Cap. 216, pesticides control act

PESTICIDES CONTROL ACT
CHAPTER 216
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissionerunder the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- ARRANGEMENT OF SECTIONS
PESTICIDES CONTROL ACT
Amendments in force as at 31st December, 2000.
PESTICIDES CONTROL ACT
CHAPTER 216
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissionerunder the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- ARRANGEMENT OF SECTIONS
PESTICIDES CONTROL ACT
Amendments in force as at 31st December, 2000.
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CHAPTER 216
Establishment of Pesticides Control Board.
Licensing of manufacturer or importer of pesticides.
Restricted pesticides, authorisation to sell restricted pesticides and regis-tration of premises.
Suspension and deletion of entry from registers.
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CHAPTER 216
32 of 1985.
18 of 1988.
16 of 1988.
35 of 1988.
[31st December, 1988 - all sections except 76 of 1990.
100 of 1995.
Commencement.
S.I. 18 of 1988.
This Act may be cited as the Pesticides Control Act.
In this Act, unless the context otherwise requires- “advertisement” means any representation by any means whatsoever for thepurpose of promoting directly or indirectly the sale or other distribution of anypesticides; “agriculture” means the production and storage of any produce for consump-tion or any other purpose and includes the use of land for grazing, forestry andwoodland, fish culture, bee culture, market gardening, horticulture and nurs-eries or animal husbandry; “approved analyst” means the government analyst or any other analyst ap-proved by the Minister; “article” or “article to which the Act and regulations apply” means- a pesticide or any produce to which a pesticide is believed tohave been applied; or anything used for the manufacture, packaging, storage, appli-cation or use of a pesticide; or THE SUBSTANTIVE LAWS OF BELIZE
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any labelling, packaging or advertising material which relatesto a pesticide; “Board” means the Pesticides Control Board established under section 3; “container” means anything in which a pesticide is wholly or partly containedor packed; “extermination” means the use of pesticides for the destruction or control ofpests on any land or premises or in a vehicle, ship or aircraft whether on landor any other place; “label” means any legend, word or mark attached to, included in, belongingto or accompanying a container; “manufacture” means the formulation, compounding or synthesizing of apesticide; “Minister” means the Minister responsible for agriculture; “owner” means the owner of an article, his servant or agent, the person inwhose possession an article is found, the owner of a vehicle or land or pre-mises in which or on which an article is found, or the employer of a worker; “packaging” means the activity of putting pesticides in containers for sale ordistribution; “pest” means any insect, rodent, bird, fish, mollusc, nematode, fungus, weed,micro-organism, virus, ectoparasites of animals and any other kind of plantor animal life which is injurious, troublesome or undesirable to growing crops,produce, processed food, wood, clothes, fabrics or other inanimate ob-jects; “pesticide applicator” means a person who uses pesticides to carry out anextermination; THE SUBSTANTIVE LAWS OF BELIZE
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“pesticide” means a product intended to be used for controlling a pest; “prescribed” means prescribed by regulations made under this Act; “produce” means a crop grown for consumption or other use after it is sev-ered from the land and includes anything ordinarily used or which may beused in the composition of food for human beings and domestic and farmanimals, but does not include growing crops; “prohibited pesticide” means any pesticide of which the possible effects onthe environment, plants, animals or human beings are considered by the Min-ister to be too dangerous to justify its use; “registered pesticide” means a pesticide declared as a registered pesticideand given in the Second Schedule to this Act, and intended for general use; “restricted pesticide” means any pesticide which, if used in accordance with awidespread and commonly recognized practice, may generally cause, with-out additional regulatory action, unreasonable adverse effects on the environ-ment, including injury to the applicator; “Secretary” means the Secretary of the Pesticides Control Board as consti-tuted under section 3; “worker” means a person employed in the use and handling of pesticides.
There shall be established a Board to be called the Pesticides Control Board and the constitution of the Board shall be as set out in the First Schedule 4.-(1) The functions of the Board shall be- THE SUBSTANTIVE LAWS OF BELIZE
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to license persons to import or manufacture pesticides; to authorise persons to sell restricted pesticides; to register premises in which a restricted pesticide may besold; to authorise pesticide applicators to use restricted pesticides; to classify any pesticide as a registered pesticide, restrictedpesticide or a prohibited pesticide; to consider and determine applications made pursuant to thisAct and to deal with all aspects of the importation, manufac-ture, packaging, preparation for sale, sale, disposal and useof pesticides and to advise the Minister on all matters in rela-tion thereto; and to do such other things as may be expedient or necessary forthe proper performance of its functions under this Act.
