Pesticides Control (Sale and Confiscation) Regulations, 1998 (S.I. No. 71 of 1998)

No. 71] BELIZE: Pesticides Control STATUTORY INSTRUMENT No. 71 of 1998 REGULATIONS made by the Minister of Agriculture and Fisheries in exercise of the powers conferred upon him by section 15 of the Pesticides Control Act, Chapter 181 B of the Laws of Belize, Revised Edition 1980-1990, and all other powers thereunto him enabling. (Gazetted 4th July, 1998.) 1. These Regulations may be cited as the PESTICIDES CONTROL (SALE AND CONFISCATION) REGULATIONS, 1998 1 Short title. 2. (1) In these Regulations, unless the context otherwise Interpretation. requires: "Act" means the Pesticide Control Act; "product" means the pesticide in the form in which it is packaged or sold, "sale" includes offering a product for sale; "register of sales" means a register used for entering the particulars of sales of restricted pesticides. (2) Words and expressions used in these Regulations and not defined herein but defined in the Act, shall have the meanings respectively assigned to them in the Act. CAP.1818. CAP. 181B. 2 Conditions for the sale of pesticides S.I. 77/1995. Sub.Leg. 1991 Edn. Vol.IV CAP. 181B P.2. S.I. 112/1996. Conditions for licensing of establishments selling restricted pesticides. First Schedule. Pesticides Control [No. 71 3. (1) Only pesticides duly registered in Belize under the Registered and Restricted Pesticides (Registration) Regulations, 1995, shall be sold in Belize. (2) Every establishment registered for sale of restricted pesticides in accordance with the Registered and Restricted Pesticides (Manufacture, Import and Sale) Regulations, 1998, shall have a manager who shall be responsible for the pesticides kept in the establishment. (3) The manager specified in subregulation (2) above shall be in possession of a certified user's licence issued by the Board under the Restricted Pesticides (Certified User) Regulations, 1996: Provided that any person may present to the Board evidence of another qualification which the Board at its discretion may deem equivalent to the certified user's licence. For the purpose of such a qualification the Board shall provide certification of its equivalency and it shall thereafter be deemed to be a certified user's licence. 4. ( 1) Every establishment desirous of selling restricted pesticides shall make an application for registration of premises to the Board in accordance with the provisions of these Regulations. (2) On receipt of an application for registration to sell restricted pesticides, an inspector of the Board shall carry out an inspection of the premises and shall assess the fitness of the establishment to sell restricted pesticides and thereafter tender his report to the Board. (3) On receipt of an inspector's report, the Board shall determine whether the establishment meets the requirements set out in the First Schedule hereto and may No. 71] Pesticides Control (a) grant a licence, or (b) require remedial action to improve the fitness of the establishment before making a further consideration for the issue of a licence, or ( c) refuse to issue a licence, stating the reasons for the refusal. (4) The Board may at any time after a licence has been issued, inspect an establishment selling restricted pesticides, and if the establishment no longer meets the 3 requirements set out in the First Schedule hereto, the Board First Schedule. may suspend the licence until such time as the requirements are met. 5. ( 1) Establishments licensed to sell restricted pesticides shall keep a register of sales of restricted pesticides, to include name and address of the certified pesticides user, Certified pesticide User's licence number, name(s) and amount(s) of the restricted pesticide(s) purchased and date of purchase. The register of sales shall be in the form prescribed in the Second Schedule hereto. (2) Only persons in possession of a certified pesticides user's licence shall purchase restricted pesticides at licensed establishments and the manager of each establishment shall ensure that the purchaser holds a certified pesticides user's licence before making any sale of a restricted pesticide. 6. Establishments selling restricted pesticides shall have a separate room containing the following: (a) proper protective clothing for workers; (b) shower bath; (c) sanitary service and a wash basin; and Register of sales. Second Schedule. Premises to have sanitary facilities. 