Pesticides (Registration and Import Licensing) Regulations, 1987 (L. N. No. 225 of 1987)

861ll)eumber, 1981 .......1 um.tPa'li B-.Vol. 2,&, No. a2O Legal S'Wl'.P""'''~··· LEGAL NOTlOW No. 225 REPUBLIO OF TltINIDAD AND TOBAGO o OREMIOALS Am, 1979 THE PES'rIOIDES AND Ton REGULATIONS ""'~TTO~ER UNDER 8lIl0fi0N' 12 0:1' TJDl PEs'fiOl]):BS AND ~E BY THE ~LU'~ 1979 TOXIO QaEmOALS Am, THE PESTICIDES (REGISTRATION .AND IMPORT LICENSING) REGULATIONS, 1987 1. These Regulations may be cited 8S the Pesticides (Registration and atation Import Licensing) Regulations, 1987. 2. In these Regulations "accompanying instructions" means any dooumeat oontaining instructions for use, disposal or storage, that is supplied with a package of a pesticide; "Act" means the Pesticides and Toxic ChemicalsAct, 1979; ~o.~ "activeingredient" means any substancein a pesticideclaimedto act on 80 pest; "appeal" means an appeal to the Minister pursuant to regulation 23; "Board" means the Pesticides and Toxic Chemicals Control Board established under section 3 of the Act; "common name" in relation to an active ingredient means the name assigned to such an ingredient by the InternationaJ Organization for Standardisation (ISO) or the British Standards Institution (BSI) or assigned by the Board, or, ifno name has been so assigned, the chemical name of the active ingredient; "established pesticide" means a pesticide that was imported, manu­ factured, sold or used in Trinidad and Tobago before the coming into force of the Act; "general research permit" means 80 permit issued by the Board under regulation 14; "pest" has the meaning assigned to it under the Act, but does not include endoperasites of animals: "physical form" in relation to a pesticide means the form of the pestioide suoh 80S emulsifiable concentrate, wettable powder, granule or any other form; "research permit" means a permit issued by the Boa.rd under regula­ tion13. 656 Pesticides (Registration and Import Licensing) Regulations, 1987 APPLIOATION FOB REGISTRATION OF A PESTIOIDE Applieatlon for regis­ tration of a pesticide Form of application 3. .An applioation for the registration ofa pesticide shall be addressed to the Board and submitted in duplicate to the Registrar by the manufacturer or his agent. 4. (1) The following particulars shall be submitted with an application­ (a) the existing or proposed trade name of the pesticide; (b) the common names and chemical names of the active ingredients present in the pesticide and the percentage of each; (0) the ohemieal name, type and percentage of any other ingredients present in the pesticide; (d) the names and addresses of the manufacturer, the agent and the importer; (e) i:r;d'ormation on the stability in storage of the pesticide; (J) the recommended conditions of storage and form of package; (g) information on the oral, dermal and inhalation toxicity of the pesticide and any aotive ingredient present therein; (k) information on hazards to persons using or handling the pesticide, and precautions, equipment, protective olothing and facilities recommended to prevent the exposure of those persons to those hazards and information on measures to guard against flammable pesticides ; (i) information on the proposed uses of the pesticide, the pests that maybe controlled by it, and the recommended method of usa, for example, the number of times, the period over which, the quantity in which the pesticide may be applied; (j) information on the efficacy of the pesticide, when it is used as .. recommended, in olimatio conditions similar to that of Trinidad and Tobago; (h). a, statement indioatingthe physical form of the pesticide and . , 'Wormation relative' to each physical form; (Z) full details of first aid and medical treatment which may be effectively used in oases of suspected poisoning by the pesticide; (m) a copy or a draft of the labels and any accompanying instructions whioh are to be used in connection with the pesticide; en) recommended methods of analysis for the pesticide and for any residue!'! thereof in or on crops C)r animals, or both, and data regarding the persistence of such residues; Pesticides (Registration and Import Licensing) Regutations,~987 :657 (0) evidence to show that residues of the pesticide, when used on food crops or animals, or on crops which may be used as food for animals in accordance with the information given under paragraph (i), would not exceed the levels recognised as safe by International Organizations if the crop or animal' is used as food; (p) information on hazards which the pesticide may pose to domestic animals, bees, fishes, birds and other wildlife and adverse effects on soil, air and water; (q) such samples of the pesticide, its active ingredients, packages