Registered and Restricted Pesticides (Manufacture, Import and Sale) Regulations

Pesticides Control [CAP. 216 CHAPTER216 REGISTERED AND RESTRICTED PESTICIDES <REGISTRATION) REGULATIONS ARRANGEMENT OF REGULATIONS 1. Short title. 2. Interpretation. 3. Application for registration. 4. Name on Registration. 5. Data to accompany the application. 6. Experimental samples. 7. Registration fees. 8. Duration of licences. 9. Granting of licences. 10. Provisional registration. 11. Cancellation of registration. 12. Appeals. 13. Penalties. 14. Repeal. 15. Commencement. SCHEDULE I SCHEDULE II 23 THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. 24 CAP. 216) Pesticides Control 77 of 1995. Ch. 181B. Short title. Interpretation. 1. 2. CHAPTER216 REGISTERED AND RESTRICTED PESTICIDES <REGISTRATION) REGULATIONS (Section 15) [ 8th July, 199 5.j These Regulations may be cited as the REGISTERED AND RESTRICTED PESTICIDES (REGISTRATION) REGULATIONS. (1) In these Regulations, unless the context otherwise requires (a) "the Act" means the Pesticides Control Act; (b) "active ingredient" means the biologically active part of the pesticide present in a formulation; (c) "certificate of registration" means a certificate showing that a pesticide has been duly registered in Belize; (d) "formulation' means the combination of various ingredients in a pesticide as purchased by users designed to render it useful and effective for the purpose claimed; (e) "label" means the written printed or graphic matter on, or attached to, the product; (f) "logo" means a device or trademark used by a manufacturer to designate a product or range of THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 products; ( g) "pictogram" means a symbol which conveys a message such as a warning or advice on safe handling, without the use of words, and can be understood by people of different cultures and levels of literacy; (h) "product" means the pesticide in the form in which it is packaged and sold; (i) "synergist" is an ingredient that improves the performance of an active ingredient but is in itself not a pesticide; (j) "trade name" means the name under which the pesticide is registered, packaged and sold by the manufacturer and which can be used exclusively by the manufacturer to distinguish the product from other pesticides containing the same active ingredient; (k) "form" means the form(s) annexed to these regulations. (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 that Act. 3. Any person wishing to register, reregister or renew the registration of a pesticide, shall send an application to the Registrar in Form I annexed to these Regulations, together with the fees specified in Regulation 7. 25 CAP. 216. Application for registration. Form I. 4. A pesticide shall be registered according to the trade name and Name on THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. registration. REVISED EDITION 2003 26 Data to accompany the application. Schedule I. Schedule II. Experimental samples. Registration fees. CAP. 216) Pesticides Control formulation of each product. 5. (I) The chemical, toxicological and environmental data that must accompany any application for registration are given in Schedule I to these Regulations. (2) Any person wishing to register any pesticide must submit details of the labels of packaging according to requirements set out in Schedule II, including seven copies of the proposed label, for approval by the Board. 6. (1) A person wishing to import pesticides not registered in the Register of Pesticides for use as experimental samples shall apply for written authorization from the Board, giving details of the pesticide, purpose of the experiment, institution or company by which the experiment will be carried out, experimental protocol, quantity of pesticide to be imported, nature and location of the facilities to be used, and paying the appropriate fees specified in Regulation 7. (2) Experiments using experimental samples shall be monitored by technicians from the Board. All costs, involving transportation, boarding and lodging incurred by the technicians, will be paid by the person or company in charge of the experiment. 7. The following fee(s) shall be payable for registration of a pesticide: (a) Registration of a pesticide the active ingredient of which is not in the Register of Pesticides .......................................................... $500.00 (b) Re-registration of a pesticide already in the Register of Pesticides ....................................... $300. 00 ( c) Yearly renewal of Registration Certificate .......................................................... $100.00 THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. Pesticides Control [CAP. 216 27 (d) Importation of experimental samples ............................................................ $100.00 8. A Certificate of Registration issued under these regulations shall not be Duration of of more than five years' duration. licence. 9. (1) Every application received under Regulation 3 shall be placed Granting of by the Registrar before the Board and the Board may, after making such enquiry licences. as it deems fit, register the pesticide and grant a Licence in Form II, either as a Form II. Registered Pesticide or as a Restricted Pesticide, in accordance with the Act. (2) The Board reserves the right to require the applicant to furnish additional information before making a decision. 10. Where the Board is not fully satisfied that a pesticide should be registered, Provisional it may grant provisional registration for use subject to such conditions as may registration. be laid down by the Board, for a period not exceeding one year, after which the pesticide shall either be registered as a Registered or Restricted Pesticide, or provisional registration may be withdrawn by the Board. 