Pesticides and Toxic Chemicals (Amendment) Act, 1986 (No. 11 of 1986)

h "T' idad and Tobago Gazette" Vol 25;gal Supplement Part AN~~ :1g, .U~nJulll, 1986 " ". P li " "t Republic of "TrinidadF'fth Session Second ar amen 1 and Tobago Al"TO'Hf{f;' , G.f!~~~~L't CHA~aE.Ht REPUBLIC OF TRINIDAD AND TOBAGO Act No. 11 of 1986 [L.S,] AN ACT to amend the Pesticides and Toxic Chemicals Act, 1979 [Assented to 25th July, 19861 WHEREAS it is enacted by subsection (1) of section 13 of the Constitution that an Act of Parliament to which that section applies may expressly declare that it shall have effect even though inconsistent with sections 4 and 5 of the Constitution and, if any Act does so declare, it shall have effect accordingly: 118 No. 11 Pssticide8 mttl Toxic Chemicals 19 EnactJDeDt Short title Act at variance With ConstItution Act No. 42 of 1979 amended SectionS amended Section 4 amended And whereas it is provided in subsection (2) of the said section 13, that an Act of Parliament to which that section applies is one the Bill for which has been passed by both Houses of Parliament and at the final vote thereon in each Househas been supported by the votes of not less than three-fifths of all the members of that House: And whereas it is necessary and expedient that the provisions of this Act shall have effect even though mconsistent with sections 4 and 5 of the Constitution: Now, TaEREFOBE, BE IT ENACTED by the Parliament of Trinidad and Tobago as foIlows: 1. (l) This Act may be cited as.the Pesticides and Toxic Chemicals (Amendment) Act, 1986. (2) This Act shall have effect even though incon­ sistent with sections 4 and 5 of the Constitution. 2. The Pesticides and Toxic Chemicals Act, (here­ inafter referred to as "the Act") is amended. 3. The Act is amended in section 3 by (a) substituting for the word "four" occur­ ring in line one of paragraph (f), the word "five"; (b) (i) deleting the words "and" appearing at the end of (t) (iii). (ill substituting a "semi-colon" and the word "and" for the full-stop at the end of subparagraph (iv). (iii) Renumbering subclauses (b) and (e) as (e) and (d). (e) substituting for the word "three" occur­ ring in line four of subsection (7) the word "four". 4. The Act is amended in section 4 by (a) introducing new paragraphs as follows "(a) to determine all applications for registration, licences, re­ search permits, and general research permits, within a reasonable time after the appli­ cations are received; J. 11 Pesticides and Toxic Chemicals 1986 119 (b) to grant, or cancel registra­ tion, licences, or permits In circumstances where the Board deems it fit to do so."; (b) re-lettering paragraphs (a), (b), (e) to read (e), (d), (e); (c) introducing new subsections (4) and (5) as fonows "AP1Je8ls (4) There shall be an appeals tribunal (hereinafter referred to as 'The Tribuna!') the function of which shall be to hear and deter­ mine appeals from the decision of the Board. (5) The Tribunal shall com­ prise (a) the Permanent Secretary of the Ministry respon­ sible for the administra­ tion of matters relating to health; (b) the Permanent Secretary of the Ministry respon­ sible for the administra­ tion of matters relating to agriculture; and (e) a person with specialised knowledge in pesticides and toxic chemicals or i n occupational medi­ cine or i n d u s t ria I hygiene, appointed by the Minister."; (d) introducing a new section 4A as follows l~hfbl. 4A. (1) Subject to subsection (3) no person shall (a) manufacture, imp 0 r t, sell, use, s tor e in marketable quantities or transport a controlled 120 No. 11 Pesticides and Toxic Chemicals 19~ product unless the pro­ duct is registered as prescribed; (b) import a controlled pro­ duct, unless the.person is the holder of an im­ port licence obtained in the manner prescribed; (e) store a controlled pro­ duct in marketable quan­ tities, unless the premi­ ses in which the con­ trolled product is stored, is registered as pre­ scribed; (d) manufacture, imp 0 r t, use, store in marketable quantities dispose of or transport a controlled product unless the per­ son does so in the pre­ scribed manner; (e) carry on the business of a pest control operator without ali c e nee obtained under this Act. (2) A person is deemed to store a controlled product in marketable quantities when there are on premises occupied by him larger quantities of a controlled product than would reasonably be necessary for his domestic use. (3) The provisions of sub­ sections (1) and (2) above take effect either (a) one hundred and twenty days after the coming into force of this Act; or 11 Pesticides and Toxic Chemicals 1986 121 SeCtion 8 wU.ended (b) where an application for registration or for a licence is made within one hundred and twenty days after the coming into force of this Act on the determination of the application by the Board.". 5. The Act is amended in section 5 by inserting ~::e~ before the word "Food" appearing in line two of sub­ section (1), the word and symbol "Chemistry/". 8. The Act is amended in section 8 (a) by repealing subsections (2) and (3) and by replacing them as follows " (2) (a) Where an inspector has reasonable grounds to believe that an offence has been, is being, or is likely to be committed under this Act, he may before entering any vehicle, land or premises for the purpose of searching and confiscat­ ing any article therein, obtain a warrant issued by a magistrate. (b) Where premises or any part thereof, are used as a dwelling house the inspector shall obtain a warrant before entering those premises or as the case may be, that part of the premises used as a dwell­ ing house. (c) B ef 0 re an inspector enters any place or vehicle in cir­ cumstances where he has not obtained a warrant, he shall produce to the occupier or person in charge of the place or vehicle, his certificate of designation, or S 0 m e other duly authenticated document showing that he is an inspector. In No. 11 Pesticide8 and Toxic Chemicals Section 13 amended Section IS amended (3) Where any item has been seized and detained for the purpose of an examination, and it is found that no offence has been committed under this Act, in relation to these goods, the goods shall be returned to the owner within a reasonable time 1hereafter."; (b) by renumbering subsections (3) and (4) to read (4) and (5) respectively. 1. The Act is amended in section 13, by repealing and replacing paragraphs (a) and (b) of subsection 0) as follows "(a) contravenes the provisions of this Act; (b) breaches any conditions subject to which a controlled product is registered or a licence was granted to him under the regulations;" 8. The Act is amended in section 15 by deleting the words "or the subject matter of the prosecution arose" occurring in lines three and four and the words liar happens to be" occurring in line five thereof. Passed in the Senate this 14th day of January, 1986. R L. GRIFFITH Clerk of the Senate !TIS HEBEBY CEBTIFmn that this Act is one the Bill for which bas been passed by the Senate and at the final vote thereon in the Senate has been supported by the votes of not less than three-fifths of all the members of the Senate that is to say by the votes of 21 Senators. R.L. GRIFFITH Clerk of the Senate Passed in the House of Representatives this 4th day of July, 1986. J. E. CARTER Clerk of the House 11 Pesticides and Toxic Chemicals 1986 123 IT IS HEREBY CERTIFIED that this Act is one the Bill for which has been passed by the House of Representatives and at the final vote thereon in the House has been supported by the votes of not less than three-fifths of all the members of the House that is to say by the votes of 27 members of the House. J. E. CARTER Clerk of the Hom, GOVERNMENT PRINTERY, TRINIDAD, TRINIDAD AND TOBAGo-1986