and recommended reagents for analysis as mfloY be specified by the Board from time to time; (r) information on methods of safe disposal of waste pesticide and any containers in which the pesticide was stored; (8) information on the decontamination of spillages; (t) a certified copy of the certificate of registration or any similar document issued in the country of origin of the pesticide by a competent authority acceptable to the Board, and certified copies of the labels and accompanying instructions used in that country together with certified English translations thereof, where necessary, and if the pesticide is not sold in that coun.try, the reason for it not being sold there shall be stated; and (u) such other particulars as the Board mayrequire. (2) An application fee of five hundred dollars for the registration of a pesticide shall be paid to the Comptroller of Accounts or to any Revenue Office and the receipt shall be submitted with the application. (3) Every application shall be treated as confidential by the Board and shall be considered by the Board within one hundred and twenty (120) days of its receipt by the Registrar. (4) Where an applicant supplies a certified, copy of a certificate of registration or any similar document issued by a competent authority in a Commonwealth Caribbean country, the Board may if the application is aocom­ panied by a copy of the conditions imposed on the sale or use of the pesticide in that country dispense with any or all the particulars required to be sub. mitted under subregula.tion (1). (5) Where an application is not accompanied by all the particul8t1s required to be submitted by this regulation, the Board may give the applicant such time ae it considers necessary to satisfy the requirements of this regulation. 658 Pesticides (Registration and Import Licensing) Regulations, 1.987 PuBLIOAfiON OF NOTIOE OF .A.PPLIOATION Board to glvenotlce Of appUca­ tlon for reglstratioo 01.. pesticide lUpt of objection to reglstratton 5. On reoeipt of an a.pplication for the registration of 8. pesticide a. notice thereof containing the common name, active ingredients and intended use of the pesticide sha.1l be published by the Board in at looat one daily newspaper circulating in Trinidad and Tobago for the purpose of inviting public comments on the application. RIGHTS Oll' GROUNDS Oll' OBJEOTION T,Q REGIST:liU.TION 6. {I) Any person in Trinidad and Tobago may object to the registration of 1), pestioide on any ground mentioned in regulation8(1)(d), (e) or (J). (2) .All objections to the registra.tion of a pesticide, shall be lodged in writing with the Registrar within twenty-one (21)days of the publication of the notice referred to in regulation 5 and shall be considered by the Board when dealing with the applica.tion for registration of the pesticide. RlllGISTBATION Oll' A PBSTIOIDE lleglstratlon 7. (1) The Board shall beforegra.n.ting a.pproval for the registration of a pesticide, consider all objections and information made availa.ble to it and, where the Board is satisfied that the use of the pesticide is justified, approval shall be granted. (2) Where the Board. grantsa.pproval for the r.egistration of a pesticide, the Registrar shall assign a registration number for use in connection with the pesticid. and shall cause the pestroide to be registered in the Register of &stlicides. (3) Where a pesticide is registered under subregulation (2) the Registrar shall issue to the applicant a oertificate of registration of the pesticide. (4) The registration of a pesticide sha.ll be snbjeof; to such conditions as the Board oonsiders necessary for the protection of human, animal and pla.nt life 1lt11d any other conditions 'the Board may consider appropriate. (6) Where a formulation oontaining paraquat as an aotive ingredient is the subjectof' an applicati<m for registration, the Boardsha.l1 not approve of'.registraition unless there is :evidence that the formulation has been stenohed. (6) The certificate shall be in such a form as the Board may from time tetime &pprove. (7) A duly authentic8ltteli certifioateof the Board. is conclueiwevidenee of registration of a pesticide. Pesticides (Registration and Import Licensing) Regulations, 1987 659 REFUSAL TO GRANT .A1'PBovAL :roB REGlftBATION 8. (1) The Board ma.y refuse to grant approval for the registration of a Refusal to "d h • Uft •• grantpestlO1 e w ere m UI" opuuon- registration (a) the application is not eocompanied by all the partioulars or samples required to be submitted undet regula.tion 4; (b) the application contains information that is misleading, false, deceptive or likely to deceive or create a.n erroneous impression on the Board; (0) the person applying for the registration has failed to comply with the conditions subject to which any pesticide is registered; (d) the pesticide is not shown to be safe or effioaoious when used as recommended ; (e) the use of the pesticide is likely to oonstitute a hazard to public health, domestioanimals, bees, fishes, birds or other wildlife or produce adverse effects to soil, air and water; or (I) the pesticide, or any residue thereof, is 80 persistent that it may result in a long lasting pollution of the water or land on whioh it is used. (2) Where the Board decides not to grant approval for the registration of a pesticide it shall as soon as practioable thereafter notify the applicant of its decision andthereasons therefor. 