(2) Without prejudice to the generality of subsection (1) the Board may, at any time with the approval of the Minister, by order provide for thewithdrawal from sale or use of any pesticide and for the disposal of any suchpesticide.
5. The Minister may, after consultation with the Chairman, give to theBoard directions of a general character as to the policy to be followed in theperformance of any of its functions, and the Board shall give effect to suchdirections.
6.-(1) Any person may, subject to the provisions of this Act, manufacture, import, advertise or sell a pesticide which is declared to be a registeredpesticide.
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(2) A list of registered pesticides is given in the Second Schedule to this Act and this Schedule may be amended or replaced from time to time by order, by the Minister in consultation with the Board.
(3) Any person wishing to sell a registered pesticide shall obtain from the Board a licence entitling him to sell registered pesticides and comply withsuch conditions as may be stipulated in the licence.
7. No person shall manufacture or import any pesticide unless he first obtains in the prescribed manner from the Board a licence to manufacture or import, as the case may require, that pesticide.
8.-(1) No person shall sell a restricted pesticide unless- he is authorised in the prescribed manner so to do; authorisation tosell restrictedpesticides and the premises in which the sale is carried out have been registered in the prescribed manner for the purpose; and the sale is carried out in accordance with such other require-ments as may be prescribed.
(2) A list of restricted pesticides is given in the Third Schedule to this Act and this Schedule may be amended or replaced from time to time byorder, by the Minister in consultation with the Board.
9. No applicator shall use a restricted pesticide unless he is authorised by the Board to use such pesticide or is an employee or agent working under the direct supervision of an authorised person: Provided that the foregoing provision shall not apply to any occupier of a house using a restricted pesticide in his house for his own purpose or a farmeron his farm for his own purpose for non-commercial purposes.
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10.-(1) The Board shall cause the Secretary to keep in such form as it may a register to be known as the Register of Pesticides in whichshall be entered the name and prescribed particulars of anypesticide registered under this Act; a register to be known as the Register of Licences in whichshall be entered the name and prescribed particulars of everyperson licensed under this Act to manufacture or import aregistered pesticide; a register to be known as the Register of Authorised Personsand Registered Premises in which shall be entered the nameand prescribed particulars of every person licensed under thisAct to manufacture or import a restricted pesticide and theprescribed particulars of the premises registered by that per-son for the purpose of such sale; and a register to be known as the Register of AuthorisedApplicators in which shall be entered the name and prescribedparticulars of any person licensed under this Act to handlerestricted pesticides.
(2) The registers kept pursuant to subsection (1) shall be open to in- spection by any member of the public at all reasonable times and a copy ofeach register shall be published in the Gazette at such times as may be pre-scribed.
(3) Every application for the registration of a pesticide, for a licence to manufacture or import a registered pesticide, for authorisation to sell a re-stricted pesticide, for registration of the premises in which such restricted pes-ticide may be sold or for authorisation to use restricted pesticides shall bemade in the prescribed form and be accompanied by the relevant prescribed THE SUBSTANTIVE LAWS OF BELIZE
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fee, and, subject to provisions of this Act, the Board may grant any such appli-cation on such terms and conditions as it thinks fit, may refuse any such applica-tion, and may at any time after an application has been granted revoke anylicence, certificate or authorisation issued pursuant to that application.
(4) The Secretary shall issue to every person whose application, made pursuant to this section, is granted, the appropriate licence or certificate ofregistration or authorisation, as the case may require, in the prescribed form.
11. It shall be the duty of the Secretary - to remove from any of the registers mentioned in subsection(1) of section 10 any entry which the Board directs him inwriting to remove; to correct in accordance with the Board’s directions any entryin any such register which the Board directs him in writing tocorrect as being in the opinion of the Board an entry which isincorrectly made; and to make from time to time any necessary alterations in anyprescribed particulars contained in any such registers.
