Authority requires additional information, the Authority shall so notify the applicant who shall, within sixty days of the date of receipt of the notification, supply the Authority with the information.

(4) Where an application is made for the registration of a pesticide under paragraph (1) and that pesticide is not approved or registered in its country of origin, the applicant shall inform the Authority of—

(a) the reason for the non-approval or non-registration; and

(b) any approval or registration of the pesticide in a third country.

4.    (1) The Authority, on receipt of an application and any additional information which may be required under regulation 3,.may—

(a) register the pesticide;

(b) register the pesticide for experimental purposes or for use in research only; or

(c) refuse to register the pesticide.

(2) Where the Authority—

(a) registers a pesticide, the Authority shall issue the applicant with a certificate of   registration (whether or not subject to any term or condition) in the form set out as Form 2 in the First Schedule;

(b) registers a pesticide for experimental purposes or for use in research only, the Authority shall issue to the applicant a certificate of registration in such form as may be determined by the Authority and notwithstanding regulation 8, may issue an import licence, subject to such conditions as may be specified therein, for importation of such quantities of the pesticide as are necessary for experimentation or research.

(3) Where the Authority refuses to register a pesticide, the Authority shall inform the applicant in writing of its refusal and the reasons therefor.

(4) Subject to regulations 5 and 6. a certificate of registration issued under paragraph (2) (a) shall be valid for a period of five years from the date thereof.

5.    (1) The Authority may suspend any registration granted under regulation 4 (2) for any breach of a term or condition of that registration and the Authority shall notify the holder of the relevant certificate m writing stating the nature of the breach and that until the breach is remedied^ the registration is suspended.

(2) Where any registration is suspended tinder paragraph (1) the holder of the relevant certificate shall forthwith return that certificate to the Authority.

(3) Where the breach is remedied, the person concerned shall so inform the Authority in writing and the Authority shall cause an inspection to be carried out to determine whether the breach is remedied, and, if on such inspection the Authority is satisfied that the breach has been remedied, the Authority shall return the certificate to that person.

6.    (1) The Authority may cancel any registration granted under regulation 4 (2) if-

(a) the Authority is satisfied that the use of the pesticide has or is likely to have, a detrimental effect on the environment or is likely to be a danger to public health;

(b) there is a change in the trade name of the pesticide; or

(c) the pesticide is withdrawn by the manufacturer.

(2) Where the Authority cancels registration under paragraph (1), the Authority shall in writing notify the person to whom the relevant certificate was issued stating the reasons for the cancellation and requesting that the certificate be returned to the Authority forthwith.

7.    (1) Unless cancelled under regulation 6 (1), registration granted under registration 4 (of 2) expiration may be renewed on application therefor within thirty days before the date of expiration.

(2) An application for re-registration of a pesticide shall—

(a) be in the form set out as Form 3 in the First Schedule; and

(b) be accompanied by a fee of seven thousand five hundred dollars

(3) A person who applies for re-registration of a pesticide shall, where requested by the Authority, provide additional information relating to the pesticide within three months of that request or such longer period as the Authority may determine.

 

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Importation of Pesticide

8.    (1) Every person who is desirous of importing a pesticide into the Island shall apply to the Authority in the formed out as Form 4 in the First Schedule for a licence so to do.

(2) Every application under paragraph (1) shall be accompanied by a fee of an amount equivalent to 0 5 per cent of the value (cost, insurance and freight) of that pesticide.

(3) The authority may require an applicant for a licence under this regulation to furnish to the Authority such additional information as the Authority considers necessary for the purposes of this regulation.

(4) The Authority oh receipt of an application under paragraph (1) may—

(a) issue a licence in such form as may be determined by the Authority, or

(b) .refuse to issue a licence.

(5) Where the authority refuses to issue a licence under paragraph (4)(b), the Authority shall inform the applicant in writing of the refusal and the reasons therefor.

(6) A licence issued under this regulation—

(a) may be subject to such terms or conditions as the Authority thinks fit; and

(b) subject to paragraph (7), shall be valid for a period of six months from the date of issue.

(7) A licence issued under this regulation may be revoked for any breach of a term or condition thereof.

 

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Manufacture of Pesticide

9.    (1) A person who is desirous of manufacturing a pesticide shall make an application to the Authority in the form set out as Form 5 in the First Schedule for a licence so to do.

(2) An application under paragraph (1)—

(a) shall state in detail all the raw materials to be used in the manufacture of the pesticide, including any active or inert ingredients; and

(b) shall be accompanied by a fee of seven thousand five hundred dollars.

(3) A person who applies for a licence under paragraph (1) shall, where requested by the Authority, provide additional information within three months of that request or such longer period as the Authority may determine.

(4) The Authority may, on receipt of an application under paragraph (1) and any additional information under paragraph (3)—

(a) issue a licence for the manufacture of the pesticide in the form set out as Form 6 in the First Schedule, subject to such terms or conditions as the Authority thinks fit; or

(b) refuse to issue a licence.