9. (1) Where the Board refuses to grant approval for the registration of a ~eS:cidei to pesticide or where it C&llCebl the registration of a. pesticide; the applicant or the s~e ~~c: person to whom the certifioate of registration was issued, as the case may be, shall whether he has appealed or not against the deoision of the Board, collect all packages of the pesticide whether on sale or in storage into such a place as the Board may direct, and shall keep it there until the Board decides the manner ofits disposal. (2) Where the Board eaneels the registration of a pesticide the Board shaJlby Notice published in the Gazette and at least one daily newspaper, inform the publio of the cancellation ofregistration. CEBTDl'IOATE Oll' REGISTltATION 10. A certmoo.te of registration shell be signed by the Registra.r or the ~~~eof Chairmanofthe Board and shall state- ~gistration (a) the trade name of the pesticide and the physioal form inwhioh it mAybe manufactured, imported, stored, sold orused; (b) the common name of the active ingredients presantin the pesti­ cide a.nd the peroentageof.eaoo. ; (e) theregistrationnumber; 660 Pesticides (Registration and Import Licensing) Regulations, 19fh. (II) the conditions subject to which the registration is granted.; and the hazard class of the formulation; (8) any other information which the Board considers necessary. Validity of registratioD Power of Board to amend conditions or cancel re gistration 11. The registration of a pesticide shall remain valid notwithstanding a change in any or a.ll of the following: (a) the trade name ofthe pesticide; (b) the names and addresses of the manufacturer and his agent, if the change is notified to the Registrar within one month thereof; and (c) a defect in the oertificate other than a defect in the signature on the certifloete. AMENDMENT OF CoNDITIONS OF REGISTB.ATION AND CANOELLATION OF REGISTRATION 12. (1) Where the Board is satisfied that (a) the use of a pesticide is likely to endanger public health or to be dangerous to domestic animals, fishes, birds, bees, or wildlife or produce adverse effects to soil, air and water; (b) information which was misleading, false, deceptive or likely to deceive or create an erroneous impression on the Board was submitted in support of an application for registration and on the basis of which the pesticide was registered; or (c) the pesticide is significantly less efficacious than was made to appear in the application, it ma.y amend the oonditions subject to which the pesticide was registered or cancel the reglstration and the certificate of registration. (2) Where there has been a breach of any condition subject to which a pesticide was registered the Board may cancel the registra.tion and the certifica.te of registra.tion. (3) Where the Board amends the conditions subject to which a pesti­ cide was registered or it cancels the registration of a pesticide, it shall as soon as practicable. thereafter notify in writing the person to whom the certificate of registration was issued and the notice shall state the reasons for amending the conditions or cancelling the registration, as the case may be. (4) Upon receipt of the notice referred to in subreguIation (3) the person to whom the certificate of registration was issued, shall within thirty (30) days return the certific80te to the Board for amendment or eancellation, 80S the case may be. Pesticides (Registration and Import Licensing) Regulations, 1987 661 RESEARCH PERMIT AND GENERAL RESEARCH PERMIT 13. (1) The Board may grant a research permit to any competent person Research authorising him to manufacture, import, use, store and transport a registered permit pesticide in a manner not provided for in the certificate of registration, or an unregistered pesticide, solely for research purposes. (2) .Anapplication for a research permit and general research permit shall be addressed to the Board and submitted through the Registrar. (3) A research permit shall be subject to such conditions as the Board considers necessary for the protection of