Safety at Work (Pesticide) Regulations

2252 Standard of training CAP. 74] SAFETY AT WORK have some basic knowledge of first-aid administration or where more than fifty persons are at work in that w~rk~ place, that the person or persons in that workplace in whose cm:e and c?ntro~ the first-aid kit is placed is or are fully tramed m fIrst-aid admimstration. . 4. The Minister may by notice prescribe the standard of train mg reqUired for the purposes of first-aid administration in work places. SCHEDULE Item Finger Dressings Medium Size dressings Large dressings Adhesive dressings (assorted sizes) Triangular bandages Adhesive plaster roll PART! Cotton wool (J1 oz or equivalent) packets Eye ointment Eye pads Safety pins Scissors PART II Item Finger dressings Medium size dressings Large dressings Adhesive dressings (assorted sizes) Triangular bandages Adhesive plaster roll Cotton wool (J1: oz or equiValent) packets Eye ointment Eye pads Safety pins Scissors Amount 6 3 3 20 2 3 1 2 10 Amount 20 10 10 30 5 4 10 4 5 30 SAFETY AT WORK [CAP. 74 THE SAFETY AT WORK (PESTICIDE) REGULATIONS (Section 28) [1st January 1983] 2253 LN6011982 LN 83f1984 1. These Regulations may be cited as the Safety At Work Citation (Pesticide) Regulations. 2.~(1) In these Regulations ~ inte'P,etation "active ingredient" means any substance which gives a formulated product its pesticidal properties; "adjuvant" means (a) any substance intended to be used as an aid to the application or the effect of a pesticide; and (b) includes stickers, spreaders and wetting or emulsifying agents and synergists; "Committee" means the Committee established under regulation 3; "formulated product" means any product sold, supplied, imported for use or used for destroying or repelling any pest, preventing its growth or mitigating its effect or as a plant regulator, defoliant or desiccant or adjuvant; "ingredient" means any material used in making a formulated product; "ISO" means the International Organisation for Standardisation; "manufacturer" means the person who made the active ingredient or formulated product; "Minister" means the Minister responsible for agriculture; "pest" means any variety of animal or plant life which is by nature troublesome or destructive; "pesticide" means (a) any formulated product intended for use or used against a pest; and (b) includes active ingredient and adjuvant; "Register" means the Register of Pesticides kept under these Regulations; "register" means to include a pesticide in the Register and to assign to it a registration number; "Registrar" means the public officer designated by the Minister to perform the functions of Registrar under these Regulations; "sell" includes to give gratuitously. , ! I 2254 Establishment of the Pesticides Registration Advisory Committee Register of Pesticides CAP. 74] SAFETY AT WORK (2) Th~se Regulations are in addition to and not in derogation of the POisons (Agncultural and Silvicultural use of Arsenical Poisons) Rules. 3 .. -(1) There is hereby established a Pesticides Registration AdvISOry Committee consisting of ('!) the Senior Government officer responsible for Agnculture, who shall be the Chainnan' , (b) the Registrar, who shall be the Secretary; (c) (i)a representative of the Government Pharmacist. , (ii) a Government officer concerned with industrial safety; (iii) a Gov~rnment scientist concerned with plant protectIon; (iv) public officers concerned with public health and environmental protection; and (v) not more than 3 other public officers; appointed by the Minister. (2) The Committee shall (a) consider, and make recommendations to the Registrar on the advisability of registering any pesticide in respect of which an application for registration has been received; (b) state, where it thinks necessary, the conditions of use for any pesticide in Solomon Islands; and (c) make recommendations to the Registrar on the advisability of cancelling the registration of any pesticide. (3) In considering the relative hazards of pesticides the CommIttee shall use the method of classification of pesticides by hazards set out in the First Schedule. (4) The Committee shall meet as and when required by the Chainnan but in no case less often than once a year. . (5) Subject to these Regulations the Committee may regulate Its own procedure as it thinks fit. 4.-(1) The Registrar shall keep a Register of Pesticides in whIch he shall enter, in respect of every pesticide registered under these Regulations (a) the proposed trade name of the pesticide; SAFETY AT WORK [CAP. 74 (b) the ISO approved name of the pesticide's active ingredients; (c) the nature of the fonnulated product; (d) the concentration of the active ingredients in the pesticide; (e) the registration date and number of the pesticide; and (fJ the name and address of the person in whose name the pesticide is registered. (2) The Registrar shall appropriately annotate the Register where the registration of a pesticide expires, or is renewed or cancelled. 5.-(1) Any person who wishes to import a pesticide into, or to sell, or supply, or use it in Solomon Islands shall apply to the Registrar for registration of the pesticide in the fonn specified in the Second Schedule. (2) Each application shall be accompanied by the following infonnation (a) the ISO approved common name of the active ingredient of the pesticide or, where no ISO name is available, the manufacturer's code number; (b) the structural and empirical fonnula of the pesticides; (c) the melting point and decomposition or boiling point of the pesticide; (d) the vapour pressure of the pesticide; (e) the pesticide's water solubility; (fJ analytical methods for the active ingredients in the fonnulated products and for the determination of its residues; (g) the storage stability, density, flammability and pH of the pesticide; (h) adequate toxicological data concerning the active ingredient of the pesticide or proof that the formulation has current registration for use in Australia, New Zealand, Hawaii, the United Kingdom, Japan or Fiji; and (i) such other infonnation as the Registrar or Committee may require. 6.