PESTICIDES CONTROL AND MANAGEMENT
ACT, 1996 (ACT 528)
ARRANGEMENT OF SECTIONS
PART I—REGISTRATION OF PESTICIDES
Sections
1. Requirement for registration of
pesticides
2. Exceptions to section 1
3. Application for registration of
pesticides
4. Classification of pesticides
5. Pesticides for general use
6. Restricted and suspended
pesticides
7. Matters to be considered in
registration and classification of
pesticides
8. Approval
9. Provisional clearance
10. Duration and renewal of
provisional clearances
11. Refusal to register pesticide
12. Duration of registration and
renewal of registration
13. Non-disclosure of information
14. Power of Agency to amend, ban
or suspend pesticides
15. Register of pesticides
16. Gazette publication.
PART II—LICENSING OF PESTICIDES
DEALERS
17. Requirement for licence to
deal in pesticides
18. Exemptions
19. Application for dealers
licence
20. Issue of dealer's licence
21. Safeguards for use of
pesticides
22. Suspension, cancellation of
licence
23. Appeal
24. General regulatory power
25. Conformity to registered
pesticides
26. Advertising of registered
pesticides
27. Containers and packaging of
pesticides
28. Records and reporting
29. Exercise of function by the
Board
30. Pesticides Technical
Committee, its composition and
functions.
PART III—ENFORCEMENT AND PENALTIES
31. Power of inspector
32. Analysis and certificate
33. Obstruction of inspectors
34. Other offences and penalties
35. Sale of pesticides
36. Offences by body of persons
37. Forfeiture.
PART IV—GENERAL PROVISIONS
38. Customs officer
39. Power to make regulations
40. Fees
41. Interpretation.
42. Transitional provision
THE FIVE HUNDRED AND
TWENTY-EIGHTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE PESTICIDES CONTROL AND
MANAGEMENT ACT, 1996
AN ACT to provide for the control,
management and regulation of
pesticides in Ghana and to provide
for related matters.
DATE OF ASSENT: 23rd December,
1996
BE IT ENACTED by Parliament as
follows—
PART I—REGISTRATION OF PESTICIDES
Section 1—Requirement for
Registration of Pesticides.
No person shall import, export,
manufacture, distribute,
advertise, sell or use any
pesticide in Ghana unless the
pesticide has been registered by
the Environmental Protection
Agency in accordance with this
Act.
Section 2—Exceptions to Section 1.
(1) Notwithstanding section 1 of
this Act, the Agency may authorise
the importation of unregistered
pesticide—
(a) if the pesticide is—
(i)
imported for experimental or
research purposes and not for
distribution; or
(ii) imported in the event of
national emergency; or
(iii) in direct transit through
Ghana and the Agency is satisfied
that the pesticide is permitted to
enter the country of destination;
or
(b) if the Minister by
legislative instrument so
prescribes.
(2) The Agency may authorise the
manufacture of unregistered
pesticide for export if the
pesticide is—
(a) manufactured in accordance
with specifications provided by
the importer; and
(b) the specifications satisfy the
requirements applicable for the
purpose in the country to which it
is to be exported.
Section 3—Application for
Registration of Pesticides.
A
person seeking to register any
pesticide shall submit to the
Agency an application for
registration which shall be in
such form and be accompanied with
such fee, information, samples and
such other material as the Agency
may determine.
Section 4—Classification of
Pesticides.
(1) In registering a pesticide,
the Agency shall classify it as
being—
(a) for general use;
(b) for restricted use;
(c) suspended; or
(d) a banned pesticide.
(2) Pesticides classified under
subsection (1) as restricted,
suspended or banned shall be
subject to the Prior Informed
Consent Procedure defined in
section 41 of this Act.
Section 5—Pesticides for General
Use.
The Agency may classify a
pesticide for general use if,
having regard to the provisions in
section 7 of this Act, it
considers that the pesticide when
applied for the use for which it
is registered will not have an
unreasonable adverse effect on the
environment.