12.-(1) If any person who has obtained any registration, licence or authorisation pursuant to this Act is found upon enquiry by the Board to have procured such registration, licence or authorisation as the case may be, as a result of any misleading, false or fraudulent representation, the Board may if it thinks fit eithersuspend that registration, licence or authorisation as the case may be, for aperiod not exceeding one year, or direct the Secretary to delete the relevantentry from the appropriate register.
(2) The Board may at any time if it thinks just direct any entry which has been deleted from a register pursuant to subsection (1) to be reinstated.
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(3) The Board may, as soon as practicable after- any registration, licence or authorisation has been suspendedor deleted from a register; or the reinstatement of any registration, licence or authorisationwhich was deleted from a register, cause notice of the appropriate fact to be published in the Gazette. (4) Whenever any registration, licence or authorisation is deleted from a register, the Board may in writing require the person to whom such registra-tion, licence or authorisation had been granted to return to the Secretary therelevant certificate or licence, as the case may be, and such person shall com-ply with that requirement.
13.-(1) Pesticides not registered as required in section 6 or listed under sec- tion 8 shall be prohibited pesticides and accordingly shall not be brought into Provided that the Board may allow a person who has in his posses- sion or control any prohibited pesticide on the date of commencement ofthis section, or who had contracted to import any prohibited pesticide priorto such commencement, to dispose of such pesticide within a period notexceeding six months of such commencement in such manner as the Boardshall direct.
(2) A list of prohibited pesticides is given in the Fourth Schedule to this Act and this Schedule may be amended or replaced from time to time byorder, by the Minister in consultation with the Board.
No person shall package, label or advertise any pesticide in a manner that is false, misleading or deceptive, is likely to create an erroneous impres-sion regarding its character, value, quantity, composition, merit or safety, or is THE SUBSTANTIVE LAWS OF BELIZE
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inconsistent with the information supplied to the Board at the time of the appli-cation for registration.
15.-(1) The Minister may, in consultation with the Board, make regulations- respecting experimental samples of pesticides and matters re-lating thereto; for the licensing of persons to import, manufacture or sell re-gistered pesticides; relating to restricted pesticides, the authorisation and the eligi-bility therefor of persons to sell restricted pesticides and thepremises in which such pesticides may be sold; relating to persons authorised to use restricted chemicals, theiremployees and any medical or other examination which theymay be required to undergo; as respects the labelling, packaging, storage, transportation anduse of pesticides; governing the aerial application of pesticides; providing for the keeping of books and records by authorisedpersons, and by persons licensed under this Act to manufac-ture or import registered pesticides; relating to the designation of inspectors and official analysts,and the taking and analysing of samples; THE SUBSTANTIVE LAWS OF BELIZE
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for matters relating to examination by registered medical prac-titioners of various persons having contact with pesticides; prescribing that protective clothing be worn and other pre-cautions be taken by persons handling or having contact withparticular pesticides or classes thereof and imposing obliga-tions on employers of such persons with respect thereto; prescribing the permissible level of any pesticide or break-down product thereof, at any specified time, in any kind ofplant or animal product intended for consumption by humanbeings or domestic animals; regulating the periods during which particular pesticides mayor may not be used on certain agricultural crops; respecting the disposal of pesticides and packages; for the protection of persons who may suffer damage as aresult of the use, storage, manufacture or packaging of pesti-cides by others; exempting certain substances which may be used as pesti-cides from the provisions of this Act when being used other-wise than as pesticides; prescribing fees and forms in respect of any registration, li-cence or authorisation under this Act; and for giving further and better effect to the provisions of this Actand prescribing any other matter or thing whether similar tothe foregoing or not, which may be or is required by this Actto be prescribed.
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(2) Any regulation made under subsection (1) shall be subject to nega- tive resolution of the National Assembly.
16. The Minister may from time to time designate any technically qualified person whether by name or by the title of his office to be an inspector or analyst 17.-(1) An inspector may, in the performance of his functions under this Act or the regulations made thereunder, at any reasonable time enter on land or pre- mises registered for the sale or manufacture of a pesticide- on which a pesticide is being, has recently been, or is about tobe used, manufactured, sold, packaged or stored; on which apparatus and facilities required to be kept by theregulations are kept; or which an inspector has reasonable cause to believe to be landor premises mentioned in paragraphs (a) and (b): Provided that any inspector wishing to enter any premises under the pro- visions of paragraph (c) shall obtain a warrant from the magistrate or justice ofthe peace of the judicial district in which the place is situated before he enterssuch premises.
