Agricultural Pesticides (Amendment) Ordinance (No. 79 of 1990)

Legal Supplement No.2 TO rus HONG KONG GOVERNMENT GAZETTE Published hy Authority FRIDAY, 21 DECEMBER, 1999 SUI'. TO GAzrrrn No. 51 VOL. CXXXII B130 L:"i.25ofl~ L. S. NO.2 TO GAZETTE NO:4/1991 L.N. 25 of 1991 AGR1CULTlJRA.L PESTICIDES (A~fE~DMENT)ORDINANCE 1990 (79 of 1990) AGRJC1."Ln"R-\L PESTICIDES (A..\I£:\1):\1£:."I) ORD[';.'\-'\;C£ 1990 (CO:\f\I£:\CDrr:~T) ~OTlCE 1991 Under section J(2) of the Agricultural Pesticides (Amendment) Ordinance 1990, the Governor appoints 25 February 1991 as the day on which the Ordinance shall come into operation. By Command, M. D. CAR"tLASD, Acting Secretary for Health and ·Welfare. 18January 1991. A 1132 On!. No. 79 of 1990 AGRICULTURAL PBSTICIDES (AMBNDMENT) AGRICULTURAL PESTICIDES (AMENDMEN11 ORDINANCE 1990 ARRANGEMENT OF SECTIONS Section J. Short title and commencement A J1J3 2. Long title amended A113) 3. Short title amended A II 34 4. Interpretation AIIJ4 5. Application A 1135 6. Section substituted 4. Register of pesticides AID5 7. Registration AI135 8. Power of Director to cancel or modify registration A 1135 9. Control of registered agricultural pesticides A II 36 10. Control of unregistered agricultural pesticides AI136 II. Licence or permit for agricultural pesticides A 1136 12. Directions on disposal of agricultural pesticide where licence or permit cancelled AIIJ6 13. Seelion added 13A. Prohibited or controlled inert ingredients A 1136 14. Powers of entry, seizure, etc AID7 15. Offences and penalties ,......... .... .... ............... ............ ...... ............. A 1137 16. Forfeiture AI13R 17. Regulations : : AI138 18. Trademarks, merchandise marks, patents and copyright not affected A II 38 19. Pharmacy and Poisons Ordinance not to apply to agr icultural pesticides AID8 20. Section substituted 23. Transitional and savings provisions AIIJS 21. Consequential amendments AIIJ9 Schedule. Consequential amendments A II 39 AGRICULTURAL PESTICIDES (AMENDMEN1) HONG KONG ORDINANCE No. 79 OF 1990 Ord. No. 79or 1990 AIB3 I assent. David WILSON, Governor. 15 November 1990 An Ordinance to amend the Agricultural Pesticides Ordinance. Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof. I: Short title and commencement (1) This Ordinance may be cited as the Agricultural Pesticides (Amend ment) Ordinance 1990. (2) This Ordinance shall come into operation on a day to be appointed by the Governor by notice in the Gazelle. 2. Long title amended The long title to the Agricultural Pesticides Ordinance (Cap. 133) is amended by repealing "agricultural"; Ord. No. 79 or 1990 AGRICULTURAL PESTICIDES (AMENDMENT) 3. Short title amended Section t is amended by repeating "Agricultural". 4.. Interpretation Section 2 is amended (a) by repealing the definitions of "registered agricultural pesticide" and "unregistered agricultural pesticide"; (b) by repealing "agricultural" in the definitions of "licence", "permit" and "register"; and (c) by adding, in their appropriate alphabetical order, the following definitions ""active ingredient", in relation to a pesticide, means any substance, mixture of substances or biological agent in the pesticide which is the biologically active part of the pesticide; '\ "inert ingredient", in relation to a pesticide, means any ingredient of the pesticide which is not an active ingredient; "pesticide" means- . (0) any insecticide, fungicide, herbicide, acari cide or any substance (whether organic or inorganic) or mixture of substances used or intended to be used for preventing, destroying, repelling, attracting, inhibiting or controlling any insect, rodent, bird, nematode, bacterium, fungus, weed or other form of plant or animal life or any virus, which is a pest; or (b) arty substance or mixture of substances used or intended to be used as a plant growth regulator, defoliant or desiccant, but does not include-s (i) any purely mechanical device for trapping or catching insects, rodents or other animals; (ii) any purely electromagnetic or ultrasonic device for the control of mosquitoes, rodents or other pests; (iii) any antiseptic, disinfecting solution or prepa ration in clinical or sanitary applications; and (iv) any pharmaceutical product within the meaning of section 2 of the Pharmacy and Poisons Ordinance (Cap. 138); AGRICULTURAL PESTICIDES (AMENDMENl) Ord. No. 79 of 1990 A1135 "registered pesticide" means a pesticide which is registered in the register; "unregistered pesticide" means a pesticide which is not registered in the register.". 