Section 6—Restricted and Suspended
Pesticides.
The Agency shall classify a
pesticide as restricted or
suspended if it considers that its
use in accordance with widespread
commonly recognised practice in
the absence of additional
regulatory restrictions may cause
unreasonable adverse effect on
people, animals, crops or on the
environment.
Section 7—Matters to be Considered
in Registration and Classification
of Pesticides.
In determining whether or not to
approve the registration of a
pesticide and what classification
to give a registered pesticide,
the Agency shall consider relevant
matters including—
(a) the characteristics of the
pesticide formulation, such as the
acute dermal, oral or inhalation
toxicity;
(b) the persistence, mobility and
susceptibility to biological
concentration of the pesticide;
(c) the experience gained from the
use of the pesticide, such as the
likelihood of its misuse and any
good safety record which is
contrary to available laboratory
toxicological information;
(d) the relative hazards of its
patterns of use, such as granular
soil applications, ultra low
volume or dust aerial applications
or air blast sprayer applications;
(e) the extent of the intended
use; and
(f) the supporting data and other
technical information that the
Agency may request from the
applicant or from any public
institution.
Section 8—Approval.
The Agency may approve and
register a pesticide subject to
such other conditions as it may
determine and may only register a
pesticide if it is satisfied that
the pesticide is safe and
effective for the use for which it
is intended and that the pesticide
has been tested for efficacy and
safety under local conditions.
Section 9—Provisional Clearance.
(1) Where in respect of an
application for registration of a
pesticide, the Agency is satisfied
that—
(a) most information required for
its registration has been provided
to the Agency; and
(b) the pesticide does not present
a toxicological risk to people,
animals, crops or the environment,
it may clear the pesticide for use
without the registration, and this
clearance shall be known as
provisional clearance and shall be
temporary pending the registration
by the Agency of the pesticide.
(2) Provisional clearance shall be
given subject to such other
conditions as the Agency shall
determine.
(3) The Agency shall cancel the
provisional clearance if the
application for the registration
of the pesticide is refused.
Section 10—Duration and Renewal of
Provisional Clearance.
(1) A provisional clearance for
any pesticide shall be valid for
such period as the Agency may
determine but shall not exceed 1
year.
(2) The Agency may require—
(a) the submission of such
information; and
(b) the analysis of such samples
as appear to it to be necessary to
determine whether and under what
conditions the provisional
clearance shall be granted.
Section 11—Refusal to Register
Pesticide.
Where the Agency refuses to
register any pesticide it shall
inform the applicant in writing of
the refusal and the grounds for
the refusal within 14 days of the
decision.
Section 12—Duration of
Registration and Renewal of
Registration.
(1) A pesticide registration shall
remain valid for a period not
exceeding 3 years from the date of
registration.
(2) The Agency may, where it is
satisfied that a registered
pesticide remains safe and
effective for use in Ghana, renew
the registration for further
periods of 3 years at a time.
(3) The renewal of any pesticide
registration shall be subject to—
(a) submission of such
information, analysis or samples
as the Agency may require; and
(b) such other conditions as the
Agency shall determine.
Section 13—Non-Disclosure of
Confidential Information.
Information furnished by an
applicant in respect of
registration of a pesticide or its
renewal which is agreed to by the
Agency and the applicant as
confidential shall not be
disclosed by the Agency unless
authorised by law.
Section 14—Power of Agency to
Amend, Ban or Suspend Pesticides.
The Agency, if satisfied that a
registered pesticide under the
existing conditions of its
registration or provisional
clearance—
(a) is not effective; or
(b) may cause hazard to people,
animals, crops or the environment,
may by publication in the Gazette
amend the classification, suspend
or ban the pesticide or cancel the
registration or provisional
clearance at any time after the
registration or during the period
of provisional clearance.
Section 15—Register of Pesticides.
(1) There shall be kept by the
Agency a register to be known as
the Register of Pesticides in
which the Agency shall record the
names and particulars of
registered and provisionally
cleared pesticides.