11. If, after a pesticide has been registered, it comes to the knowledge of Cancellation of the Board that the registration was procured by false or misleading information registration. or the concealment of material facts, the Board may cancel the registration with immediate effect. 12. Any person aggrieved by a decision of the Board may appeal to the Appeals. Minister within 30 days of the receipt of the decision, and the Minister's determination thereon shall be final. 13. Any person who knowingly contravenes the provisions of these Penalties. 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. THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 28 Repeal. Commencement. CAP. 216) Pesticides Control 14. Regulation 11 of the Registered and Restricted Pesticides (Manufacture, Import and Sale) Regulations is hereby repealed. 15. 1995. (1) These Regulations shall come into effect on the 1st of August, (2) On the date of commencement of these Regulations, the Minister shall publish Schedules of Registered and Restricted Pesticides as well as of pesticides which are prohibited under the Act. MADE by the Minister of Agriculture and Fisheries, this 3rd day of July, 1995. (RUSSEL GARCIA) Minister of Agriculture and Fisheries THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, REVISED EDITION 2003 Belmopan, by the authority of the Government of Belize. Pesticides Control SCHEDULE I [Regulation 5(1)] PESTICIDES CONTROL BOARD [CAP. 216 Basic Data Required for Registration of Pesticides 1. Technical data: 1.1 Common & Chemical Name (IUPAC) 1. 2 Structural formula 1. 3 Molecular weight 1. 4 Physical state, colour and odor 1. 5 Boiling and melting points 1.6 Vapour pressure at temperatures between 20° and 25° C 29 1. 7 Solubility in water and in organic solvents at temperatures between 20° and 25° C 1. 8 Partition coefficient between water and a non-miscible solvent 1. 9 Specific weight or density 1.10 Index of hydrolysis under normal conditions 1.11 Photolysis under normal conditions 1.12 Absorption spectrum ( ultraviolet, visible, infrared) 1.13 Sample - 0.5 litres (liquids), 0.5 kg. (solids) 1.14 Active ingredient expressed in percentage and grams/kg. When there is more than one active ingredient, this information should be given for each 1.15 Analytical methods for the evaluation of the active ingredient and its residues in food, soil and water 1.16 Sample taking methodology and residue analysis of the product in the work place 1.17 Density (liquids), weight (solids) 1.18 Flammability and explosivity points 1.19 Guaranteed stability in storage (given in weeks) 1.20 pH 1. 21 Corrosivity 1.22 Incompatibility with other agrochemicals, container specifications and application equipment THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 30 CAP. 216) Pesticides Control 2. Data for Technical Grade pesticide and for Formulated pesticides: 2.1 Analytical standards 2.2 Identity and content of isomers, impurities and other by-products, expressed in percentages 2.3 Identity and percentage content of ingredients (inert, solvents, emulsifiers, etc.) 2. 4 Type of formulation 2. 5 Maximum Residue Limit in crops/animals for which registration is sought 2. 6 Moisture content ( dusts & granules) 2.7 Suspension percentage (W.P., E.C., F.C.) 2.8 Frothing percentage (in formulations to be mixed in water) 2. 9 Dry granular analysis 2.10 Wet granular analysis 2.11 Stability of the emulsion and properties of dispersion (E. C.) 2. 12 Summary data on biological efficacy 3. Toxicological information 3 .1 Acute and subchronic toxicities - oral, dermal and respiratory 3.2 Irritation to skin and eyes 3. 3 Sensitivity effects 3.4 Chronic toxicity, with results of studies on reproduction, teratogenicity 3.5 Toxic effects of metabolites, degradation by-products and impurities 3. 6 Metabolic studies in animals 3.7 Toxicological information of formulations 3. 8 Safety precaution in handling and use 3. 9 Signs and symptoms of poisoning 3.10 First aid measures 3.11 Medical treatment for poisonings 3 .12 Phytotoxicity 3 .13 Re-entry period to treated areas THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 Pesticides Control [CAP. 216 31 4. Ecological information 4.1 Persistence and alterations of the product in soil, water and air 4.2 Effects in terrestrial flora and fauna 4.3 Effects in aquatic flora and fauna 4.4 Natural process of the pesticide's degradation 4.5 Data on toxicity to beneficial insects 4.6 Data on mobility of the pesticide in the ecosystem (environmental fate) 4. 7 Disposal measures for the pesticide and empty pesticide containers 4.8 Emergency plan and methods of decontamination in, case of- spills, fire or explosion. THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 32 CAP. 216) Pesticides Control SCHEDULE II [Regulation 5(2)] PESTICIDES CONTROL BOARD, BELIZE REQUIREMENTS FOR LABELLING OF PACKAGES 1. Label text must be in English with a flyer in Spanish if appropriate to the users. Pictograms and warning symbols should be used to emphasize precautions. Text shall be in a clear type face of size not less than 6 point. 2. A label should be durable under practical conditions of use and handling, and should withstand the contents of the container and other substances with which it is expected to come into contact. A label must not be misleading as regards statements of safety in handling. 3. A label must include in a clear manner the following information: 3 .1 Trade or commercial name of the product. 3.2 Product composition giving ingredients in decreasing order and in the following form: 3.2.a chemical name 3.2.b genenc name 3. 