Control of Pesticides (Amendment) Act No. 6 of 1994

Transcription

1 L.D /87 Control of Pestcdes (Amendment Act No. 6 of 1994 (Certfed on 6th Aprl, 1994 AN ACT TO AMEND THE CONTROL OF PESTICIDES ACT NO. 33 OF 1980 WHEREAS Parlament deems t expedent n the publc nterest for the Government to control the pestcde ndustry ncludng the mport, packng, labelng, storage, formulaton, transport, sale and use thereof: BE t enacted by the Parlament of the democratc Socalst Republc of Sr Lanka as follows; 1 Ths Act may be cted as the Control of Pestcdes (Amendment Act, Short ttle No. 6 of The long ttle of the Control of Pestcdes Act, No. 33 of 1980 herenafter referred to as the " enactment" s hereby amended by the substtuton for the words "FORMULARY COMMITTEE" of the words "TECHNICAL AND ADVISORY COMMMITTEE" 3 Secton 2 of the enactment s hereby repealed and the Replacement of followng secton substtuted therefor:- Secton 2 of the Applcaton 2. Ths Act shall apply to actve ngredents of the Act and pestcde formulaton wth adjuvant, other than such formulatons as are set out n the Schedule to ths Act". 4 Secton 3 of the enactment s hereby amended by the Amendment of addton mmedately after subsecton (2 of that secton, of the secton 3 of the followng new subsectons;- enactment "(3 There shall be apponted such number of Assstant Regstrars of Pestcdes as may be necessary for the purposes of the Act. (4 Every Assstant Regstrar of Pestcdes may exercse all or any of the powers of the Regstrar of Pestcdes and n the exercse of such powers shall be subject to the control and drecton of the Regstrar of Pestcdes". 5 Secton 4 of the enactment s hereby amended as follows:- Amendment of Secton 4 of (1 by the repeal of subsectons(1 and(2 of that secton and the the substtuton therefore of the followng subsectons:-

2 (1 There ( shall be a Pestcde Techncal and Advsory Commttee 1 (herenafter referred to as the "Commttee". ( The Commttee shall consst of 2 (a the followng ex offco members namely:- (I the Drector of Agrculture (herenafter referred to as the "Drector" or any offcer nomnated by hm. ( ( (v (v (v (v the Regstrar of Pestcdes (herenafter referred to as the "Regstrar" or any offcer nomnated by hm. The Government Analyst or any offcer nomnated by hm; the Secretary to the Mnstry of the Mnster n charge of the subject of Health or any offcer nomnated by hm. the Commssoner of Labour or any offcer nomnated by hm; the Drector of the Tea Research Insttute establshed under the Sr Lanka Tea Board Law No. 14 of 1975, or any offcer nomnated by hm; a member of the Sr Lanka Standards Insttuton establshed under the Rubber Research Ordnance (Chapter 439 or any offcer nomnated by hm; (v a member of the Sr Lanka Standards Insttuton establshed by the Sr Lanka Standards Insttuton Act, No. 6 of 1984, nomnated by the Charman of such Insttuton or any offcer nomnated by such member; (x (x the Drector of the Coconut Research Insttute establshed under the Coconut Development Act, No. 46 of 1971 or any offcer nomnated by hm; a Senor Offcer of the Central Envronmental Authorty establshed by the Natonal Envronmental Act No. 47 of 1980, nomnated, by the Charman of such Authorty; and (b not more than fve persons who are experenced n the use of pestcdes, pest control and related scentfc dscplnes who shall be apponted by the Mnster:

3 Provded however, that no person havng a commercal nterest n the manufacture, mport, marketng, formulaton, storage, transport or sale, of pestcdes shall be apponted ; and ( by the substtuton for the margnal note to that secton of the 3 followng margnal note:- "Pestcde Techncal and Advsory Commttee". 6. Secton 5 of the enactment s hereby amended as follows:- Amendment of secton 5 (1 by the repeal of subsecton (1 of that secton and the substtuton of the therefore of the followng sub secton:- "(1 The functons of the Commttee shall be :- (a (b to advse the Regstrar or any mportant matter relatng to the regstraton of pestcdes, approval of contaners, the storage, formulaton, mport, sale and use of pestcdes and such other matters relatng thereto as may be prescrbed; to appont techncal sub-commttees to assst such commttee n the performance of ts functons. "; and ( n paragraph (b of subsecton (2 of that secton by the 2 substtuton for the words " at a meetng of all members of the Commttee" of the words "at a meetng of the Commttee". 7. Secton 6 of the enactment s hereby amended n subsecton (2 of that secton as follows. ( by the repeal of paragraph (b of that subsecton and the substtuton Amendment I therefore, of the followng paragraph:- of secton 6 of the ( by the repeal of paragraph (f of that subsecton and the substtuton therefore of the followng paragraph- "(f a statement of the clam made by the manufacturer or

