Vanuatu Sessional Legislation
Commencement: 16 March 1998
REPUBLIC OF VANUATU
PESTICIDES (CONTROL) ACT
NO. 11 OF 1993
Arrangement of Sections
2. Establishment of a Pesticides Committee
3. Registrar of Pesticides
4. Constitution of the Pesticides Committee
5. Meetings of the Committee
6. Functions and duty of the Committee
9. Importation of pesticides prohibited without a permit
10. Application for Registration or for permit to import
12. Issue of Certificate of Registration
13. Additional Information
14. Registration for restricted use and limited marketing
15. Register to be maintained by persons who import restricted use pesticides
16. Label to be approved before registration
17. Register of pesticide
18. Approved pesticide
19. Alteration in package or composition
20. Approved container or package
21. Permit to import a pesticide
22. Return to be furnished by the permit holder
23. Permit to import a pesticide for research purposes
24. Cancellation and suspension etc of certificate or permit
25. Adulterated, decomposed or deteriorated pesticides
26. Storage, transport and sale of pesticides in close juxtaposition with foodstuffs
27. Advertisement of pesticides
28. Storage of pesticides in bulk
29. Harvesting of crops
30. Inspectors and their power and functions
31. Analysis of samples
32. Seizure of articles
33. Procedure in respect of articles seized
34. Cost and expenses of analysis, examination, seizure, detention destruction etc
35. Exemption of pesticides currently sold offered for sale etc
36. Penalty for contravention of this Act
REPUBLIC OF VANUATU
PESTICIDES (CONTROL) ACT
NO. 11 OF 1993
An Act to make provisions for the regulation and control of the importation, manufacture, sale, distribution and use of pesticides, and for matters connected therewith.
BE IT ENACTED by the President and Parliament as follows: -
1. In this Act unless the context otherwise requires -
“active ingredient” means the biologically acting part of the pesticide present in the formulation;
“adjuvant” means any product used as an aid to the application or effectiveness of a pesticide and includes stickers, spreaders, emulsifying agents and synergists;
“appointed member” means any member of the Committee appointed under paragraph (b) of subsection (1) of section 4;
“approved container” means the container approved by the Committee under section 20;
“approved label” means a label approved by the Committee under section 16;
“approved package” means a package approved by the Committee under section 20;
“authorized analyst” means any laboratory, institute, organization in Vanuatu or outside Vanuatu approved by the Pesticides Committee;
“authorized user” means any person authorized by the Committee to use a restricted use pesticide;
“certificate” means certificate of registration issued under section 12;
“Committee” means the Pesticides Committee established under section 2;
“formulation” means the combination of various ingredients designed to render the product useful and effective for the purpose claimed, the form of the pesticide as purchased by users;
“hazard” means the likelihood that a pesticide will cause an adverse effect (injury) under the conditions in which it is used;
“label” means the written, printed or graphic matter on, or attached to the pesticide, or the immediate container thereof and the outside container or wrapper of the retail package of the pesticide;
“Minister” means the Minister responsible for agriculture;
“permit” means the permit to import a pesticide issued under section 21;
“permit holder” means the holder of a permit issued under section 21;
“pest” means any organism including any pathogen which is known or suspected or liable to be directly or indirectly harmful to plants, animals or man or is in any other way deemed harmful or objectionable;
“pesticide” means any substance or mixture of substances for preventing, repelling, destroying or controlling any pest, and shall include substances intended for use as an insect growth regulator, a biopesticide, a plant-growth regulator, defoliant, desiccant, or agent for thinning fruit or preventing the premature fall of fruit, and substances applied to crops either before or after harvest to protect the commodity from deterioration during storage and transport;
“Registrar” means the Registrar of Pesticides appointed under section 3;
“registered pesticide” means a pesticide which is registered under section 11 and in respect of which a certificate is issued under section 12;
“restricted use pesticide” means any pesticide in respect of which a certificate is issued under section 14, for the restricted use of that pesticide.
ESTABLISHMENT OF A PESTICIDES COMMITTEE
REGISTRAR OF PESTICIDES
(2) The officer who holds the officer of the Principal Plant Protection Officer in the Department of Agriculture shall be the Registrar of Pesticides.