2. c Percentage in weight of each active ingredient, with its concentration in g/L or g/Kg or its equivalent (located below and adjacent to the formula). 3.2.d Percentage inert ingredients and/or additives (including organic solvents), expressed in g/L or g/Kg or its equivalent (located below THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 Pesticides Control [CAP. 216 33 and adjacent to the formula. 3. 3 Classification and type of pesticide (insecticide, fungicide, herbicide, etc.). 3. 4 Name, address, and establishment number of the manufacturer, formulator or repackager. 3. 5 Directions or conditions of use as approved by the Pesticides Control Board, specifying the following: 3.5.a pest or disease to be controlled. 3. 5. b crop( s) on which product is to be used. 3.5.c mode of action, dosage rates, preharvest interval, withholding period, method of application, season or frequency of application. 3. 5. d incompatibility with other pesticides. 3.5.e method(s) of empty container disposal and cleanup procedures for spills. 3.6 Warning and cautionary statements in relation to the toxicity of the active ingredient(s) including: 3.6.a hazard to humans and domestic animals. 3.6.b hazard to wildlife and the environment. 3. 6. c basic signs and symptoms of poisoning. 3.6.d appropriate safety precautions (protective equipment). 3.6.e First-aid measures (as appropriate for unskilled persons and paramedics). THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 34 CAP. 216) Pesticides Control 3.6.f antidotes and basic indications for medical treatment. 3.6.g precaution measures for the protection of the environment. 3. 7 Instructions for appropriate storage and transportation of the pesticide. A visible label stating the following: "keep out of the reach of children, domestic animals and food. Destroy containers after using the products". Directions for protective gear to use and precautions to take when using the pesticide. 3.8 A sign saying: Stop! read the label before using the pesticide. 3. 9 Registration number, date of formulation, batch or lot number for locally repackaged or formulated product. 3 .10 Net contents of the package or container in metric units or equivalent. 4. If any metals (Manganese, Iron, Tin, Zinc) are present in the formulation the percentage of each should be included. 5. The following statement in block capital letters: "IN CASE OF PESTICIDE POISONING TAKE PATIENT TO A HOSPITAL AND GIVE THE DOCTOR THE LABEL". 6. Physical and chemical dangers presented by the pesticide and steps that need to be taken when using it, e.g. flammability and corrosivity. Pictograms may be used. 7. The labels shall be white with black lettering. No other color should be present except those identifying the color band, trademark and logo. 8. Any label approved by the Pesticides Control Board will expire at the same time that the registration for the product expires. 9. The labels must not bear markings such as: "not poisonous" or "harmless pesticide" which may be misleading to the user. THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 Pesticides Control [CAP. 216 35 10. The color, paper, and glue used in making the label will be of a quality that is resistant to the effects of the atmosphere and handling under conditions adequate for its storage and transport. 11. The labelling of pesticides shall be guided on the basis of the WHO Toxicological Classification except in select cases where other factors override the acute toxicity of the pesticide. Labels must bear warning symbols, statements, and color band according to the category of the pesticide as follows: Category 1 Extremely Toxic 2 Extremely Toxic 3 Moderately Toxic 4 Slightly Toxic TOXICOLOGICAL CLASSIFICATION TABLE I LD 50 rats mgtkg by weight ORAL DERMAL Solids Liquids Solids <5 <20 < 10 > 5 < 50 > 20 < 200 > 10 < 100 > 50 < 500 > 200 <2000 > 100 < 1000 > 500 >2000 > 1000 THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. Liquids <40 > 40 < 400 > 400 < 4000 >4000 REVISED EDITION 2003 36 CAP. 216) Pesticides Control Category 1 pesticides must visibly bear the words DANGER POISON with a skull and cross bones in black The full length of the base of the label must bear a band of intense red, with the name of the category printed over it. Category 2 pesticides must visibly bear the words WARNING POISON with the skull and cross bones in black The full length of the base of the label must bear a band of intense yellow, with the name of the category printed over it. Category 3 pesticides must visibly bear the words WARNING in black The full length of the base of the label must bear a band of intense blue, with the name of the category printed over it. Category 4 pesticides must visibly bear the word CAUTION in black The full length of the base of the label must bear a band of intense green, with the name of the category printed over it. 12. Dimensions of the color band: The color band, situated at the bottom and running horizontally along the label will be 15 % of the label in height. In certain cases it will be allowed for instructions to be written in this band. However this should not interfere or distort the impression of the category corresponding to the color band. 13. Labels should be designed according to the following specifications: 13 .1 The size must be approved by the Pesticides Control Board. 13.2 Size of the skull and crossbones: This depiction should not occupy less than 2% of the total area of the label and in all cases will be black in color. 13. 3 Size and characteristic of Logo: This will have a maximum size of 2 % of the total label area. This can be of any color to facilitate its identification. 13. 4 Companies that manufacture, import, or distribute pesticide formulations, technical products, or coadjuvants, who have distinctive trademarks, may print them on the upper portion of the label. Such trademark colors should not lead to confusion with the color THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 Pesticides Control [CAP. 216 37 band identifying the toxicological classification of the pesticide. 14. Labels for restricted pesticides should have the marking: "Restricted use pesticide. For sale to licensed applicators only". 15. For containers less than 1/2 litre or 1/2 kilogram, an additional label should be included that will contain all data found on larger containers. This label will have the name of the product, directions for use, first aid and medical treatment, along with the color band of the toxicological classification. 16. On applying for registration of a pesticide the type, size, and material of the containers that will be used in the sale of the product should be indicated in the application with a guarantee that the container is resistant to the physical and chemical action of the product. THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 38 CAP. 216) Pesticides Control Form I [Regulation 3] TO: Registrar, Pesticides Control Board Central Farm, Cayo, Belize, Central America Application to Register a Pesticide Name of Applicant: ........................................................................................................... . Address: ........................................................................................................................... . Telephone No.: ................................................................................................................. . Name of Local representative: ........................................................................................... . Address: ........................................................................................................................... . Telephone No.: ................................................................................................................. . Common Name of product: ............................................................................................... . Trade Name of product: .................................................................................................... . Formulation: ...................................................................................................................... . Chemical composition (composition active ingredient(s) and synergist(s) by weight: ............. . LD so: ................................................................................................................................ . WHO Classification: .......................................................................................................... . Intended use: ..................................................................................................................... . Action: .............................................................................................................................. . Chemical Family: ............................................................................................................... . (Other chemical, toxicological and environmental data as required by section (4) must be supplied according to Schedule I of the regulations.) THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 Pesticides Control [CAP. 216 39 Details of registration in: (a) country of manufacture: ............................................................................................ . (b) other countries: ........................................................................................................ . Has registration ever been refused elsewhere? If so, give details: ........................................ . Fee ( s) included: * Registration ............................................................................................. $500. 00 * Re-registration ........................................................................................ $300.00 * Renewal of Certificate ............................................................................. $100. 00 * delete as appropriate Date of Application: .................................. . PCB#: Reg. Status: Fee(s) Paid: Application complete: THE SUBSIDIARY LAWS OF BELIZE Signature of Applicant For Official Use Only Other remarks [ Printed by the Government Printer,] No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 40 CAP. 216) Pesticides Control Form II [Regulation (9)] PESTICIDES CONTROL BOARD Central Farm, Cayo, Belize, C. America Certificate of Registration of Pesticide. Applicant COMMERCIAL NAME OF PRODUCT Address Registration No. Expiry Date Having complied with the regulations of the Pesticides Control Board, as set out in Sections 7, 8 and 11 of the REGISTERED AND RESTRICTED PESTICIDES (REGISTRATION) REGULATIONS, the above applicant is hereby granted registration of the product known commercially as such registration to expire years from the date of registration. PRODUCT CHARACTERISTICS Type of Pesticide: I Formulation: PRODUCT COMPOSITION Name and formulation of active ingredients (a.i.) %WT Equivalent in grams a.i. Synergist(s) Inert ingredients to 100% THE SUBSIDIARY LAWS OF BELIZE I Total% 100.00 [ Printed by the Government Printer,] No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003 Pesticides Control REGISTRATION STATUS: Registered pesticide Delete as appropriate Restricted pesticide AUTHORIZED FOR USE AS: Signed this day of 2 at Central Farm, Cayo, Belize. [CAP. 216 41 Provisional Registrar, Pesticides Control Board THE SUBSIDIARY LAWS OF BELIZE [ Printed by the Government Printer,] No. 1 Power Lane, Belmopan, by the authority of the Government of Belize. REVISED EDITION 2003