4 producer of such pestcde as to sts uses, potency, stablty n storage and the perod of usage and a statement wth regard to ts effcacy and crop safety supported by the result of any expermental data as evdence; ";and ( by the repeal of paragraphs (g, (h, (I and (j of that subsecton and the sbsttuton therefor, of the followng paragraphs:- "(g (h (I (j a statement of the composton of such pestcde, ts chemcal dentty ncludng the chemcal and physcal propertes of the techncal grade materal from whch the pestcde formulaton s prepared, ts net weght and the dentty and amount of somer mpurtes and other by products. adequate toxcologcal data concernng such pestcde ncludng nformaton on antdote, to show that when used as recommended the product would not cause ll effects to those applyng t or to the consumer of treated crops; methods of analyss of the pestcde formulaton wth the results of the anlyssas evdence; and methods of detemnng the resdue of such pestcde n foods and feed after applcaton as drected wth the results of any experments as evdence". 8 Secton 7 of the enactment s hereby amended n subsecton (1 Amendment of of that secton by the repeal of paragraphs (a and (b of that subsecton, and secton 7 of the the substtuton therefor of the followng paragraphs:- "(a regster the pestcde and ssue a lcence vald for a perod not exceedng three years; or (b regster the pestcde provsonally, and pendng the ssue of a lcence or n leu of a lcence ssue a provsonal permt vald for a perod not exceedng twelve months for restrcted marketng and use of the pestcde n accordance wth the condtons stpulated n such permt;". 9. Secton 8 of the enactment s hereby amended by the repeal of Amendment subsecton (1 of that secton, and the substtuton therefor of the followng of secton subsecton:- 8 of the 8. ( The Regstrar shall not ssue a lcence under paragraph (a of 1 subsecton (1 of secton 7 unless the copy of the draft label submtted wth the applcaton contans the followng partculars:-

5 (a the trade name under whch the pestcde shall be sold and ts use category; (b the common names of the actve ngredents of the pestcde, n characters not smaller n sze than half the sze of those used for the trade name of the pestcde and n a poston placed drectly below the trade name; ( c the contents of all actve ngredents expressed, n the case of a sold formulaton as a percentage or as grams per klogram and n the case of lqud formulaton, as grams per ltre; (d (e (f (g (h the name and address of the holder of the lcence; adequate drectons concernng the manner n whch the pestcde s to be used, ncludng nformaton as to the perod of tme whch should elapse between the last applcaton of the pestcde and harvestng and marketng of the crop to whch t s appled and where the Regstrar deems approprate the shelf-lfe of the pestcde; adequate warnng and precautonary symbols and statements ncludng frst-ad and antdote nformaton supplemented, when necessary, n a leaflet n the package, gvng detaled nstructons; the word "regstered" whch shall be an offcal symbol ndcatng that the pestcde has been lcensed under ths Act and the lcence number assgned to t by the Regstrar; any other partculars as may be prescrbed by regulaton under ths Act. n Snhala and Taml languages: Provded, however, the partculars set out n paragraphs (a, (b and (f shall n addton be stated n Englsh; 10 Secton 9 of the enactment s hereby repealed and the Replacement of followng secton substtuted dtherefor:- secton 9 of the "Approved 9. Where the Regstrar ssues a lcenc under subsecton(1 pestcdes. of secton 7, he shall- (a declare that pestcde to be an approved pestcde; (b classfy such pestcde as a restrcted general, or domestc pestcde, by Order publshed n the Gazette"

6 11 Secton 14 of the enactment s here by amended as follows. Amendment of secton 14 of (1 n paragraph (b of that secton by the substtuton for the words such the pestcde s contaned n an approved contaner", of the words" such pestcde n contaned n an approved leak proof contaner". (2 by the repeal of the provso to that secton, and the substtutn, therefor of the followng provso:- "Provded however, that the precedng provsons of ths secton shall not apply n any case. ( Where on the recommendaton of the commttee, any pestcde s I mported for the purpose of counteractng an epdemc or pest out break; ( Where any approved research organsaton mports wth the wrtten consent of the Regstrar any specfed quantty of pestcdes or pestcde formulaton for the purpose of research". 12. (1 Secton 21 o the enactment s hereby amended as follows:- In subsecton (1 of that secton by the substtuton, for the words " such number of offcers of hs departmetn", of the words "such number of agrcultural offcers"; and Amendment of Secton 21 of the (2 n subsecton 2 of that secton by the nserton mmedately after paragraph (b of that subsecton of the followng paragraph- "(bb seze and detan, for such tme as may be necessary for the purposes of a prosecuton under ths Act any pestcde whch has been offered for sale n contraventon of secton 14 or secton 21A, aftr complng a lst of such pestcdes and handng over copes of such lst to the seller or hs agent and to the Regstrar;". 13 The follown new secton s hereby nserted mmedately after secton 21 and Inserton of sahll have effect as secton 21A of the enactment:- new secton 21A n the "prohbton of 21A, (1 No person shall sell or offer forsake any pestcde sale wthout except under the authorty of a certfcate ssued by an certfca te. authorzed offcer.

