Pesticides and Toxic Chemicals Control (Amendment) Act 2007

GUYANAGUYANAGUYANAGUYANA BILL No. BILL No. BILL No. BILL No. of 200of 200of 200of 2007777 PESTICIDES AND TOXIC CHEMICALS CONTROL PESTICIDES AND TOXIC CHEMICALS CONTROL PESTICIDES AND TOXIC CHEMICALS CONTROL PESTICIDES AND TOXIC CHEMICALS CONTROL (AMENDMENT) BILL 200(AMENDMENT) BILL 200(AMENDMENT) BILL 200(AMENDMENT) BILL 2007777 ARRANGEMENT OF SECTIONSARRANGEMENT OF SECTIONSARRANGEMENT OF SECTIONSARRANGEMENT OF SECTIONS SectionSectionSectionSection 1. Short title. 2. Amendment of long title of Principal Act. 3. Amendment of section 7 of Principal Act. 4. Amendment of section 11 of Principal Act. 5. Amendment of section 12 of Principal Act. 6. Amendment of section 15 of Principal Act. 7. Amendment of section 16 of Principal Act. 8. Amendment of section 18 of Principal Act. 9. Amendment of section 19 of Principal Act. 10. Amendment of section 29 of Principal Act. 11. Amendment of section 32 of Principal Act. 12. Amendment of section 34 of Principal Act. 2 A BILLA BILLA BILLA BILL IntituledIntituledIntituledIntituled AN ACT to amend the Pesticides and Toxic Chemicals Control Act 2000. A.D. 2007 Enacted by the Parliament of Guyana: Short titleShort titleShort titleShort title.... 1. This Act, which amends the Pesticides and Toxic Chemicals Control Act 2000, may be cited as the Pesticides and Toxic Chemicals Control (Amendment) Act 2007. Amendment of Amendment of Amendment of Amendment of long tlong tlong tlong title of itle of itle of itle of Principal ActPrincipal ActPrincipal ActPrincipal Act.... 2. The long title of the Principal Act is amended by inserting, immediately after the word “importation”, a comma followed by the word “exportation”. 3 Amendment of Amendment of Amendment of Amendment of section 7 of section 7 of section 7 of section 7 of Principal ActPrincipal ActPrincipal ActPrincipal Act.... 3. Section 7 of the principal Act is amended (a) by renumbering it “7 (1)”; (b) by inserting in paragraph (b), immediately after the word “import”, a comma followed by the word “export”; (c) by inserting in paragraph (f), immediately after the word “importation”, a comma followed by the word “exportation”; (d) by inserting, immediately after paragraph (i), the following paragraphs – “(ia) to provide information and advice as required to fulfill Guyana’s obligations under international agreements; “(ib) to oversee Guyana’s implementation of international agreements”; and (e) by adding the following subsection – “ In subsection (1)(ia) and (ib), “international agreements” means international agreements to which Guyana is a party concerning the manufacture, importation, exportation, transportation, storage, sale, use, or disposal of pesticides or toxic chemicals.” Amendment of Amendment of Amendment of Amendment of section 11 of section 11 of section 11 of section 11 of Principal ActPrincipal ActPrincipal ActPrincipal Act.... 4. Section 11 of the Principal Act is amended by inserting, immediately after the word “import”, a comma followed by the word “export”. Amendment of Amendment of Amendment of Amendment of section 12 of section 12 of section 12 of section 12 of Principal ActPrincipal ActPrincipal ActPrincipal Act.... 5. Section 12 of the Principal Act and the marginal note are amended by substituting for the words “or import” in both places where they occur, the words “import or export”. Amendment of Amendment of Amendment of Amendment of section 15 of section 15 of section 15 of section 15 of Principal ActPrincipal ActPrincipal ActPrincipal Act.... 6. Section 15 of the Principal Act is amended by inserting, immediately after the word “import”, a comma followed by the word “export”. 4 Amendment of Amendment of Amendment of Amendment of section 16 of section 16 of section 16 of section 16 of Principal ActPrincipal ActPrincipal ActPrincipal Act.... 7. Section 16(1) of the Principal Act is amended by inserting, immediately after the word “import”, a comma followed by the word “export”. AmendmAmendmAmendmAmendment of ent of ent of ent of section 18 of section 18 of section 18 of section 18 of Principal ActPrincipal ActPrincipal ActPrincipal Act.... 8. Section 18 of the Principal Act is amended (a) by inserting in the marginal note, immediately after the word “imported”, the words “or exported”; and (b) by inserting, immediately after subsection (2), the following subsection “(3) Except as provided by the regulations, no controlled product shall be exported from Guyana unless the product wholly conforms to the law of Guyana and is accompanied by a certificate from Board in the form determined by the Board that the product does not contravene any known requirement of Guyana.” 5 Amendment of Amendment of Amendment of Amendment of section 19 of section 19 of section 19 of section 19 of Principal ActPrincipal ActPrincipal ActPrincipal Act.... 9. Section 19 of the Principal Act is amended (a) by substituting, for subsection (1), the following subsection “(1) The Minister may, by order made after consultation with the Board, specify either or both of the following for the purposes of this Act (a) pesticides that must not be imported into or used in Guyana; (b) pesticides that must not be exported from Guyana”; (b) by substituting for the words “the list of specified prohibited pesticides” in subsection (2), the words “any order made under subsection (1)”; and (c) by substituting for subsection (3) the following subsection “(3) An order made under this section may provide for the withdrawal from sale or use, and for the disposal of, any pesticide specified in the order.” 