Pesticide Regulations, 1977 (G.N. No. 10 of 1977)

Rhodesia Government Notice No. 10 of 1977. (CAP.1tl Pesticide Regulations. 1977 .~ IT is hereby notified that the Minister of Agriculture has. in terms of section 21 of the Fertilizers, Farm Feeds and Remedies Act rChapter JIll. made the following regulations: Title 1. These regulations may be cited as the~ ItqIlla tione, 19?7. Interpretation of terms 2. In these regulations "active ingredient" means the substance in a pesticide which (a) prevents the establishment of, or controls or destroys. plants or insects. or which prevents or cures a disease, infestation or other unhealthy conditions of a plant or a product derived there from; or (b) stimulates or retards the rare of plant growth; "common name", in relation to an active ingredient, means the name accepted by a registering officer as being internationally recognized as the common name of the active iugrookm; "experimental pesticide" means a chemical to be assessed in Rhodesia for primary biological activity as H pesd cide, and not available to the public as a pesticide: "pesticide" means a formulation containing an active in gredient. and includes fungicides. insecticides. nemati cides, aearacides, avicides, herbicides, arboricides, bactericides, molluseicides, rodenticides, any substance which is used for the control of virus disease of plants and any substance which is used to retard or stimulate the growth of plants, but excludes substances which are intended tor plant nutrition or tor veterinary remedies and preparations; 29 Pesticide Regulatiortt. 1977 "recognized research institution" means a research institu tion recognized by the Minister as competent to carry out research into pesticide U~. Registration 3. 0) No pesticide may be sold unless it is registered in terms of these regulations. (2) No unregistered pesticide shalt be imported except with the written consent of a registering officer. (3) Every application for registration of a pesticide shall be submitted, in triplicate, to a registering officer in the form P.l, prescribed in the First Schedule. (4) Every application shall be (a) accompanied by three copies of the text of the label which is intended for use on the container in which the pesticide is to be sold: and (h) acoornpanied by two samples of the pesticide, in an amount to be determined by the registering officer, if he considers it necessary. (5) An application for the renewal of a registration of a pesticide shall be submitted, in triplicate, to a registering oflker in the form P.2, prescribed in the First Schedule, not later than the third anniversary of the date of such registration. and there after triennially. (6) Every reglstration uf a vestkide and renewal of such registration shall be valid for a period of three years, unless can celled earlier in terms of tbe Act. (7) A registering officer shall consider an application for registration or for the renewal ot registration in respect of a pesti cide manufactured outside Rhodesia only if the application is submitted through a representative who carries on business in Rhodesia. (8) No application for registration or for renewal of regis tration shall be considered by a registering officer unless. (a) it complies with the requirements of these regulations; and 30 (b) the applicant furnishes the registering officer with such further information as may be required to determine whether the pesticide is suitable. and sufficiently dlce tive for the purpose for which it is intended. (9) A registering officer shall. on registering or renewing the registration of a pesticide (a) issue a certificate of registration or renewal of registra tion. as the case may be; and (b) forward the certificate to the appUcant (10) Registration shall be completed only on receipt by a registering officer of the printed copy of the approved label or a facsimile thereof. (l J) A registration certificate shall apply only to the pesticide to which the certificate relates. (12) No pesticide which has been registered may be altered in any way so as to change its formulation. composition or usage. or ill any other manner whatsoever, unless a registering officer so agrees. Conditions 4. A registering officer, on registering :1 pesticide. m.ay, on the registration certificate, impose such conditions as he thinks fit. Experimentation 5. (1) No person shall import into Rhodesia any experi mental pesticide unless he is authorized, in writing, by a registering officer to do so. (2) Any person who imports an experimental pesticide shall. not later than seven days after the arrival of the pesticide in Rhodesia, complete, in triplicate. and forward to a registering officer the form P.3, prescribed in the First Schedule: Provided that. where lIU experimental pe~.tic.ide is importt"n by a recognized research institution, it shall. if a registering officer so permits. be sufficient for the recognized research institution to supply the registering officer with the name or designation only of the experimental pesticide. 31 Pesticide Regulations. 