-(1) The Registrar may make a provisional registration of a pesticide for experimental purposes 2255 Registration of pesticides Provisional registration of pesticides ,i , , ii, I 2256 Fee for registration LN 83 of 1984 Disposal of applications for registration Details of registered pesticide to be published Duration of registration CAP. 74] SAFETY AT WORK (a) for a period not exceeding 6 months; and (b) under conditions, which he shall stipulate. (2) Any person wh? applies for the provisional registration of a peslicide shall provIde the Registrar with such information on the pesticide as the Registrar may request. 7. An application under regulations 5 or 6 shall be accompa nied by a fee of $40. 8.-(1) On receipt of an application for registration of a pesticide, the Registrar shall (a) refer the matter to the Committee; and (b) on the advice of the Committee, give after receipt of all the information required under regulations 5 or 6 (i) register the pesticide with or without conditions· , or (ii) refuse to register the pesticide. (2) Where the Registrar registers the pesticide he shall give the apphcant wntten nollce of the registration number and date of registration of the pesticide and of any conditions to which the registration is subject. (3) Where the Registrar refuses to register a pesticide he shall gIVe the apphcant written notice of the reasons for the refusal. (4) Subject to regulation 9, neither the Registrar nor the Committee shall disclose the information supplied for the regIstration of a pesticide to any other person. 9. The Registrar shall, as soon as practicable after registration cause (a) the trade name; (b) the chemical identity of the active ingredients; (e) the name of the manufacturer; (d) the person in whose name the pesticide is registered; (e) the registration number, of any pesticide registered under these Regulations to be published in the Gazette. 10.-(1) The registration of a pesticide shall expire (a) 5 years from the date of registration; or SAFETY AT WORK [CAP. 74 (b) in the case of provisional registration, in terms of regulation 6; or (e) when there is a change in the formulation of the whichever is the earlier. (2) Where any person wishes that a registered pesticide should continue on the Register after the expiry of 5 years of registra tion, he may apply for neW registration of the pesticide at any time after the fourth year of the current registration of the pesticide. 11.-(1) The Registrar may, on the advice of the Committee, cancel the registration or provisional registration of a pesticide. (2) Written notice of any cancellation shall be (a) served on the person in whose name the pesticide is registered; and (b) subject to paragraph (3), be published in the Gazette not less than 6 months before the date of cancellation. (3) Where in the opinion of the Committee special circum stances exist, the Registrar may cancel the registration of a pesticide immediately or with less than 6 months notice. 12.-(1) Where (a) registration is refused under regulation 8; or (b) notice of cancellation is given under regulation 11, the applicant for registration or the person in whose name the pesticide is registered may lodge an objection with .the Committee within one month of the refusal or serVIce of nolice. (2) Where the Committee receives an objection under para graph (1) it may (a) uphold or reject the objection; or (b) in the case of cancellation, vary the date on which the registration will be cancelled. 13.-(1) Subject to paragraphs (2) and (3), every container of a pesticide imported, used, sold or supplied shall bear a securely fixed label on which shall be stated in English in a legible and indelible form (a) the trade name of the pesticide; (b) the net weight or volume of the pesticide in the container; 2257 Cancellation of registration Container of pesticide to be labelled and marked etc ' .. ~ ill',·. I, I I! 1,1 " Ii Ii ( 'I I I " .1 ·1, ~ I 'I ' ',' I 2258 Importation, sale or use of pesticides CAP. 74] SAFETY AT WORK (e) the ISO approved name of the active ingredient or acid equivalent of the pesticide; (d) the percentage concentration of the active ingredient or acid equivalent of the pesticide; (e) directions for the use of the pesticide including the use for which the pesticide is recommended; IJJ the type of formulation of the pesticide; (g) cautionary words and symbols approved by the Registrar relating to the relative hazard of the formulation; (h) a cautionary statement approved by the Registrar in respect of the safe use and storage of the pesticide including, where appropriate, directions as to the protective clothing to be used when handling the pesticide; (i) where applicable, the minimum time before harvest for the final application of the pesticide; 0) directions as to the steps to be taken in the case of accidental poisoning by the pesticide with details of the antidote and directions for use of the antidote; (k) the name and place of business of the manufacturer of the pesticide; and (I) the registration number of the pesticide. (2) Any information required on a label under this regulation may be added by an adhesive label after importation. (3) The Registrar may at any time require a change in the label on any container of pesticide offered for sale. (4) No person shall change the label approved for a pesticide without prior written approval of the Registrar. (5) In the case of a pesticide with provisional registration the Registrar may waive any requirement of this regulation. 14.-(1) No person shall import any pesticide unless it is registered under these Regulations. (2) Subject to paragraph (3), no person shall sell, supply or use any pesticide unless it is registered under and complies with these Regulations. (3) In the case of a pesticide in Solomon Islands at the date of the corning into force of these Regulations no person shall sell, supply or use the pesticide after one year of that date unless the pesticide is registered under and complies with these Regulations. SAFETY AT WORK [CAP. 74 15. No person shall import, sell or supply or use any pesticide that is not labelled as required by these Regulations. 16. Except with the prior written permission of the Registrar, no person shall sell or supply or use any pesticide other than in its original container and in accordance with any written instruc tions given by the Registrar. 17. No person shall (a) sell or supply or use a pesticide which has decomposed or has deteriorated so as to be inefective or dangerous, or which is packaged in containers which have deteriorated or have been damaged so as to be dangerous in storage or use; or (b) except under regulation 13 (2) detach, alter, deface or destroy, in whole or in part, any label on a pesticide con tainer. 