4 Pesticides may be confiscated. S.I. 77/1995. Pesticide may be retained for analysis or as an exhibit. Confiscation form. Third Schedule. Pesticides Control [No. 71 (c) first aid medical cabinet. 7. A pesticide may be confiscated by an inspector of the Board if: (a) it does not comply with the chemical, physical, or biological properties declared in the registration of the product or if it is found to be adulterated on analysis at an approved laboratory; (b) it has not been registered with the Board; (c) it is repackaged or formulated without the authorization of the Board; ( d) itis improperly labeled or packaged contrary to the provisions of the Registered and Restricted Pesticides (Registration) Regulations; or (e) it has been imported illegally or the appropriate fees under the Registered and Restricted Pesticides (Manufacture, Import and Sale) Regulations have not been paid in respect of the pesticide. 8. An inspector of the Board may retain samples of a pesticide pending the results of analysis to determine the identity, physical, chemical, and biological condition of the pesticide and may also; following receipting; submit samples of the pesticide as an exhibit in any legal proceedings. 9. Any pesticide which has been confiscated will be documented in the form prescribed in the Third Schedule hereto. Three such forms will be done, one copy will remain with the establishment, and two copy will remain with the Board pending any legal proceedings. No. 71) Pesticides Control 10. An owner of a pesticide cofiscated under these Regulations may, if dissatisfied with the confiscation, lodge arl appeal with the Board within 15 days of the confiscation. 11. After a period of 90 days from the date the appeal was lodged, the Board shall proceed to hear and determine the appeal. The Board may ( a) allow the appeal and return the pesticide to the person from whom it was confiscated; or (b) dispose of the pesticide without compensation to the owner after dismissing the appeal. 12. Any person who contravenes the provisions of these Regulations shall be guilty of an offence and shall be liable on summary conviction 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. MADE by the Minister of Agriculture and Fisheries, this 26th day of June, 1998. (RUSSELL GARCIA) Minister of Agriculture & Fisheries Printed in Belize by the Government Printer Appeals. Appultobe heard. Offence and . penalties. 5 ~ ~ -..;.. FIRST SCHEDULE (REG. 4) Retail Outlet/Commercial Storage Facility Inspection Form Pesticides Control Board Name of Retail Outlet or Commercial Storage Facility: ] I Address: z:: a ti ~ .... -~ 't; ~ \Q CATEGORY 1. Environmental risk-proximity to homes, water, rivers etc. 2. Materials of construction 3. Floor construction 4. Drains as relates to environmental hazard l > 100 meters away non-combustible impenneable to liquids no open drains; entirely contained 2 3 15-100 meters away not directly adjacent but <15 meters away >70% <70%non non-combustible combustible predominantly predominantly impermeable to permeable to liquids liquids open drains, but open drains but do funtional catchment not lead directly to (sump) waterways 4 SCORE directly adjacent,.. subject to flooding combustible permeable to liquids (wood, earthen) open drain leading directly to watenvays t--.. l a ~ ~ ~ ·-.... ~ 0:; ~ t--.. ~ CATEGORY 5. Ventilation 6. Security outside of business hours 7. Potential response time of fire service or assistance 8. Emergency exit 9. House keeping/tidiness 10. Repackaging/ decanting 11. Product storage/stacking 1 very good premises securely locked; barred windows etc. less than 10 minutes clearly marked exits; accessible and easily operable very good no repackaging/ decanting ordered, neat, stable 2 3 4 SCORE good fair poor premises securely premises locked but no security locked but could be access could be whatsoever accessed through achieved with unbarred windows relatively little effort less than 30 greater than 30 no realistic minutes minutes response could be expected exits accessible and exits obstructed or no exits easily operable but locked not clearly marked good fair poor decanting/ decanting/ decanting/ repackaging in repackaging in repackaging in approved facility; approved facility; unapproved facility small amounts only large amounts ordered, neat, not very well generally stable, but room for ordered haphazard; poor some improvement stack stability ~ ~ -...;;.. i :: a ~ ~ .... ~ .... -~ Q ;; Qo CATEGORY 12. Display area 13. Capability for dealing with leaks/ spills: available absorbent material, brooms, protective clothing, (gloves, eye