Pesticides (Licensing of Premises) Regulations (Cap. 30:03)

MINISTRY OF LEGAL AFFAIRS 46 [SubsidiilQ"] Chap. 30:03 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Pesticides and Toxic Chemicals PESTICIDES (LICENSING OF PREMISES) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION I . Citation. 2. Interpretation. PART 1 LICENSING 3. Licensing of premises. 4. Application for licence . 5. Application period . 6. Inspection of premises. 7. Grant of licence. 8. Licence in respect of classes of pesticides . 9. Display of licence. 10. Publication by Registrar. II . Cancellation or variation of licence . 12. Notice of cancellation or variation of licence. 13. Appeals from decision of Board. PART 11 REQUIREMENTS FOR PREMISES LICENSED FOR THE SALE, STORAGE, MANUFACTURE, PACKAGING OF PESTICIDES IN CLASSES lA, IB, II AND III 14. Licensed premises . 15. Construction of premises. 16 . Disposal of waste. 17. First Aid. 18. Licence with limitation. 19. Storage area. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pesticides and Toxic Chemicals Pesticides (Licensing o] Premises} Regulations REGULATION PART III www.legalaffairs.gov.tt Chap. 30:03 47 [Subsidiar'y] PREMISES FOR SALE OF PESTICIDES IN CLASSES lA, lB 20. Construction of premises. FIRST SCHEDULE. SECOND SCHEDULE. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 48 [SubsidiilQ"] Chap. 30:03 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Pesticides and Toxic Chemicals 22711 987. f6 of 19931. PESTICIDES (LICENSING OF PREMISES) REGULATIONS made under section J2 Citation. 1. These Regulations may be cited as the Pesticides (Licensing of Premise s) Regulations. Interpretation. 2. In these Regulations "Act" means the Pesticides and Toxic Ch emicals Act ; "Board" means the Pesticides and Toxic Chemicals Control Board established under section 3 of the Act; "licence" means a licence issued by the Board under regulation 7; "premises" includes any building , temporary building or any stationary vehicle or other places open to the public in which pesticides are offered for sale by retail or wholesale , or are packaged, stored or manufactured; "Registrar" means a person designated to be the Registrar of Pesticides and Toxic Chemicals under the Act; a reference to a class of pesticides is a reference to the classification of the pesticide. PART I LICENSING Licensing of premises. Application for licence. [6 of 19931. Schedule. 3. No person may (a) sell by wholesale or retail ; (b) store, package or manufacture a pesticide, except in premise s licensed by the Board for the sale, storage, packaging or manufacturing of pesticides. 4. (1) Subject to regulation 8, the owner or occupier of any premises who de sires to sell , store, package or manufacture a pesticide or a class of pesticides on those premises shall before doing so apply to the Registrar for a licence in respect of those premises in the manner prescribed in Form A of the Schedule hereto . UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pesticides and Toxic Chemicals Pesticides (Licensing o] Premise s} R egulatio ns www.legalaffairs.gov.tt Chap. 30:03 49 [Subsidiar'y] (2) An application to which subregulation (1) relates shall be accompanied by a receipt for a fee of four hundred dollars and such fee shall be payable to the Comptroller of Accounts or any District Revenue Office. 5. The owner or occupier of premises used for the sale, storage, packaging or manufacturing of pesticides before the commencement of these Regulations may apply within one hundred and twenty days to the Registrar for a licence in the manner prescribed. 6. (I) Where an application for a licence has been made the Registrar shall arrange for an inspection of the premises by an In spector, an analyst, a medical examiner, or a member of the Board who shall prepare a report to be submitted to the Board as early as possible. (2) Upon consideration of a report submitted under subregulation (1) if in the opinion of the Board, the premises, facilities or staffing need to be altered to comply with the requirements of these Regulations, the Registrar shall issue a notice to the owner or occupier specifying the alterations to be made, and shall withhold the issue of any licence until the alterations are satisfactorily completed. 