CONSTITUTION OF THE PESTICIDES COMMITTEE
4. (1) The Committee shall consist of –
(a) the following ex-officio members namely –
(i) the Director of Agriculture who shall be the Chairman of the Committee;
(ii) the Director of Health;
(iii) the Commissioner of Labour;
(iv) the principal officer – Animal Health and Production;
(v) the Principal Environmental Officer;
(vi) the Registrar of Pesticides appointed under section 3; and
(b) not more than three persons who are experienced in the use of pesticides, or in pest control and related scientific disciplines, who shall be appointed by the Minister;
(c) if an officer mentioned in paragraph (a) of subsection (i) is unable to attend any meeting of the committee he may authorize any other officer in his department to represent him at such meeting.
(2) Every appointed member shall unless he vacates office by resignation, death or removal hold office for a period of two years from the date of appointment to such office.
(3) The Minister may, if he considers it expedient to do so remove by order published in the Gazette, any appointed member of the Committee.
(4) Any appointed member who vacates office other than by removal, shall be eligible for reappointment.
(5) Any appointed member may resign his office by notice in writing addressed to the Minister.
(6) The Committee may discharge its functions notwithstanding any vacancy among its members.
MEETINGS OF THE COMMITTEE
(2) 5 members of the Committee shall form a quorum for any meeting of the Committee.
(3) Subject to the provisions of this Act, the Committee may regulate the procedure in regard to the meetings of the Committee and the transaction of business at such meetings.
(4) The Chairman of the Committee shall if present, preside at all meetings of the Committee. In the absence of the Chairman from any such meeting, the members present shall elect one of the members to preside at such meetings.
FUNCTIONS AND DUTY OF THE COMMITTEE
6. (1) The functions of the Committee shall be -
(a) to assess and evaluate any application for the registration of pesticides or for the import of any pesticide;
(b) to determine the conditions of use of any pesticide;
(c) to promote the efficient, prudent and safe use of pesticides;
(d) to administer the provisions of this Act and the regulations made thereunder.
(2) It shall be the duty of the Committee to advise the Minister on matters arising out of the administration of this Act and to carry out other functions assigned to it under this Act.
PROHIBITION ON IMPORTATION, MANUFACTURE, FORMULATION, USE, DISTRIBUTION ETC OF PESTICIDES
(a) such pesticide is registered and a certificate of registration is obtained under this Act;
(b) such pesticide is contained in the original container, or in an approved container or approved package and an approved label is conspicuously fixed on such container or package.
IMPORTATION OF PESTICIDES PROHIBITED WITHOUT A PERMIT
(a) such pesticide is a registered pesticide; and
(b) a permit has been obtained under section 21 in respect of such importation.
APPLICATION FOR REGISTRATION OR FOR PERMIT TO IMPORT
(2) An application fee of VT2,000 shall be furnished with every application made under subsection (1).
(3) Every application under subsection (1), for registration of a pesticide shall contain the following particulars: -
(a) the name and address of the applicant;
(b) the name and address of the manufacturer, producer and supplier of the pesticide in respect of which such application is made;
(c) the trade name of the pesticide;
(d) the common chemical name of the active ingredient or ingredients;
(e) a copy of the draft label which shall be affixed on any container or package in which such pesticide shall be sold;
(f) samples of the container in which such pesticide shall be distributed or sold;
(g) a statement of the claim made by the manufacturer or producer of such pesticide as to its uses, potency, shelf-life and effect;
(h) a statement of the composition of such pesticide, its chemical identity, net weight, its stability in storage, methods of use and date of expiry for usage;
(i) adequate toxicological data concerning such pesticides and their breakdown products including information on antidotes and environmental impact;
(j) methods or analysis of the formulated compound;
(k) methods for the determination of the residue of such pesticide;
(l) report of official or other experimental stations or laboratory on biological tests concerning the efficacy of such pesticide;
(m) such other information relating to the efficacy or safety of the pesticide as may be required by the Committee.
(a) register the pesticide; or
(b) register the pesticide subject to such terms and conditions the Committee may consider necessary under this Act; or
(c) refuse registration of the pesticide and state reasons for such refusal.
