Pesticides Control Act 1985

BELIZE PESTICIDES CONTROL ACT CHAPTER 216 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 PESTICIDES CONTROL ACT 5 Amendments in force as at 31st December, 2000. BELIZE PESTICIDES CONTROL ACT CHAPTER 216 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 PESTICIDES CONTROL ACT 5 Amendments in force as at 31st December, 2000. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 3 CHAPTER 216 PESTICIDES CONTROL ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. 3. Establishment of Pesticides Control Board. 4. Functions of the Board. 5. Policy directions. 6. Registered pesticides. 7. Licensing of manufacturer or importer of pesticides. 8. Restricted pesticides, authorisation to sell restricted pesticides and regis tration of premises. 9. Authorisation of applicators. 10. Duties of the Secretary. 11. Correction of registers. 12. Suspension and deletion of entry from registers. 13. Prohibited pesticides. 14. Packaging. Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 4 [ ] 15. Regulations. 16. Designation of officers. 17. Powers of inspector. 18. Certificate of inspection. 19. Penalties. 20. Appeals. FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 5 CHAPTER 216 PESTICIDES CONTROL [31st December, 1988 - all sections except for sections 9 and 14, which commenced 21st November, 2000 ] 1. This Act may be cited as the Pesticides Control Act. 2. In this Act, unless the context otherwise requires “advertisement” means any representation by any means whatsoever for the purpose of promoting directly or indirectly the sale or other distribution of any pesticides; “agriculture” means the production and storage of any produce for consump tion or any other purpose and includes the use of land for grazing, forestry and woodland, fish culture, bee culture, market gardening, horticulture and nurs eries or animal husbandry; “approved analyst” means the government analyst or any other analyst ap proved by the Minister; “article” or “article to which the Act and regulations apply” means (a) a pesticide or any produce to which a pesticide is believed to have been applied; or (b) anything used for the manufacture, packaging, storage, appli cation or use of a pesticide; or CAP. 181B, R.E., 1980-1990. 32 of 1985. 18 of 1988. 16 of 1988. 35 of 1988. 72 of 1988. 95 of 1988. 76 of 1990. 100 of 1995. Commencement. S.I. 18 of 1988. Short title. Interpretation. Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 6 [ ] (c) any labelling, packaging or advertising material which relates to a pesticide; “Board” means the Pesticides Control Board established under section 3; “container” means anything in which a pesticide is wholly or partly contained or packed; “extermination” means the use of pesticides for the destruction or control of pests on any land or premises or in a vehicle, ship or aircraft whether on land or any other place; “label” means any legend, word or mark attached to, included in, belonging to or accompanying a container; “manufacture” means the formulation, compounding or synthesizing of a pesticide; “Minister” means the Minister responsible for agriculture; “owner” means the owner of an article, his servant or agent, the person in whose possession an article is found, the owner of a vehicle or land or pre mises in which or on which an article is found, or the employer of a worker; “packaging” means the activity of putting pesticides in containers for sale or distribution; “pest” means any insect, rodent, bird, fish, mollusc, nematode, fungus, weed, micro-organism, virus, ectoparasites of animals and any other kind of plant or animal life which is injurious, troublesome or undesirable to growing crops, produce, processed food, wood, clothes, fabrics or other inanimate ob jects; “pesticide applicator” means a person who uses pesticides to carry out an extermination; THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 7 “pesticide” means a product intended to be used for controlling a pest; “prescribed” means prescribed by regulations made under this Act; “produce” means a crop grown for consumption or other use after it is sev ered from the land and includes anything ordinarily used or which may be used in the composition of food for human beings and domestic and farm animals, but does not include growing crops; “prohibited pesticide” means any pesticide of which the possible effects on the environment, plants, animals or human beings are considered by the Min ister to be too dangerous to justify its use; “registered pesticide” means a pesticide declared as a registered pesticide and given in the Second Schedule to this Act, and intended for general use; “restricted pesticide” means any pesticide which, if used in accordance with a widespread and commonly recognized practice, may generally cause, with out additional regulatory action, unreasonable adverse effects on the environ ment, including injury to the applicator; “Secretary” means the Secretary of the Pesticides Control Board as consti tuted under section 3; “worker” means a person employed in the use and handling of pesticides. 3. There shall be established a Board to be called the Pesticides Control Board and the constitution of the Board shall be as set out in the First Schedule to this Act. 4.