7 '(2 Notwthstandng the provsons of sub secton (1 and person may sell or offer for sale any domestc pestcde wthout obtanng a certfcate. (3 Every applcaton for a certfcate shall be made to an authorzed offcer, n such form as may be prescrbed. (4 Every certfcate for sale shall (a be n the prescrbed form; (b unless t s cancelled earler, be n force for a perod of twelve months from the date of ts ssue. (5 Every certfcate referred to n subsecton (1 shall be exhbted n a conspcuous place whtere authorty pestcde s sold". 14 Secton 23 of the enactment s hereby amended by the repeal of Amendment of subsecton (1 of tht secton, ad the substtuton therefor, of the followng secton 23 of the subsecton. "(1 (a Every applcaton for the lcensng of a pestcde under secton 6; or (b Every applcaton for the renewal of a lcence of a pestcde under secton 7 or every applcaton for a certfcate for sale of pestcde under secton 21A; or (d every appeal aganst any rejecton, cancellaton, suspenson, wthdrawal or modfcaton under secton 13. Sahll be accompaned by such fee as may be prescrbed by regulatons made under ths Act. 15 Secton 24 of the enactment s hereby amended n subsecton (1 Amendment of of that secton by the substtuton for the words 'be sentenced to secton 24 of mprsonment of ether descrpton for a perod of two years", of the words the "be lable to mprsonment of ether descrpton for a perod not exceedng two years or to a fne not exceedng ten thousand repees or to both such fne and mprsonment". 16 The followng new secton s hereby nserted mmedately after secton 24 Inserton of of the enactment and shall have effect as secton 24A of that new secton enactment:- 24A n the "Persons authorzed 24A (1 For the avodance of doubt, t s to nsttute and hereby declared that the Regstrar or any conduct, Food Inspector, Publc Health Inspector,

8 prosecutons. Grama Nladhar, Inspector of Labour or any publc offcer authorzed n that behalf by the Regstrar shall be empowered to nsttute proceedngs and conduct prosecutons for offences under ths Act. (2 Any person authorzed under subsecton (1 by the Regstrar shall have the power to ascertan whether- (a (b the packagng of pestcde s effected n complance wth the provsons of ths Act. ; any pesons has contravened the provsons of secton 16; ( c a certfcate for sale has been obtaned by every seller. (3 For the purposes of exercsng the powers referred to n subsecton (2, every offcer authorzed under subsecton (1, may enter any premses, after suffcent notce at all resonable hours of the day n the dscharge of hs functons under ths Act, Such offcer shall not be lable on account of such entry or on account of anythng done bona fde n such premses aftersuch entry whch s necessary for the exercse performance and dscharge of hs powers, dutes and functons under ths Act". 17 Secton 26 of the enactment s hereby amended n subsecton (1 Amendment of of that secton as follws:- secton 26 of the (1 n paragraph (v of that subsecton by the substtuton for the words "pestcde formulaton; and ",of the words" pestcde formulaton;"; ( In paragraph (v of that subsecton by the substtuton for the words "manner of use of pestcdes", of the words" manner of the sale and use of pestcdes and ". ( by the addton mmedately after paragraph (v of that subsecton of the followng pargraph:- " (v prohbtng the mportaton or manufacture of any pestcde whch s consdered to be njurous to publc heath". 18 Secton 27 of the enactment s hereby amended as follows:- Amendment of secton 27 of (I the substtuton for the defnton of "authorzed analyst" of the followng the

9 defnton:- "authorzed analyst" means the Government Analyst, the Adtonal Government Analyst, a Deputy Government Analyst, a Senor Assstant Government Analyst, an Assstant Government Analyst, the Chemst of the Central Agrcultural Researach Insttute of the Department of Agrculture, an Analyst of the Ceylon Insttute of Scentfc and Industral Research, an Analyst of the Sr Lanka Standards Insttute and any other offcer authorzed by the Mnster by notfcaton n the Gazette,". ( by the nserton mmedately after the defnton of "authorzed analyst" of he followng defntons:- "domestc pestcde" means a pestcde formulaton n whch the actve ngredents are of a low toxcty or n wch such actve ngredents are present at very low levels and are unlkely to be hazardous n normal use; General pestcde" means a pestcde formulaton other than a pestcde formulaton classfed as a restrcted pestcde or a domestc pestcde;'; ( n the defnton of 'pest' by the substtuton for the words "ectoparastes and endoparastes of man", of the words" ectoparastes of man"; (v n the defnton of "pestcdeformulatons" by the substtuton for the words desgnated by regulatons made under ths Act." of the words "desgnated by regulatons made under ths Act"., of the words "desgnated by regulatons made under ths Act, but does not nclude pheromones.;" and (v by the addton mmedately afater the defnton of "pestcde formulatons", of the followng defnton:- " restrcted pestcde" means a pestcde formulaton lkely to have adverse effects on humna health, specfc non target organsms and on the envronmen and n respect of whch lmtaton, have been placed as regards ts handlng pattern, use or dstrbutons." 19 The followng new Schedule s hereby added at the end of the Addton of enactment:- new schedle to the "Schedule (Secton 2 Naphthalane Paradchloroherne Pet. Care Shampoo Non toxc glues for pest control devdes" 20 In th event of any nconsstency between the Snhala and Taml texts of Snhala text to ths Act, the Snhala text shall preval. preval n case

10 of nconsstency.