(2) The Committee may refuse registration under paragraph (c) of subsection (1) -
(a) if the applicant fails to establish that the pesticide is effective;
(b) if the Committee is of the opinion that the use of the pesticide is likely to give rise to an unacceptable hazard to the environment or users;
(c) if the Committee considers it necessary in the interest of the public to do so; or
(d) if the applicant fails to furnish the necessary particulars as required under this Act or regulations made thereunder.
ISSUE OF CERTIFICATE OF REGISTRATION
(2) The certificate issued under subsection (1) -
(a) shall be valid for such period which shall be not more than 5 years and specified in that certificate and shall be subject to such terms and conditions if any subject of which the registration of such pesticide was effected;
(b) may be renewed by the Committee for a period not exceeding 5 years at a time, on application made to the Committee not less than 30 days before the expiry of the validity period of that certificate.
REGISTRATION FOR RESTRICTED USE AND LIMITED MARKETING
(2) No person shall sell, offer for sale, give or distribute a restricted use pesticide to any person other than to an authorized user and no use shall be made of such pesticide other than that approved by the Committee.
REGISTER TO BE MAINTAINED BY PERSONS WHO IMPORT RESTRICTED USE PESTICIDES
LABEL TO BE APPROVED BEFORE REGISTRATION
(a) the trade name of the pesticide;
(b) the net weight or volume of pesticide;
(c) the chemical names, common chemical names and percentages of active ingredients or acid equivalents as appropriate;
(d) adequate directions concerning the manner in which the pesticide is to be used;
(e) adequate warning and precautionary symbols and statements including first aid and antedote information;
(f) any other particulars as may be prescribed under this Act.
(2) Where the registration of a pesticide has been effected under this Act, no change in respect of any matters set out in paragraphs (a) to (f) of subsection (1) of this section shall be made without the prior approval of the Committee.
REGISTER OF PESTICIDE
(2) Every pesticide entered in the Register shall be given a number to be known as the registration number.
(2) Every declaration made under subsection (1) shall be approved by the Minister and published in the Gazette.
(3) Where the approved pesticide declared under subsection (1), is a restricted use pesticide, the Committee shall in its declaration specify the authorized persons approved by the Committee to whom such pesticide shall be supplied and the mode and manner of use of such pesticide.
ALTERNATION IN PACKAGE OR COMPOSITION
APPROVED CONTAINER OR PACKAGE
PERMIT TO IMPORT A PESTICIDE
(a) issue such permit; or
(b) issue such permit subject to such terms and conditions the Committee may consider necessary under this Act; or
(c) refuse to issue the permit and shall state the reasons for such refusal.
(2) Subject to the provisions of this Act the Committee shall not issue a permit to import a pesticide under subsection (1), unless that pesticide is a registered pesticide.
(3) A copy of every permit issued by the Committee under subsection (1) shall be sent to the Director of Customs within 7 days from the date of issue of such permit.
(4) The Director of Customs shall render to the Minster at the end of every quarter of each calendar year, a return of quantities of each pesticide imported under the permit.
RETURN TO BE FURNISHED BY THE PERMIT HOLDER
PERMIT TO IMPORT A PESTICIDE FOR RESEARCH PURPOSES
(a) may restrict the use of such pesticide for research purposes;
(b) may evaluate and approve the research proposals in respect of the pesticide;
(c) may at its discretion waive all or any of the requirements under any provision of this Act in respect of import of a pesticide;
and grant a permit authorizing the import of any specified quantity of pesticides or pesticide component for such research or evaluation purposes.
CANCELLATION AND SUSPENSION ETC OF CERTIFICATE OR PERMIT
(b) Where the Committee considers it necessary in the interest of the public to do so,
the Committee may, cancel or suspend the registration of that pesticide and the certificate and permit if any, issued in respect of it.
(2) Where the Committee cancels or suspends the registration and the certificate or permit issued in respect of a pesticide under subsection (1) the Committee shall state the reasons for such cancellation, or suspension, as the case may be.
(3) Where any cancellation or suspension takes place in respect of a pesticide under subsection (1) such pesticide shall cease to be an approved pesticide and the Committee may -
(a) with the approval of the Minister revoke the declaration made in respect of such pesticide under section 18; and
(b) destroy or otherwise dispose of such pesticide in the prescribed manner.
