- ARRANGEMENT OF SECTIONS
- 1. Interpretation
- 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
- 7. Rules
- 8. Prohibition on importation, manufacture, formulation, use, distribution, etc., of pesticides
- 9. Importation of pesticides prohibited without a permit
- 10. Application for registration or for permit to import
- 11. Registration
- 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
- 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 powers 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
- 37. Forfeiture
- 37. Forfeiture
- 38. Regulations
Pesticides (Control) Act [Cap 226]
LAWS OF THE REPUBLIC OF VANUATU CONSOLIDATED EDITION 2006
Commencement: 16 March 1998
CHAPTER 226 PESTICIDES (CONTROL)
Act 11 of 1993
ARRANGEMENT OF SECTIONS
1. Interpretation 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 7. Rules 8. Prohibition of importation, manufacture, formulation, use, distribution, etc., of pesticides 9. Importation of pesticides prohibited without a permit 10. Application for registration or for permit to import 11. Registration 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 37. Forfeiture 38. Regulations
PESTICIDES (CONTRON( �/span>
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.
1. Interpretation 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.
2. Establishment of a Pesticides Committee There is hereby established a Committee to be known as the Pesticides Committee. 3. Registrar of Pesticides (1) There shall be a Registrar of Pesticides, who shall perform the functions assigned to him under this Act or regulations made thereunder. (2) The officer who holds the office of the Principal Plant Protection Officer in the Department of Agriculture shall be the Registrar of Pesticides. 4. Constitution of the Pesticides Committee (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 (1) 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. 5. Meetings of the Committee (1) Meetings of the Committee shall be held at least once in every year and at such other times as the Chairman may consider it necessary. (2) Five members of the Committee shall form a quorum for any meeting of the Committee.