7. Where the Board is satisfied that in relation to an application before it, requirements of these Regulations have been complied with the Board shall approve the grant of the licence on such terms and conditions as it sees fit and the Registrar shall issue the licence in the form set out in Form B of the Schedule. 8. (1) Premises licensed for the sale, storage, manufacture or packaging of (a) pesticides in Classes IA and I B are deemed to be licensed for the sale of pesticides in Classes II and III and unclassified pesticides; UPDATED TO DECEMBER 31ST 2009 Application period. Inspection of premises . Grant of licence. Form B. Schedule. Licence in re spect of classes of pesticides. L.R.O. 112009 MINISTRY OF LEGAL AFFAIRS 50 [flubsidiary1 Chap. 30:03 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Pesticides and Toxic Chemicals Pe.\{lc lde » (Licensing ofPI em ises ) R eg «lations Display of licence. Form C. Firs t Schedule. Form B. First Schedule. Publi cation by Registrar. Cancellation or variation of licence. (b) pesticides in Class II are deemed to be licensed for the sale of pesticides in Class III and unclassified pesticides, but not for the sale of pesticides in Classes IA and IB; (c) pesticides in Class III are deemed to be licensed for the sale of unclassified pesticides but not for the sale of pesticides generally; (d) unclassified pesticides are not to be deemed licensed for the sale of pesticides in Class lA, IB, II or III. (2) Notwithstanding subregulation (1) the Board may issue a licence for particular premises allowing the sale of specified classes of pesticides or specified pesticides on those premises. 9. Where a licence has been issued relating to any premises, the owner or occupier selling pesticides shall display (a) on the outside of the premises a notice in the form and manner as prescribed in Form C of the First Schedule hereto ; (b) inside the premises the licence, in the form and manner prescribed in Form B of the First Schedule. 10. The Registrar shall publish in the Gazette from time to time for puhlic information (a) a list of premises licensed for the sale, storage, packaging or manufacturing of pesticides in different classes; (b) a list of premises, the licenses of which have been cancelled or varied. 11. Where the owner or occupier of premises licensed under this Act has been convicted of any offence against the Act or the Regulations, the Board may direct the Registrar to cancel or vary any licence issued in respect of those premises. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pesticides and Toxic Chemicals Pesticides (Licensing o] Premise s} R egu la tio ns www.legalaffairs.gov.tt Chap. 30:03 51 [Subsidiar'y] 12. Notice of cancellation or variation of a licence shall be sent to the owner or occupier of the premises, and such cancellation or variation shall have effect on his receipt of the notice. 13. (1) Where the Board refuses to grant a licence, an aggrieved applicant may appeal to the Appeals Tribunal within ten days of the receipt of the letter of refusal under section 4(4) of the Act. (2) At the request of the Appeals Tribunal the Board should submit to it all documents relevant to the application under review. (3) Where the Tribunal is of the view that new circumstances warrant a review of the application the Tribunal may nominate an Inspector, an analyst, or medical examiner to inspect the premises anew and to submit a report to the Tribunal and the Tribunal shall forthwith consider the report and give such directives to the Board as it sees Iit. PART II REQUIRE.MENTS FOR PREMISES LICENSED FOR THE SALE, STORAGE, NL\NUFACTURE, PACKAGING OF PESTICIDES IN CLASSES lA, m, II AND III 14. Premises licensed for the sale, manufacture or storage of pesticides shall be constructed in accordance with the requirements of regulations 15 to 19. 15. Premises shall be constructed as follows: (a) the site shall not be such as to cause or allow entry to run-off and liquid effluent into adjoining or adjacent property; (b) facilities for run-offfrom the premises, especially from the storage :1r~:1S , shall he constructed so :1S to avoid contamination of public waterways, and such run-offs shall not enter septic tanks; (c) areas and sections of the premises used for the storage or the exposure for sale of pesticides in UPDATED TO DECEMBER 31ST 2009 Not ice of cancellat ion or variatio n of licence. Appeals from decision of Board. LIcensed premises. Construction of premises. L.R.O. 112009 MINISTRY OF LEGAL AFFAIRS 52 [flubsidiaryI Second Schedule. Chap. 30:03 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Pesticides and Toxic Chemicals Pe.\{lclde» (Licensing ofPI em ises ) Reg «lations Class IA, IB , II or III shall be clearly defined and shall be separated from other areas and sections of the premises and shall be identifiable by permanent signs, together with the appropriate warning marks contained in the Second Schedule hereto, fixed above their entrances; (d) buildings shall be of sound materials and shall be constructed in such a way as to minimise contamination of adjacent premises; (e) floors shall be capable of being easily cleaned; (f) the sales area shall be separated from areas used for mixing, formulatory or repackaging pesticides, so as to minimise the movement of pesticide, dust or vapours into the sales area where customers have access; (g) natural or artificial lighting "hall he adequate to ensure easy reading of labels, instructions and for identification of materials; (h) electrical wiring shall comply with the National Wiring Code of Trinidad and Tobago; (i) filament lamps shall be placed or guarded so as to prevent ignition of any flammable materials, and any guard or shade used for this purpose shall be suitable to withstand the heat from the lamp; (j) switchgear, switches and power points (such as socket outlets) shall be approved for use in hazardous situations and shall not be placed where flammable dusts and vapours accumulate; (k) an adequate supply of water shall be readily available on the premises at all times for the purpose of washing of the body and washing away spillages into sumps; (l) eye fountains with a regular supply of clear water shall be available at all times . UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pesticides and Toxic Chemicals Pesticides (Licensing o] Premise s} R egulatio ns www.legalaffairs.gov.tt Chap. 30:03 53 [Subsidiar'y] 16. (1) Facilities for the disposal of empty packages and Disposal of waste. containers and spilled or waste pesticides and toxic chemicals shall be such as to avoid contamination of the environment. (2) Covered dustbin s and other receptacles for waste and spillages shall be made of materials able to resist corrosion by pesticide waste and shall be made sufficiently secure to discourage the removal of waste material by unauthorised persons and to prevent spillage of pesticides. 17. (1) First Aid facilities shall be readily available on the Firs t Aid. premises to assist in countering the adverse effects of pesticides in intimate contact with humans through cuts, wounds, eyes, nostrils and otherwise . (2) Advice on antidotes and instructions will be provided to the owner or occupier by the Minister responsible fur the subject uf health. 18. (1) General stores and shops , department stores , Licenc.e with limitation. supermarkets and shops in shopping malls shall be licensed only for the retail sale of pesticides in Class Ill, or unclassified pesticides, which are prepackaged and labelled for retail sale. (2) Pesticides to be sold Il1 accordance with subregulation (1) shall be (11) in rig id packages which are properly sealed , (for example in bottles or aerosol cans); or (h) in sealed flexible packages, including sealed foil-lined packs, sealed barrier-lined packs, and any other similar flexible packages authorised by the Board. 19. The storage areas and shelf areas for packages of Storage area. pesticides to be sold as in regulation 18(1) shall be effectively and conspicuously separated from the storage areas and shelf areas used for all foods or animal feeds. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 54 [flubsidiary1 Chap. 30:03 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Pesticides and Toxic Chemicals Pe.