-(1) The functions of the Board shall be (a) to register pesticides; Establishment of Pesticides Control Board. First Schedule. Functions of the Board. Second Schedule. Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 8 [ ] (b) to license persons to import or manufacture pesticides; (c) to authorise persons to sell restricted pesticides; (d) to register premises in which a restricted pesticide may be sold; (e) to authorise pesticide applicators to use restricted pesticides; (f) to classify any pesticide as a registered pesticide, restricted pesticide or a prohibited pesticide; (g) to consider and determine applications made pursuant to this Act and to deal with all aspects of the importation, manufac ture, packaging, preparation for sale, sale, disposal and use of pesticides and to advise the Minister on all matters in rela tion thereto; and (h) to do such other things as may be expedient or necessary for the proper performance of its functions under this Act. (2) Without prejudice to the generality of subsection (1) the Board may, at any time with the approval of the Minister, by order provide for the withdrawal from sale or use of any pesticide and for the disposal of any such pesticide. 5. The Minister may, after consultation with the Chairman, give to the Board directions of a general character as to the policy to be followed in the performance of any of its functions, and the Board shall give effect to such directions. 6.-(1) Any person may, subject to the provisions of this Act, manufacture, import, advertise or sell a pesticide which is declared to be a registered pesticide. Policy directions. Registered pesti cides. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 9 (2) A list of registered pesticides is given in the Second Schedule to this Act and this Schedule may be amended or replaced from time to time by order, by the Minister in consultation with the Board. (3) Any person wishing to sell a registered pesticide shall obtain from the Board a licence entitling him to sell registered pesticides and comply with such conditions as may be stipulated in the licence. 7. No person shall manufacture or import any pesticide unless he first obtains in the prescribed manner from the Board a licence to manufacture or import, as the case may require, that pesticide. 8.-(1) No person shall sell a restricted pesticide unless (a) he is authorised in the prescribed manner so to do; (b) the premises in which the sale is carried out have been registered in the prescribed manner for the purpose; and (c) the sale is carried out in accordance with such other require ments as may be prescribed. (2) A list of restricted pesticides is given in the Third Schedule to this Act and this Schedule may be amended or replaced from time to time by order, by the Minister in consultation with the Board. 9. No applicator shall use a restricted pesticide unless he is authorised by the Board to use such pesticide or is an employee or agent working under the direct supervision of an authorised person: Provided that the foregoing provision shall not apply to any occupier of a house using a restricted pesticide in his house for his own purpose or a farmer on his farm for his own purpose for non-commercial purposes. Second Schedule. Licensing of manufacturer or importer of pesticides. Restricted pesticides, authorisation to sell restricted pesticides and registration of premises. Authorisation of applicators. Third Schedule. Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 10 [ ] 10.-(1) The Board shall cause the Secretary to keep in such form as it may from time to time determine (a) a register to be known as the Register of Pesticides in which shall be entered the name and prescribed particulars of any pesticide registered under this Act; (b) a register to be known as the Register of Licences in which shall be entered the name and prescribed particulars of every person licensed under this Act to manufacture or import a registered pesticide; (c) a register to be known as the Register of Authorised Persons and Registered Premises in which shall be entered the name and prescribed particulars of every person licensed under this Act to manufacture or import a restricted pesticide and the prescribed particulars of the premises registered by that per son for the purpose of such sale; and (d) a register to be known as the Register of Authorised Applicators in which shall be entered the name and prescribed particulars of any person licensed under this Act to handle restricted pesticides. (2) The registers kept pursuant to subsection (1) shall be open to in spection by any member of the public at all reasonable times and a copy of each register shall be published in the Gazette at such times as may be pre scribed. (3) Every application for the registration of a pesticide, for a licence to manufacture or import a registered pesticide, for authorisation to sell a re stricted pesticide, for registration of the premises in which such restricted pes ticide may be sold or for authorisation to use restricted pesticides shall be made in the prescribed form and be accompanied by the relevant prescribed Duties of the Secretary. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 11 fee, and, subject to provisions of this Act, the Board may grant any such appli cation on such terms and conditions as it thinks fit, may refuse any such applica tion, and may at any time after an application has been granted revoke any licence, certificate or authorisation issued pursuant to that application. (4) The Secretary shall issue to every person whose application, made pursuant to this section, is granted, the appropriate licence or certificate of registration or authorisation, as the case may require, in the prescribed form. 11. It shall be the duty of the Secretary (a) to remove from any of the registers mentioned in subsection (1) of section 10 any entry which the Board directs him in writing to remove; (b) to correct in accordance with the Board’s directions any entry in any such register which the Board directs him in writing to correct as being in the opinion of the Board an entry which is incorrectly made; and (c) to make from time to time any necessary alterations in any prescribed particulars contained in any such registers. 12.-(1) If any person who has obtained any registration, licence or authorisation pursuant to this Act is found upon enquiry by the Board to have procured such registration, licence or authorisation as the case may be, as a result of any misleading, false or fraudulent representation, the Board may if it thinks fit either suspend that registration, licence or authorisation as the case may be, for a period not exceeding one year, or direct the Secretary to delete the relevant entry from the appropriate register. (2) The Board may at any time if it thinks just direct any entry which has been deleted from a register pursuant to subsection (1) to be reinstated. Correction of registers. Suspension and deletion of entry from registers. Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 12 [ ] (3) The Board may, as soon as practicable after (a) any registration, licence or authorisation has been suspended or deleted from a register; or (b) the reinstatement of any registration, licence or authorisation which was deleted from a register, cause notice of the appropriate fact to be published in the Gazette. (4) Whenever any registration, licence or authorisation is deleted from a register, the Board may in writing require the person to whom such registra tion, licence or authorisation had been granted to return to the Secretary the relevant certificate or licence, as the case may be, and such person shall com ply with that requirement. 13.-(1) Pesticides not registered as required in section 6 or listed under sec tion 8 shall be prohibited pesticides and accordingly shall not be brought into or used in Belize: Provided that the Board may allow a person who has in his posses sion or control any prohibited pesticide on the date of commencement of this section, or who had contracted to import any prohibited pesticide prior to such commencement, to dispose of such pesticide within a period not exceeding six months of such commencement in such manner as the Board shall direct. (2) A list of prohibited pesticides is given in the Fourth Schedule to this Act and this Schedule may be amended or replaced from time to time by order, by the Minister in consultation with the Board. 14. No person shall package, label or advertise any pesticide in a manner that is false, misleading or deceptive, is likely to create an erroneous impres sion regarding its character, value, quantity, composition, merit or safety, or is Prohibited pesti cides. 18 of 1988. Packaging. Fourth Schedule. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 13 inconsistent with the information supplied to the Board at the time of the appli cation for registration. 15.-(1) The Minister may, in consultation with the Board, make regulations (a) for the registration of pesticides; (b) respecting experimental samples of pesticides and matters re lating thereto; (c) for the licensing of persons to import, manufacture or sell re gistered pesticides; (d) relating to restricted pesticides, the authorisation and the eligi bility therefor of persons to sell restricted pesticides and the premises in which such pesticides may be sold; (e) relating to persons authorised to use restricted chemicals, their employees and any medical or other examination which they may be required to undergo; (f) as respects the labelling, packaging, storage, transportation and use of pesticides; (g) governing the aerial application of pesticides; (h) providing for the keeping of books and records by authorised persons, and by persons licensed under this Act to manufac ture or import registered pesticides; (i) relating to the designation of inspectors and official analysts, and the taking and analysing of samples; Regulations. Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 14 [ ] (j) for matters relating to examination by registered medical prac titioners of various persons having contact with pesticides; (k) prescribing that protective clothing be worn and other pre cautions be taken by persons handling or having contact with particular pesticides or classes thereof and imposing obliga tions on employers of such persons with respect thereto; (l) prescribing the permissible level of any pesticide or break down product thereof, at any specified time, in any kind of plant or animal product intended for consumption by human beings or domestic animals; (m) regulating the periods during which particular pesticides may or may not be used on certain agricultural crops; (n) respecting the disposal of pesticides and packages; (o) for the protection of persons who may suffer damage as a result of the use, storage, manufacture or packaging of pesti cides by others; (p) exempting certain substances which may be used as pesti cides from the provisions of this Act when being used other wise than as pesticides; (q) prescribing fees and forms in respect of any registration, li cence or authorisation under this Act; and (r) for giving further and better effect to the provisions of this Act and prescribing any other matter or thing whether similar to the foregoing or not, which may be or is required by this Act to be prescribed. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 15 (2) Any regulation made under subsection (1) shall be subject to nega tive resolution of the National Assembly. 16. The Minister may from time to time designate any technically qualified person whether by name or by the title of his office to be an inspector or analyst for the purpose of this Act. 17.-(1) An inspector may, in the performance of his functions under this Act or the regulations made thereunder, at any reasonable time enter on land or pre mises registered for the sale or manufacture of a pesticide (a) on which a pesticide is being, has recently been, or is about to be used, manufactured, sold, packaged or stored; (b) on which apparatus and facilities required to be kept by the regulations are kept; or (c) which an inspector has reasonable cause to believe to be land or premises mentioned in paragraphs (a) and (b): Provided that any inspector wishing to enter any premises under the pro visions of paragraph (c) shall obtain a warrant from the magistrate or justice of the peace of the judicial district in which the place is situated before he enters such premises. (2) An inspector may (a) require the production of and inspect, examine and copy regis ters, records or other documents required to be kept by the regu lations; (b) make examinations and enquiries to discover whether this Act and the regulations are complied with; Designation of officers. Powers of inspector. Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 16 [ ] (c) require any person he finds on land or premises mentioned in subsection (1) to give information to the best of his knowledge as to who is the occupier of that land and who is the employer of workers employed to work thereon; (d) seize and detain for such time as may be necessary any article by means of which or in relation to which he reasonably be lieves any provisions of this Act or the regulations have been contravened. (3) Where an inspector seizes an article under paragraph (d) of sub section (2) and the owner then consents to its destruction the article shall thereupon be forfeited to the Government and may be destroyed or otherwise disposed of as the Board directs. (4) An inspector may take samples of articles to which this Act and the regulations apply and submit such samples to an analyst for examination or analysis without paying compensation to the owner. 18.-(l) Where an inspector or analyst makes an examination or analysis pur suant to section 17, he may issue a certificate setting out the result of his ex amination or analysis as the case may be. (2) The certificate of an inspector or analyst stating that he has exam ined or analysed an article or sample for the purpose of this Act and stating the result of his examination or analysis, as the case may be, shall be admissible in evidence in a prosecution under this Act and shall be prima facie proof of the statements contained in the certificate, but the party against whom it is pro duced may require the attendance of the inspector or analyst issuing the cer tificate for the purpose of cross-examining him. 19.-(1) Every person who knowingly Certificate of inspection. Penalties. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 17 (a) contravenes any of the provisions of this Act, or any regula tions made thereunder; or (b) with intent to deceive (i) forges or uses or lends to or allows to be used by another person any licence or certificate issued pursuant to this Act; or (ii) makes or has in his possession any documents so closely resembling such licence or certificate as to be calculated to deceive; or (c) assaults or obstructs any inspector or other officer desig nated or appointed as the case may be under this Act, acting in the performance of his functions pursuant to this Act; or (d) without proper authority interferes with, or disposes of, any article seized or detained pursuant to paragraph (d) of subsection (2) of section 17; or (e) bribes or attempts to bribe any inspector or other officer designated or appointed as the case may be under this Act, in connection with any matter arising in the performance of any of his functions pursuant to this Act; or (f) being an inspector or other officer designated or appointed under this Act as the case may be, accepts or solicits any bribe in connection with any matter arising in the perfor mance of any of his functions pursuant to this Act, commits an offence and shall be liable on summary conviction before a magis trate to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment. Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 18 [ ] (2) A prosecution for any offence under subsection (1) shall be insti tuted by or on behalf of the Board. 20. Any person aggrieved by any decision of the Board may appeal to the Minister against such decision within such time and in such manner as may be prescribed. FIRST SCHEDULE [Section 3] 1. The Board shall consist of not more than fourteen members, ap pointed by the Minister. Of the fourteen members, one shall be a person nominated by (a) the Citrus Growers’ Association; (b) the beekeepers industry; (c) the Belize Livestock Association; and (d) the Grain Growers Association. In appointing the members to the Board, the Minister may consult with any organisation which he considers is interested in or will be affected by the control of pesticides. 2. The appointment of a member shall, subject to the provisions of this Schedule, be for a period not exceeding two years and such member shall be eligible for reappointment. 18 of 1988. Appeals. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 19 3. The Minister shall appoint one of the members to be Chairman thereof. 4. If the Chairman is unable to act, the Minister may appoint any member to act in the place of the Chairman. 5.-(1) Any member other than the Chairman may at any time resign his office by instrument in writing addressed to the Minister and transmitted through the Chairman and from the date of receipt by the Minister of such instrument that member shall cease to be a member of the Board. (2) The Chairman may at any time resign his office by instrument in writing addressed to the Minister and such resignation shall take effect as from the date of receipt by the Minister of that instrument. 6. The Minister shall designate a public officer to perform the function of Secretary of the Board. 7. If any vacancy occurs in the membership such vacancy shall be filled by the appointment of another member by the Minister, and in making such appointment, the Minister shall have regard to the provisions of paragraph 1. 8. The names of all members as first constituted and every change in the membership shall be published in the Gazette. 9. The Board may co-opt such persons, whether Government officers or otherwise, to attend particular meetings or parts thereof, as it thinks fit. 10. The funds of the Board shall consist of such monies as may from time to time be placed at its disposition for the purposes of this Act by the National Assembly, and such other monies as may be lawfully paid to the Board. 11. The Board shall keep proper accounts of its receipts, payments, assets and liabilities, and such accounts shall be audited annually by the Auditor-Gen eral. Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 20 [ ] 12.- (1) The Board shall, not later than three months after the end of each financial year, cause to be made and transmitted to the Minister a report of its activities during the preceding financial year, including a statement of its ac counts, audited in accordance with paragraph 11, and the Minister shall cause copies of such report, together with the auditor’s report, to be laid on the Tables of the House of Representatives and of the Senate. (2) The Board shall, before the date specified by the Minister, submit to the Minister for his approval estimates of revenue and expenditure for the ensuing financial year. 13.-(1) The seal of the Board shall be kept in the custody of the Chairman or the Secretary and shall be affixed to instruments pursuant to a resolution of the Board in the presence of the Chairman or any other member acting in that capacity and the Secretary. (2) The seal of the Board shall be authenticated by the signatures of the Chairman, or any other member authorised to act in that behalf, and the Secretary. (3) All documents other than those required by law to be under seal made by and all decisions of the Board may be signified under the hand of the Chairman, or any other member authorised in that behalf, or the Secre tary. 14.-(1) The Board shall meet at such times as may be expedient for the trans action of its business and such meetings shall be held at such places and times and on such days as the Board may determine. (2) The Chairman or any member acting in that capacity shall preside at all meetings of the Board. (3) The Chairman may at any time call a special meeting of the Board and shall call a special meeting within seven days of the receipt of a THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 21 written requisition for that purpose addressed to him by any three members of the Board. (4) A quorum of the Board shall be eight. (5) Minutes in proper form of each meeting of the Board shall be kept. (6) The validity of the proceedings of the Board shall not be affected by any vacancy amongst the members thereof. 15.