Pesticides (Labelling and Storage of Containers) Regulations (Cap 9.18)

42 SIXTH SCHEDULE (Section 55) The Pesticides (Labelling and Storage of containers) Regulations. 1. Citation. These Regulations may be cited as the Pesticides (Labelling and Storage of Containers) Regulations. 2. Interpretation. In these Regulations, “Act” means the Pesticides Act; “accompanying instructions” means any separate document, containing information that is supplied with a container; “active ingredient” means the substance in a pesticide that acts on a pest; Laws of Saint Christopher and Nevis Pesticides and Toxic Chemicals Control Act Cap 9.18 43 Revision Date: 31 Dec 2009 “certificate” means a certificate of approval granted by the Board under regulation 4; “regulation” means one of these Regulations; the words “article”, “Board”, “container”, “label”, “pest” and “pesticide” have the meanings respectively assigned to those words in section 2 of the Act. 3. Labelling of Pesticides. (1) No person shall (a) sell, whether wholesale or retail, any article consisting of or comprising a pesticide; (b) supply any such article as a sample for the purpose of inducing persons to buy, whether wholesale or retail, the pesticide of which it consists or which it comprises; or (c) otherwise distribute any such article unless there is written in the English language so as to be distinctly legible and conspicuously visible on the outer surface of the container or on a label affixed thereto, or, if the article is sold or supplied or distributed as aforesaid in more than one container, on the outer surface of the inner container or on a label affixed thereto (i) the words “CAUTION: KEEP OUT OF THE REACH OF CHILDREN.”; (ii) the trade or proprietary name of the pesticide; (iii) the appropriate designation of each of the active ingredients thereof; (iv) in a case where the appropriate designation of each of the active ingredients is written as aforesaid the appropriate quantitative particulars of the ingredients; (v) the name of the seller, supplier or distributor and the address of the premises on which it was sold, supplied or distributed; (vi) adequate directions concerning the manner in which the pesticide is to be used; and (vii) precautions to be observed in the handling and use of the pesticide. (2) In the preceding sub-regulation, (a) the expression “appropriate designation”, in relation to the active ingredient of a pesticide, means, (i) in a case where the ingredient is described in any publication of the International Standards Organisation or of the British Standards Institute which was last published before the date on which the article was sold, supplied or distributed the description set out in that publication as the name of the ingredient; and 44 Cap 9.18 Pesticides and Toxic Chemicals Control Act Laws of Saint Christopher and Nevis Revision Date: 31 Dec 2009 (ii) in a case where the ingredient is not so described, the accepted scientific or other name descriptive of the true nature of the ingredient according to the International Union of Packers of Containers system of nomenclature; (b) the expression “appropriate quantitative particulars”, in relation to the active ingredients of a pesticide, means “the approximate percentage of each of those ingredients contained in the pesticide, or the approximate quantity of each of those ingredients contained in the pesticide sold, supplied or distributed”; (c) where any proportion of an ingredient is stated as a percentage, the statement shall indicate whether the percentage is calculated on the basis of weight in weight, weight in volume, or volume in volume. (3) Where the size of a container does not permit it to be labelled with all the particulars prescribed by this regulation the provisions of sub-paragraphs (vi) and (vii) of sub-regulation (1) of this regulation (which require every container to be labelled with adequate directions and precautions relating to the use and handling of pesticides) shall not apply if the person who sells, supplies or distributes such container also supplies accompanying instructions together with the container. (4) The provisions of paragraph (c)(v) of sub-regulation (1) of this regulation (which requires the container of a pesticide to be labelled with the name of the seller, supplier or distributor and the address of the premises on which it was sold, supplied or distributed) shall not apply in the case of an article sold for the purpose of being sold again in the same container. 4. Storage of Pesticides. (1) It shall not be lawful to store any pesticide except in a container impervious to the pesticide or any ingredient in the pesticide and sufficiently stout to prevent leakage from the container arising from the ordinary risks of handling. (2) It shall not be lawful to store any pesticide intended for sale or other distribution in any shop or premises used in connection therewith unless the pesticide is stored (a) in a cupboard or drawer reserved solely for the storage of pesticides; (b) in a part of the premises which is partitioned off or otherwise separated from the remainder of the premises; (c) on a shelf reserved solely for the storage of pesticides and no food or cooking utensils, or clothing or water to be used for drinking or cooking purposes is kept directly under the shelf; or (d) in a place specified in a valid certificate signed by the Chairperson of the Board certifying that it is a place approved by the Board for the storage of the pesticides mentioned in the certificate. Laws of Saint Christopher and Nevis Pesticides and Toxic Chemicals Control Act Cap 9.18 45 Revision Date: 31 Dec 2009 (3) A certificate may be granted by the Board for such period as may be specified therein and shall be subject to such conditions as may be imposed by the Board but any such condition may be removed or varied during the currency of the certificate. (4) An application for a certificate may not be refused except on specified grounds. 5. Application. These Regulations shall not apply to any substance used for the destruction or control of endoparasites of animals.