(2) The contents of the Register
of Pesticides shall be reviewed
periodically by the Agency.
Section 16—Gazette Publication.
The Agency shall cause to be
published in the Gazette annually—
(a) registered pesticides and
their classification;
(b) provisionally cleared
pesticides;
(c) suspended or banned
pesticides; and
(d) amendments made to the
classification of pesticides.
PART II—LICENSING OF PESTICIDES
DEALERS
Section 17—Requirement for
Licence to Deal in Pesticides.
(1) No person shall import,
export, manufacture, distribute,
advertise or sell any pesticide
except in accordance with a
licence issued under this Act.
(2) Any licence issued under this
Act shall be subject to such
conditions as may be specified in
relation to it and to any other
conditions as the Agency may from
time to time prescribe for the
licence.
Section 18—Exemptions.
The Agency may by legislative
instrument exempt from the
requirement of a licence under
section 17 such pesticides as
shall be specified in the
instrument.
Section 19—Application for Dealers
Licence.
An application to import, export,
manufacture, distribute, advertise
or sell pesticides shall be made
to the Agency in a form determined
by the Agency and shall be
accompanied with such fee and
information as the Agency shall
determine.
Section 20—Issue of Dealer’s
Licence.
The Agency may issue a licence
authorising the applicant to
import, export, manufacture,
distribute, advertise or sell
pesticides if it has reasonable
grounds to believe that the
applicant will comply with the
conditions required under the
licence.
Section 21—Safeguards for Use of
Pesticides.
(1) No person shall use or require
an employee to use a pesticide in
any manner that is inconsistent
with the provisions of this Act or
regulations made under this Act.
(2) Any person concerned with the
use of a pesticide shall inform
any other person who uses a
pesticide of the dangers involved
in the misuse of pesticides.
(3) Where regulations under this
Act require that a pesticide be
applied by or under supervision of
a person authorised in that behalf
by the Agency, no person shall
apply that pesticide unless he is
so authorised or supervised.
(4) No person shall require or
permit an employee to handle or
use pesticides in the course of
his employment without providing
and requiring the employee to use
such protective facilities and
clothing as will permit safe
handling of the pesticide.
(5) Where protective facilities
and clothing are required as a
condition for a licence, every
employer whose employees use or
handle pesticides to which the
licence relates shall provide and
require the use of the facilities
and clothing.
(6) No person shall knowingly
harvest or offer for sale any
foodstuff on which pesticides have
been used except in compliance
with practices including the
interval between the application
of pesticides and harvest as may
be prescribed.
Section 22—Suspension,
Cancellation of Licence.
The Agency may suspend or cancel a
licence if—
(a) it has reasonable grounds to
believe that the licensee has
failed or refused to comply with
this Act, regulations made under
it or any other conditions for the
licence; or
(b) it considers that the action
appears necessary to prevent or
remove a hazard to people, crops,
animals or the environment.
Section 23—Appeal.
(1) A person aggrieved by any
suspension or cancellation of his
licence who desires to appeal
against it, shall appeal in the
first instance to the Minister.
(2) The Minister shall determine
the matter within a period of
thirty days after the receipt of
written notification of the
grievance.
(3) If the grievance is not
determined within the period by
the Minister or if the person is
dissatisfied with the decision of
the Minister he may appeal to the
High Court.
Section 24—General Regulatory
Power.
The Agency may restrict or
prohibit the use of a registered
pesticide in designated areas
during specified periods of time.
Section 25—Conformity to
Registered Pesticides.
(1) No person shall alter any
pesticide so as to change its
formulation, composition or usage
or alter it in any other manner.
(2) No person shall sell a
registered or provisionally
cleared pesticide or an
unregistered pesticide imported
under section 2 (1) (b) of this
Act if because of—
(a) fault in manufacture;
(b) deterioration;
(c) accident or any other cause;
the pesticide fails to meet the
conditions of the registration or
of the provisional clearance or
the conditions of the
authorisation.
Section 26—Advertising of
Registered Pesticides.