public health, domestic animals, bees, fishes, birds other wildlife and the environment and shall, subject to subregula­ tion (4) be valid for such period as the Board shall specify therein. (4) A research permit may (a) be renewed from time of time subject to any conditions the Board considers necessary to impose; and (b) be amended or cancelled at any time. (5) The Board may, before granting a research permit under sub­ regulation (1)request (a) satisfactory evidence of the competence of the person proposing to do the research; (b) satisfactory evidence ofthe research facilities available to him; (0) a written report on the research when completed; (d) information regarding the uses to which the pesticide may be put; and (e) any other information it considers necessary. 14. (1) The Board may grant a general research permit to a government General department, or to any other department, institution or organisation authoris- ~~f~ ing it to manufacture, import, use.istore or transport a registered pesticide in a manner not provided for in the certificate of registration, or an unregistered pesticide, solely for research purposes, if it is satisfied that the government department or that other department, institution or organisation is capable of (a) observing the conditions subject to which the general research permit may be issued; and (b) controlling the use, storage and disposal of the pesticide. (2) The provisions of subregulations (3) and (4) of regulation 13 apply to a general research permit issued under subregulation (1). 662 Dlscretloo of Board to refuse to Issue permit AppUcatioo for Ucence or renewal of Uce1llce to Import a pesticide Grant of Ucen(le or renewal of licence to Import a pesticide Pesticide8 (Registration and Import Licensing) Regulations, 198'1 15. The Bowma.y (a) refuse to issue a. researoh permit to any person or a. genera.! resesroh permit to a. government depa.rtment, or a.ny other depa.rtment, institution or organisation on the grounds of non-compliance with a.ny condition of a research permit or a general research permit, which was previously issued to that person, government depart­ ment, or oth()l' department, institutionor organization; (b) cancel or amend a reaea.rch permit or a general permit if it is satisfied that any information given to the Bow was misleading, false, deceptive or likely to create an erroneous impression on the Board; (0) refuse to issue a research permit or general researoh permit, if, in its opinion the use of the pesticide is likely to constitute a hazard to public health, domestic animals, bees, fishes, birds and other wildlife,and toproduceadverseefFectstoaoil, a.irand water . .A1>:PLIOATION FOR LIOENCE TO mORT .A. PlDSTIOIDlll 16. (1) .An application for the grant or renewal of a licence to import a pesticide shall be addressed to the Board and submitted in duplicate to the Registrar by the applica.nt. (2) The application shall contain the followingparticulars : (a) the name, place of business and the nature of business of the applicant; (b) the name and address of the manufacturer; (0) the trade name and registration number of the pesticide; and (a) such other particulars as the Board may require. (3) .An a.pplication fee of fifty dolleas for the grant or renewal of the licence shall be paid to the Comptroller of Accounts or any other Revenue Office and the receipt shaJlbe submitted with the application. GRANT OF LIOlllNOE TO IMPORT A PESTICIDE 17. (I) The Board may gra.nt a licence to import a. pesticide on such conditions as it considersnecessary. (2) A licence shall be signed by the Registrar or the Chairman of the Board andshaJlsta.t& (a) the trade name of the pesticide and the physical form in which it may be imported, stored, sold or used; (b) the registration number of the pesticide; (0) the conditions subject to whiohthe licenceis granted; and (a) such other requirements· and informa.tion as the Board considers necessary. Pesticides (Registration and Import Licensing) R~gulations. 1987 663 (3) A licence shell, subjeot to regulation 20, be valid for a period of three J9ar8 or for such lesser period as the Bow may decide, but may 'be renewed from time to time on such conditions as the Bow considers necessary. (4) Where the Board gra.nts a licence the Registrar shall enter par­ ticula.rsofthe licence in the Register of Licences. 18. A licence to import a pesticide shall be in such form as the Board may Fonn of from ti , licenceom time to tune approve. 