(5) The Authority shall, on refusing to issue a licence under paragraph (4) (b), notify the applicant in writing of the refusal and the reasons therefor.

(6) Subject to regulations 11 and 12, a licence issued under paragraph (4) (a) shall be valid for a period of five years from the date thereof.

10.  A licence issued under regulation 9 to manufacture a pesticide may be renewed on application therefor within thirty days before the date of expiration thereof and the provisions of paragraphs (4) and (6) of that regulation shall apply with respect thereto.

11.  (1) A licence to manufacture a pesticide may be suspended for any breach of a term or condition of that licence and where the Authority suspends a licence the Authority shall notify the licensee in writing stating the reason for the suspension and the time within which the breach is to be remedied and that the licence is to be returned forthwith lathe Authority .

(2) The licensee shall, upon remedying the breach which gave rise to the suspension, inform the Authority in writing and the Authority shall cause an inspection to be carried out to ascertain whether the breach is remedied.

(3) Where upon an inspection under paragraph (2) the breach is found to be remedied, tire Authority shall return the licence to the licensee.

12. The Authority shall revoke a licence to manufacture a pesticide if—

(a) the application for the licence or a renewal thereof contains a false or misleading representation or a misrepresentation of any material particular;

(b) the person to whom the licence was granted—

(i) manufactures a pesticide which is not authorized by the licence issued to him;

(ii) ceases to manufacture the pesticide authorized by the licence issued to him; or

(iii) sells the pesticide manufacturing business in respect of which a licence was issued;

(c) the Authority is satisfied that the use of the pesticide to which the licence relates has or is likely to have a detrimental effect on the environment or is likely to be a danger to public health.

 

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Selling of Restricted Pesticides

13. (1) A person desirous of selling a restricted pesticide shall make an application to the Authority in the form set out as Form 7 in the First Schedule for a licence to sell such a pesticide and to register the premises in which the pesticide is to be sold as a registered premises

(2) An application made under paragraph ( I ) (a ) shall—

(a) state in detail measures to be taken to meet safety standards in the storing and handling of restricted pesticides.

(b) state the address of the premises where the restricted pesticides are to be sold;

(c) be accompanied by a fee of seven thousand dollars.

(3) The Authority shall, on receipt of an application under paragraph (1), cause an inspection of the premises to be carried out.

(4) The Authority may, after an inspection has been carried out under paragraph (3)—

(a) issue a licence in the form set out as Form 8 in the First Schedule; or

(b) refuse to grant a licence.

(5) A licence issued under paragraph 4 (a)—

(a) may be subject to such terms or conditions as the Authority sees fit;

(b) shall, subject to sub-paragraph (d), be valid for a period of three years from the date of issue;

(c) may be renewed;

(d) may be revoked for a breach of a term or condition thereof.

(6) Where the Authority refuses to issue a licence under paragraph (4) (b), the Authority shall inform the applicant in writing of the reasons for the refusal.

 

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Pest Control Operation

14. (1) A person desirous of operating as a pest control operator shall make an application to the Authority in the form set out in Form 9 in the First Schedule.

(2) An application made under paragraph ( 1 ) shall be accompanied by—

(a) a statement setting out in detail measures to be taken to meet safety standards in the storing and handling of pesticides; and

(b) . the appropriate fee in relation to the category of operation specified in the Second Schedule.

(3) The Authority may, on receipt of an application under paragraph (1)-

(a) subject to paragraph (7), issue a licence in the form set out as Form 10 in the First Schedule, subject to such terms or conditions as it thinks fit; or

(b) refuse to issue a licence.

(4) A pest control operator shall—

(a) be a certified applicator in the category for which the licence is required; or

(b) have a certified applicator in his employ

(5) A licence issued under paragraph (3) (a) shall, subject to paragraph (6), be valid for a period of three years from the date of issue and may be renewed.

(6) A licence issued under paragraph (3) (a) may be revoked for any breach of a term or condition of the licence.

(7) The Authority shall not issue a licence under paragraph (3) unless it has caused an inspection to be carried out of and has approved the premises where pesticides for use in pest control or aerial spraying arc to be stored.

(8) Where a pest control operator intends to store pesticides at premises other than those inspected and approved under paragraph (7), he shall make an application to the Authority in such form as the Authority may determine, and the provisions of paragraphs (2) (a). (3), (5). (6) and (7) shall apply in relation to that application.

(9) Where the Authority issues a licence in respect of an application under paragraph (8) and the premises named in the licence issued under paragraph (3) (a) is no longer to be used to store pesticides, the pest control operator shall forthwith return to (he Authority the licence issued under that paragraph and thereupon, the Authority shall cancel that licence.