No person shall advertise any
registered or provisionally
cleared pesticide in a manner
which—
(a) is false;
(b) is misleading or inconsistent
with the information supplied to
the Agency at the time of the
application; or
(c) omits warnings prescribed by
the Agency.
Section 27—Containers and
Packaging of Pesticides.
(1) The Agency may prescribe the
containers, labels and the manner
for packaging of pesticides at the
wholesale and retail levels.
(2) Where any container, label or
packaging has been prescribed by
the Agency for a registered
pesticide, no person shall—
(a) manufacture, import, export,
distribute, advertise or sell any
registered pesticide otherwise
than in a package or container
prescribed for the pesticide; or
(b) alter the label of any
pesticide so as to misrepresent
the nature of the pesticide.
Section 28—Records and Reporting.
Every person who imports, exports,
manufactures, distributes or sells
a pesticide shall make a record of
the quantities of pesticides
imported, exported, manufactured,
distributed or sold by him and the
record shall be—
(a) maintained for 10 years from
the time it is made; and
(b) made available to the Agency
at its request at such time and in
such manner as the Agency may
require.
Section 29—Exercise of Function
by The Board.
(1) The powers and functions
conferred on the Agency under this
Act shall be exercised by the
Board.
(2) The Board may delegate any of
its powers and functions under
this Act to a committee of the
Board, a member of the Board or
any other person.
Section 30—Pesticides Technical
Committee, its Composition and
Functions.
(1) For the purposes of enabling
the Board perform its functions
under this Act, there is hereby
established at the Agency a
committee to be known as the
Pesticides Technical Committee
which shall be a committee of the
Board.
(2) The Pesticides Technical
Committee shall be composed of the
following members—
(a) a Chairman appointed by the
Board;
(b) the Head of the Chemistry
Department of the National Nuclear
Research Institute of the Ghana
Atomic Energy Commission;
(c) a representative from the
Cocoa Services Division of the
Ghana Cocoa Board not below the
rank of an executive director who
shall have expertise in
pesticides;
(d) the Director of the Plant
Protection and Regulatory Services
of the Ministry of Food and
Agriculture;
(e) the Director of the Veterinary
Services Department of the
Ministry of Food and Agriculture;
(f) a representative from the
Ministry of Health;
(g) a representative of the Ghana
Standards Board not below the rank
of a Senior Scientific Officer;
(h) a representative from the
laboratory of the Customs, Excise
and Preventive Service not below
the rank of Principal Collector;
(i)
a representative from the
Association of Ghana Industries;
(j) a representative of the Ghana
National Association of Farmers
and Fishermen;
(k) a representative from the
Ministry of Lands and Forestry;
(l) one representative from the
Environmental Protection Agency
not below the rank of a Senior
Programme Officer who shall be the
Secretary to the Committee; and
(m) a representative of the
Ministry responsible for the
Environment.
(3) The Pesticides Technical
Committee shall perform such
functions under this Act
relating to the control and
management of pesticides as the
Board may assign to it.
(4) The quorum for a meeting of
the Committee shall be seven
members.
(5) The Committee shall regulate
its own procedure.
PART III—ENFORCEMENT AND PENALTIES
Section 31—Power of Inspector.
(1) A member of the relevant
sub-committee of a District
Assembly so authorised or an
inspector appointed under section
15 of the Environmental Protection
Agency Act, 1994 (Act 490) may—
(a) inspect any equipment used or
to be used in applying pesticides;
(b) inspect any storage or
disposal facilities or areas used
for the storage or disposal of
pesticides;
(c) inspect any land actually, or
reported to be, exposed to
pesticides;
(d) investigate complaints of
injury to human beings and
animals, or damage to land and
pollution of water bodies
resulting from the use of
pesticides;
(e) take samples of pesticides
applied or to be applied;
(f) monitor the sale and use of
pesticides;
(g) examine and take copies of a
licence or other documents
required by this Act or any
regulations made under this Act.