5. Application Section 3 is amended (a) by repealing "an agricultural" wherever it occurs and substituting H a"; (b) in subsection (I), by repealing paragraphs (0) and (b); and (c) by repealing subsection (2). 6. Section substituted Section 4 is repealed and the following substituted "4. Register of pesticides The Director shall maintain a register of pesticides in which (0) Part I shall contain a list of all pesticides which are in a form ready for immediate use without going through any treatmentor process and which are for general domestic use; and (b) Part II shall contain a list of all other pesticides .'•. 7. Registration Section 5 is amended (0) in subsections (I), (4) and (5), by repealing "an agricultural" and substituting "a"; and (b) in subsections (3)(a) and (4), by repealing "the agricultural" and substituting "the". 8. Power of Director to cancel or modify registration Section 6 is amcndcd (0) by repealing "an agricultural" wherever it occurs and substituting "a"; and (b) in paragraph (0), by repealing "subject to such conditions as he may think fit". Ord. No. 79 or 1990 AGRlCULTURAL PESTICIDES (AMENDMENl) 9. Control of reglstered agricultural pesticides Section 7 is amended (a) by repealing "agricultural" wherever it occurs; (b) in subsection (I), by adding after paragraph (a) "(aa) manufacture;"; and (e) in subsection (2)(b), by repealing "in connexion with agricultural pursuits carried on by him". 10. Control of unregistered agricultural pesticides Section 8 is amended (a) by renumbering the section as subsectionf l): (b) in subsection (1) (i) by repealing "agricultural"; and (ii) by adding after paragraph (a) "(aa) manufacture;"; and (e) by adding after subsection (1)- . "(2) Subsection (I)(d) shall not apply in relation to a person to whom the unregistered pesticide is sold or supplied by a holder of a permit in accordance with the permit conditions.". 11. Licence or permit for agricultural pesticides Section 9 is amended-« (a) in subsection (4), by repealing "agricultural" wherever it occurs; (b) in subsection (5), by repealing "The" and substituting "Subject to subsection (6), the"; (e) by repealing subsection (6) and substituting "(6) A licence authorizing the sale of a pesticide shall be subject to the conditions of registration of that pesticide."; and (d) in subsection (7), by repealing t'agricultural". 12. Directlons on disposal or agricultural pesticide where licence or permit cancelled Section 13(1) is amended by repealing "agricultural" in the 2 places where it occurs. 1.3. Section added The following is added after section 13 "lJA. Prohibited or controlled inert ingredients Where the Director is of the opinion that the use of a particular inert ingredient in the manufacture of pesticides, or that the import, sale or AGRICULTURAL PESTICIDES (AMENDMEN1) Ord. No. 79 or 1990 AI131 supply of pesticides containing a particular inert ingredient should, in the interest of public safety, be prohibited or controlled, he may. by notice in the Gazette-s (a) prohibit the use of the inert ingredient in the manufacture of pesticides; (h) prohibit for all or any purposes the import, sale or supply of pesticides containing the inert ingredient; . (c) control the use of the inert ingredient in the manufacture of pesticides by imposing such conditions on such use as he thinks fit and specifies in the notice; (d) control the import, sale or supply of pesticides containing the inert ingredient by imposing such conditions on such import, sale or supply as he thinks fit and specifies in the notice .... 14. Powers of entry, seizure, etc. Section 15 is amended by repealing "agricultural" wherever it occurs. : 15. Offences and penalties Section 17 is amended by adding after subsection (3} "(4) A holder of a licence or permit who, in the manufacture of pesticides, (a) uses any inert ingredient 'the use of which is prohibited by notice under section 13A(a); or (0) uses any. inert ingredient the use. of which is subject to conditions specified by notice under section 13Mc) in contravention of any condition so specified, commits an offence and is liable to a fine of $2,000 and to imprisonment for 6 months. (5) A holder of a licence or permit who imports or. causes to be imported, sells or offers or exposes for sale, supplies or offers to supply