(a) require the production of and inspect, examine and copy regis- ters, records or other documents required to be kept by the regu-lations; (b) make examinations and enquiries to discover whether this Act THE SUBSTANTIVE LAWS OF BELIZE
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(c) require any person he finds on land or premises mentioned in subsection (1) to give information to the best of his knowledgeas to who is the occupier of that land and who is the employerof workers employed to work thereon; (d) seize and detain for such time as may be necessary any article by means of which or in relation to which he reasonably be-lieves any provisions of this Act or the regulations have beencontravened.
(3) Where an inspector seizes an article under paragraph (d) of sub- section (2) and the owner then consents to its destruction the article shallthereupon be forfeited to the Government and may be destroyed or otherwisedisposed of as the Board directs.
(4) An inspector may take samples of articles to which this Act and the regulations apply and submit such samples to an analyst for examination oranalysis without paying compensation to the owner.
18.-(l) Where an inspector or analyst makes an examination or analysis pur- suant to section 17, he may issue a certificate setting out the result of his ex-amination or analysis as the case may be.
(2) The certificate of an inspector or analyst stating that he has exam- ined or analysed an article or sample for the purpose of this Act and stating theresult of his examination or analysis, as the case may be, shall be admissible inevidence in a prosecution under this Act and shall be prima facie proof of thestatements contained in the certificate, but the party against whom it is pro-duced may require the attendance of the inspector or analyst issuing the cer-tificate for the purpose of cross-examining him.
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contravenes any of the provisions of this Act, or any regula-tions made thereunder; or forges or uses or lends to or allows to be used byanother person any licence or certificate issuedpursuant to this Act; or makes or has in his possession any documents soclosely resembling such licence or certificate as to becalculated to deceive; or assaults or obstructs any inspector or other officer desig-nated or appointed as the case may be under this Act, actingin the performance of his functions pursuant to this Act; or without proper authority interferes with, or disposes of, anyarticle seized or detained pursuant to paragraph (d) ofsubsection (2) of section 17; or bribes or attempts to bribe any inspector or other officerdesignated or appointed as the case may be under this Act,in connection with any matter arising in the performance ofany of his functions pursuant to this Act; or being an inspector or other officer designated or appointedunder this Act as the case may be, accepts or solicits anybribe in connection with any matter arising in the perfor-mance of any of his functions pursuant to this Act, commits an offence and shall be liable on summary conviction before a magis-trate to a fine not exceeding one thousand dollars or to imprisonment for a termnot exceeding twelve months or to both such fine and imprisonment.
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(2) A prosecution for any offence under subsection (1) shall be insti- Any person aggrieved by any decision of the Board may appeal to the Minister against such decision within such time and in such manner asmay be prescribed.
The Board shall consist of not more than fourteen members, ap- pointed by the Minister. Of the fourteen members, one shall be a personnominated by- In appointing the members to the Board, the Minister may consult with any organisation which he considers is interested in or will be affected by thecontrol of pesticides.
2. The appointment of a member shall, subject to the provisions of thisSchedule, be for a period not exceeding two years and such member shallbe eligible for reappointment.
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3. The Minister shall appoint one of the members to be Chairman thereof.
4. If the Chairman is unable to act, the Minister may appoint any member toact in the place of the Chairman.
5.-(1) Any member other than the Chairman may at any time resign his officeby instrument in writing addressed to the Minister and transmitted through theChairman and from the date of receipt by the Minister of such instrument thatmember shall cease to be a member of the Board.
(2) The Chairman may at any time resign his office by instrument in writing addressed to the Minister and such resignation shall take effect asfrom the date of receipt by the Minister of that instrument.
6. The Minister shall designate a public officer to perform the function ofSecretary of the Board.
7. If any vacancy occurs in the membership such vacancy shall be filled bythe appointment of another member by the Minister, and in making suchappointment, the Minister shall have regard to the provisions of paragraph 1.
8. The names of all members as first constituted and every change in themembership shall be published in the Gazette. 9. The Board may co-opt such persons, whether Government officers orotherwise, to attend particular meetings or parts thereof, as it thinks fit.