-(1) The Board may appoint such committees as it thinks fit, and may del egate to any committee so appointed the power and authority to carry out on its behalf such functions as the Board may determine, so that, however, no commit tee so appointed shall have the power to make regulations. (2) The constitution of any committee appointed pursuant to subpara graph (1) shall be determined by the Board. (3) The validity of the proceedings of a committee appointed pursuant to this paragraph shall not be affected by any vacancy amongst the members thereof. 16.-(1) No member of the Board shall be personally liable for any act or default of the Board done or omitted to be done in good faith in the course of the operations of the Board. (2) Where any member of the Board is exempt from liability by reason only of the provisions of this paragraph, the Board shall be liable to the extent that it would be if the member were a servant or agent of the Board. 17. There shall be paid from the funds of the Board to the Chairman and other members of the Board such allowances as the Minister may prescribe. 18. The office of Chairman or member of the Board shall not be a public office for the purpose of the Constitution of Belize. CAP. 4. Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 22 [ ] SECOND SCHEDULE [Section 6] REGISTERED PESTICIDES Common Names allethrin ametryne asulam atrazine azamethiphos bacillus thuringiensis baits/attractants basic copper sulphate benomyl bensulide bentazone bifenthrin boric acid brodifacoum bromodiolone LD 50 685 1,000 2,000 1,750 1,180 1,000 9,950 770 1,100 375 1.3 11,000 Uses I H H H I,A I K F F H H I,A K R R PCB Reg. No. 0002 0003 0004 0005 0250 0006 0007 0008 0009 0010 0011 0242 0222 0012 0240 THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 23 Common Name bromuconazole bupirimate buprofezin butachlor butylate captafol captan carbaryl carboxin chloramben chlorophacinone chloropropham chlorothalonil chlorpyrifos (less than 2% a.i.) chlorthal dimethyl lambda cyhalothrin copper hydroxide copper ammonium carbonate LD 50 365 4,000 2,198 1,740 3,500 2,500 9,000 250 3,820 5,620 50 3,800 10,000 97 3,000 230 Uses F F I H H F F I F H R H F I H I F F PCB Reg. No. 0258 0013 0237 0014 0015 0016 0017 0018 0192 0019 0199 0020 0021 0093 0022 0023 0024 0025 Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 24 [ ] Common Name copper oxychloride coumaphos (less than 2% a.i.) coumatetralyl cuprous oxide cyfluthrin cypermethrin dalapon deltamethrin diafenthiuron diazinon (less than 2% a.i.) dicamba dichlormid dichlorvos (DDVP) (less than 2% a.i.) difenacoum difenoconazole diphacinone diphenamide LD 50 1,000 13 16.5 1,500 590 138 7,750 135 2,068 76 2000 2,000 56 1.8 1,453 2.3 1,050 Uses F I R F I I H I I,A I H H I R F R H PCB Reg. No. 0026 0094 0027 0255 0028 0029 0030 0210 0256 0099 0031 0032 0033 0034 0257 0200 0035 THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 25 Common Name diuron EPTC ethephon etridiazole farnesol & nerolidol fenbutatin oxide fenoxycarb fenvalerate flocoumafen fluazifop-butyl flusilazole fosetyl-A glyphosate glyphosate trimesium haloxyfop ethoxyethyl hexaconazole LD 50 437 2,525 4,229 2,000 5,000 630 16,800 450 0.25 3,238 1,100 5,800 1,568 750 2,179 2,000 Uses H H H F I A I I R H F F H H H F PCB Reg. No. 0036 0037 0235 0038 0254 0039 0232 0040 0193 0041 0189 0042 0043 0245 0234 0044 Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 26 [ ] Common Name hexazinone hydramethlnon imazapyr imazethapyr lime sulphur (calcium polysulphide) linuron malathion metalaxyl metaldehyde metolachlor metribuzin molinate napropamide naptalam napthalene nitrofen norflurazon oryzalin LD 50 1,690 1,131 5,000 5,000 1,500 885 889 630 2,780 2,200 369 4,680 1,770 2,200 2,630 8,000 10,000 Uses H I H H A H I F M H H H H H K H H H PCB Reg. No. 0045 0046 0249 0248 0047 0048 0049 0050 0051 0201 0202 0052 0053 0054 0194 0055 0203 0204 THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 27 Common Name oxadiazon oxyfluorfen pebulate pendimethalin permethrin pest barriers phoxim pirimicarb pirimiphos-ethyl pirimiphos-methyl profenofos + cypermethrin prometryne propanil propazine propiconazole propineb propoxur (less than 2% a.i.) pyrethrins LD 50 800 5,000 1,120 1,350 200 1,145 107 140 2,050 358 5,235 1,285 7,700 1,517 8,500 90 1,500 Uses H H H H I K I I I I I H H H F F I I PCB Reg. No. 0056 0205 0057 0058 0059 0211 0060 0061 0062 0063 0064 0190 0191 0065 0066 0067 0068 0069 Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 28 [ ] A=acaricide, F=fungicide, H=herbicide, I=insecticide, K-bait, attractant, M=molluscicide, N=nematicide, R=rodenticide, V=avicide, Z=bactericide Common Name quinomethionate resmethrin (less than 2% a.i.) rotenone simazine spray oil streptomycin sulphur surfactants temephos tetramethrin thiabendazole thiobencarb thiram tralomethrin triadimenol trichlorphon tridemorph trifluralin vernolate warfarin LD 50 2,500 2,500 132 5,000 9,000 2,030 5,000 3,100 1,903 560 1,250 1,000 450 562 10,000 1,500 1 Uses F,A I I H F B F,A K I I F H F I F I F H H R PCB Reg. No. 0070 0215 0188 0071 0072 0073 0074 0075 0076 0077 0078 0079 0080 0206 0207 0081 0082 0083 0084 0208 THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 29 THIRD SCHEDULE [Section 8] RESTRICTED PESTICIDES Common Name abamectin acilfluorfen alachlor aldicarb aluminium phosphide amitraz chromated copper arsenic azinphos-methyl