Pesticides Act of Bhutan, 2000

~9-~·~t::rffiili'.i;f~r.li~ill.t:11 ~001 1'l:IE PESTICIDES ACT OF BBUTAlN• 2000 "1'-l<ll'~~-~llJ·"l~"·l ~~~-'¥~'"'"!! Royal Government of Bhutan Ministry of Agriculture CONTENTS CHAPTER I PRELIMINARY I 1 Title, extent and commencement 1 2 Objectives 2 3 Dc.fi.uilions 2 CHAPTER II IMPORT, SALE AND USE'OF PESTICIDES 6 4 Import and manufacture 6 5 Control of sale and licensing 6 ii Use 7 CHAPTER III ENFORCE RULES AND PROCEDURES 8 7 Establishment.of the Board 8 8 Proceedings of the Board 9 9 Application for·authorization 9 10 Authorization · 10 11 Period of Authorization 11 12 Cam;dlalion of Authorization n The Pesticid.es Act of Bhutan, 2000 13 Appeal against cancellation or refusal of authorization 12 14 Monitoring 12 CHAPTER IV SANCTIONS 13 15 Entry, search· and seizure 13 16 Complaint.s as to scizw-c, detention or removal 14 17 TaJdng samples for analysis 14 18 Penalties 14 CHAPTERV MISCELLANEOUS 15 19 Regulations 15 20 Household pesticides 16 21 WWJtc.s. 17 THE PESTICIDES ACT OF BHUTAN, 2000 PREAMBLE An Act to regulate the safe use and handling of chemicals to prevent public health and environmental hazards. CHAPTER-I PRELIMINARY 1 Title, extent and commcncemt:nt \. \ This Act shall be called "The Pesticides Act of Bhutan, 2000". 1.2 It shall apply to the whole ofthe Kingdom of Bhutan; and 1.3 It shall come into force on 13•h da~, s" month of the Male Iron Drag:ou Yeai 1,;oincidi11g wlth tht: 14t July uftheY1;.u. 2000. 2 Objectives The objectives of this Act are: 2.1 to onoure integrated pest management is pursued, limiting the use of pestidd1!s as the last resort. 2.2 to ensure that only appropriate types and quality of pesticides are introduced into Bhutan 2.3 to ensure that pesticides are effective when used as recommended; 2.4 to minimise deleterious effects to human beings and the envirorunent consequent to the application of pesticides; and 2.5 to enable privatization of sale of pesticides as an,d when required. 3 Definitions In this Act unless the context otherwise requires: 3.1 "Minister" means the Minister of Agriculture. 3.2 "Board" means the Pesticides Board established under Chapter III of this Act. 3.3 "Secretary" means the Secretary of the Board. 3.4 "Authorized Officer" means an officer appointed by the Minister to enforce the: provisions of this Act. 3.5 1'Pesticide" means any substance or mixture of substances intended for preventing, destroying or controlling, any pest, including V$Ctors of human or animal disease~ unwanted species of plants or animals causing harm during or otherwise interfering with the production, processing, storage, transport or marketing of food, agricultural commodities, wood and wood products or animal feeds, or which may be administered to animals for the control of insects, arachniqs, or other pests in qr on their bodies. The tenn int;ludes substances intended for uce o.a 4 plAAt srowth rosul4tor, dcfolia.nt, dc.;i(;Ctl.tit, or agent for thinning fruit or preventing the premature fall of fruit, and substances applied to crops either before or after haryest to protect the commodity ftom deterioration during storage and transport. 3.6 "Manufacture" means to prepare, compound, formulate, mix, make, pack, label, or otherwise treat the pesticide with a view to its sale. 3.7 "Label" means any written, printed or graphic matter on, or attached to the pesticide, or the immediate container thereof and the outside container or wrapper of the retail package of the pesticide. 3,8 Maximum residue limit" (MRL}means the maximum concentration of a residue that is legally pennitted or recognized as acceptable in or on food, agricultural commodity or animal feeds. 3.9 "Sell" includes offer for sale1 exhibit for sale, and possess for sale, store for sale. 3.10 "Integrated Pest Management' means a combination of methods in which with particular attention being paid to biological, bio technical, plant breeding and cultivation related measures, the use of pesticides is limited to an essential minimum. 3.11 "Environment" means land. water, air, wil,d species of fauna and flora and any interrelationship with living organisms. CHAPTER-II IMPORT, SALE AND USE OF PESTICIDES 4 Import and manufacture 4.1 A person may only import a pesticide that is authorized on his application under this Act. 4.2 A person may only manufacture a pesticide if the Minister, in consultation with the Board, regulates the circumstances of manufacturing. 4.3 By way of derogation from Sub-Section 4.1 of Chapter II, the government agencie$ responsible for plant protection, forest protection, livestock protection and vector control in human health may import pesticides; provided they are distributed for sale and use only after authorization by the Board. S Control of sale and licensing 5.1 A person may only sell a pesticide that is authorized under this Act. ).2 A person may sell a pesticide only if the premise where the pesticide is kept is licensed under this Act. 5.3 The person who sells: a pesticide mus:t have the necessary level of integrity and reliability and possess the knowledge to give infonnation about safe handling and appropriate use. 5.4 The person who sells a pesticide shall ensure that no build-up of outdated pesticides occurs and that any outdated pesticides are disposed off in the prescribed way, 6 Use 6.1 A pesticide must only be used with regard to -its authorized application and in accordan.ce with good professional practice. Good professional practice shall include observation . of the guidelines provided by the Board and the principles of integrated pest management, where appropriate. CHAPTER · Ill ENFORCE RULES AND PROCEDURES 7 Establishment or the Board. 7,1 for.the {]Urpose:s ofthi:s Ac;t, ~ Do-a.rd :shall be cstablbhed. 