19, Where the Board decides not to grant or renew a. licence to import a Refusal pesticide, it shall as soon as practicable thereafter, inform the applicanb of its ff~:t decision and-the reesons therefor. VALIDlTY OF LIOENOE TO hlPOBT A PES',l'IOtDE 20. A licence to import a pesticide shall remain valid notwithstanding a. V f a1J U dity •• 0 cence change In any or all of the followmg (a) the trade nameof the pesticide; and (b) the name and address of the importer or the manufacturer, if the ohsnge is notified to the Registrar within one month thereof. KEEl'ING OF 'REOORDS 21. The holder of a licence to import a pesticide shall keep records N~= of showing- :~~ (a) the quantitiy of the pesticides he has imported and the registration number ofthe pesticide; (b) the date of importa.tion of the pesticide; (e) the name and address of the manufaoturer of the pesticide; and (el) such other information as the Bow may require. CANOELLATION OF LIOENOE TO IMPORT A PESTIOIDE 22. (1) Subject to subregulation (2), the Board may cancel a. licence to Cancellation . "rt t' 'd of Hcencennpo a.pes 101 e (a) upon breach of a. condition subject to which the licence was granted; (b) where the holder of the licence contravenes a.ny provision of the Act or the Regulations; (e) where the registration of the pesticides has been cancelled; (el) Where the Bow is satisfied that information which was mis­ leading, false or deceptive or likely to deceive or create an erroneous impression on the Board was submitted in support of the licence and on the basis of which the licence was granted or renewed; (e) upon failure of importer to keep up-to-date import records in accordance with regulation 21; (/) for any other reason where the Board thinks it proper to do so. 664 Pesticides (Registration and Import Licensing) Regulations, 198', (2) Where the Board. cancels a licence, it shall as soon as practicable thereafter notify in writing the person to whom the licence was granted and suoh notice shall state the reason for the eeneellatlon. Appeals MinUter to COD&ult Mode of disposing of appeal Publications by the board 23. (1) Any person who is a.ggrieved byadeoision of the Board may at any time within sixty (60) days of the decision, by notice in writing appeal to the Minister against suoh decision. (2) A notice under subregu1ation (1) shaJl state the grounds on whioh the appeal is based and shall be filed with the Registrar. (3) Within twenty-one (21) days of the receipt of the notice the Board shall send to the Minister the notice of appeal, the reasons for its decision and any other documents that the Minister ma.yrequire. 24. (1) In reviewing a decision of the Board the Minister may consult with any person he oonsiders oompetent for the purpose. (2) The Board shallregula.te the procedure on appeal. 25. (1) The Minister may dispose of an appeal either by confirming or reversing the decision of the Board and by giving suoh directions as ma.y be necessary for giving effeot to his decision. (2) The decision of the Minister shall be final and shall not be ques­ tioned in any oourt of law, except that, on a point ofIaw, a further appeal may lie therefrom to a Judge in Chambers within twenty-eight (28) days of the decision of the Minister. (3) Where the Board refuses to grant a.pproval for the registration of a pestioide or to grant a licence or the Minister confirms such 80 decision of the Board the a.ppellant is not precluded from making a new applica.tion in respect of the same pesticide, except that the Board may refuse to consider any such application within two years of the date of its decision or within two years of the date of confirmation by the Minister of suoh decision, whichever date is the later. PuBLIOATION 26. (1) The Board shall publish from time to time in the Gazette (a) lists of all pesticides ourrently registered and the conditions subject to whioh they are registered; (b) the names and addresses of persons to whom licences have been granted and of persons whose licences have been cancelled: and (0) suoh other information as it considers necessary. Pesticides (Registration and· Import Licensing) Regulations, 1987 665 (2) The Board may publish for the use of hospitals, medical pra.cti­ tioners, veterinarians and others, .lloXlY information oontained in an appllca.tion for registration of a pesticide, relating to' first aid and medical treatment of poisioning ceased by the pesticide, and tIle Boaa:d may provide for the informa­ tion of inspectors or persons applying for the registration of pesticides or the grant of licences or permits, copies ofa.n.y guidelines it may have prepared on the conditions to be inoluded in certifica.tes of registration or licences. Dated this 6th day of November, 1987. E. ROSEIN Minister oj BeaUh, Welfare and StolU8 oj Women Laid before the House of Representatives this 20th day ofNovember, 1987. J.E. CARTER 01d7c oltke B0U8e Laid before the Senate this 24th day of November, 1987. N.COX Acting Olerk oj theSenate