Pesticides Regulations, 1996

PESTICIDES THE PESTICIDES ACT REGULATIONS (under section 16) The Pesticides Regulations, 1996 {The inclusion of this page is authorized by L.N. 1/2006] I L.N, l!Y96 ¥J/99 8612""' t06A/200-4 PESTICIDES THE PESTICIDES ACT REGULATIONS (under section 16) THE PESTICIDES REGULATIONS, 1996 (Made by the Pesticides Control Authority and approved by the Minister on the 22nd day of January, 1996) [22ndJanuary, 1996.) 1. These Regulations may be cited as the Pesticides Regulations, 1996. 2. In these Regulations "accompanying instructions" means any separate document containing instructions that is supplied with a package; "certificate" means a certificate issued pursuant to regulation 15; "commercial pest control applicator" means a person who, for purposes of business, uses, applies or supeIVises the application of a restricted pesticide; "licensee" means a person to whom a license is issued under these Regulations; "private applicator" means a person who, other than for purposes of monetary compensation, uses, applies or supeIVises the [Tiie inclusion of this page is authorized by L.N. 1/2006) L.N. 10/96 Amdt. 3 L.N. 40I~ 8612Q04 106A/2004 Cillltion lnle,pretation. 4 Applit:atic,nfor registration or pesticide. Finl """""' Fom, I. THE PESTICIDES REGULATIONS, I996 •.· application of a•'restricted pesticide on property owned, leased or rented by him. his employer or any bther person and includes a small farmer; "serviceman" means a person certified by the Authority and who is employed to !ssist a pest con~ol applical 1 tor. "trade name" -~eans the internatio~ly recognized r nationally registered commercial name under which a pesticide is marketed. · I Registration of Pesticide ., ... , •. ..j,, . , I. • I 3.--'-{l) A person who is desirous of registering a pesticide shall apply to the Au!hority in the [orm set out as Form I in the First Schedule.; ! i l (2) Every application under paragraph (1) shall be accompanied by a fee of ten thousand dollars. L f· 4· ' . I (3) Where on receipt of an application under paragraph ( 1) the Authority requires additional information, the Authority shall so notify the appliaint who shal~ . within sixty days -of the date · of the receipt of the ~ . ! . . . - .. ' . . ·. ' . . -. . ' notificanon, supply the Authonty with the informauon. . • - j . . '. . - - . ( 4) Where an application is made for the registration of a pesticide under paragraph (1) and that pesticide is not approved or registered in its , country of origin, the applicant shall inform the Authority of ! . ,. (a) the reason for the non-approval or non-registration; and ~ ·.;i· (b) any approval or registration of the pesticide in a third country. [The inclusion of this page is authorized by LN. 1/2006) • fiEPESTICIDESREGULAT/ONS, /996 4.01 4.-(1) The Authority, on receipt of an application and any additional ~,r infonnation which may be required under regulation 3, may (a) register the pesticide; (b) register the pesticide for experimental purposes or for use in research only; or (c) refuse to register the pesticide. (2) Where the Authority (a) registers a pesticide, the Authority shall issue the applicant with a certificate of registration (whether or not subject to any term or condition) in the form set out as Form 2 in the First Schedule; '"" (b) registers a pesticide for experimental purposes or for use in research only, the Authority shall issue to the applicant a certificate of registration in such form as may be determined by the Authority and notwithstanding regulation 8, may issue an impon licence, subject to such conditions as may be specified therein, for imponation of such quantities of the pesticide as are necessary for experimentation or research. (3) Where the Authority refuses to register a pesticide, the Authority shall inform the applicant in writing of its refusal and the reasons therefor. ( 4) Subject to regulations 5 and 6, a certificate of registration issued under paragraph (2) (a) shall be valid for a period of five years from the date thereof. 5.-(l) The Authority may suspend any registration granted under regulation 4 (2) for any breach of a term or condition of that registration and the Authority shall notify the holder of the relevant certificate in writing stating the nature of the breach and that until the breach is remedied, the registration is suspended. [The inclusion of this page is authOrized by L.N. 1/2006) """"""· Form 2. Sll!lpcmionof registration. 4.02 Canccll,rtior, of ,egistrotiOJl Application fur ~ First Sch<,dnle FmmJ. mE PESTICIDES REGULATIONS, 1996 (2) Where any registration is suspended under paragraph ( l) the holder' of the relevant certificate shall forthwith return that certificate to the Authofity. (3) Where the breach is remedied., the person concerned shall so infonri the Authority in writing and the Authority shall cause an inspection to be c:arried out to determine whether the breach is remedied., and, if on such inspection the Authority is satisfied that the breach has been remedied,· the AU;thority shall return the certificate to that person. I 6.,-(l) The Autborit\: may cancel any registration granted under regulation 4 (2) if- · (a) the Authority is satisfied that the use of the pesticide has, or is . likely to have, a detrimental effect on the environment or is likely to be a danger to public health; (b) there is a change in the trade name of the pesticide; or (c) the pesticide is withdrawn by the manufacturer. i . (2), Where the Authority cancels any registration under paragraph • (l ), ilie Authority shall in writing notify the person to whom the relevant certificate was issued stating the reasons for the cancellation and requesting that the certificate be returned to the Authority forthwith. : 7.