 

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Pest Control Applicator and Serviceman

15. (1) An application for a certificate to operate as a pest control applicator or serviceman shall be in the form set out as Form II in the First Schedule and-

(a) in the case of a pest control applicator, be accompanied by the fee specified in the Second Schedule in relation to the category of operation; or

(b) in the case of a serviceman, be accompanied by a fee of six hundred dollars.

(2) The Authority may, on receipt of an application under paragraph (1)-

(a) issue a certificate in the form set out as—

(i) Form 12 in the First Schedule, in the case of a pest control applicator; or

(ii) Form 13 in the First Schedule, in the case of a serviceman; or

(b) refuse to issue a certificate.

(3) A certificate issued under paragraph (2 ) (a) shall, subject to paragraph (5), be valid for a period of two years from the date of issue and may be renewed on application therefor.

(4) Where under regulation 14 ( ]) ( b) the Authority refuses to issue a licence, or under paragraph (2) (b) of this regulation, refuses to issue a certificate, the Authority shall notify the applicant in writing stating the reasons therefor. '

(5) A certificate issued under paragraph (2) (a) may be revoked for any breach of a term or condition of the certificate.

 

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General

16. (1) The registers which the Registrar shall keep pursuant to section 11 of the Act shall contain the matters specified in paragraph (2) in relation to each such register.

(2) The matters referred lo in paragraph ( I ) are as follows—

(a) in the case of the Register of Pesticides—

(i) the trade name of the pesticide;

(ii) the physical form of the pesticide;

(iii) the type of pesticide;

(iv) the date of registration of the pesticide;

(v) the registration number of the pesticide;

(vi) the names and concentrations of active and inert ingredients in the pesticide;

(vii) the name of the manufacturer of the pesticide;

(viii) the country of origin of the pesticide;

(ix) restrictions on the use of the pesticide, if any;

(x) the date of re-registration of the pesticide;

(xi) the name of the person registering the pesticide.

(xii) the names of pesticides, the use of which are prohibited;

(xiii) the dale of suspension or revocation of registration;

(xiv) the fee paid;

(b) in the case of the Register of Licences—

(i) the date of application for a licence to import or manufacture a pesticide;

(ii) the name and address of the person applying for a licence to import or manufacture a pesticide;

(iii) the trade name of the pesticide;

(iv) the quantity of the pesticide to be imported or manufactured;

(v) in .the case of importation of a pesticide the value thereof, that is to say, the total of the cost, insurance and freight;

(vi) ' the fee paid;

(vii) the date on which a licence to import or manufacture is issued;

(viii) (he number of the licence.

(ix) the date of renewal of a licence;

(x) the date of suspension or revocation of a licence;

(c) in the case of the Register of Authorized Persons and Registered Premises—

(i) the name of the authorized person;

(ii) the address of the authorized person ;

(iii) the date of application for a licence to sell restricted pesticides;

(iv) the date of issue of the licence;

(v) the number of the licence;

(vi) the date of renewal of the licence;

(vii) the date of suspension or revocation of the licence;

(viii) the address of the registered premises;

(ix) the date of inspection of the registered premises and the names of the restricted pesticides found on those premises;

(x) the findings of an inspection;

(d) in the case of Register of Pest Control Operators—

(i) the name and address of the pest control operator.

(ii) the date of application for a licence;

(iii) the category in respect of which the licence is granted ;

(iv) the dale of issue of a licence under paragraphs (3) (a) and (9) of regulation 14;

(v) the number of the licence;

(vi) the names of certified applicators;

(vii) the date of application for a licence to operate as a pest control applicator or as a serviceman;

(viii) the date of issue of the licence and the number thereof.

(ix) the type of licence;

(x) the date of renewal of a licence;

(xi) the fee paid for a licence;

(xii) the date of suspension or revocation of a licence;

(xiii) the date on which an inspection of premises on which pesticides are to be stored is carried out;

(xiv) the finding of an inspection.

(3) The Registrar shall keep such other records as the Authority considers necessary.

(4) The Registrar shall, during working hours, make a copy of each register available for inspection by the public.

17. (1) Every container in which a registered pesticide is packaged, transported, stored, sold or otherwise distributed shall carry a label which complies with the requirements of the national labelling standards as specified by the Bureau of Standards.

(2) Where any container in which a registered pesticide is packaged has accompanying instructions, the manufacturer or distributor of that pesticide shall ensure that those instructions conform with the requirements of the national labelling standards.

(3) The Authority may require that there be included in the label referred to in paragraph (1), such additional information as the Authority considers necessary in the interest of public safety.

FIRST SCHEDULE             (Regulations 3(1), 4(2), 7(2), 8(1), 9(1)

and (4), 13(1), 14(1) and (3), 15(1)

and (2))

 

 

 

 

Dated the 22nd day of January, 1996

DR. BARRY WINT,

Chairman, Pesticides Control Authority.

 

Approved:

PETER PHILLIPS,

Minister of Health.

 

 

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