Pesticides (Importation) Regulations, 1987 (L.N. No. 226 of 1987)

666 Citation Interpre tation Freight containers LegalS'UJ!Plement Part .B--Vol. 26, No. 3.2O---8thDecember, 1987 LEGAL NOTICE No. 226 REPUBLIC OF 'IRImDAD AND TOBAGO THE PEsTICIDES AND ToXIC CHEMICALS Acr, 1979 REGULATIONS MADE BY THE MINISTER UNDER SECTION 12 OF THE PESTICIDES AND TOXIC CHEMICALS Am: THE PESTICIDES (IMPORTATION) REGULATIONS, 1987 1. These Regulations may be cited as the Pesticides (Importation) Regulations, 1987. 2. In these Regulations "dry bulk container" means a freight container for the carriage of,solids in bulk witJ:1Qut packaging; "frei~ht container" includes a tank container but does not Include a vehicle; "hazard class" means the class assigned to a pesticide fotmulation by the Trinidad and Tobago Bureau of Standards or by the Pesticides and Toxic Chemicals Control Board after consultation with the said Bureau; "package" means an article in which a pesticide is placed for storage, transport, or sale by wholesale or retail and includes a bag, barrel, bottle, box, can, case, carton, crate, cylinder, drum, flagon, flask, jerrican, net, pail, sack, or tank and packaging has the corresponding meaning; "placard" means a label bearing a warning mark that is not less than 250 millimetres long and 250 millimetres wide; "shipping carton" means a package in which several retail packages containing pesticides are placed, and used for storage, transport, or display in retail trade; "warning mark" means a mark or symbol placed on a dry bulk container, package or carton to indicate that the contents are hazardous or need special precautions in handling. 3. (1) A person who imports pesticides into Trinidad and Tobago by a !reig~t container shall do so only by mean~ of a freight container that IS designed, constru.eted, tested, and used In accordance with (a) International Standards; (b) rules of the International Maritime Organisation; (c) rules of the International Civil Aviation Organisation; (d) regulations or standards of the country of origin; or ee) relevant standards of the Trinidad and Tobago Bureau of Standards. Pesticides (Importation) Regulations, 1987 667 (2) The importer of a pesticide under this regulation shall as soon ashe .knows that the pesticide is ready for removal from the freight container give due notice to the Inspector, who shall as soon as possible thereafter examine the said container to determine whether it is contaminated. (3) Where a fr,eightcontainer is found to be contaminated with a pesticide it shall be cleaned and decontaminated by the agent or importer to the satisfaction of the inspector who upon being satisfied that the container has been decontaminated shall issue to the importer or his agent a certificate of decontamination in the manner detailed in the Schedule. Schedule (4) A person who does not comply with the requirements of subregulation (1) shall not be allowed to remove the pesticide from the container. 4. (1) Shipments of yesticides imported into or. exported from Documents Trinidad and Tobago shal . be accompanied by documents printed in necessary the English Language clearly stating (a) the common name of the active ingredient ofthe pesticide; (b) the percentage of the active ingredient; (e) the hazard class' of the pesticide fonnulation; (d) any other hazard associated with the cargo; and (e) remedial action to be taken in. case of emergency. (2) The documents .referred to insubregulation (1) shall be delivered by the importer tothe Port Authority or Airports Authority through which the cargo or shipment of pesticide passes at least forty eight hours before its arrival or export, so that the' relevant Authority may ensure that.·safe and appropriate. methods of handling, transport and storage are being used. 5. (1) Every freight oontainer used for the transportation or Warning storage of a pesticide shall be clearly marked with the warning marks marks in accordance with subregulation (2) and including marks indicating whether the pesticide is a toxic hazard. (2i) The warning marks used shall be in accordance with (a) recommendations on the Transport of dangerous goods published by the United Nations; (b) rules of the International Maritime Organisation for shipments by sea; (e) rules of the International Civil Aviation Organisation for shipments by air; (d) Appendix B of the Trinidad and Tobago Standard TTS2110500 Part 8; or (e) regulati.ons or standards in f?reign countries recognised as eqwvalent to or more stringent than the above, and shall comply with such other written laws relating to transporta tion of dangerous materials. 668 Pesticides, (Importation) RegulationS', 1987 CODst:ruC- 6. Packages which are used. for the import, export, transport, ::~es storage or sale of pesticides shall be designed, constructed, tested and used in accordance with---, (a) recommendations on the Transport of Dangerous Goods published by the United Nations; or (b) International Standards; or (e) rules of the International Maritime Organisation; or (d) rules of the International Civil Aviation Organisation; or (e) Trinidad and Tobago Standards; or (f) regulations or standards in foreign countries recognised as equivalent to or more 'stringent than the above. LabeWn. and markin, of packages 7. (1) Packages other than shipping cartons and retail packages which contain a pesticide shall be labelled with (a) the common name in English of the active ingredient of the pesticide; (b) the percentage of tlhe active ingredient in the pesticide; (e) the appropriate warning marks in accordance with regulation 5(2); (d) a statement that the package should not be stored or transported in close proximity to food, feeds, or any sub stance intended for consumption by humans or animals. (2) Shipping cartons and retail packages containing prepackaged pesticides for retail sale shall be labelled with (a) the common name in English of the active ingredient of the pesticide; (b) tlie percentage of the active ingredient in the pesticide; (e) the hazard class of the pesticide or of the pesticide formulation; (d) the appropriate warning marks in accordance with regulation 5(2); (e) a statement that the carton should"not be stored or trans ported in close proximity to food, feeds of any substance intended for consumption by humans or animals; and (f) instructions for proper storage. Pesticides (Importation) Regulations, 1987 SCHEDULE [Regulation 3(4)] FORM OF CEltTIFlCA.TE OF DECONTAMINATION OF FRElGHT CONTAINER I certify that, after inspection on (date) the freight container bearing the identification marks: (owner code) , . (serial number) . (country code) , . (other marks) . which had been contaminated has been decontaminated to my satisfaction. (Signature) Inspected under the Pesticides and Toxic Chemicals Act. Dated this 6th day of November, 1987. E. HOSEIN Minister of Health, Welfare and Status of Women Laid before the House of Representatives this 20th day of November, 1987. J. E. CARTER Clerk of the House Laid before the Senate this 24th day of November, 1987. N. COX Acting Clerk of the Senate 669