-{l) Unless cancelled under regu]ation 6 (l), registnttion granted under regulation 4 (2) may be renewed on application therefor within thirty days ~fore the date of expiration · (2) A.1 application for re-registration of a pesticide shall (a) be in the form set out as Form 3 in the First Schedule; and [The inelusi011 of.Ibis page is authorized by LN. 1/2006] ( THE PESTICIDES REGULATIONS. 1996 (h) be accompanied by a fee of seven thousand five hundred dollars. (3) A person who applies for re-registration of a pesticide shall, where requested by the Authority, provide additional infonnation relating to the pesticide within three months of that request or such longer period as the Authority may determine. · Importation of Pesticide 8.----{l) Every person who is desirous of importing a pesticide into the Island shall apply to the Authority in the form set out as Form 4 in the First Schedule for a licence so to do. (2) Every application under paragraph (I) shall be accompanied by a fee of an amount equivalent to 2 per cent of the value (cost, insurance and freight) of that pesticide. (3) The Authority may require an applicant for a licence under this regulation to furnish to the Authority such additional information as the Authority considers necessary for the purposes of this regulation. ( 4) The Authority on receipt of an application under paragraph (I) may (a) issue a licence in such form as may be determined by the Authority; or (b) refuse to issue a licence. ( 5) Where the Authority refuses to issue a licence under paragraph (4) (h), the Authority shall inform the applicant in writing of the refusal and the reasons therefor. {Tite inclusion of this page is authorized by L.N. 112006) Li«ne<to --,-,,,. """""'· Fom, 4. 5 6 Appliczltion for licence to mmnllilctufe -Finl Scheduk: Fonn!i. THE PESTICIDES REGULATIONS, 1996 (6) A licence issued under this regulation (a) may be subject to such tenns or conditions as the Authority thinks fit; and (b) 'subject to paragraph (7), shall be valid for a period of six months from the date of issue. (7) · A licence issued under this regulation may be revoked for any breach of a tenn or condition thereof. Manufacture of Pesticide 9.--{ I) A person who is desirous of manufacturing a pesticide shall make an application to the Authority in the form set out as Form 5 in the First Schedule for' a licence so to do. (2) ,:'ill application under paragraph (I} (a) shall state in detail all the raw materials to be used in the manufacture of the pesticide, including any active or: inert ingredients; and (b) shall be accompanied by a fee of seven thousand five hundred dollars. (3) A person who applies for a licence under paragraph (I) shall, where requested by the Authority, provide additional information within three months of that request or such longer period as the Authority may . determine. (4) The Authority may, on receipt of an application under paragraph (I) and any additional information under paragraph (3} (a) issue a licence for the manufacture of the pesticide in the [The inclusion of this page is authorized by LN. 1/2006] THE PESTJCliDES REGULATIONS, 1996 furm set out as Form 6 in the First Schedule, subject to such terms or conditions as the Authority thinks fit; or (b) refuse to issue a licence. (5) The Authority shall, on refusing to issue a licence under paragraph (4) (b), notify the applicant in writing of the refusal and the reasons therefor. (6) Subject to regulations II and 12, a licence issued under paragr,aph (4) (a) shall be valid for a period of five years from the date thereof. 10. A licence issued under regulation 9 to manufacture a pesticide may be renewed on application therefor within thirty days before the date of expiration thereof and the provisions of paragraphs (4) and (6) of that regulation shall apply with respect thereto. 11.-(1) A licence to manufacture a pesticide may be suspended for any breach of a temi or condition of that licence and where the Authority suspends a licence the Authori,ty shall notify the licensee in writing stating the reason for the suspension and the time within which the breach is to be remedied and that the licence is to be returned forthwith to the Authority. (2) The licensee shall, upon remedying the breach which gave rise to the suspension, inform the Authority in writing and the Authority shall cause an inspection to be carried ourt to ascertain whether the breach is remedied. (3) Where upon an inspeotion under paragraph (2) the breach is found to be remedied, the Authority shall return the licence to the licensee. 12. The Authority shall revoke a 1icence to manufaoture a pesticide if (a) the application for the licence or a renewal thereof contains a false or misleading representation or a misrepresentation of any material particular; (b) the person to whom the licence was granted (i) manufactures a pesticide which is not authorized by the licence issued to him; [The inclusion of this page is authorized by L.N. 73/ 1999] First Schedule. Form 6. Renewal of licence to manufacture pesticide. 7 Suspension of licence to manufacture a pesticide. Revocation of licence to manufacture pesticide. 8 Application for and issue of licence for selling restricted pesticides. First Schedule. Form 7. THE PESTICIDES REGULATIONS, 1996 (ii) ceases to manufacture the pesticide authorized by the licence issued 1b him; or (iii) sells the pesticide manufaoturing business in respect of which a licence was issued; (c) the Authority is satisfied that the use of the pesticide to which the licence relates has or is likely to have a detrimental effect on the environment or is likely to be a danger to public health. Selling of' ReSctricted Pesticides 13.