gamma-BHC (less than 1% a.i.) bendiocarb bensulfuron methyl bromacil LD 50 10 1,300 1,200 0.9 2.8 800 5 76 143 5,000 5,200 Uses I,M H H I,N I,R A,I F,H,M, I,N,K A,I I I H H PCB Reg. No. 0260 0217 0001 0085 0086 0211 0231 0088 0089 0212 0209 Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 30 [ ] Common Name bronopol cadusafos carbofuran carbophenothion carbosulfan chlorfenvinphos chlorimuron ethyl chlorpyrifos coumaphos cyanazine 2,4-D amine 2,4-D ester dazomet DDT demeton-S-methyl diazinon dichlofluanid LD 50 180 37 5.3 20 209 10 4,000 97 13 288 375 375 519 87 64 76 5,000 Uses Z I,N I,N A,I I,A I H A,I A,I H H H F,H,N I A,I I F PCB Reg. No. 0223 0108 0090 0091 0241 0092 0213 0093 0094 0218 0096 0097 0252 0098 0095 0099 0246 THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 31 Common Name dichlorvos diflubenzuron dimethoate diquat disulfoton DSMA EPN ethion ethoprophos fenamiphos fenitrothion fenthion fluometuron fomesafen fonofos imazalil amidacloprid LD 50 25 4,640 215 235 4 1,800 26 208 34 8 800 190 8,900 1,500 3 343 450 Uses I I A,I,N H I H A,I A,I I,N N A,I A,I H H I F I PCB Reg. No. 0033 0236 0101 0238 0239 0230 0103 0104 0105 0106 0107 0195 0224 0216 0109 0251 0247 Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 32 [ ] Common Name ioxynil isazofos kasugamycin magnesium phosphide mancozeb maneb mepiquat chloride methamidophos metham sodium methomyl metsulfuron methyl mirex monocrotophos monosodium nicosulfuron omethoate oxamyl oxydemeton-dimethyl LD 50 110 40 22 2.8 8,000 6,750 1,420 7.5 820 17 5,000 230 8 700 5,000 50 5.4 65 Uses H I,N F I,R F F H A,I F,H,I I H I A,I H H A,I A,I,N A,I PCB Reg. No. 0110 0259 0196 0111 0112 0197 0228 0113 0114 0115 0214 0116 0117 0229 0244 0118 0119 0198 THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 33 A=acaricide, F=fungicide, H=herbicide, I=insecticide, K=bait, attractant, M=molluscicide, N=nematicide, R=rodenticide, V=avicide, Z=bactericide. Common Name paraquat parathion-methyl pentachlorophenol picloram prochloraz propoxur quinclorac quizalofop-ethyl resmethrin strychnine sulfometuron methyl terbufos thidiazuron thiodicarb tribuphos vamidothion Zineb LD 50 57 6 50 3,750 1,600 83 4,120 1,670 2,500 1 5,000 4.5 4,000 166 1,272 64 5,200 Uses H A,I F,I,H H F I H H I R H I,N H I H A,I F PCB Reg. No. 0120 0121 0122 0123 0233 0068 0253 0214 0215 0215 0220 0243 0227 0225 0226 0126 0127 P esticid es C o n tro l C A P. 216] T H E S U B S T A N T IV E L A W S O F B E L IZ E R E V IS E D E D IT IO N 2000 P rin ted b y th e G o v ern m en t P rin ter, N o . 1 P o w er L an e, B elm o p an , b y th e au th o rity o f th e G o v ern m en t o f B elize. 3 4 [ ] FOURTH SCHEDULE [Section 13] PROHIBITED PESTICIDES Common Name acrylonitrile aldrin antu arsenicals azinphos-ethyl LD50 39 6 9 Uses I,N I R,K, F,H,I, M,N,K A,I Remarks Highly toxic acid used with CC14, a carcinogen and mutagen. Environmental pollutant; suspected carcinogen. Insufficient toxicological data on non-target organisms. Environmental pollutants; carcinogenic. Highly toxic. PCB Reg. No. 0128 0130 0131 0132 0133 THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 35 C o m m o n N a m e g a m m a B H C ( e x c e p t w i t h p r e s c r i p t i o n f o r f o r m u l a t i o n c o n t a i n i n g l e s s t h a n 1 % a . i . ) c a r b o n d i s u l p h i d e c h l o r d a n e c h l o r d e c o n e c h l o r o p i c r i n c y c l o h e x i m i d e c y h e x a t i n L D 5 0 7 6 3 0 0 2 8 3 9 5 2 5 0 2 5 4 0 U s e s I I , N I I F , I , N F A R e m a r k s C h l o r i n a t e d h y d r o c a r b o n ; e n v i r o n m e n t a l p o l l u t a n t . H a z a r d o u s b y e x p l o s i o n o f g a s f o r m i n g l i q u i d , u s e s C C 1 4 , a c a r c i n o g e n . C h l o r i n a t e d h y d r o c a r b o n ; e n v i r o n m e n t a l p o l l u t a n t ; a l t e r n a t i v e s a v a i l a b l e f o r t e r m i t e c o n t r o l . E n v i r o n m e n t a l p o l l u t a n t ; s u s p e c t e d c a r c i n o g e n a n d t e r a t o g e n . T e a r g a s ; e x t r e m e l y t o x i c a n d i r r i t a t i n g t o s k i n , e y e s a n d r e s p i r a t o r y t r a c t . E x t r e m e l y t o x i c ; u s e n o t w a r r a n t e d . F o e t o x i c i t y , t e r a t o g e n i c i t y P C B R e g . N o . 0 1 3 4 0 1 3 5 0 1 3 6 0 1 3 7 0 1 3 8 0 1 3 9 0 1 4 0 Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 36 [ ] C o m m o n N a m e 2 , 4 D B d a m e p h i o n d e m e t o n ( d e m e t o n O + d e m e t o n S ) d i b r o m o c h l o r o p r o p a n e d i c h l o r p r o p ( 2 , 4 D P ) d i c o f o l d i c r o t o p h o s L D 5 0 7 0 0 1 . 7 1 7 0 8 0 0 6 8 4 1 7 U s e s H I A , I N H A , F A , I R e m a r k s H a s b e e n i m p l i c a t e d w i t h d i o x i n c o n t a m i n a t i o n , a n e n v i r o n m e n t a l p o l l u t a n t a n d s u s p e c t e d c a r c i n o g e n . I n s u f f i c i e n t t o x i c o l o g i c a l d a t a a v a i l a b l e ; a l t e r n a t i v e s a v a i l a b l e ; s u s p e c t e d c a r c i n o g e n . E x t r e m e l y t o x i c . A p o t e n t c a r c i n o g e n ; m u t a g e n i c . E n v i r o n m e n t a l p o l l u t a n t ; h a s b e e n i m p l i c a t e d w i t h d i o x i n c o n t a m i n a t i o n . C h l o r i n a t e d h y d r o c a r b o n ; e n v i r o n m e n t a l p o l l u t a n t . U s e n o t j u s t i f i e d . P C B R e g . N o . 