1977 (3) No experimental pesticide shan be offered to any person other than a person approved by a registering officp.r to participate in the experimentation. (4) In granting permission to import an experimental pesti cide in terms of subsection (1). a registering officer may impose such conditicns as he deems necessary with regard to the experi mentation with the pesticide. (5) It shall be a condition for the importation of experi mental pesticides that plants treated with experimental pesticides shall not be sold or disposed ot for consumption Without the written authority of a registering officer. (6) The label affixed to a container in which a pesticide is imported for purposes other than sale shall be clearly marked or printed with the words "FOR EXPERIMENTAL PURPOSES ONLy ~NOT FOR SALE". Appeals 6. An applicant who wishes to appeal against a decision of a registering officer in terms of section 7 of the Act shall (a) request the registering officer. in writing, for his reasons for refusing the application, imposing conditions or cancelling the registration. as the case may be, and the registering officer shall. within fourteen days of the receipt of the request, furnish the applicant, in writing, withhis reasons; and (b) wittun tilty-six days of being notified of the retusal, imposition of conditions or cancellation, as the case may be. appeal. in writing. against the decision of the registering officer to the Minister. Approval of brands 7. (1) Subject to the provisions of subsection (2), a registering officer shall, before registering any brand. consult the Registrar of Trade Marks, and satisfy himself that tho name of the brand does not resemble the name of any other brand of any nature whatsoever. (2) A pesticide shall not be registered under a brand if. in the opinion ot a registenng offil;t::r, ilit: brand i:r 32 R.O.N. No. 10 of jY'17 (a) of an insufficiently distinctive nature; or (b) so similar to a brand under which a pesticide has already been registered as to be liable to be mistaken far the other brand. Labelling 8. (l) No person shall sell any pesticide unless the label is securely affixed to the container. and clearly and indelibly marked in English and, where a registering officer considers appropriate. in an African language: Provided that, if an African language is used. an accurate translation shall be lodged at the time of registration with the registering officer. (2) The label. which shall be identical in all respects to that approved by a registering officer in terms of section 3. shall state (a) the company brand or symbol; and (b) the brand name of the pesticide; and (c) the registration number under which the pesticide is registered; and (d) the net quantity by mass or volume in the container; and (e) the common name, the chemical group and the per centage, on a mass-by-mass or mass-by-volume basis. of each active ingredient in the pesticide: Provided that a registering officer may dispense with this requirement if he considers that it is expedient to do so in relation to any pesticide: and (f) the purposes for which the pesticide has been regis. tered; and (g) the directions for use of the pesticide; and (h) the precautionary measures to he nhs~rve.d in handling, storing and using the pesticide; and (i) appropriate warnings with regard to the poisonous nature of the pesticide; and (j) the sympsoma of poiaoning. whete n.pplicnbl0; und 33 ~-~ ' (k) the remedial treatment in the case of poisoning. where applicable; and (l) any other information which a registering officer may approve or consider to be necessary. (3) Pesticides transported within the borders of Rhodesia to premises where they are further processed. packed or repacked for the retail trade shall be clearly and indelibly marked with the particulars prescribed in paragraphs (a), (b), (c). (d), (e), (h), (i), (j), (k) and (1) of subsection (2). ' (4) Au equilateral t~jangk 5ball be printed on, O~ securely affixed to, the label. in a colour approved by a registering officer. which triangle shall occupy an area of not Jess than one-twentieth of the area of the label. (j) The triangle at approved colour shall be located on the label in a position directly below the brand name of the pesticide. and the composition and registered number of the pesticide and the net mass or volume of the container shall appear directly above or below the triangle, which shall be delineated from the rest of the label by a black border or a black border on a white background to emphasize the approved colour. (6) No detail other than the composition and registered number or the pesticide and the net mass or volume uf the con tainer shall appear in a position between the brand name of the pesticide and the triangle of approved colour. (7) In the triangle of approved colour. there shall be printed such information, marks or symbols as a registering officer thinks necessary to denote toxicity. (8) The triangle of approved colour shall be coloured (a) in the case of extremely poisonous substances, purple: (b) in the case of very poisonous substances, red; (c) in the case of poisonous substances. amber; (d) in the case of substances not referred to in paragraphs (a), (b) and (c), green. (9) Except with the permission of a registering officer, no label shall contain any information or matter other than that pro vided for in this section. 34 RG.N. No. 10of 19TI (10) No label, once it has been approved by a registering officer. shall be altered in any manner whatsoever without the writtenapproval of the resisterins officer. Containers 9. (I) No pesticide may be sold. transported or stored unless n registering officer is sutisfied that the container in which the pesticide is to be packed is of sufficiently durable constructionand material. (2) A container- which contains any combustible substance shall be uf me tal, glass or uther non -001IIb U:Sliblt: material. (3) Pesticides which contain toxic or inflammable volatile ingredients shall be packed in durable. airtight containers. Guarantee 10. Any representation or claim on a label concerning the chemical composition OT the chemical and physical properties of a pesticide shall constitute a guarantee by the applicant of that pesticidefor its chemicalcomposition and its chemical and physical properties within the limits af five per centum variation of the stated figure. Advertisements 11. (1) No person shall, in an advertisement of a pesticide-s (a) state, imply or infer 'that the Government has guaran teed or approved the efficacy of the pesticide: Provided that nothing shall probihit the use. in an advertisement, of the words "Registered in terms of the Fertilizers. Farm Feeds and Remedies Act [Chapter HI]"; or (b) make or insinuate any claim in respect of such pesti cide. other than a claim approved by a registering officer. Repeals 12. The regulations specified in the Second Schedule are repealed. 