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AGROCHEMICALS: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Agrochemicals Regulations

AGROCHEMICALS REGULATIONS

(under section 31)

(8th August, 2003)

ARRANGEMENT OF REGULATIONS

   REGULATION

   1.   Citation

   2.   Interpretation

   3.   Application to register an agrochemical

   4.   Registration

   5.   Other applications

   6.   Labelling

   7.   Duty of licensee

   8.   Promotion and advertisement

   9.   Record keeping by licensee

   10.   Storage

   11.   Safe handling

   12.   Disposal of waste

   13.   Training course

   14.   Offence and penalty

      First Schedule

      Second Schedule

      Third Schedule

      Fourth Schedule

      Fifth Schedule

S.I. 37, 2003,
S.I. 36, 2005.

1.   Citation

   These Regulations may be cited as the Agrochemicals Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires, "licensee" means a holder of a licence issued under these Regulations.

3.   Application to register an agrochemical

   (1) A person may make an application to register an agrochemical in accordance with section 12 of the Act and with the provisions of sub regulation (2).

   (2) An application under subsection (1) shall be made to the Registrar in Form 1 set out in the First Schedule and shall further be accompanied by-

   (a)   two samples of the agrochemical;

   (b)   any advertising material or experimental data in support of efficacy of the agrochemical;

   (c)   full toxicological data of the agrochemical;

   (d)   methods of analysis of the agrochemical; and

   (e)   residue and phytotoxicity data of the agrochemical under Botswana or similar conditions.

   (f)   a fee of P500.

   (2A) An application for the renewal of the registration of an agrochemical shall be made to the Registrar in Form 1 set out in the First Schedule and shall be accompanied by a fee of P250.

   (2B) There shall be charged a fee of P300 for late renewal of registration of an agrochemical.

   (3) Where an applicant is only seeking registration for the sale of an agrochemical and the manufacturer of the agrochemical is not prepared to give the applicant information about such agrochemical, the manufacturer shall submit the full composition statement of such agrochemical directly to the Registrar.

  4.   Registration

   (1) The Registrar shall, where he is satisfied that an application meets the requirements of regulation 3, register the agrochemical and issue a registration certificate, as set out in the Second Schedule, to the applicant.

   (2) Where the Registrar is not satisfied that the application meets the requirements of regulation 3, he shall reject the application and notify the applicant thereof in writing, stating the reasons for the rejection.

5.   Other applications

   (1) An application for-

   (a)   a temporary import permit shall be in Form 2 and accompanied by a fee of P100;

   (b)   a permit for the import of an agrochemical for research or experimental purposes shall be in Form 3;

   (c)   a licence to facilitate the transit of an agrochemical from one country to another country shall be in Form 4 and accompanied by a fee of P200;

   (d)   a licence to dispose of an agrochemical and its by-products shall be in Form 5 and accompanied by a fee of P200;

   (e)   a licence to manufacture an agrochemical shall be in Form 6 and accompanied by a fee of P200;

   (f)   a licence to import, sell or distribute an agrochemical shall be in Form 7 and accompanied by a fee of P200; and

   (g)   a licence to commercially use an agrochemical shall be in Form 8 and accompanied by a fee of P200.

   (2) Where the Registrar is satisfied that an application made in accordance with subregulation (1) meets the requirements of section 16 of the Act and of these Regulations, he shall-

   (a)   issue a permit as set out in Form 9; or

   (b)   issue a licence as set out in Form 10;

to the applicant, under such terms and conditions as he may consider appropriate.

   (3) Where the Registrar is not satisfied that the application meets the requirements of section 16 and of these Regulations, he shall reject the application thereof in writing, stating the reasons for rejection.

6.   Labelling

   (1) All containers in which an agrochemical is offered for sale or distribution shall bear a label written in English, and where possible, in Setswana, firmly affixed to the container, the wording of which shall be approved by the Committee.

   (2) An application for the approval of the words to be placed on a label in accordance with sub regulation (1) shall be made to the Committee in writing.

   (3) A label in accordance with sub regulation (1) shall contain the information set out in the Third Schedule.

   (4) The classification of an agrochemical on a label according to toxicity shall be in accordance with the Fourth Schedule.

   (5) The codes to be used for an agrochemical formulation on a label shall be as set out in the Fifth Schedule.

7.   Duty of licensee

   A licensee shall ensure that-

   (a)   an agrochemical distributed by him is approved, marked, packed and labelled in accordance with the provisions of these Regulations;

   (b)   the substance contained in an agrochemical distributed by him is in accordance with the specification on the label; and

   (c)   direction for use and other information printed on the label do not contain misleading or erroneous information.

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