\{lc lde » (Licensing ofPI em ises ) R eg «lations PART III Construction of p re mises . PREMISES FOR SALE OF PESTICIDES IN CLASSES lA, lB 20. Premises to be licensed for the sale of pesticides in Classes IA and IB shall be constructed in accordance with the following requirements: (a) areas and sections of the premises used for the storage or the display for sale of pesticides in these classes shall be (i) protected from excessive damp , heat , ventilated for removing the fumes of volatile pesticides and dust and exhaust/ventilation systems shall be provided; (ii) provided with an adequate supply of water (at a pressure considered suitable by the Fire Service) which shall be easily available at all times for fighting fires and for washing away absorbed material used for absorbing waste and spillages from the storage area; (iii) securely enclosed, and capable of being locked to prevent theft or unauthorised removal of pesticides; (b) storage areas shall be separated from living areas, sleeping areas, cooking and eating areas and offices; (c) facilities shall be available for maintaining records, for controlling stock movement and transfers and up-to-date records of receipts and sales shall be kept. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pesticides and Toxic Chemicals Pesticides (Licensing o] Premises} R egula tions FIRST SCHEDULE FORM A www.legalaffairs.gov.tt Chap. 30:03 55 [Subsid ia r'y] (Regu latio n 4) . (To be subm itted in duplicate) APPLICATION FOR LICENCE OF PREMISES Name of Applicant . (Surname [lrst, ifa person) Ad dress ut' Applica nt . Address of Premises to be Licensed . IIWe . hereby apply to the Pesticides and Toxic Chemicals Board for a licence to usc the above premises for the sale,* storage,* pa ckaging? and manufacture* of pesticides in the following classes IA". IB*, II*, and III*. Do the Premise s in respect of w hic h the application it; made co nform to the requirements of Part II of the Pesticid es Licensing of Premises Regulations? If not give particulars. The number of persons employed by me/us is and their names and qua hrrcatrons arc as set out below: I . 2 . 3 . 4 . 5 . 6 . 7 . 8 . Y . 10 . (use overleaf ifnecess ary) "Cross out which do/docs not apply. UPDATED TO DECEMBER 31ST 2009 (Bein g owner! occup ier) L.R.O. 112009 MINISTRY OF LEGAL AFFAIRS 56 [flu bsidiary1 Chap. 30:03 LAWS OF TRINIDAD AND TOBAGO www .legalaffairs .gov.tt Pesticides and Toxic Chemicals Pe.\{lc ld e» (L ice nsing ofPI emises ) R eg «la tions The receipt for the prescribed fee of dollars is submitted with this application . Signed . Applicant Fur use by the Board A licen ce is hereb y gra nted to . Dal e to sell*, store*, package* or manufacture* pesticides in Classes l A*, lB*, II*, IIP , for a period of . Dated this day of 20 .. Registrar; Pesticides and Toxic Chemicals *Cross out which do/does not apply. UPDATED TO DECEMBER 31ST 2009 (Slamp) LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pesticides and Toxic Chemicals Pesticides (Licensing o] Premise s} R egulatio ns FORM B FORM OF LICENCE www.legalaffairs.gov.tt Chap. 30:03 57 [Subsidiar'y] (Regulations 7 and 9). PESTI CIDES AND ToxI C CH EMICALS A CT - LI CENCE FOR PREMISES These premises, situate at . Rllri nWIl"r1I1 "R"".r1 hy are licensed as from 20 . for a period of one year for the sale/storage/packaging/manufac turing of Pesticides in Classics) IA \ IB *, IF , III * as prescribed in the Pesticid es (Licensing of Pr emises) Regulations, 1987. Li cence No . Registrar; Pesticides and Toxi c Chemicals " Cross out which du /ilucx nul app ly. FORM C NOTICE TO BE DISPLAYED OUTSIDE PREMISES LICENSED FOR THE SALE OF PESTICIDES I . The notie e shall be on wood or metal, of a size not less than 900 metres in width and ISO mm in height, with words in black on a white background , maintained in a legible sta te . 2. The notiec shall be displayed at a height between 2.5 and 3.5 mm above the tloor level of the entrance of the premises, easily visible from the approach to the entrance. 3. The wording on the notic e shall be as follow s: " P ESTICIDES AND T OXIC CIlEMICALS AC T, 1979" (Regulation 9). "These premises are licensed for the sale by retail of class ( Number .' ) pcsticides/licence L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 58 [flubsidiaryI Chap. 30:03 LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt Pesticides and Toxic Chemicals Pe.\{lc ld e» (L ice nsing ofPI emises ) R eg «la tions SECOND SCHEDULE WARNING MARKS AND PHRASES B-1 B-2 !!J B-3 EXPLOSIVE • OXIDIZING ~ EASILY FLAMMABLE ~ t:::-... {j R-4 R-5 o tJ L~ TOXIC CORROSIVE HARMFUL B-6 B-7 IRRITANT Warnin g Marks to be, preferably, Black on Orange backgroun d, or, alternative ly, Red on White background. Warning phrases to be in bold type. Rhomb oid surround optional. (NOl drawn to scale) . UPDATED TO DECEMBER 31ST 2009