ADULTERATED, DECOMPOSED OR DETERIORATED PESTICIDES
STORAGE, TRANSPORT AND SALE OF PESTICIDES IN CLOSE JUXTAPOSITION WITH FOODSTUFFS
26. No person shall store, transport, sell or offer for sale any pesticide in close juxtaposition with foodstuffs, apparel or furnishings or in any such manner as would result in the contamination of such foodstuffs, apparel or furnishings.
ADVERTISEMENT OF PESTICIDES
(2) It shall be unlawful to advertise any pesticide in a manner that is false, misleading or deceptive, and not justified by the conditions of its registration.
(3) Any claim for a pesticide contained in any advertisement or device shall be in accordance with the label statements referred to in section 16, and not the contrary to the requirements of subsection (2) of this section.
STORAGE OF PESTICIDES IN BULK
(2) A notice shall be displayed in a conspicuous position outside the store indicating the hazardous nature of its contents.
HARVESTING OF CROPS
INSPECTORS AND THEIR POWERS AND FUNCTIONS
(2) For the purposes of this section and sections 33, 34 and 38 ‘article’ means
(a) any pesticide;
(b) anything used or capable of being used for the manufacture preparation, preservation, packaging, or storage of any pesticide;
(c) any labeling, or promotional or informative material.
PROCEDURE IN RESPECT OF ARTICLES SEIZED
(2) Where the owner or the person in possession of such article does not agree in writing to the destruction of such article, the Committee -
(a) shall release such article if it is satisfied that the provisions of this Act or any regulations made thereunder in respect of such article have not been contravened; or
(b) shall where it is satisfied that there has been a contravention of any provision of this Act or any regulations made thereunder, forthwith, with notice to such owner or person in possession of the article, inform the magistrates court having jurisdiction over the area in which the offence was committed of the seizure of the article in respect of which the offence was committed.
(3) On information furnished to the court under subsection (2)(b) such court shall -
(a) if, after trial, if funds the owner or person in possession of the article, guilty of contravening any of the provisions of this Act or regulations made thereunder, order that such article be forfeited to the Committee to be disposed of in the prescribed manner;
Provided, however, that where the offender is not known or cannot be found such article shall be forfeited to the Committee without the institution of proceedings in respect of such contravention; or
(b) if, after trial, if finds the owner or person in possession of the article not guilty of contravening any of the provisions of this Act or regulations made thereunder, order that such article be released to such owner or person in possession.
COST AND EXPENSES OF ANALYSIS, EXAMINATION, SEIZURE, DETENTION DESTRUCTION ETC
EXEMPTION OF PESTICIDE CURRENTLY SOLD, OFFERED FOR SALE ETC
PENALTY FOR CONTRAVENTION OF THIS ACT
(2) Where an offence under this Act is committed by a body of persons, then -
(a) if that body of persons is a body corporate, every director, manager, secretary or officer of that body corporate; or
(b) if that body of persons is a firm, every partner of that firm,
shall be deemed to be guilty of that offence:
Provided, however, that no such person shall be deemed to be guilty of an offence if he proves that such offence was committed without his knowledge or that he exercised due diligence to prevent the commission of the offence.
(i) setting forth the content, position, size and colouring of the label as well as the system or systems of weights or measures to be stated in the label;
(ii) setting forth special provisions with regard to the substances or operations which present a high or unusual degree of hazard, such special provisions may in particular -
(a) provide for the laboratory and field evaluation of certain substances;
(b) regulate the marketing or distribution of certain substances as may be necessary to safeguard third parties, the environment and wildlife resources other than such noxious plants and animals whose control is desired;
(iii) fixing the dates on which the marketing and sale of pesticides registered shall cease and the disposal of such pesticides;
(iv) establishing standards or technical competence and equipment used by any person or body of persons engaged in the manufacture, formulation and packing of pesticides;
(v) the designation of any product as a pesticide formulation;
(vi) the manner of use of pesticides.
(vii) the place and manner in which any article shall be destroyed or disposal under this Act; and
(viii) any other matters necessary for the betting carrying out of the provisions of this Act.
39. This Act shall come into force on the date of its publication in the Gazette.