7.2 The Minister of Agriculture shall appoint the members of the Board, including the Chainnan and the Secretary. The appointment shall be for a period of five years and can be extended. The Board may include preferably the experts, which cover the following disciplines: a) Head of Department of Research and Development Services b) Head of Quality Control and Regulatory Services c) Head of National Plant Protection Centre d) E~tension e) Environment f) rv1r.:.:st1y g) Plant Pathology h) Entomology i) Health j) Plant Quarantine k) Research !) Weed Science m) Animal Husbandry 8 Proceedings of the Board 8.1 The Board may regulate its own procedure. 8.2 The Board is empowered to grant authorisations and develop guidelines needed for the implementation of this Act. 8.3 The Board shall consider post authorization monitoring programmes. !) Applic~tion for .outhorb;~tion 9. l A person desiring to import or manufactµre pesticides shall apply to the Board in the prescribed manner for authorization, 9.2 An applicant must together with his application submit to the Board the information stipulated in the guidelines. 10 Authorization 10.1 Upon receipt of on npplicution duly made under and in accordance wi\h section 19 and the rules, the Board may authorize the pesticide subject to such conditions as the Board thinks fit to irnpose and issue the applicant a certificate of authorization. 10.2 If the Board is not satisfied of any of the matters in Section 19, .it shall not authorize the pesticide. The Board reserves the right to reject authorization if it considers that a sufficient number of pesticides have already been authorized for use in Bhutan. I 0.3 The Board shall ensure that a pesticide is not authorized unless it is established in. the light of current scientific and technical knowledge and having regard to all normal conditions under which it may be used, and to the consequences of its use that: (a) it is sufficiently effective; (b) it does not cause unnecessary suffering and pain to vertebrates to be controlled; (c) il h~ uu hauuful cffet;t on human or animal health; (d) it has no undesirable effect on the environment; and (e) it has an assured product quality during the period of authorization. 11 Period of authorization l l. l ihe period of aulhuriz.ai.iuu of a pe$tic.idc sha\l be. five year, but the pesticide may be re--registered at the end of five years on app,lication by tt1e person on whose application the pesticide was oritzinally authorized. 12 Cancellation of authorization (a) the Board considers it undesirable that the pesticide should continue to remain authorized owing to its toxicity or inefficacy; or (b) the pesticide does not comply with the requirements of this Act or provisions of the certificate. 13 Appeal against can(:11;\lat\on or rdusnl <>f authorization 13. I If an applicant is dissatisfied with the refusal of the Board to authorize, re~authorize, or action taken to cancel an authorization~ he may appeal to the Minister, whose decision shall be final. 14 Monitorlog 14.1 The Quulity Control and Regulatory Services (QCRS) of the Ministry of Agriculture may monitor the quality of the p~sticides and ensure that the provisions of the Act are strictly abided. QCRS shall submit its reports to the Board for deliberations and decision rnaking. CHAPTER-IV SANCTIONS 15 Entry, search and seizure IS.I The Minister may appoint authorized officers for the purpose of enforcing this Act and its rules. 15.2 An authorized officer may enter into any place where a pesticide is or may reasonably be supposed to be kept or stored. 15.3 An authorized officer may search the place and may seize, detain, or remove any substance found therein that is reasonably believed to contain a pesticide in respect of which an offence against ·this Aet is committed. 15.4 An authorized officer may markt seal, or otherwise secure the !mid substance in order to effect seizure, detention, or removal thereof. 16 Complaints as to seizure, detention or removal. 16. l A person claiming any substance seized, detained, or removed under this Act may, at any time, but not later than seven working days after its seizure, detention, or removal, s\Ibmits a complaint to a court. 16.2 The substance seized, detained, or removed shall, if no complaint is made under and in accordance with this Section, become the property of the government and be disposed off, by destruction or otherwise, as directed by the Minister, 17 Taking samples for analysis 17.1 An authorized officer shall obtain the necessary samples of any pesticide under this Act for analysis. 18 Penalties 18.1 A person, who commits an offence against this Act or the Rules, is Hable. on conviction, to imprisonment in accordance with the Law of the Land. 19 Regulations CHAPTER-V MISCELLANEOUS 19.1 The Minister may, after consulting the Board, make rules to implement this Act and to give effect to the provisions: thereof an<l in particular, such regulations may: (a) prescribe the procedure to be followed in making applications under this Act and the fees payable therefore; (b) provide generally for matters connected with authorization and licensing; (c) prescribe the manner of ohtaininJl samples for analysis; ( d) regulate waste disposal .for pesticides; (e) prescribe the measures to be taken and the practice to be fol1owed for the manufacture of pesticides; (0 prei::crihe the manner of labelling and packing pesticides, and the matters to be displayed on labels of pcst\c\des; (g) regulate maximum residue limits for food; (h) regulate the manner of using certain pesticides and the precautions to be taken in respect thereof; (i) prescribe the requirements to be fulfilled in transporting and handling pesticides in bulk; (j) :regulate the adverti~ing ofpesticidei::.; (k) l'rescribe procedures to control availability and application of pesticides. 20 Household pesticides 20.1 By way of derogation in Chapter II pesticides for e:icc]usive home u$e can be imported, a.old an<l used without authorization until the Minister in consent with the concerned Ministry has regulated the import, sale and use. 21 Wastes 21.1 A farmer may return obsolete pesticides to the Commission Agent from whom the pesticides were purchased. The Commission Agent or the seller will submit the wastes to the Board as prescribed.