-(1) A person desirous of selling a restricted pesticide shall make an application to the Authority in the form set out as Form 7 in the First Schedule for a licence to sell such a pesticide and to register the premises in which the pesticide is tlo- be sold as a registered premises. (2) An application made under paragraph (1) shall (a) state in detail measures to be taken to meet safety standards in the storing and handling of res,trfoted pesticides; (b) state the address of the premises where the restricted pesticides are to be sold; (c) be accompanied by a fee of seven thousand dollars. (3) The Authority shall, on receipt of an application under paragraph (1), cause an inspection of the premises to be camed out. (4) The Authority may, after an inspection has been carried out under paragraph (3) Porm s. (a) issue a licence in the form set out as Fomn 8 in the First Schedule; or (b) refuse to grant a licence. (5) A licence issued under paragraph 4 (a) (a) may be subject to such terms or conditions as the Authority sees fit; (b) shall, subject to sub ... paragraph (d), be valid for a period of three years from the date of issue; (c) may be renewed; (d) may be revoked for a breach of a term or condition thereof. (6) Where the Authority refuses to issue a licence under para graph (4) (b), tlhe Authority shall inform tihe applioam in writing of the reasons for the refusal. [The inclusion of this page Is authorized by L.N. 73/ 1999] • IBE PESTICIDES REGULATIONS, 1996 Pest Control Operation 14.-(l) A person desirous of operating as a pest control operator shall make an application to the Authority in the fonn set out as Form 9 in the First Schedule. by (I) (2) An application made under paragraph (I) shall be accompanied (a) a statement setting out in detail measures to be taken to meet safety standards in the storing and handling of pesticides; and (b) the appropriate fee in relation to the category of operation specified in the Second Schedule. (3) The Authority may, on receipt of an application under paragraph (a) subject to paragraph (7) and regulation 15A, issue a licence in the ""'"""" -Fmt -Fonn9. fonn set out as Fonn 10 in the First Schedule, subject to such '""" 10. terms or conditions as it thinks fit; or (b) refuse to issue a licence. ( 4) A pest control operator shall (a) be a certified applicator in the category for which the licence is required; or (b) have a certified applicator in his employ . • --• (5) A licence issued under paragraph (3) (a) shall, subject to paragraph (6), be valid for a period of three years from the date of issue and may be renewed. (6) A licence issued under paragraph (3) (a) may be revoked for any breach of a term or condition of the licence. [The inclusion of this page is authorized by L.N. 11~0061 9 Catifieat,: for post eornrol ~ andocmce m:111. Firs! ScbcduL:,. fOflll II. Seccnd Scbodu!t:. THE PESTICIDES REGULATIONS. 1996 ' (7) The Authority shall not issue a licence muler paragraph (3) unless it has caused an inspection to be carried out of and has app:i:c,ved the premises where pesticides for use in pest control or aerial spraying are to be stored. (8) Where a pest control operator intends to store pesticides at Premises other than those inspected and approved under paragraph (7), he shall make an application to the Authority in such form as the Authority may · determine, :and the provisions of paragraph (2) (a), (3), (S), (6) and (7) shall apply in relation to that application. ' (9) Where the Authority issues a licence in respect of an application under paragraph (8) and the premises named in the licence issued under paragraph (3) (a) is no longer to be used to store·pestitides, the pest control operator shall forthwith return to the Authority the licence issued under that paragraph and thereupon, the Authority shall cance11hat licence. Pest Control Applicator and Serviceman . 15.--{l) No person shall operate as a pest control applicator or serviceman unless he is the holder of a certificate issued by the Authority authorizing him so to act. (2) iAn application for a certificate to operate as a pest control applicator or serviceman shall be in the form set out as Form 11 in the First Schedule~and ' (a) in the case of a pest control applicator, be accompanied by the fee specified in the Second Schedule in relation to the category of operation;or ' (b) in the case of a serviceman, be accompanied by a f~ of six hundred dollais. (3) Subject to regulation ISA, the Authority may, on receipt of an application under paragraph (1) ' (a) issue a certificate in~ fonn set out as (The inclusion of this page is authorized by L N. 112006) • 11fEPESTICIDESREGULATIONS. 1996 (i) • Fonn 12 in the First Schedule, in the case of a pest control applicator; or (ii) Fonn 13 in the first Schedule, in the case of a serviceman; or (b) refuse to issue a certificate . (4) A certificate issued under paragraph (3) (a) shall, subject to paragraph (6) , be valid for a period of two years from the date of issue and may be renewed on application therefor. I (5) Where under regulation 14 (3) \O) the Authority refuses to issue a licence, or under paragraph (3) (b) of this regulation, refuses to issue a certificate, the Authority shall notify the applicant in writing stating the reasons therefor. (6) The Registrar may issue or renew a certificate for a shorter or longer tenn if he considers it in the public interest so to do. 15A.