for use in Hong Kong (a) any pesticide the import, sale or supply;of \Vhich, as may be appropriate, is prohibited by notice under section 13A(b); or (b) any pesticide the import, sale 'or supply of which, as may be.. appropriate, is subject -10' conditions specified by notice under section 13A(d) in contravention of any condition so specified, commits an offence and is liable to a fine of $2,000 and to imprisonment for 6 months.". AI 138 o-e. No.79of 1990 AGRICULTURAL PllSTICIDES (AMENDMENT) i6. Forfeiture Section 18 is amended (0) in subsection (1) (i) by repealing "agricultural" in the first place where it occurs; (ii) by repealing "an agricultural" and substituting "any"; and (iii) by repealing "such agricultural" and substituting "such"; and (b) in subsection (2), by repealing "agricultural" wherever it occurs. 17. Regulations Section 19(1)is amended (a) by repealing "agricultural" wherever it occurs; and (b) in paragraph (b), by repealing "in Part II of the register". 18. Trademarks, merchanllise marks, patents and copyright not affected Section 20 is amended (0) by repealing "an agricultural" and substituting "a"; and (b) by repealing "that agricultural" and substituting "that". 19. Phannacy and Poisons Ordinance not to apply to agricultural pesticides Section 21 is amended (0) by repealing "Subject to section 23, the" and substituting "The"; and (b) by repealing "agricultural". 20. Section substituted Section 23 is repealed and the following substituted "23. Transitional and savings provisions (I) Notwithstanding anything in this Ordinance a person who, immediateiy before the commencement date (0) had in his possession any pesticide other than. agricultural pesticide; or (b) carried on a business of manufacturing, selling, offering or exposing for sale or supplying or offering to supply any pesticide other than agricultural pesticide, AGRICULTURAL PESTICIDES (AMENDMENT) Ord.No.790fl990 AII39 shall be entitled to have in his possession that pesticide or to continue to carryon that business without a licence or permit (i) for a period of 6 months from the commencement date; and (ii) if before the expiry of that period he applies for a licence or permit, until the licence or permit is issued, or finally refused. (2) A person may import into Hong Kong any pesticide other than agricultural pesticide without a licence or permit during a period of 6 months immediately following the commencement date if that pesticide was ordered not less than 2 months before the commencement date. (3) Notwithstanding anything in this Ordinance, the Pharmacy and Poisons Ordinance (Cap. 138) in force at the commencement date shall continue to apply to any pesticide other than agricultural pesticide imported before the commencement date or imported under subsection (2) if such pesticide is or contains a poison within the meaning of the Pharmacy and Poisons Ordinance (Cap. 138). (4) A licence or permit granted under this Ordinance which was in force immediately before the commencement date shall remain in force, subject to the provisions of this Ordinance, for so much of the period for which the licence or permit was granted as falls after the commencement date. (5) In this section "commencement date" means the day appointed for the commencement of the Agricultural Pesticides (Amendment) Ordinance 1990 (79 of 1990).". ... " 21. Consequential amendments The enactments listed in column 2 of the Schedule are amended in the manner specified in column 3. SCHEDULE CoNSSQUI!NTIAL AMENDMENTS [s.21) Item Enactment t. Specification of Public Offices (Cap. I sub. lcg.) 2. Import and Export (General) Regulations (Cap. 60sub. leg.) Amendment In the Schedule where the Director or Agriculture and Fisheries is the specified office, repeal "Agricultural Pesticides Ordinance" and substitute "Pesticides Ordinance". (0) In regulation 2, repeal the definition or "agricultural pesticide" and substitute ""pesticide" has the meaning assigned to it in section 2 or the Pesticides Ordinance (Cap. 133);"; 140 Ord, No.7} of 1990 3. Customs and Excise Service Ordinance (Cap. 342) AGRICULTURAL PESTICIl)ES (AMENDMENT) (b) in the First Schedule, repeal item 6 and substitute "6. Pesticides."; and (c) in the Second Schedule, item 5, repeal everything that occurs in the second column and substitute "Pesticides.". In Schedule 2, repeal "Agricultural Pesticides Ordin ancc" and substitute "Pesticides Ordinance".