6 Amendment of Amendment of Amendment of Amendment of section 29 of section 29 of section 29 of section 29 of Principal ActPrincipal ActPrincipal ActPrincipal Act.... 10. Section 29 of the Principal Act is amended (a) by inserting in subsection (1), immediately after the words “imported into”, the words “or to be exported from”; (b) by inserting in subsection (2), immediately after the word “importer”, the words “or exporter (as the case may be)”; and (c) by substituting for subsection (3), the following subsections “(3) In the case of a product to be imported into Guyana, (a) if it appears from the report of the inspector or analyst that the sale or use of the product in Guyana would contravene this Act, the product must not be admitted into Guyana; and (b) otherwise, the product shall, subject to any other law, be admitted into Guyana. (3A) In the case of a product to be exported from Guyana to another country, (a) if it appears from the report of the inspector or analyst that exportation of the product to the country concerned is not authorized by an export license issued by the Board, the product shall not be exported from Guyana; and (b) otherwise, the product shall, subject to any other law, be permitted to be exported to that country”. 7 AAAAmendment of mendment of mendment of mendment of section 32 of section 32 of section 32 of section 32 of Principal ActPrincipal ActPrincipal ActPrincipal Act.... 11. Section 32 of the Principal Act is amended – (a) by inserting in paragraph (a), immediately after the word “importation, a comma followed by the word “exportation”; (b) by inserting in paragraph (i), immediately after the word “imported”, a comma followed by the word “exported”; and (c) by inserting in paragraph (w), immediately after the word “importers”, a comma followed by the word “exporters”. Amendment of Amendment of Amendment of Amendment of section 34 of section 34 of section 34 of section 34 of Principal ActPrincipal ActPrincipal ActPrincipal Act.... 12. Section 34(1) of the Principal Act is amended by inserting in paragraph (a), immediately after the word “imports”, a comma followed by the word “exports”. Passed by the National Assembly on 2007. S.E. Isaacs. Clerk of the National Assembly. (BILL No. /2007) 8 EXPLANATORY MEMORANDUMEXPLANATORY MEMORANDUMEXPLANATORY MEMORANDUMEXPLANATORY MEMORANDUM This Bill seeks to amend the Pesticides and Toxic Chemicals Control Act 2000 (“the Principal Act’) in order to regulate exports of pesticides and toxic chemicals Clause 1Clause 1Clause 1Clause 1 sets out the short title of the Bill Clause 2Clause 2Clause 2Clause 2 amends the long title of the Principal Act Clause 3Clause 3Clause 3Clause 3 amends Section 7 of the Principal Act to extend the functions of the Pesticides and Toxic Chemicals Control Board (“the Board”) to licensing and otherwise dealing with exports of pesticides and toxic chemicals (“controlled products”). Clause 4Clause 4Clause 4Clause 4 amends Section 11 of the Principal Act to prohibit exports of unregistered controlled products Clause 5Clause 5Clause 5Clause 5 amends Section 12 of the Principal Act to prohibit the exportation of controlled product unless the exporter is licensed. Clause 6Clause 6Clause 6Clause 6 amends Section 15 of the Principal Act to provide for regulations to regulate the exportation of controlled products and to require exporters to have available antidotes for controlled products, where such antidotes exist. Clause 7Clause 7Clause 7Clause 7 amends Section 16 of the Principal Act to provide for applications for licenses to export controlled products, and to provide for the granting, refusal, and revocation of such licenses Clause 8Clause 8Clause 8Clause 8 amends Section 18 of the Principal Act by prohibiting exports of controlled products from Guyana to another country, except where such products comply with the laws of Guyana and are accompanied by a certificate to this effect from the Board. Clause 9Clause 9Clause 9Clause 9 amends Section 19 of the Principal Act to allow the Minister to make and Order (after consulting with the Board) to prohibit the exportation of controlled products specified in the Order, and simultaneously to Order the withdrawal from sale and the disposal of such products. Clause 10Clause 10Clause 10Clause 10 amends Section 20 of the Principal Act to allow Inspectors to examine customs entries of controlled products to be exported, and to take samples from such products for analysis. It also provides for the report of the Inspector or Analyst concerned to determine whether or not a product may be exported from Guyana. Clause 11Clause 11Clause 11Clause 11 amends Section 32 of the Principal Act to allow the Minister to make regulations to regulate exporters and the exportation of controlled products. Clause 12 Clause 12 Clause 12 Clause 12 amends Section 34 of the Principal Act to make it an offence to export controlled products in breach of the Principal Act or the Regulations