-( I) Before issuing a licence under regulation 14 or a certificate under regulation 15, the Authority may, if it considers necessary (a) require au applicant for such licence or certificate to (i) sit a written examination in accordance with a programme developed by the Authority; or (ii) undergo sucli other fonn of assessment as the Authority deems fit; aud (b) charge such fees as it deems appropriate, for the examination or assessment. (2) Where the Authority takes action under paragraph (1), it shall publish a notice in a daily neWSpaper containing information on {The inclusion Q[ t!i is P~8'=. is authorized by L.N. 1/2006) 10.01 Fonn 12. F0m113. m """"""" of applicants. 10.02 THE PESTICIDES REGULATIONS. 1996 Re-examination. Authority IIUly issue guidelines. ~, Duty of pest «mtrol applicators to """""' servicemen. (a) the date of each examination or assessment, as the case may require, and any other matters relating thereto; and (h) ·the amount of the fees and any other matters relating thereto. (3) Each applicant for a certificate under regulation 15 shall demonstrat~ to the Authority his competence in the safe application of the type of pesticide to be used, in such manner as to prevent- • (a) unreasonably adverse effect on the emironment; and I (h) injury to humans and animals. I (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, if it thinks fit, exempt any applicant from the requirements of paragraph (l), (2) or (3). 15B. An 1 applicant may apply for a re-examination after two consecutive failures. 15C. The Authority may, in addition to issuing guidelines on the hazards in the use of pesticides, issue to pest control applicators and servicemen, standards and guidelines on the safe use and handling of pesticides covered by the certificate. 15D.--(I) A pest control applicator shall directly supervise a serviceman where the serviceman performs the same use as that specified ih 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 certified pest control applicator shall be responsible for all actions by a sen~ceman under his supervision. [The inclusion of this page is authorized by L.N. 1/2006] • • 11/E PESTICIDES REGULATIONS. 1996 1SE. Eve,y pest control operator, pest control applicator and serviceman shall, at all times during the application of pesticides, have his certilicate available for production at the request of an inspector. · lSF.-(1) The Registrar may require a pest control operator to be insured or to provide a guarantee or bond of such amount as the Authority shall specify for (a) the reimbursement of persons who may suffer damage as a result of the operation of the pest control operator; and (b) any costs incurred in cleaning up or in mitigating any adverse effect on the environment. (2) The guarantee shall be in the form of (a) cash or certified cheque made payable to the Accountant General; (b) a security or guarantee insurance policy\ with a stipulation that it is joint and several; or (c) an irrevocable letter of credit issued by a bank, credit union or other licensed financial institution. (3) Guarantees shall be deposited with tlie Accountant General for the term of the certificate or until the expi,y of twelve months following the date of the expi,y of the certificate or revocation of the certificate, whichever first occurs . 15G.-{ I) Subject to paragraph (2), the Authority may (a) suspend a certificate issued pursuant to regulation 15 if the holder thereof fails to follow the guidelines issued pursuant to regulation 15C; {The inclusion of this page is authorized by L.N. 1/2006] 10.03 Production of oc:t1ificaics for Suspmsion or revO<:Uion of omificate5. 10.04 11lE PESTICIDES REGULATIONS, 1996 ( b) ievoke a licence issued pursuant to regulation I 4 where the . licensee (i) makes any false or misleading statements during or after an inspection by an inspector; (ii) fails to conform to guidelines issued by the Authority with respect to a pesticide or categories of pesticides for which the certificate is granted. • Rcvoaition of certificate 111lcr · (2) Before taking action under paragraph (I), the Authority shall give notice in writing of the proposed action to the holder of the certificate or the licensee, as the case may require ' (a) giving the reasons therefor; (b) indicating a period within which the holder may make written or oial representations on the proposed action. lSB.-(1) The Authority may, revoke any certificate suspended under regulation 15G (I) (a) and shall give notice of such revocation to the holder thereof. (2) The revocation of a certificate shall take effect upon service of the notice referred to in paragraph (2). (3) A person to whom a notice is given pursuant to paragraph (2) shall immediately surrender the certificate to the Authority. 15L An applicant for a· renewal of a certificate shall prove to the Authority that he has attended a minimum number of training sessions approved by the Authority for that pwpose. General :~:;,m 16.-(1) The registers which the Registrar shall keep pursuant to section . 11 of the Act shall contain the matters specified in paragraph (2) in relation to each such register. [The inclusion of this page is authorized by LN. 112006] • • THE PESTICIDES REGULATTONS, I 996 (2) The mailers referred to in paragraph (1) are as follows ( a) in the case of the Register of Pcsticides (i) the trade name of 1he pesticide; (ii) the physical form of the pesticide; (iii) 1he type of pesticide; (iv) the date of registration of the pesticide; (v) the registration number of the pesticide; (vi) the names and concentrations of active and inert ingre dients in the pesticide; (vii) the name of the manufacturer of the pesticide; (viii) the counlry of origin of the pesticide; (ix) restrictions on the use of the pesticide, if any; (x) the date of re-registration of the pesticide; (xi) the name of the person registering the pesticide; (xii) the names of pesticides, the use of which arc prohibited; (xiii) the dale of suspension or revocation of registration (xiv) the fee paid; (b) in the f8SC of the Register of Licences~ (i) the