(2) An inspector or a person
authorised under subsection (1)
may, if he has reasonable cause to
believe that an offence has been
committed under this Act or
against any regulations made under
this Act without warrant—
(a) enter and search premises,
other than premises used
exclusively as a place of
residence, in which he believes on
reasonable grounds that the
offence has been committed or that
a pesticide which has been
illegally used is being stored;
(b) stop and search any vehicle
which he believes is being used in
the commission of the offence
under this Act;
(c) seize any equipment, pesticide
or appliance which he believes on
reasonable grounds is being used
in the commission of the offence;
(d) arrest any person who he
believes on reasonable grounds has
committed the offence.
(2) A written receipt shall, where
reasonably practicable, be given
for an article or thing seized
pursuant to subsection (1) of this
section, and the reasons for the
seizure shall be stated in the
receipt.
(3) A person arrested under
subsection (1) of this section
shall be taken before a court
within 48 hours.
(4) An inspector or a person
authorised under subsection (1) of
this section shall declare his
office and produce evidence of his
authority before he enters and
searches any premises and in any
other case produce it on request.
Section 32—Analysis and
Certificate.
(1) Any sample of pesticide taken
for the purpose of analysis shall
be submitted to and analysed by an
analyst appointed by the Agency.
(2) In any proceedings under this
Act, the production of a
certificate signed by an analyst
appointed by the Agency shall be
prima facie evidence of the facts
stated in it.
Section 33—Obstruction of
Inspectors.
Any person who—
(a) wilfully obstructs an
inspector or an authorised person
in the exercise of any power
conferred on him under this Act or
regulations made under this Act;
or
(b) fails to comply with a lawful
enquiry or requirement made by an
inspector or an authorised person
in accordance with section 31 of
this Act,
commits an offence and is liable
on conviction to a fine not
exceeding ¢500,000 or to
imprisonment for a term not
exceeding 6 months or to both.
Section 34—Other Offences and
Penalties.
(1) Any person who—
(a) except as provided in section
2 or otherwise exempted, imports,
exports, manufactures,
distributes, advertises, sells or
uses any pesticide which has not
been registered contrary to
section 1 of this Act; or
(b) imports, exports,
manufactures, distributes,
advertises or sells any pesticide
without a licence contrary to
section 17 (1) of this Act; or
(c) uses a pesticide or requires
an employee to use a pesticide
contrary to any provision in
section 21 of this Act; or
(d) alters any pesticide so as to
change its formulation,
composition or usage in any manner
contrary to section 25 (1); or
(e) sells a registered or
provisionally cleared pesticide
which by reason of fault of
manufacture, deterioration,
accident or any other reason fails
to meet the conditions required by
this Act contrary to section 25
(2); or
(f) contravenes any requirements
for the presentation of pesticides
provided under section 27 (2) (a)
or (b) commits an offence and is
liable on conviction to a fine not
exceeding ¢5 million or to a term
of imprisonment not exceeding 2
years or to both.
(2) In the case of a continuing
offence, there shall be an
additional fine not exceeding
¢500,000 in respect of each day on
which the offence continues.
(3) Any person who—
(a) advertises a pesticide in a
manner which is false, misleading
or inconsistent with the
information supplied to the Agency
at the time of registration; or
(b) includes on the label or
accompanying instructions of any
pesticide misleading or fictitious
claim, contrary to section 26 of
this Act commits an offence and is
liable on conviction to a fine not
exceeding ¢2 million or to a term
of imprisonment not exceeding 1
year and in the case of a
continuing offence to an
additional fine not exceeding
¢200,000 in respect of each day on
which the offence continues.
(4) Any person who—
(a) fails or refuses to maintain
or submit the contents of records
to be maintained; or
(b) deliberately or negligently
makes false records; or
(c) submits false or misleading
statements commits an offence and
is liable on conviction to a fine
not exceeding ¢1 million or 6
months imprisonment; and in the
case of a continuing offence, to
an additional fine not exceeding
¢200,000 in respect of each day on
which the offence continues.
(5) Any person who knowingly
discloses, otherwise than as
provided by this Act, any
proprietary information acquired
by him in the exercise of any duty
under this Act commits an offence
and is liable on conviction to a
fine not exceeding ¢1 million or
to a term of imprisonment not
exceeding 6 months or to both:
Section 35—Sale of Pesticides.
It shall not be a defence for any
person charged with the sale of a
pesticide contrary to section 1 to
plead that he had no reason to
believe at the time of sale that
the pesticide was not registered
or differed in anyway from the
purported contents of the
container or that the pesticide
otherwise failed to meet the
requirements of this Act.
Section 36—Offences by Body of
Persons.
(1) Where an offence is committed
by a body of persons—
(a) in the case of a body
corporate other than a partnership
every director or officer of the
body shall also be deemed guilty
of the offence;
(b) in the case of a partnership
every partner or officer of that
body shall also be deemed to be
guilty of that offence.
(2) No person shall be guilty of
an offence by virtue of subsection
(1) if—
(a) he proves that the offence was
committed without his knowledge or
connivance; and
(b) that he exercised due care and
diligence to prevent the
commission of the offence having
regard to all the circumstances.
Section 37—Forfeiture.
Where a person is convicted of an
offence under this Act or any
regulations made under this Act,
the court may in addition to any
other penalty imposed, order that
any equipment, pesticide or
appliance used in the commission
of the offence shall be forfeited
to the State and that a licence
issued under this Act shall be
suspended for such period as the
court may direct or be cancelled.
PART IV—GENERAL PROVISIONS
Section 38—Customs Officer.
(1) Every customs officer shall—
(a) assist in the enforcement of
the provisions of this Act; and
(b) prevent the importation into
Ghana of any pesticide where the
importation is contrary to this
Act.
(2) The Agency shall provide the
Commissioner of Customs with a
list of licensed importers and a
list of registered and banned
pesticides.
(3) The Commissioner of Customs
shall keep records of imported
pesticides and, shall at such
regular periods as the Agency may
direct, submit copies to the
Agency.
Section 39—Power to Make
Regulations.
(1) The Minister responsible for
Environment on the recommendation
of the Board and in consultation
with the Minister responsible for
Food and Agriculture, may by
legislative instrument make such
regulations as may be necessary
for the purpose of giving full
effect to the provisions of this
Act.
(2) Without prejudice to
subsection (1) of this section,
regulations may be made
prescribing matters relating to—
(a) the manufacture, importation,
exportation, distribution and sale
of pesticides:
(b) the reporting of significant
pesticide accidents or incidents
to a designated person or office
and the procedure for such
reporting;
(c) procedure for the storage,
transportation and disposal of any
pesticide or pesticide container
which is considered likely to
cause injury to human beings,
vegetables, crops, livestock,
wildlife or beneficial insects or
which is likely to pollute the
environment;
(d) the form and contents of
pesticide labels;
(e) method of packaging of
registered pesticides;
(f) pesticide containers and their
disposal;
(g) the advertising of pesticides;
(h) the purpose for which any
pesticides may be used and the
manner in which it may be used;
(i)
the licensing of premises where
pesticides are used or dealt in;
(j) practices, including
pre-harvest intervals, for the
harvest of crops and the slaughter
and milking of animals following
exposure to pesticides;
(k) the application of pesticides
that are to be made under the
supervision of an authorised
person and the provision for such
authorizations;
(l) the analyses of pesticides;
(m) facilities and clothing to be
used or worn while handling
pesticides;
(n) the disposal of pesticides;
(o) records to be maintained by
persons importing manufacturing,
formulating, distributing or
selling pesticides;
(p) aerial application of
pesticides;
(q) pesticide applicators;
(r) the exemption of the
importation of certain specified
categories and quantities of
pesticides from the requirement of
a licence.
(3) Regulations made under this
section may prescribe in relation
to any contravention of any
provision in it, penalties not
exceeding a fine of ¢2 million or
a term of imprisonment not
exceeding 1 year or both and for
additional penalties not exceeding
¢200,000 for each day in respect
of continuing offences.