0 1 4 1 0 1 4 2 0 1 4 3 0 1 4 4 0 1 4 5 0 1 4 6 0 1 4 7 THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 37 C o m m o n N a m e d i e l d r i n d i m e f o x d i m e t h o a t e d i n o s e b d i n o t e r b d i n o t e r b a c e t a t e d i t r a p e x D N O C E n d o s u l f a n L D 5 0 4 6 2 2 1 5 5 8 6 2 4 2 1 7 5 2 0 3 0 U s e s I A , I A , I , N H H H F , I , N , Z F , H , I A , I R e m a r k s E n v i r o n m e n t a l p o l l u t a n t a n d s u s p e c t e d c a r c i n o g e n . E x t r e m e l y t o x i c ; u s e n o t w a r r a n t e d . A l l f o r m u l a t i o n s e x c e p t E C S u s p e c t e d c a r c i n o g e n . T o o t o x i c f o r a h e r b i c i d e ; t h e r e a r e m a n y s a f e r o n e s . H i g h l y t o x i c . M i x e d w i t h a s u s p e c t e d c a r c i n o g e n ( C C 1 4 ) ; a n e n v i r o n m e n t a l p o l l u t a n t . S t r o n g l y p h y t o t o x i c . V e r y t o x i c t o f i s h a n d m a m m a l s ; n o a n t i d o t e a v a i l a b l e . P C B R e g . N o . 0 1 4 8 0 1 4 9 0 1 5 0 0 1 0 2 0 1 5 1 0 1 5 2 0 1 5 4 0 1 5 5 0 1 5 6 Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 38 [ ] C o m m o n N a m e e n d r i n e t h y l e n e d i b r o m i d e ( E D B ) e t h y l e n e d i c h l o r i d e ( E D C ) e t h y l e n e o x i d e ( e p o x y e t h a n e ) f e n s u l f o t h i o n f l u e n e t i l h e p t a c h l o r m e c a r b a n m e d i n o t e r b a c e t a t e M E M C L D 5 0 7 . 5 1 4 6 6 7 0 5 0 2 6 4 7 3 6 4 2 2 2 U s e s I I , N I I I , N A I A , I H F R e m a r k s E n v i r o n m e n t a l p o l l u t a n t ; e x t r e m e t o x i c i t y ; s u s p e c t e d c a r c i n o g e n a n d t e r a t o g e n . S u s p e c t e d c a r c i n o g e n . M i x e d w i t h C C 1 4 , a c a r c i n o g e n . M a j o r f i r e a n d i n h a l a t i o n h a z a r d . E x t r e m e l y t o x i c ; u s e n o t w a r r a n t e d . P r o d u c t d i s c o n t i n u e d . E n v i r o n m e n t a l p o l l u t a n t ; c a r c i n o g e n i c . D i s c o n t i n u e d . T o o t o x i c f o r u s e a s a h e r b i c i d e , a l t e r n a t i v e s a v a i l a b l e . M e r c u r y c o m p o u n d ; e n v i r o n m e n t a l p o l l u t a n t . P C B R e g . N o . 0 1 5 7 0 1 5 8 0 1 5 9 0 1 6 0 0 1 6 1 0 1 6 2 0 1 6 3 0 1 6 5 0 1 6 6 0 1 6 7 THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 39 C o m m o n N a m e m e r c u r i c c h l o r i d e m e t h o x y c h l o r m e t h y l b r o m i d e m e v i n p h o s m e x a c a r b a t e p a r a t h i o n e t h y l P C N B ( q u i n t o z e n e ) p h e n y l m e r c u r y a c e t a t e p h o r a t e L D 5 0 1 5 , 0 0 0 2 0 0 3 1 9 2 1 5 , 0 0 0 2 2 2 U s e s F , I I F , H , I , N I , N A , I , M A , I , V F F I R e m a r k s M e r c u r y c o m p o u n d ; e n v i r o n m e n t a l p o l l u t a n t . E n v i r o n m e n t a l p o l l u t a n t H i g h l y t o x i c t o m a n ; m i x e d w i t h c h l o r i n a t e d h y d r o c a r b o n s ; d i f f i c u l t t o d e t e c t . E x t r e m e l y t o x i c . T o o t o x i c , a l t e r n a t i v e s a v a i l a b l e . E x t r e m e l y a n d a c u t e l y t o x i c , u s e n o t w a r r a n t e d . E n v i r o n m e n t a l p o l l u t a n t . M e r c u r y c o m p o u n d ; e n v i r o n m e n t a l p o l l u t a n t . E x t r e m e l y a n d a c u t e l y t o x i c . P C B R e g . N o . 0 1 6 8 0 1 6 9 0 1 7 0 0 1 7 1 0 1 7 2 0 1 7 3 0 1 7 4 0 1 7 5 0 1 7 6 Pesticides ControlCAP. 216] THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. 40 [ ] C o m m o n N a m e p h o s a c e t i m p h o s p h o a m i d o n s c h r a d a n s o d i u m f l u r o a c e t a t e s u l f o t e p 2 , 4 , 5 T t h a l l i u m s u l p h a t e t h i o n a z i n t o x a p h e n e ( c a m p h e c h l o r ) L D 5 0 3 . 7 1 7 9 0 . 2 2 1 . 2 5 0 0 1 6 1 2 4 0 U s e s R A , I A , I R A , I H R I , N A , I R e m a r k s E x t r e m e l y t o x i c ; h o m e u s e n o t j u s t i f i e d . H i g h l y t o x i c . E x t r e m e l y t o x i c . E x t r e m e l y a n d a c u t e l y t o x i c . E x t r e m e l y t o x i c . E n v i r o n m e n t a l p o l l u t a n t ; o n c o g e n i c i t y ; t e r a t o g e n i c i t y ; c a r c i n o g e n i c i t y d u e t o d i o x i n c o n t a m i n a t i o n . T o o t o x i c f o r u s e . P r o d u c t d i s c o n t i n u e d . E n v i r o n m e n t a l p o l l u t a n t . P C B R e g . N o . 0 1 7 7 0 1 7 8 0 1 7 9 0 1 8 0 0 1 8 1 0 1 8 2 0 1 8 3 0 1 8 4 0 1 8 5 THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 [ ] 41 C o m m o n N a m e 2 , 4 , 5 t r i c h l o r o p h e n o l z i n c p h o s p h i d e L D 5 0 3 , 0 0 0 4 6 U s e s F , N , Z R R e m a r k s f o e t o x i c i t y , o n c o g e n i c i t y d u e t o d i o x i n c o n t a m i n a t i o n . T o o t o x i c f o r h o m e u s e ; n o a n t i d o t e . P C B R e g . N o . 0 1 8 6 0 1 8 7 A = ac ar ic id e, F = fu ng ic id e, H = he rb ic id e, I = in se ct ic id e, K = ba it , a tt ra ct an t, M = m ol lu sc ic id e, N = ne m at ic id e, R = ro de nt ic id e, V = av ic id e, Z = ba ct er ic id e