date of application for a licence to import or manufacture a pesticide; (ii) the name and address of the person applying for a licence to import or manufacture a pesticide; (iii) the trade name of the peslicide; (iv) the quantity of the pesticide to be imported or manufactured; (v) in the case of importation of a pesticide the value thereof, that is to say, the total of the cost, insurance and freight; (vi) the fee paid; (vii) the date on which a licence to import or manufacture is issued; (viii) the number of the licence; (ix) the date of renewal of the licence; (x) the date of suspension or revocation of a licence; (The inclusion of this page is authorized by L.N. 112006] 11 12 WE PESTICIDES REGULA770NS, 1996 (vii) the date on which a licence to import or manufacture is issued; (viii) the number of the licence; (ix) the date of renewal of the licence; (x) the date of suspension or revocation of a litence; (c) in the case of the Register of Authorized Persons and Registered 1 Premises- • (i) the name of the authorized person; (ii) the address of the authorized person; (iii) the date of applicatipn for a licence to sell re stricted pesticides; · (iv) the date of issue of the lice.nee; (v) the number of the licence; (vi) the date of renewal of the licence; (vii) the date of suspension or revocation of the licence; (viii) the address of the registered premises; (ix) the date of inspection of the registered premises and the names of the restricted pesticides found on those premises; (x) the findings of an inspection; (d) in the case of the Register of Pest Control Operators (i) the name and address of the pest control operator; {ii) the date of application for a licence; (iii) the category in respect of which the licence is granted; (iv) the date of issue of a licence under paragraphs (3) (a) and (9) of regulation 14; (v) the number of the licence; (vi) the names of certified applicators; (vii) the date of application for a licence to operate as a pest control applicator or as a serviceman; (viii) the date of issue of the licence and the number thereof; [The inclusion Of Ibis page is authorized by L.N. 1/2006] • • 11fE PESTICIDES REGULATIONS, 1996 (ix) the type of licence; (x) the date of renewal of the licence; (xi) the fee paid for the licence; (xii) the date of suspension or revocation of the licence; (xiii) the date on which an inspection of premises on which pesticides are to be stored is carried out; (xiv) the findings of an inspection. (3) The Registrar shall keep such other records as the Authority considers necessary. ( 4) The Registrar shall, during working hours, make a copy of each register available for the inspection by the public. 16A.-{I) Every pest control operator shall keep a record of each pesticide imported or used by that operator. (2) Such a record shall be kept for a period of three years and shall include (a) the name of the pesticide; (b) the types of fonnulation used; and (c) the location where the pesticide was used. ""°"" of -tmportodor "'°'· 13 17.-{I) Every container in which a registered pesticide is packaged, ,..,,. ..... transported, stored, sold or otherwise distributed shall carry a label which complies with the requirements of the national labelling standards as specified by the Bureau of Standards. (2) Where any container in which a registered pesticide is packaged has accompanying instructions, the manufacturer or distributor of that pesticide shall ensure that those instructions confonn with the requirements of the national labelling standards. (3) The Authority may require that there be included in the label referred to in paragraph (I), such additional information as the Authority considers necessary in the interest of public safety. 18.-{l) Any person who is aggrieved by the perfonnance of the holder of a certificate or a licensee may make a complaint to the Authority or the Consumer Affairs Commission. (2) The complaint shall contain infonnation as to [The inclusion of this page is authorized by L.N. 1/2006] CompmnO ..... Autrority. 14 THE PESTICIDES REGULATIONS, 1996 Contmnm,tion Stop order. (a) the name and address of the holder of the licence or certificate; (b) the date, time a/id dnration of incidence; (c) the exact location of the area affected; (d) ' the weather conditions (wind, temperature and humidity); (e) . the symptoms of harm to people, plants and animals; (/) the type of pesticide used if known; (g)' ·details of any notification provided prior to the application of the ' pesticide; (h) the name and address of any other witness. (3) The Authority shall conduct investigations in relation to such a complauit and take such action as it considers appropriate in the circumstances, including (a) the suspension or revocation of a licence or certificate; or (b) ihe issue of a stop order pursuant to regulation 20. I 19.--{I) Any person transporting a pesticide that contaminates any commodity' intended for human or animal consumption shall (a) immediately isolate such commodity; (b) immediately inform the Registrar of such contamination; and ( c) carry out the instructions of the Registrar in relation to any remedial action. (2), Any person who contravenes paragraph (I) commits 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 term 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 scrviceman. 1as the case may be-, (a) uses the pesticide in a manner inconsistent with the manu facturer's instructions; or (b) is otherwise negligent in the use of such pesticide. ' [The inclusion of this page is authorized by LN. 1/2006) • • lliEPESTICIDESREGULATIONS, /996 14.01 (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 of the person to whom it is directed; (b) the basis on which the stop order is made; (c) that the stop order takes the effect from the time it is served; and ( d) the period for which the stop order is effective. ( 4) Where the stop order is served on any person referred to in paragraph (2), a copy thereof shall be posted in a conspicuous place on the premises of that person for a period of not less than fourteen days. 21. The Court may, if it appears that a public authority has incurred costs and expenses in connection with the prevention, control, abatement or mitigation of any pesticide pollution caused by the prevention, order the offender to pay to the public authority the costs and expenses so incurred, or compensation for the loss or damage suffered in such amount as the Court may specify. 22.--{l) Any person who operates as a pest control applicator or serviceman outside the category for which a certificate is granted commits an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding forty thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. (2) Any person who operates as a pest control operator without a valid licence, or a pest control applicator or serviceman without a valid certificate 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. (3) Any person 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 imprisonment. {The inclusion of this page is authorized by L.N. 1/2006] Powers of the Court. Offai.cesand -· 14.02 Oll"etttt:I matir11!tolhe misuse or pesticides. lnconsislalt useoflabd. Dnlwingof wala'ina pmigde 00!\lml0r, mE PESTICIDES REGULATIONS, 1996 (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 not exceeding t,venty thousand dollars or to imprisonment for a tenn not exceeding three months or to both such fine and imprisonment. (5) Any person who wilfully obstructs any inspector in the ~ourse of Iris duty commits an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding fifty thousand dollars or to imprisoriment for a tenn not exceeding six months or to both such fine and imprisonment. i" (6) Any licensee or person who holds a certificate or who falsifies any infonnation relating to the application of any pesticide commits an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding forty thousand dollars or to imprisonment for a term not exceeding five months or to both such fine and imprisonment. (7) = Any person who fails to keep records as required under regulation 16A commits an offence and shall be liable on summazy conviction before a Resident Magistrate to a fme not exceeding thirty thousand dollars or to imprisonment for a t~rm not exceeding four months or to both such ftne and imprisonment. 23. Any person who negligently uses any pesticide in any manner that endangers the life of any person, flora or fauna or causes harm to the environment commits an offence and shall be Hable on swmnary conviction before a Resident Magistrate to a fine not exceeding fifty thousand dollars or to imprisonment for a tenn not exceeding six months or to both such fine and imprisonment. 24. Any person who uses a pesticide in a manner inconsistent with the label commit's 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 mont11s or to both such fine and • • I 1mpnsonment. 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 swnmary 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. (The inclusion of Ibis page is authorized by LN. 1120011) • THE PEST!CfDES REGULATIONS. 1996 26. Any 'person who transports or causes or pennils a pesticide to be transported in a commercial or private vehicle together "ith 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 lo a fine not exceeding thirty thousand dollars or lo imprisonment for a term not exceeding four months or to both such fine and imprisonment . 27. Any person who fails to comply with a stop order issued under regulation 20 commits an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding fifty thousand dollars or in default of payment to imprisonment for a term not exceeding six months. 28.--(1) The Authority may amend the categories of certificates specified in the Second Schedule by a notice published in the Gazette. FIRST SCHEDULE FORM l (Regulations 3 ( 1 ), 4 (2), 7 (2). 8 {I), 9 (I) and (4), 13 (1), 14 (I) and (3), l5(1)and(2)) APPUCATJON FOR REGISTRATION OF A PESTICIDE PART A Name of Applicant Addre!is of Applicant Proprietary name of pesticide Common names of all active ingredients Common names of all.inert ingredients Percentage content of all active ingredients Percentage content of all inert ingredients Physical form of pesticide (The inclusion of this page is authorized by LN. lf2006J 14.03 Transportation of pesticide, Failure to comply with a stop order. Amendment of """'' Schedule. 14.04 THE PESTICIDES REGULATIONS. 1996 Fmsr SCHEDU1..E, contd. Packaging (containers and size) Proposed use of pesticide I. 2. SUPPLEMENTARY INFORMATION PART 8 Information on haz'ards to persons using or handling the pesticide. Details of first-aid and medical measures. (This should include antidotes which should be taken in cases of suspected poisoning by pesticides) 3. Details of the physical form, packaging and complete composition of the pesticide. 4. Inforination with respect to conditions attached to the sale, use and export in the couniry of origin and manufacture. 5. lnfonnati on 1,.."0nceming restrictions placed on use of the pesticide in the c<:iuntry of origin and other countries. 6. List of countries in which the pesticide was registered and any conditions required for its use. (The country of manufacture not to be included) 7. DetailS of residues present in the food and the environment following use of pesticide in accordance with recommendations described in number 12. [The inclusion of this page is authorized by L.N. 1/2006) I / • • THE PEST/C['J)ES REGULATIONS, 1996 FIRST SicHEDULE, contd. 8. Details on the deii'adation kinetics of the active ingredienits under tropical condmons. 9. Toxicity d1111t1a on the pesticide and its effect on domestic ammads, wild life, biros, fish and bees. (This should include details of haxords .involv,ed and epi'demiological data) 10. Dai1la on the efficacy of the pesticide under field trials. ti. Data on phototo,dty 12. Detailed methods of 1a111alysis for specification on the pesticide as set out in "The FlAO Specifications for Plant P,rotection Products" approved by either tlhe Council or die AssocilaJtion of Officlail Analytical Ohemists for the Pesticide. 13. 1Shelf life of the product and storage instructi'ons under tropical conditions. 14. Recommended w1iithdrawal time for consumption for each crop or com modity in the case of man or animal. (Documents and samples to be produced) 15. Oopy or dmlft of the lalbel and accompanying instructions proposed for use of the pesticide in respect of different amounts or size in packing. 16. Give any other relevanlt ind'onniaition in addition to that gdven on the fuoe of (a) the lalbel or any accompaniying instruotions or precautions; (b) equipment, clotlbing or facilitiies recommended to prevenlt hiaZlM'ds 1n persons using or handling the pesticide. [The inclusion of this page is authorized by L.N. 73/ 1999) 15 16 THE PESTICiiDES REGULATIONS, 1996 FIRST SCHEDULE, contd. 17. For impovted ptodudls seeking registx,aition, a dwy authenflicared certifie1a1te of regis,tration, or letter from the grantor of the licence of the pesticide in its country of origin. l8. Copies of labels and accompanying instrllciliions a~pro¥ed in the country of origin of the pesticides. 19. Fi¥e &am1Ples of each packing of the product in the form in which the produot is to be sold. Signature of Applicant Date FOR OFFICIAL USE ONLY TO BE COMPLETED BY THE iREGISTRAR Date registered or refused by the Aut!hnrity Registration number Reason for refusal -----· Signature of Registrar Dat, FORM 2 CERTIFICATE OF REGIS11JUTION OF A PESTICIDE Registraltion number Tm s is to ceritify that the pesticide (proprietary designation) containing (active Ingredients and percentages) in the physical form of pa ck ed as has been duly registered as a pesticide under the Pesticides Act sulbject to the following terms and conditaons: This Certificate is issued to of Chairman, Pesticides Control Authority Date [The inclusion of this page is authorized by L.N. 73/ 1999] THE PESTICIJJES REGULATIONS9 1996 FlRSl' Scnm>ULE, contd. FORM 3 APPUCATION FOR RE-REGISTRATION OF PESTICIDE I. Proprietary name of pesticide -' 2. Registration number 3. Physical form 4. Packlagings ------:--:-----=----=------=----, (size and type of containers) 5. Fulll name itnd address of manufacturer 6. Name and address of applicanit ------------' 7. Details of uses of the pesticide Signature of Applicant Date FOR OFFICIAL USE ONLY TO BE COMPLETED.BY THE REGISTRAR 1. Date registered or refused by Authority 2. Re-registration oomber 3. Reason for refusal ~ ., Signature of Registrar Date [1be inclusion of thil pa11e b authorized by L.N. 73/ 19991 " 17 18 THE PESTICIDES REGULATIONS, 1996 FIRS'J' ScHBoULE, contd. FORM 4 APPLICATION FOR LICENCE TO IMPORT A. REGISTERED PESTICIDE 1. Importer's namo -'---'--' 2. Importer's address 3. Product name of pesticide and formulation 4. Quantity and package size 5. Mianufaoturer's D!ame and address .6. Supplier's name and address 7. Address of premises where pesticide is to be stored 8. Purpose of importation Signature of Applicant Date · FOR OFFICIAL USE ONLY 1. Date appli'cation accepted or refused 2. Licence Number 3. Reason for refusal -----------~--------' Signature of Registrar Date {The inclusion of this page is authorized by L.N. 73/ 1999] THE PESTICIDES REGULATIONS, 1996 Fmsr &:Hl!DULE, contd. FORMS APPLICATION FOR UCENCE TO MANUF,ACTURE PESTICIDE 1. Niame of Manufacturer 2. Address of Manufacturer 3. Address of premisea where pesticide is to be manufactured 4. Trade name of petticide .. S. Common name and pen:enita:ge of aollive ingredients ·-· 6. Common name and percenilage of inent ingredients 7. Package size(s) to be marketed Note: Thi& application Lr to be accompanied by three sample labeu of the product. Signature of Applicant Dat• FOR OFFICI,AL USE ONLY 1. Anaiyt.ical report 2. Date licence gr,mted and numbe~---· 3. Daite refused and reasons therefor Signa~ure of Registrar [The inclusion of this page is authorized by L,N, 73/ 1999) THE PESTIClrDES REGULATIONS, 1996 FIRST SamouLE; contd. FoRM 6 LICENCE TO MANUFACTURE A PESTICIDE NO. This is to certify that of in the parish of is hereby licensed io manufacture a pesticide, the trade name of which is Dated this day of , 19 Chairman, Pesticides Control Authority TERMS OF LICENCE This licence is granted subject to rhe relevant provisions of the Pesticides Regu la,tions, 1996. !FORM 7 APPLICATION FOR LICENCE TO SELL RESTRICTED PESTICIDE I/. Applicant's name 2. Applicant's address 3. Name of premises where pesticide is to be sold 4. Address of premises where pesticide is to be sold-----~~ 5. Measures to be taken to meet safety standards in the storing and handling of restricted pesticides· Signature of Applicant Date [The inclusion of this page is authorized by L.N. 73/ 1999) THE PESTICIDES REGULATIONS, .1990 F!RSJ' SomoULE, contd. FOR OFFICIAL ,USE ONLY I. Date aipplication granted or refused 2. Licence nUttnber 3. Reason for refusal Signature of Registrar FORM 8 LICENCE TO SELL RESTRICTED PESTICIDE NO. This is to certify that ~ ~ the parish of is hereby licensed to sell restricted pesticides at the registered premises. Dated this day of 19 Chairman, Pesticides Control Authority TERMS OF LICENCE This licence is granted subject to the relevant provisions in the Pesticides Regu lations, 1996. FORM 9 APPLICATION FOR A LICENCE TO OPERATE AS A PEST CONTROL OPER4TOR Aipplica/tion No. 1. Name of Applicant ..: 2. Address of Aipplicant [The inclusion of this pal!e is authorized by L.N, 73/ 1999) 21 22 THE PESTICIDES REGULATIONS, 1996 Fms:r SamDULP,, contd. 