Agricultural Pesticides (Amendment) Regulations 1990 (L.N. 422 of 1990)

I'1\INTm ANO PlJnI.I~ln'O nv H. MYERS. GOVERNMENT PRINTER AT nm GOVl:RNMlON1' PRINTING DF.rARTMENT, HONG KONG L. S. NO.2 'ro GAZETTE NO. 51/1990 L.N. 422 of 1990 L.N. 422 of 1990 DI981 AGRICULTURAL PESTICIDES ORDINANCE (Chapter 133) AGRICULTURAL PESTICIDES (AMENDMENT) REGULATIONSt'19JO Made by the Governor in Council under section 19 1. Citation and commencement (I) These regulations may be cited as the Agricultural Pesticides (Amend ment) Regulations 1990. (2) These regulations shall come into operation on the day appointed for the commencement of the Agricultural Pesticides (Amendment) Ordinance 1990 (79 of 1990). 2. Citation amended Regulation I of the Agricultural Pesticides Regulations (Cap. 133 sub. leg.) is amended by repealing "Agricultural". 3. Interpretation Regulation 2 is amcnded (a) in the definition of "label" by repealing "an agricultural" and substituting "a"; and (b) by adding after the definition of "permittec" ""specified fcc", in relation to a matter, means the fee specified in the Schedule in respect of that matter.". 4. Application for registration of agricultural pesticide Regulation 3 is amended (a) in paragraph (I), by repealing "an agricultural" in the two places where it occurs and substituting "a"; (b) by repealing "agricultural" wherever it occurs in paragraphs (I)(a), (b), (c), (d), (II) and (i), (2) and (3); and (c) by repealing paragraph (l)(j) and substituting "(j) the specified fee.". DI982 I..N. 421 of 1990 L. S. NO.2 TO GAZETI'E NO. 51/1990 5. Contents of register Regulation 4( I) is repealed and the following substitutcd-i "(1) The Director shall, hi respect of each registered pesticide, cause to be entered in the register (a), the chemical name and the common name, if any. by which the pesticide is known and under which it is to be sold or supplied; (b) the concentration of the active ingredients and formula tion of the pesticide permitted for retail sale or supply; (c) the name and address of each person who applied for the registration of the pesticide; and (d) the conditions, if any. subject to which the pesticide is registered.". 6. Publication of list of registered agricultural pesticides I Regulation 5 is amended (a) in paragraphs (I) and (2), by repealing "agricultural" in the two places where it occurs; and (b) in paragraph (3)(a), by repealing "an agricultural" and sub stituting "a". 7. Regulations amended Regulations 6, 10, 11, 13, 15 and 17 arc amended by repealing "agricultural" wherever it occurs. 8. Form and duration of licences and permits Regulation 7 is amended (q) in paragraph (I~, by adding "and shall be issued subject to the payment of the specified fee" after "Director"; (b) by repealing paragraph (2) and substituting "(2) Every licence shall expire 12 months after the date of issue but may, on payment of the specified fcc, be renewed by the Director."; and (c) in paragraph (3), by adding "subject to the payment of the specified fee" after "fit". 9. Labelling of registered agrlcultural pesticides on sale or supply by retail Regulation l2 is amended L. S. NO.2 TO GAZETTE NO. 51/1990 L.N. 422 "f 1990 B19!l3 (a) by repealing "agricultural" wherever it occurs except in para graph (I )(g); (b) by adding after paragraph (1)(0) "(oa) the expression "Keep out of reach of children" and the characters " iUIH~m "; (ah) the registration number of the pesticide;"; and (c) in paragraph (I)(g), by repealing "an agricultural" and sub stituting "a". 10. Sample container to be supplied to Director Regulation 14 is amended by repealing "an agricultural" and "the agricultural" and substituting "a" and "the" respectively. 11. Restrictions on sale, supply and advertisement Regulation 16 is amended (a) by repealing "agricultural" wherever it occurs; and (b) in paragraph (1)(a), by repealing "by retail" in the. two places where it occurs. 12. Fees Regulation 18 is repealed. 13. Schedule added The following is added after regulation 19 "SCHEDULE FEES Hem Malter I. For application for registration of a pesticide under regulation 3 1,200 2. For lodging of an application for a licence under regulation 6 70 3. For lodging of an application for a permit under regulation 6 70 4. For issue of a licence under regulation 7( I) in respect of pesticides registered in Part I only of the register 160 5. For issue of a licence under regulation 7(1) in respect of pesticides registered in Part 1\ or both Parts I and II of the register : : 415 6. For issue of a new licence under regulation 9(3) and (4) at the request of a licensee ,........... 180 DI984 Item L.N. 422 of 1990 L. S. NO.2 TO GAZETTE NO. 51/1990 Matter 7. 8. 9. 10. 11. 12. 13. 14. For issue of a permit under regulation 7( I) in respect of an unregistered pesticide imported or possessed only for re-export without re-packaging ..... For issue of a permit under regulation 7(1) in respect of an unregistered pesticide for any other purpose . For issue of a new permit under regulation 9(3) and (4) at the request of a permittee . For renewal of a licence under regulation 7(2) in respect of pesticides registered in Part I of the register . For renewal of a licence under regulation 1(2) in respect of pesticides registered in Part II or both Parts I and II of the register . For issue of a duplicate licence or permit under regulation 1(4) .. For extension of a permit under regulation 7(3) in respect of an unregistered pesticide imported or possessed only for re-export without re-packaging ..... ::~ici~~ni~~~~:~lhc~~:r~:r.:.~~~~~~~~.~..:~.~!.~~.~~~~.~:.~~.~~~~~~~~~~~ 300 525 300 75 255 75 165 345". 14. Transitional provlsions Notwithstanding the amendments in regulations 7 and 9, for a period of 1 year beginning on the date of commencement of these regulations, regula tions II and 12 of the Agricultural Pesticides Regulations, as amended by these regulations, shall not apply to pesticides other than agricultural pesticides. R. C. GILL, Clerk ofCouncils. COUNCIL CHAMDER, J1 December 1990. Explanatory Note By virtue of the Agricultural Pesticides (Amendment) Ordinance 1990 (79 of 1990), all pesticides and the use thereof arc controlled by registration and licensing. These regulations amend the Agricultural Pesticides Regulations to further implement the changes. 2. All pesticides may now be registered subject to conditions. Regulation 5 accordingly changes the contents of the register. 3. Regulation 8 abolishes the previous practice of having all licences expiring on the same date and instead makes licences valid for I year after issue. L. S. NO.2 TO GAZETTE NO. 51/1990 L.N. 4220( 1990 BI985 4. Regulation 9(b) requires additional information to be setout in labels of containers containing registered pesticides. 5. Regulation ll(h) amends regulation 16(1)(a) of the principal regulations so that any sale of registered pesticides (whether by wholesale or retail) is controlled. 6. The fee structure is changed. Now a two-tier fee structure is imposed in some instances to reflect different administrative costs. The fees payable are now set out in a new Schedule (regulations 3 and 13). 7. Regulation 14 provides for a one-year transitional period in respect of regulations II and 12 (which deal with packaging and labelling requirements respectively) of the principal regulations. This gives suppliers and packers of pesticides not previously controlled more time to change labels or bottles. 8. The other regulations delete the word "agricultural" so that the principal regulations apply to all pesticides. J&~f~~f91J(m 133 itt) 1990 1f.J:IU~ (~~Jtr)m1911