3S FIRST ScHEDULE (Section 3) Pesticide Regulations. 1977 FOIDl P.1 FERTILIZERS. FARM FEEDS AND REMEOTE.l:i: Ac.T [CHA PTF.R 111] Pesticide Regulations. 1977 APPLICATION FOR REGISTRATION OF A PESTICIDE {to be submitted to the registering officer, in triplicate) PART J A. To be completed for all pesticides for which registration is sought. 1. Name of applicant . 2. Address of applicant (a) postal . •• ~ 444 •• ~ •• ~ ••••• 4 •••••••••••• 44 •••••••••• 444 ••••• ~. ~ •••• 4 4 4 •••••• ~. ~ (b) business . 3. Type of pesticide (fungicide. insecticide, etc.) . B. Information to be submitted with this application for all pesticides for which registration is sought: I. Brand name . " .. 2. Full chemical name u( each active ingredient .. 3. The common name of each active ingredient . 4. The empirical and structural formulae for each active ingredient 5. Proposed formulation " .. 6. ~erce~tage,. on mass-by-mass or mass-by-volume basis, of each ,flSredient m the p""'hc,d,. .. 7. Physical and chemical properties of each active ingredient . •••••••••••• ~ ~ ~. ~~. ~~ ~ ~ ~ ~'~ ~ ••• ~~~~~ ••• ' r r ~ ••• + •••••• ~ •••• + + + + ~ ~~ ~ + ~ ~~ ••• + ••••• ~ + + ••• ~ ••••• ..~.~ ' ~~.~ ~ ~~~ ~ ~ ~ ~ .. ~ ~~. ............................................................... ~~ ~~~.~ ~ . 8. Physical properties of formulations containing oils . . ~ ~ ~ ~ ~ . 36 R.G.N. No. 10 ol1977 9. Physical properties of formulations of dusts or granules . 10. Size of containers in which pesticide is to be sold, and net mass . u. Nature ot containers In which pesticide is to be sold . 12. Stability of formulation ( a ) <>n storage . (b). On dilution . 13. Corrosion of equipment . 14. Phytotoxicity . 15. Toxicology . 16. Safety precautions to be observed in handling, using and storage 17. Hazards to wild life . 18. Residue data .. 19. Proposed use .. 20. Directions for use . • • - •• ~ •••••••• ~ ••••• + •••••••••." ••••••••• + + ••• + + ~ ••• + ••••• y y + + + •• "+ + + ••••• + •••• +. +. •• ~ •••• 21. Methods of analysis . I hereby apply for the registration, in terms of the Fertilizers, Farm Feeds and Remedies Act [Chapler lJ 1], of the pesticide particulars of which are given above, and I certify that these particuJa.ware. to the best of my knowledge, true and correct. Date . ......................... Signature of applicant . NOle.-The detailed information required in section B must accompany the applicaton. Any claims made for biological effectiveness and statements made respecting residues must be supported by detailed t'Eo'..v~nt "Yl"" ~im ..ntal .horn 37 Pesticide Regulations. 19TI PART D CERTIFICATE OF RE.GISTRATION OF A PESTICWB Number , . I hereby (a) certify that the pesticide referred to in Part I has been registered; {b) 8.DDrove the labels. copies of which are attached hereto, llnd which are to be wed in connexion with the said pesticide, This registration expires on . and is subject to the following conditions: Date . Registering officer . Form P.2 FERTILIZERS, FARM FEEDS AND REMEDIES ACf [CHAPTER 111] Pesticide Regulations, 1977 APPLICATION FOR RENEWAL OF REGISTRATION OF A I'I:STICmB (to be submitted to the registering officer, in triplicate) PART! 1. Name of applicant . 2. Address of applicant . 3. Brand name , ., , . Name of pesticide Date of existing registration Number of certificate of registration Period for which renewal of registration is applied for: from the , 19 to the , .19 . I certify that the composition and formulation of the pesticide{s) referred to above have not been changed since the date upon which applicatioll for registration 'Was made. Date Signature . 38 R.O.N. No. 100£ 1977 PART II (for official use only) Number . I hereby certify that the pesticide referred to in Part I has been registered, subject to the following conditions: Date 19 . Regiatering officer Form PJ FERTILIZERS. FARM FEEDS AND REMEDIES Acr [CHAPTER 111) Pesticide Regulations, 1977 Information to be Submitt..d. [n Tripl;o;;at". to tho n"gi3to;;nns OffiQQ" in Respect of Experimental Pesticides I. Name of applicant . 2. Address of applicant (aJ. postal .. (b) business .. 3. Code name or number of pesticide . 4, Type of pesticide (fungicide. insecticide, etc.) " .. 5. Chemical group .. 6. Toxological data, if available (a) humans and animals . 39 Pesticide Regulations. 1977 (b) symptoms of poisoning , . (c) first aid " " . 7 M,,~~ o~ volume of ppd;citl" imported 8. Suggested use .. 9. Location of trials .. 10. Plot-size , .. II. Person conducting the trials , ,". Date . Signature of applicant SECOND SCIffiOULE (Section 12) REPEAlS rute Pesticide Regulations, 1971 As corrected by Pesticide (Amendment) Regulations, 1973 (No. I) Pesticide (Amendment) Regulations, 1974 (No.2) Pesticide {Amendment) Regulations, In5 {No, 3) Rhodesia Government Nouce No. 241 of 1971 304 of 1971 1150 of 1973 190 of 1974 '/63 of 1!1/5 Supplem'mt to the Rhodes ia GO" ..,nm..nr Cault.. dated tire 7th '''''''(Jry. 1!l77. Printed by Ihe Government Printer, Salisbury. 40