3, Date of birth 4. Telephone: Business Home S. Business Name 6. Business Address 7. Address where pesticides &tored 8. Category of Licence: A ( ) B ( ) C ( ) D ( ) E ( ) 9. Licence IJIMus: Renewal ( ) New applicanit ( ) 10. Hiaive you been granted a licence under the Food Storage and Prevention of Infestatio•n Aot? Yes ( ) No ( ) 1 1. If the answer to number 10 is yes, st81te the tyipe of licence Signature of Applicant FOR OFFICIAL USB ONLY t. DaJte application accepted or refused 2. licence Number -------------~ 3. Reason for refusal Signature of Registrar LICENCE FOR PEST CONTROL OPERATOR NO. This is 1lo certify that of in the parish of [The inclusion of this page ls authorized by L.N. 73/ 1999) • • THE PESTICIDES REGULATIONS, I 996 Fm.sT SCHEDULE, contd. is hereby licensed as a pest control operator in the category of LICENCE This licence relates to premises situated at which are approved for the storing of pesticides by the abovenamed operator . Datedthis day of ~ 19 Chairman, Pesticides Control Authority TERMS OF i.JCENCE This licence is granted subject to the provisions of the Pesticides Regulations, 1996. FORM 11 APPLICATION FVR CERTIFICATE FVR PEST CONTROL APPLICATOR OR SERVICEMAN Application No. 1. Name of Applicant 2. Address of Applicant 3. Telephone. 4. Date of birth. 5. Name and address of employer (if applicable) •6. Category of certificate: A ( ) B ( ) C ( ) D ( ) 7. Certificate status: Renewal ( ) New applicant ( ) •s. Have you been granted a licence under the Food Storage and Prevention of Infestation Act? Yes ( ) No ( ) 9. If the answer to 8 is yes, state type •Numbers 6 and 8 are to be answered by a Pest Control Applicator Signature of Applicant Date [The inclusion of this page is authorized by L.N. 1/20061 23 24 THE PESTICIDES REGULATIONS, 1996 FIRST SCHEDULE, contd. FOR OFFICIAL USE ONLY 1. Date of application I 2. Number of certificate Signature of Registrar Date • FORM12 CERTIFICATE FOR PEST CONTROL APPLICATOR Certificate No. This is to certi.fy that of is competent it\ the safe and effective use of Chairman, Pesticides Control Authority Date FORM\3 This is to certify that is hereby authorized to assist in disinfestations activities. Chairman, Pesticides Control Authority Date FORM 14 APPLICATION FOR A CERTIFICATE TO OPERATE ASA PRIVATE APPLICATOR Application No, • 1. Name of Applicant 2. Address of Applicant~ 3. Date of birth. 4. Telephohe: Business Home-- (The inclusion of this page is authorized by LN. 112006) • • THE PESTICIDES REGULATIONS, 1996 F(RST SCHEDULE, contd. 5. Name and address of employer 6. Address where pesticides arc stored 7. Address where pesticides arc 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 Signature of Registrar Date FORM 15 CERTIFICATE FOR PRIVATE APPL/CA TOR This is to certify that is hereby authorized to use restricted pesticides and supervise the use of such pesticides at Chairman, Pesticides Control Authority FORM 16 THE PESTICIDES REGULATIONS, 1996 STOP ORDER issued under regulation 20 TO: (name of person) (registered office) WHEREAS it appears to the Authority that you are (delete as not appropriate) (a) negligent in your use ofa restricted pesticide; [The inclusion of this page is authorized by L.N. 1/2006] Date 25 26 IBE PESTICIDES REGULATIONS. 1996 FIRST SCHEDULE, contd. (b) using a restricted pesticide in a manner inconsistent with the m 3:nufacturer's instructions, namely: (Description of activity) in breach of'.the Pesticides Act. THE PESTICIDES CONTROL AUTHORJTY hereby orders that, upon the effective date ofthis Stop Order,. you immediately cease the activity specified herein. Failure to cease the activity shall render 7ou liable to prosecution without further notice to you. This Stop Order shall be valid for a period of fourteen days from the date of issue. Dated this day of 20 SEAL (Signature of Registrar of Pesticides or authorized inspector) SECOND SCHEDULE (Regulation 14 (2)) Categor(es of Licences for Pest Control Operations Licence A:. for fumigation, spraying, misting. fogging. dusting and r?'1ent baiting Licence B:: for fumigation Licence C:: for spraying, misting and fo~g Ucentt D: for rodent baiting Licence E: for pest control operator involving the aerial application of pesticides Categories of Certificates for Pest Control Operations CertUlcate A: for fumigation, spraying, misting, fogging, dusting and rodent baiting. Certfflcate B: for fumigation ... Certificate C: for spraying, misting and fogging ... Cerffllcate D,: for rodent baiting (The inclusion of this page is authorized by LN. 1/2006) Fees s 7,500.00 4,000.00 3,000.00 i,000.00 5,000.00 Fees $ 4,000.00 3,000.00 1,000.00 600.00 • • • THE PESTICIDES REGULATIONS, 1996 SECOND SCHEDULE, contd. Categories of Certificates for Pest Control Operations Certificate for Serviceman Assbting: certificate for serviceman assisting in the carrying out of the pest control operation Certificate A Certificate B Certificate C Certificate D Certificate E Certificate F Ccr'iificate 0 Certificate H Certificate 1 Categories of Certificates for Pest Control Applicators and Servicemen Stored Food Pest Control Structural Fumigation and Wood Destroying Organism Ornamental and Turf Pest Control General Household Animal Pest Control Aquatic Pest Control Public He.alth Pest Control Fann and Servicemen Aerial Spraying. [The inclusion of this page is authorized by L.N. 1/2006} Fees s 500.00 27