CHAPTER 35:09
AGROCHEMICALS

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

Part II
Regulatory Authority

    3.    Appointment of Registrar

    4.    Functions of Registrar

    5.    Delegation of duties and powers

    6.    National Agrochemicals Committee

    7.    Meetings of Committee

    8.    Functions of Committee

    9.    Appointment of an agrochemicals inspector

PART III
Register and Registration of Agrochemicals

    10.    Agrochemicals to be registered

    11.    Register of agrochemicals

    12.    Application for registration

    13.    Validity of certificate

    14.    Variation or cancellation of certificate

PART IV
Licensing of Agrochemicals

    15.    Requirement for a licence

    16.    Application for licence

    17.    Training course

    18.    Assessment and issue of licence

    19.    Validity of licence

    20.    Variation of conditions of licence

    21.    Suspension and revocation of licence

PART V
Miscellaneous

    22.    Offences

    23.    Precautions to be taken in handling agrochemicals

    24.    Labelling of agrochemicals

    25.    Promotion and advertising of agrochemicals

    26.    Temporary permit

    27.    Publication in the Gazette

    28.    Record to be kept by licensee

    29.    Appeal

    30.    General penalty

    31.    Regulations

Act 18, 1999.

An Act to provide for the registration and licensing of agrochemicals; to control or regulate their importation, manufacture, distribution, use and disposal, so as to prevent pollution to the environment or harm to human, plant or animal life, and to provide for matters incidental and connected to the foregoing.

[Date of Commencement: 1st May, 2000]

PART I
Preliminary (ss 1-2)

1.    Short title

    This Act may be cited as the Agrochemicals Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "agrochemical" means any organic, inorganic or live biological material intended or offered for sale for purposes of—

    (a)    destruction, control, repulsion, attraction or prevention of any undesirable life forms injurious to plant and animal growth; or

    (b)    promotion or inhibition of plant growth such as fertilisers, growth regulators, hormones, defoliants or legume inoculants;

    "certificate" means an agrochemical registration certificate issued under section 12(5);

    "Committee" means the National Agrochemicals Committee appointed by the Minister under section 6(1);

    "distribute" means to supply commercially and includes to transport, store and sell;

    "inspector" means a person appointed as an inspector of agrochemicals under section 9(1);

    "label" includes any writing, printing or illustration made on, or attached to an agrochemical or its container;

    "licence" means an agrochemical licence issued under section 18(2);

    "manufacture" means, in relation to an agrochemical, to activate, combine or add ingredients or to package or re-package the ingredients separately in the final form;

    "Registrar" means the Registrar of Agrochemicals appointed under section 3;

    "residues" in relation to an agrochemical, includes any specified substances and any derivatives of an agrochemical such as impurities considered to be of toxicological significance found in food, agricultural remedies or animal feed resulting from the use of the agrochemical;

    "restricted agrochemical" means an agrochemical classified as such under section 12(5); and

    "sell" includes offer for sale and provision of goods as part of a service for agricultural use, whether or not the goods are described as free or included in the service.

PART II
Regulatory Authority (ss 3-9)

3.    Appointment of Registrar

    The Minister may, by notice published in the Gazette, appoint, subject to the laws governing the public service, any officer to be the Registrar of Agrochemicals, for purposes of this Act.

4.    Functions of Registrar

    (1) The Registrar, shall subject to the control of the Minister, be responsible for the administration of this Act.

    (2) Without derogating from the generality of subsection (1) the functions of the Registrar shall be to—

    (a)    establish the appropriate facility of registration of agrochemicals, quality control and the analysis of their residues;

    (b)    register agrochemicals in accordance with this Act;

    (c)    monitor the sale, use and test residues of agrochemicals;

    (d)    collect and maintain statistical and other information concerning the importation, manufacture, distribution, sale, and use of agrochemicals and their residues;

    (e)    issue licences to persons for the importation, manufacture, distribution, sale or disposal of agrochemicals;

    (f)    produce a code of practice for the management of and dealings in agrochemicals;