Section 40—Fees.
The Agency may for the
registration of pesticides and
licensing of dealers, charge such
fees as the Board shall determine.
Section 41—Interpretation.
In this Act unless the context
otherwise requires—
"advertising" means the promotion
of the sale and use of pesticides
by print or electronic media,
signs, displays, gifts,
demonstration or word of mouth;
"Agency" means the Environmental
Protection Agency;
"banned pesticide" means a
pesticide for which registered use
has been prohibited by the Agency
or for which registration has not
been granted by the Agency for
health and environmental reasons;
"Board" means the Environmental
Protection Agency Board
established under section 4 of the
Environmental Protection Agency
Act, 1994 (Act 490);
"Committee" means the Pesticides
Technical Committee provided for
under section 30;
"dealer" means any person who
imports, exports, manufactures,
distributes, advertises or sells
pesticide;
"defoliant" means a substance or
mixture of substances which when
applied to a plant causes the
leaves or foliage to drop from the
plant with or without abscission;
"District Assembly" includes
Municipal and Metropolitan
Assembly;
"desiccant" means a substance or
mixture of substances which when
applied to a plant, accelerates
the drying of the tissue of the
plant;
"distribute" means to supply
commercially, to transport, store
or sell;
"formulation" means the
combination of various ingredients
designed to render the product
useful and effective for the
purpose claimed, or the form of
pesticide as purchased by users;
"Inspector" means Environmental
Protection Inspector appointed
under section 15 of the
Environmental Protection Agency
Act, 1994 (Act 490) or person of
the relevant sub-committee of a
District Assembly authorised under
section 31 (1) of this Act;
"label" includes any writing,
printing or illustration made on,
attached to, included in,
belonging to or accompanying a
pesticide or its container;
"manufacture" in relation to a
pesticide means to do any of the
following—prepare, compound, make
the active or other ingredients,
to add substances, mix, formulate,
package or re-package, label or
otherwise treat the active
ingredient with a view to its
sale, but does not include the
carrying on of bona fide research
or experiment relating to a
pesticide or doing of an act or
thing that forms part of or is
incidental to such research or
experiment;
"Minister" means the Minister
responsible for the Environment;
"pest" means any insect, rodent,
bird, fish, mollusc, nematode,
fungus, weed micro-organism, virus
or any other kind of plant or
animal life that is injurious to
human or animal health, crops,
stored produce, processed foods,
wood, cloths, fabrics or other
inanimate objects;
"pesticide" means—
(a) a substance or mixture of
substances intended for
preventing, destroying, repelling
or reducing the destructive
effects of any pest; or
(b) a substance or mixture of
substances intended for use as a
plant regulator, defoliant,
desiccant or wood preservative;
"plant regulator" means a
substance or mixture of substances
which, when applied to ornamental
or crop plants or to their
produce, causes, through
physiological action, the
acceleration or retardation of the
rate of growth or otherwise alters
the behaviour of those plants or
their produce, but does not
include substances intended for
use as plant nutrients, trace
elements, nutritional chemicals,
plant inoculants or soil
amelicration;
"prescribed" means prescribed by
legislative instrument;
"Prior Informed Consent Procedure"
means the international operation
procedure for exchanging,
receiving and handling
notification information by the
Agency on restricted, suspended
and banned pesticides for reasons
of health and the environment;
"sell" includes to offer for sale
and to provide pesticide as part
of a service of pest control
notwithstanding that the pesticide
is described as free or included
in the service.
"unreasonable adverse effect on
the environment" means any effect
which is injurious to human,
animal or plant life or which
renders the environment unsafe for
human, animal or plant life;
Section 42—Transitional
Provision.
After 6 months from the coming
into force of this Act, pesticides
shall be registered in compliance
with this Act and licences for
dealing in pesticides shall be
issued in compliance with this
Act.
Date of Gazette Notification: 31st
December, 1996.
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