10. The funds of the Board shall consist of such monies as may from time totime be placed at its disposition for the purposes of this Act by the NationalAssembly, and such other monies as may be lawfully paid to the Board.
11. The Board shall keep proper accounts of its receipts, payments, assetsand liabilities, and such accounts shall be audited annually by the Auditor-Gen-eral.
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12.- (1) The Board shall, not later than three months after the end of eachfinancial year, cause to be made and transmitted to the Minister a report of itsactivities during the preceding financial year, including a statement of its ac-counts, audited in accordance with paragraph 11, and the Minister shall causecopies of such report, together with the auditor’s report, to be laid on theTables of the House of Representatives and of the Senate.
(2) The Board shall, before the date specified by the Minister, submit to the Minister for his approval estimates of revenue and expenditure for theensuing financial year.
13.-(1) The seal of the Board shall be kept in the custody of the Chairman orthe Secretary and shall be affixed to instruments pursuant to a resolution of theBoard in the presence of the Chairman or any other member acting in thatcapacity and the Secretary.
(2) The seal of the Board shall be authenticated by the signatures of the Chairman, or any other member authorised to act in that behalf, and theSecretary.
(3) All documents other than those required by law to be under seal made by and all decisions of the Board may be signified under the hand ofthe Chairman, or any other member authorised in that behalf, or the Secre-tary.
14.-(1) The Board shall meet at such times as may be expedient for the trans-action of its business and such meetings shall be held at such places and timesand on such days as the Board may determine.
(2) The Chairman or any member acting in that capacity shall preside (3) The Chairman may at any time call a special meeting of the Board and shall call a special meeting within seven days of the receipt of a THE SUBSTANTIVE LAWS OF BELIZE
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written requisition for that purpose addressed to him by any three members ofthe Board.
(4) A quorum of the Board shall be eight.
(5) Minutes in proper form of each meeting of the Board shall be kept.
(6) The validity of the proceedings of the Board shall not be affected by any vacancy amongst the members thereof.
15.-(1) The Board may appoint such committees as it thinks fit, and may del-egate to any committee so appointed the power and authority to carry out on itsbehalf such functions as the Board may determine, so that, however, no commit-tee so appointed shall have the power to make regulations.
(2) The constitution of any committee appointed pursuant to subpara- graph (1) shall be determined by the Board.
(3) The validity of the proceedings of a committee appointed pursuant to this paragraph shall not be affected by any vacancy amongst the members thereof.
16.-(1) No member of the Board shall be personally liable for any act or defaultof the Board done or omitted to be done in good faith in the course of theoperations of the Board.
(2) Where any member of the Board is exempt from liability by reason only of the provisions of this paragraph, the Board shall be liable to the extentthat it would be if the member were a servant or agent of the Board.
17. There shall be paid from the funds of the Board to the Chairman and othermembers of the Board such allowances as the Minister may prescribe.
18. The office of Chairman or member of the Board shall not be a public officefor the purpose of the Constitution of Belize.
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Common Names
PCB Reg. No.
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C o m m o n N a m e
P C B R e g . N o .
c h l o r p y r i f o s( l e s s t h a n 2 % c o p p e r a m m o n i u mc a r b o n a t e THE SUBSTANTIVE LAWS OF BELIZE
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Common Name
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Common Name
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Common Name
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Common Name
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A=acaricide, F=fungicide, H=herbicide, I=insecticide, K-bait, attractant,M=molluscicide, N=nematicide, R=rodenticide, V=avicide, Z=bactericide THE SUBSTANTIVE LAWS OF BELIZE
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Common Name
PCB Reg. No.
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Common Name
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Common Name
PCB Reg. No.
A=acaricide, F=fungicide, H=herbicide, I=insecticide, K=bait, attractant, M=molluscicide, N=nematicide, R=rodenticide, V=avicide, Z=bactericide.
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Highly toxic acid usedwith CC14, a carcinogen Environmental pollutant;suspected carcinogen.
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PCB Reg. No.
Common Name
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PCB Reg. No.
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PCB Reg. No.
Common Name
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A=acaricide, F=fungicide, H=herbicide, I=insecticide, K=bait, attractant, M=molluscicide, N=nematicide, R=rodenticide, V=avicide, Z=bactericide THE SUBSTANTIVE LAWS OF BELIZE
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