18.-(1) Any person who contravenes or fails to comply with these regulations or any condition to which the registration of a pesticide was made subject or any change of label requirement under regulation 13 shall commit an offence and shall on conviction be liable to (a) have the registration of any pesticide registered in his name cancelled; (b) a fine of $750 or inprisonment for 9 months; or with both; (e) have any pesticide the subject of the offence seized and destroyed or treated by the Registrar. (2) On conviction of any person of an offence under regulation 17 the pesticides and containers involved shall be confiscated, and treated or destroyed by the Registrar. 2259 Unlabelled pesticides not to be imported or sold Sale, supply or use of pesticide other than in original container Prohibition of sale etc of damaged pesticides etc Offences 2260 " " " I ' " , i; , CAP. 74] * * ! SAFETY AT WORK SAFETY AT WORK SECOND SCHEDULE (Regulation 5) Form of Application for registration of a pesticide TO: Registrar of Pesticides Ministry of Home Affairs and National Development PO Box G13 HONIARA Solomon Islands [CAP. 74 IiWe ................................................................................................................... . (name) ............................................................ , ............................................................... . (address) apply for registration of the undernoted pesticide which I/We intend to import/use/sell or supply in Solomon Islands. (1) Proposed trade name of product ................................................................ . (2) Name and address of manufacturer of active ingredients ...................................................................................................................... (3) Name and address of manufacturer of formulated product if different from (2) above .................................................................................................... . (4) Type of pesticide (delete those not applicable) - insecticidel fungicide/nematicide/mulluscide/rodenticide/fumigant/herbicide state any other ........................................................................................................... . ...................................................................................................................... (5) Type of formulation (delete those not applicable)-emulsifiable concentrate/wettable power/aerosol/granule/dustlbaitl (state any other) ... ...................................................................................................................... ...................................................................................................................... (6) List of chemicals used in the fonnulated product including active ingredients and adjuvants, (give the percentage weight of volume, or acid equivalent of each as might be appropriate) ............................................. .. ...................................................................................................................... ...................................................................................................................... (7) The pesticide is designed for use against ................................................. .. ...................................................................................................................... (8) The recommended rates of application for the uses mentioned in (7) ....... ...................................................................................................................... '~ 'I', ,! 2261 2262 /i ll .1 1 • I I, •. 1 '(, ,I l.1 CAP. 74] SAFETY AT WORK (9) The safety i~terva1 between the last application and harvest (i.e. before human or ammal consumption) is .............................................................. ................................................................................................ .................... Also e~cIosed is the data required under regulation 5 of the Pesticide RegulatIOns 1982. I ce~D: that to the best of my knowledge all information given on this applIcatIOn and enclosed with it is correct. . Si~~~~~~~·~f·~;~i·i·~~~~····························· D~~~···········································'······ ...... . Si~~~~~~~·~f·R~~i~~~~····························· D~~~·················································· ...... . NATURE OF RESTRICTIONS OR REASONS FOR NON APPROVAL TO BE LISTED HERE SAFETY AT WORK THE SAFETY AT WORK (FEES FOR TESTS OR EXAMINATION) REGULATIONS (Section 35) [CAP. 74 1. These Regulations may be cited as the Safety at Work (Fees for Tests or Examination) Regulations. 2. The fees payable for a test or examination of a pressure system of a lifting machine or a lifting tackle conducted by a competent person under the provisions of section 17, or section 18 of the Act. as the case may be, shall comprise the following amounts, that is to say (a) an amount equal to the travelling and subsistence allowance admissible to that competent person under the rules or orders for the time being in force; (b) an amount of service charges calculated at the rate of $10 per hour or part thereof reasonably spent or to be spent in conducting the test or examination; and (c) such other amount of incidental charges, if any, as the Minister may, from time to time, by order. considers proper. 3. Where the competent person conducting a test or examina tion is a public officer, the fees shall be payable, before the test or examination is conducted by him, in the manner in which any money due to the Government is payable in accordance with the rules for the time being in force. 4. The Minister may, by order direct the exemption from, or the remission, in whole or in part, of any fees paid or payable to Government account under these Regulations, if the Minister is satisfied that (a) any such exemption, remission or refund is in the public interest; or (b) any fee paid was not leviable or has been overpaid. 2263 ill 50/1982 Citation Payment of fees for tests or examination conducted by competent persons Manner and time of payment of fees Power to grant examptions and refunds •