protection, rubber boots) 14. Capability for fighting small fires i.e., availability of materials and equipment used for fire control; number positioning and maintenance, personnel trained in use of equipment 15. Hygiene standard i.e., facilities for washing, consumption of food/drinks in work area 1 open, spacious all the necessary equipment is in a good condition and readily available and personnel trained in spill control sufficient hand held extinguishers and fire control materials available; properly positioned and serviced. Personnel trained in their use washing facilities available; separate eating area 2 3 4 SCORE could be more not easy to access congested spacious but easy enough to access all the necessary only some of the no capability at all equipment is necessary available but not equipment is readily accessible available (e.g. at premises nearby) fire control no hand held no fire-fighting materials available; extinguishers capability insufficient hand available; other fire held extinguishers; control materials at least one person available knows how to use them washing facilities inadequate washing no washing available, no facilities (e.g., facilities at all; food separate eating area water supply but no and drink soap) no separate consumed freely in eating area area housing pesticides ~ i :i:: a i :j ~ ~ t-.... ~ CATEGORY 16. General attitude toward health and safety i.e., appreciation of hazard safety awareness. ( Display of safety posters/ presence of first aid kit etc.) 17. Quality of products held (1, kg) 18. Animal feeds/seeds/fertilizer 19.Food 20. Hardware (clearly defined separation) 21. Vet products 22. Legal 23. Labelling/packaging 1 very good upto 2000 stored separately or none no food on premises stored separately or non stored separately or non on premises all products registered well labelled/good package 2 3 4 SCORE good fair poor 2000-6000 6000-10000 >10000 stored in same area stored close to stored haphazardly pesticides food but in separate food in separate food alongside section section but very pesticides close stored in same area stored close to stored haphazardly pesticides stored in same area stored close to stored haphazardly pesticides all products unregistered prohibited registered but some pesticides in stock pesticides on the expired premises slightly damaged labelled but poorly unlabelled labels and/or packaged inappropriately packages labelled and/or packaged ~ ~ .... i a: a ~ :~ ~ ~ ~ CATEGORY 24. Personnel 25. Statta of license STOCK I. Expired products in stock 2. Unregistered products in stock 3. Prohibited products in stock 4. Damaged or leaking containers in stock 5. Premises declared: 1 2 3 certified applicator certified applicator certified applicator/ with agricultural - keeps good poor records training; keeps records good records license up to date licen&'Cd the licensed the previous year but previous year but not by March not by June current current year year YES/NO YES/NO YES/NO YES/NO Confiscated Confiscated Confiscated Confiscated Left on premises Left on premises Left on premises Left on premises. · SATISFACTORY INADEQUATE and seal placed on the door 4 SCORE uncertified/ good records unlicensed I TOTAL """; """; COMMENTS/RECOMMENDATIONS Assessed by: Date: ~ .::: ::: a t ~ Proprietor/ Assistant: .... <:,,l .... -t ~ Assessment A high score indicates a high risk, a low score indicates a low risk. (i) ........ (ii) ~ ~ I (iii) < (iv) Score of 26-34 indicates an above acceptable standard. Sco~e of 35-43 indicates a generally acceptable standard, but where the standard might be further improved by attention and specific aspects. Score of 44-52 indicates a marginally acceptable standard, but where remedial action may be required or specific aspects improved. Score of 53-104 indicates less than acceptable standard, premises will not be licensed; remedial action must be taken immediately. ~ .... ~ ~ ~ .... ::: a ~ ~ ~ ·--~ 0:; ~ .... Date SECOND SCHEDULE (REG. 5) PESTICIDES CONTROL BOARD REGISTER OF SALE OF RESTRICTED PESTICIDES Name of Buyer Address CPA Licence no. Name of Pesticide Amount purchased No. 71] Pesticides Control 13 THIRD SCHEDULE (REG. 9) Pesticides Control Board Central Farm, Cayo, Belize, Central America Confiscation Form Name of Owner: Name of Establishment: Address: Date of Cofiscation: Particulars of Confiscation Pesticide Quantity Reason for Confiscation Remarks Pesticides left unclaimed by shall be disposed of as the Board deems fit Confiscated by: --------- Date: Owner/Representative: Date: