Pesticides (Amendment) Regulations, 2004 (No. 86 of 2004)

THE JAMAICA GAZETTE SUPPLEMENT PROCLAMATIONS, RULES AND REGULATIONS 219 \'ol. CXXVII THllRSDAY, AUGUST 5, 200-1 '.\o. 6-1 No. 86 TI-IE PESTICIDES ACT THE PESTICIDES (Al\1ENDl\1ENT) REGULATIONS. 2004 1 n exercise or the power conferred upon the Pesticides Control Authority by section 16 of the Pcslicides Act. and of every other power hereunto enabling. the following Regulations arc hereby made, with the :ipprt)\·al of the Minis1cr: l. These Regulations may be cited as the Pesticides (Amendment) Regulations. 200-1. and shall he read and construed as one with the Pesticides Regulations, 1996 (hereinn:h:r rd'crred to as the principal Regulacions) and all amendments thereto. ' Regulation 2 of the principal Regulations is amended by inset1ing 1he follt,wing de!li1itinns in their c1ppropriate alpliahl"lical sequenc,·: ~ · "certili..:atl'" ml'ans ,i ccnificatc issued pursuant 111 rq;ulatitrn I :'i: "L·,,m1ncrcial jlL'St Clllllnil appl!G11tir"· means a pcrstin ,, lw. for purposes llfhusincs-,. !1.,c·-,. :1ppliL·., <'r ,11pc·n isL'-, ihL· app!iL'(lli,111111· -i rc-,incll'd pL·,11,·id,·. 220 PROCL.-\\L-\TIO'.\S. RLLES Al\D REGLL-\TlO'\S ··pri \·at.: applicator·· means a person who. 0th er than for purpose, ,)r nwn,;tar~ compensation. uses. applies or supervises the application of a restm:tecl pesti.:ide on property owned. leased or rented by him. his employer or any other person and includes a small farmer; "serviceman'" means a person certitied by the Authority and \\'ho is employed to a,~i~, a pest control applicator. 3. Regulation 14 of the principal Regulations is amended in paragraph ( 3) by inscn111g in sub-paragraph (a) immediately after the words "paragraph (7f' the \lords ··and regt1lauo11 15A". 4.~( I) Regulation 15 of the principal Regulations is amentled: (a) by deleting paragraph (5) and renumbering paragraphs ( I l tn (..\)as paragraph, (2) to (5), respectively; (b) by inserting the following as paragraph { 1 )~ " ( 1) No person sh:i!l operate as a pest control applicator or scrv1c-:m,1n unless he is the holder of a certificate issued by the Authority authorizing him so to act."; {c) by deleting from paragraph (3) as renumbered the words "The Authority" and substituting therefor the words "Subject to regulation l 5A, the Authority"; (d) by deleting from paragraph (5), the numeral "(2)" and substituting therefor the numeral "(3)"; (e) in paragraph (3) as renumbered, by deleting the words "paragraph (2)(a)" and "paragraph (5)" and substituting therefor the words "paragraph (3}(ar· and "paragraph (6)", respectively; (f) by inserting the following as paragraph (6) " (6) The Registrar may issue or renew a certificate for a shorter or longe·r term ifhe considers it in the public interest so to do.". 5. The principal Regulations are amended by inserting next after regulation 1 S the followingasregulations 15A, 15B, 15C, 15D, \SE, 15F, 15G, 15Hand l5I~ "Ex;arnination I SA.-{!) Before issuing a licence under regulation 14 or a certificate or assessment under regulation 15, the Authority may, if it considers necessary~ ,-f applicants. (a) require an applicant for such licence or certificate to-~ (i) sit a written examination in accordance with a programme developed by the Authority; or (ii) undergo such other form of assessment as the Authority deems fit; and PROCLAMATIONS. RULES AND REGULATIONS 221 R~-~xamina tion Autlwrity may i~suc guiddine:.-.~ Duty of pest control applicators Hl supervise s.i:rvlcem..::n Production of certifi.{;al~s fnr inSpL..'cllou. {b} charge such fees as it deems appropriate, for the e.xamination or asscssmenL (2) Where the Authority takes action under paragraph ( l), it shall publish a notice in a daily newspaper containing information on--· (a) the date of each examination or assessment, as the case may require. and any other matters relating thereto; and (b) the amount or the fees and any other matters relating thereto. (3) Each applicant for a certificate under regulation 15 shall demonstrate to the Authority his competence in the safe application of thi.: type of pesticide to be used, in such manner as to prevenl {a) unreasonable adverse effect on the environment; and (bl injury to humans and animals. (4) A certificate shall not be issued to any person who fails to demonstrate his competence to the satisfaction of the Authority. (5) The Authority may, ifit thinks fit, exempt any applicant from the requirements of paragraph (I), (2) or (3). 15 8,-( I) An applicant may apply for a re-examination afler two consecutive failures. ! SC. The Authority may, in addition to issuing guidelines on the hazards in the use of pesticides, issue to pesl control applicators and servicemen, standards and guidelines on the safe use and handling of pesticides covered by the certificate. 15 D.-( I) A pest control applicator shall directly supervise a serviceman where the serviceman performs the same use as that specified in the certificate held by the pest control applicator. (2) A pest control applicator shall be present at all times on the site on which the pesticide is applied. (3) A certi tied pest control applicator shall be responsible for all actions by a serviceman under his supervision. 15E. Every pest control operator, pest control applicator and serviceman shall, at all times during the application of pesticides. have his certificate available for production at the request of an inspector. [nsuran,·c: ""'' 15F.- •{I) Th.: Registrar may require a pest control operator to be ~u:1r.,n1,·,·, ill';ured (1r t1• rwvidc a ¥U<1ra11tce or hond or ~uch amount as the PROCL.-'.\\!XI 10:-,..,s. RLLES :\\D RHil I. \I!< J\.\ ia) the re1111bur,er11cnl or pcr,un, \\ ho ma) ,u rtt:r Jam.ig..: a~ a resul! otth,· 11pcrali\111 ,,!'th..: pc,;L L"Pllir<'l 1>per:Jlpr: and (h) an) ct,,!, 111<;urrcd in deaning up ('r !11 mitigatmg an) ath..:r~c· ct'ts.:,i un thL· ,:n1 i1\1tlmc11t {a) cash or i:crtilied ehcqu,· 111ade payahk 1u ih,: ,\ccountam Cicn..:ra): (b) a sccuri~y t>r guaramec' 1n,ura11c<: pulil·) \\ iLh :i ,upulatiun that it is joim and s..:n:rnl: or (c) an irn;voc:ablc letter or credit issued by a bank. cn:d11 union or other licen,cd linancial instilul\1)11 (J) Uuarantc:es shall lw dcp,,,ncd 11 !!h the A.ccountanl General !'or the term of the ccrti licate or until the expiry or twelve months following the date of the expiry of the ccrlificntc 11r revocation of the certificate, whichever tirst oci:urs. Su~pcns,on or I 5G.-( l) Subject to paragraph (2), the Authority may Revocation ,,1 ccnificalc. Ri:.:nl~atH.Hl ol ~crt1 licatc :1 fin ~u~ren~frm (a) suspend a certificate issued pursuant to regulation 15 if the holder thereof fails to follow the guidelines issued pursuant to regulation 15(; (b) revoke a licence issui.:d pursuant to regulation 14 when.: the licensee {i) makes any false or misleading statements during or after an inspection by an inspector; (ii) fails to contemn to guidelines issued by the Authority with respect to a pesticide or categories of pesticides for which the certificate is granted. (2) Before taking action under paragraph (I), the Authority shall give notice in writing of the proposed action to the holderoflhe ccrti ficatc or the licensee, as the cctst· may require (a} giving the reasons therefor; {b) indicating a period within which the holder may make written or oral representations on the proposed action. I 5 H .--( I ) The Authority may, revoke any certi fic:.itc suspended under n.:gulat ion ! 5G( I )(a) and shall give notice of such revocation to the !wider thcn;oL AL (i 5. 200-1 l ·1 fU!l1 Ill~ ..,,.i;!,'{1i.>ns f. ~r f~ri-C\\'3\ \~! .l c~rtific~,~ !'ROCI.A\L-\Tlos..;s RLLES AND REGULXflO'.\S (2) The revocation of a certificate shall take efkct upon sen ice of the notice referred to in paragraph (2). ( 3) .'\ person to whom a notice is gi\ cn pursuant to paragraph ( 2) shall im1ncJiately surr...:n<ler the certific,nc to the Authorit:, l 51. ,\11 applicant li.)r a r...:newa! of a ccrtitieatc shall pn)\ c tu the: Authority that he has attended a minimum nurnhcr Pftrnining scs~ion, approved by the .-\utlwrity for that purpose." 6. The principal Rcguli!ti\lns arc amended by inserting 11<:xt after n:gulat1011 l 6 thc following as 16.'\ .. R~.:ord, uf pc,!idtk, in1port~d pr (!SCd I 6A.- ·(I) Evl.'ry pest control operator shal I kcep a record llf l.'ai.:h pcsticick imported or used by that operator (2) Sul.'h a record shall be kept for a period of thn:c years and shall induJc (a) the name oJ' the pesticide; (b) the types of fonnulation used: and (c) the location where the pesticide was used.''. 7. The principal Regulations are amended by inserting next after regulation 17 the following as regulations 18, 19, 20, 21, 22, 23. 24, 25, 26, 27 and 28 "Complaints to the Authoni~ 18.~( I) Any person who is aggrieved by the perfonnance of the holder of a ccrti ficate or a I icensee may make a complaint to the Authority or the Consumer Affairs Commission. (2) The complaint shall contain information as to~ (a) the name and address of the holder or the licence or certificate; (b) the date, time and duration of incidence; (c) the exact location of the area affected: (d) the weather conditions (wind, temperature and humidity l: (c) the symptoms of harm to people, plant~ and animals: (!) the type of pesticide used if known: (g} details of any notification prm ided prior to the oppi ic:itt,m of the pesticide: {h l the name and address of ,my t\lhl·r \\ 11ncs:-. .,;1um1n,:1., 1 1. 1"~ h.Hn.H: ,< .in1n1.t! Stop Onkr. ( -~ 1 fhc· A,11h,,rn~ ~hid! c'(lllciu.:l Im e,tig,,,i,111s 111 rc·luu,,n ,,. ,uch a ..:,nnpl:iint and \Uk<' such ,:.-lll'il u~ It ..:on,1cler, appr<lpri,i,c· 1:·. l!h . .' \'lfL'Uil1••td!10.:t.>•. 111~:iuding>-· i '' 1 I ·1 . :, ;iers,H1 tr:111s!',,rtin:,! ,! pc-;ticid<.' that c,,111annnu11.:- ,Lil\ c:,,mm,,d!ly intended for human ,,r ,:nimai con~urnpti,,11 shall (l'I iminediutely 111fon11 th<' R.:gistrar L,f,ud, .:,,m,1111inat1011. and 1, 1 c1rry t)Ut the· in,m:c•.i,,rb ,,f Ilk' Regi,tr,1r in rdmi,,n t,, ,my n;mtclial ad inn (2] Any persoa whL) conlra\t:ne~ paragraph (I) cLlilll11its an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding thirty-five thousand dollars or to imprisonment for a temi not exceeding five months or to both such fine and imprisonment. 20.-( 1) The Authority shall act in accordance with paragraph (2) where it appears to the Authority that, in relation to a pesticide for which a licence has been issued, a pest control operator. pest control applicator or serviceman, as the case may be (a) uses the pesticide in a manner inconsistent with the manufacturer's instructions; or (b) is othmvise negligent in the use of such pesticide. (2) The Authority shall serve or cause to be served on the pest control operator, a stop order in the form set out in the Schedule preventing the sale, distribution or use of the pesticide. (3) A stop order shall state (a) the name and address ofthc person to whom it is directed: rh) the basis on which th~ slop order is made; fl:J that the stop order takes dTecl from the time it is served: and 1 d) the period ror which the stop order is dlectivc. ! ") When: a stop order is :,;,:rvcd on any pcr~on rd'crn:d to in ":1r,,:2r·,:;i, r '! ,1 ,·,,,,v 1!1,r,· ,i':sii·ill J-,,, :h•~l.:d in .i c,,11spi~·unus pbc·c· \l:1 ,he pre~!lhc, n! 1h,ll rcr,,,n 1,,; :, }k"nnd ,,1 •H'l kss than !\,unr:cn d; iy,. """ c·,, "' 1h,· :> I The coun may if it apr,ear" that a public authority has incum:d cc,,t:; and cxpcnscs in connection with the prc\·cntion, controL ahatc1ncnt or mitig,ttion ol any pcsticick pollution caused by thc pre'\ ,·ntiPn. order thc olTcndcr to pay to the public authority the costs and ,~,p·:nscs so i1h.:t1rn.:d. or cornpen~ation for the loss nr dumagc: ,u!fcrcd 11i :.;uch :,nwunt ,h dw C,H1rt may spccify ( )ff('lh.'.~ . .'. ilEi,f pL'nahi~.., '~ I 11 .\ 11y pcrson wlw 01h:ratcs as a pest cont ml applicator or sen icL:man outside the category for which a ccrti licate i~ granted cc1rnmits an offcncc mid '.-\hall be li.:iblt..: c,n summary conviction before H Rc,;idt:nt Magistratt: to a tinl' not exceeding fony thousand dollars or to imprisonment for a tt:rlll not exceeding six months or to both such tine and imprisonrnt:nL { 2) / y person\\ IH> upt:ratcs as a pest 1,:ontro! operator without H \,did l1ccncc, or a pest cnntrol applicator or scrvici;;man without a val id certificate commits an offence and sh al! be liable on summary conviction before a Resident Magistrate to a fine not exceeding thirty thousand dollars or to imprisonment for a term not exceeding four months or to both such fine and imprisonment. (3} Any per:c;on, who distributes or sells restricted pesticides to any person who is not licensed as a pest control operator, or certified as a pest control applicator or serviceman commits an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding thirty thousand dollars or to imprisonment for a term not exceeding four months or to both such fine and imprisonrnenl. (4) Any pest control applicator or private applicator who detaches, or attaches an incorrect mark, alters, defaces or destroys in whole or in part any label on any restricted pesticide commits an offence and shall be liable on summary conviction before a Resident Magistrate to a fine no! exceeding twenty thousand dollars or to imprisonment for a tem1 not exceeding three months or to both such tine and imprisonment. (5) Any person who wilf'ully obstructs any inspector in the ..:nurse of his duty commits an offence and shall be liable on summary conviction before a Resident Magistrale to a fine not exceeding fifty thousand dollars or to imprisonment for a term not exceeding six months or to both such tine and imprisonment. ((1) , y licensee pr pcrson who holds a t:crtificati: who falsitie,; ,rny infun11,1li\ln rclating In ilil· ,!pplication of any pcsticidt: commitsS PRl)U \ \lX!"IO".S. RU.ES :-\".D REGL L\TIO:--..:S Ul'fcn(1.': rdJting ttl th1..· 1111::-iUSC ~1( r1-.:-.,ti1..·u .. k--. llh."llflibl\.'llt ust: ,,( l:,hd Dn.1, ... ·lng of \\.:lli:r in ;.1 pcs!ic1tk con tai nt..~r Trnnspnrta(ion of pcstki,k. Failurt: w L:(11Hpl, \I 1111 " Stop Onk, an ()ffence and shall lw liabk: on su1rnnary c,,n,·icuon before: a Rc~1Jci1t \lagistrate to a fine iwt exceeding fony thousand dollars ,)r t1' ,mpnsonment for a term 1wt ,.-:xcecding fi,·c months or hi both sue!; line and impns1)1Hne11t (7) Any person \I ho faib to keep rcc11rJs as required under rcgu lat ion I 6.-\ c11rn111it~ an offcncl.' :md shall be I 1.1bk on summar: ..:n11, iL'ti,111 bL'fon: a RL'~idenl \!agistrak' to a fine not exceeding thin~ tlhlltsand 11L11lars or to 1111prison111c:lll fix a term !ll)l cxceedrng ft,ur nwnths or w hoth ~uch line and imprisonment. 23. Any person \\'ho negligently uses any pesticide in any m,HrnL'r lh,n t:ndangers the life of any person. flora or fauna or causes harm 10 the: cnvir1inment commits an offence and slwll be liable on summ,ll'\ conviction before a RcsidL'nt Magistrate to a fine not exceeding lift~ thousand dnllars or t\1 imrrisonmL'nt for a term not e:,;cc·eding ~i\ nwnths ,1r lo both su<.:h !inc and 1mpriS\ll1rncnt. 24. Any person who uses a pesticide rn a manner inconsistent with the label commits an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding thirty thousand dollars or to imprisonment for a tem1 not exceeding four months or to both such fine and imprisonment. 25. Any person who draws water directly from surface water, a well, public or private water system into a pesticide container or an apparatus used for the mixing or application of a pesticide commits an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding thirty thousand dollars or to imprisonment for a term not exceeding four months or to both such fine and imprisonment. 26. Any person who transprnts or causes or permits a pesticide to be transported in a commercial or private vehicle together with commodities intended for human or animal consumption that are not separated in a manner that prevents contamination of those commodities by the pesticides, commits an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding thirty thousand dollars or to imprisonment for a tenn not c:-.:cccding four months or to both such fine and imprisonment. 27. Any person who foils to comply with n stop order issued under n:gulation :rn commits an offence and shall he liable on summary conviction bdi.m.: a Resident Magistratt: 10 a line not exceeding ti fty thousand dollars or in 1kfault of paymclll to imprisonment for a term lllll L'Xcccding. si;,,: llllllllhs ,\l(i5.2lHJ-l] PROCL.-\\1-\I 10'-:S. RLLES :\\D RECil'L.--\TIO\S --,---.7 Am~ndm.:n1 nl Sc•,11nd Sd1~dulc. 28.-(l l ~Fhc .-\utlwrity may amend the catcg<1rics or ccrtiticatc~ specitil:d in the Second Schedule h~ a notice published in tht' Ga::e11c.". 9. The First Schedule to the princ:ipal Rcglllalil)ns is amcn<lcd by rnscrting nc:1.t allcr h>nn 13 the following Fonns FORM 14 .-lPPL/CAT/0.\" FOR .•I CERTIFICATE TO OPERATE .-JS .-1 PR!l'.•ffE APPLICATOR Application No. I. Nanu:orApplicant 1 Address of Applicant J Date nf13irth . 4. Tck:phonc: Busi ncss Home ·. -··---·· 5. Name and address of employer 6. Address where pesticides are stored 7. Address where pesticides are to be applied 8. Method of disposal of containers of pesticide Signature of Applicant Date For Official Use only 1. Date of application ~ 2. Number of Certificate · Sig1111111re o/Rcgistrar Dale PROCL.-\\1.-\TIO\"S. Rl'LES .~\\D REGL'L.\.TIU\\ FOR.\! l 5 CERTIFICATE FOR PR/1:-!TE .·lf'l'L!C !TUR Thi~ is w ..:ertify that Chairmcm. Pcslicide.1 Cu111rol .~111hori11 FOR:--1 16 THE PESTICIDES RECUL.-JT/0.\S. l'IYri STOP ORDER issued under regulation 20 TO: (narne ofperson)(registered office) WHEREAS it appears to the Authority that you are (delcte ·as not appropriate) (a) negligent in your use of a restricted pesticide; [.-\1 u 5.20IJ..\ Dale (b) using a restricted pesticide in a manner inconsistent with the manufacturer's instructions, namely: (Description of activity) in breach of the Pesticides Act. THE PESTICIDES CONTROL AUTHORITY hereby orders that, upon the effective date of this Stop Order, you immediately cease the activity spcci fied herein. Failure to cease the activity shall render you liable to prosecution without further notice to you. This Stop Order shall be valid for a period of fourteen days from the date of issUL' Dated this day of , 20 .-\l(1 5. 2UP..J] PROCL.-\\1.\TIO>S. RU.ES A>D REGl'L.-\TlO'.\\ I U. The Second Sche<luk to th<.: princtpal Regulation is amended by inserting nc,t afler the item relatmg w "Certi tieate for Sen·iceman assisting" the following--~ Certificllte .-\ Cen1 tit.:ate D Ce11ificate E Ce11iticatc F Ce11iticare C Cetiiticnre H Certificate l C(l{egonc.- of Ccrqtic,11,'.\ for f't'SI Co1r1rol .-l111,/icutors and Sernn·111c11 Structural Fumigation and \\'ood Destroying Organism 011rn111<.:11tal and Turf Pest Control General Housdwld Animal Pest Control Aquatic Pest Control Public Health Pest Control Fam1 and Servicemen Aerial Spraying.". Dated this 27th day of July. 2004. APPROVED; No. :?.I l/6111 PETER FIGUEROA Chaimrnn. Pesticides Control Authority. JOHN JUNOR Minister of Health.