AGRICULTURAL PESTICIDES ORDINANCE

AGRICULTURAL PESTICIDES ORDINANCE

LAWS OF HONG KONG

AGRICULTURAL PESTICIDES ORDINANCE

CHAPTER 133





CHAPTER 133

AGRICULTURAL PESTICIDES ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I 1

PRELIMINARY

1 ........Short title ........................ ... ... ... ... ... ... ... ... 2
2..........Interpretation ..................... .. ... ... ... ... ... ... ... ... 2
3..........Application ........................ ... ... ... ... ... ... ... ... 3

PART 11

REGISTRATION OF AGRICULTURAL PESTICIDES

4......................Register of agricultural pesticides . ... ... ... ... ... ... ... ... 3

5..........Registration ...................... ... ... ... ... ... ... ... ... 3

6...............................Power of Director to cancel or modify registration ... ... ... ... 4

PART Ill

CONTROL OF AGRICULTURAL PESTICIDES

7..........................Control of registered agricultural pesticides ... ... ... ... ... ... 4
8..........................Control of unregistered agricultural pesticides ... ... ... ... ... ... 4
9..........................Licence or permit for agricultural pesticides ... ... ... ... ... ... 5

10.....................Cancellation or suspension of licence ... ... ... ... ... ... ... ... 5

11..............Cancellation of permit ........ ... ... ... ... ... ... ... ... ... ... 6

12........................Notice of intention to cancel or suspend ... ... ... ... ... ... ... 6

13. Directions on disposal of agricultural pesticide where licence or permit

cancelled ................................. ... ... ... ... ... ... 6

PARTIV

MISCELLANEOUS

14.................Appointment of inspectors ... ... ... ... ... ... ... ... ... ... 6
15.................Powers of entry, seizure, etc. ... ... ... ... ... ... ... ... ... 7

16.......Appeals ............................. ... ... ... ... ... ... ... ... 7

17..............Offences and penalties ....... ... ... ... ... ... ... ... ... ... ... 7

18..........Forfeiture ....................... ... ... ... ... ... ... ... ... 8
19..........Regulations ...................... ... ... ... ... ... ... ... ... 8

20.....................................Trademarks, merchandise marks, patents and copyright not affected ... 9

21.........................................Pharmacy and Poisons Ordinance not to apply to agricultural pesticides 9

22........................Dangerous Goods Ordinance to apply 1 ... ... ... ... ... 9

23..............Transitional provisions ...... ... ... ... ... ... ... ... ... ... ... 10











CHAPTER 133

AGRICULTURAL PESTICIDES

To provide for the registration and control of agricultural pesticides
and for matters connected therewith.

[15th July, 1977.1

PART I

PRELIMINARY
1. This Ordinance may be cited as the Agricultural Pesticides
Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'agricultural pesticide' means any insecticide, fungicide, herbicide,
nematocide, molluscicide or any substance (whether organic or
inorganic) having any of the properties of

(a) destroying or repelling any insect, mite, mollusc, nematode,



fungus, bacterium, virus of other pest capable of destroying
or damaging plants;

(b)directly or indirectly controlling the activity of, or preventing or
mitigating the harmful effect on plants of, any such pest;

(e) destroying weeds;

(d) acting as a bird or animal repellent, plant growth regulator,



defoliant or desiccant;

'Director' means the Director of Agriculture and Fisheries and the
Deputy Director of Agriculture and Fisheries;

'inspector' means any public officer authorized to be an inspector
under section 14;

'licence' means a licence to import, sell or supply registered agricultural
pesticides issued under section 9;

'member of the Customs and Excise Service' means any person holding
an office specified in the First Schedule to the Customs and Excise
Service Ordinance; (Amended, 46 of 1977, s. 18)

'permit' means a permit to import, be in possession of. sell or supply an
unregistered agricultural pesticide issued under section 9;

'plants' include trees, bushes and seeds;

'register- means the register of agricultural pesticides maintained under
section 4;

'registered agricultural pesticide' means an agricultural pesticide which
is registered in the register;

'unregistered agricultural pesticide- means an agricultural pesticide
which is not registered in the register.











3. (1) This Ordinance shall not apply to an agricultural pesticide which

(a) is not in a liquid, powder or granular form;

(b) is contained in an aerosol dispenser;

(c) is in transit; or

(d) is transhipped in Hong Kong.

(2) For the purposes of subsection (1)(b), 'aerosol dispensermeans a
container incorporating a valve constructed and adapted to contain a substance
which is kept at a pressure greater than atmospheric pressure by means of a gas
and is thereby discharged from the container when the valve is opened.

(3) For the purposes of subsection (1)(c), an agricultural pesticide is in
transit if it is destined for a place outside Hon. Kong and is passing through
Hong Kong on the same ship, aircraft or vehicle without transhipment.

(4) For the purposes of subsections (1)(d) and (3), an agricul-



tural pesticide is in transhipment if it is consigned on a through bill of lading or
air waybill from a place outside Hon. Kong to another place outside Hone,
Kong and is or is to be removed from the ship,

c

vehicle, train or aircraft in which it was imported and either returned to the same
ship, vehicle, train or aircraft or transferred to another ship. vehicle, train or
aircraft before being exported, whether it Is or is to be transferred directly
between such ships, vehicles, trains or aircraft or whether it is to be landed in
Hong Kong after its importation and stored, pending exportation.

PART 11

REGISTRATION OF AGRICULTURAL
PESTICIDES

4. The Director shall maintain a register of agricultural pesticides in which

(a)Part 1 shall contain a list of all agricultural pesticides the registration
of which is not subject to conditions imposed under this Part; and

(b)Part II shall contain a list of all agricultural pesticides the registration
of which is subject to conditions imposed under this Part.

5. (1) Any person may apply to the Director for registration of an
agricultural pesticide.

(2) An application under subsection (1) shall be made in writing in the
prescribed manner.

(3) After considering an application under subsection (1) the Director may





(a)register the agricultural pesticide in Part I or II of the register; or

(b) refuse to register it.

(4) The Director may register an agricultural pesticide in Part 1 or Part 11
of the register although an application for registration of the agricultural
pesticide has not been made under subsection (1).

(5) The Director may register an agricultural pesticide subject to such
conditions as he may think fit.

6. The Director may at any time-

(a)cancel the registration of an agricultural pesticide in Part 1 of the
register and register it in Part 11 of the register subject

C?

to such conditions as he may think fit;

(b)modify or add to, or cancel, any condition imposed by, him under
this Part in respect of the registration of an agricultural pesticide; or

(c)cancel or suspend the registration of an agricultural pesticide if it
appears to him to be necessary in the interests of public safety.

PART 111

CONTROL OF AGRICULTURAL
PESTICIDES

7. (1) Save under and in accordance with a licence. no person shall

(a) import into or cause to be imported into Hong Kong;

(b) sell or offer or expose for sale; or

(c) supply or offer to supply,

any registered agricultural pesticide.

(2) Subsection (1)(b) and (c) shall not apply to any person who

(a)is not engaged in the trade or business. whether for wholesale, retail
or otherwise. of selling, offering or exposing for sale, supplying or
offering to supply agricultural pesticides; and

(b)sells, offers or exposes for sale, supplies or offers to supply any
agricultural pesticide which he acquired for his own use in connexion
with agricultural pursuits carried on by him.

8. Save under and in accordance with a permit, no person shall

(a) import into or cause to be imported into Hong Kong;





(b) sell or offer or expose for sale; (e) supply or offer to supply; or (d)
have in his possession, any unregistered agricultural pesticide.

9. (1) An application for a licence or permit shall be made in writing
to the Director in the prescribed manner.

e,

(2) After considering an application under subsection (1) the
Director may

(a)issue to the applicant a licence or a permit, as the case may be;
or

(b) refuse to issue a licence or permit.

(3) Where the Director refuses to issue a licence or a permit he shall
send to the applicant a notice of the refusal and state in the notice the
reasons for the refusal.

(4) A licence may authorize the holder in respect of-

(a) registered agricultural pesticides generally;



(b)all agricultural pesticides registered in Part 1 of the register or
any such agricultural pesticides as may be specified in the
licence; or

(c)all agricultural pesticides registered in Part 11 of the register or
any such agricultural pesticides as may be specified in the
licence.

(5) The Director may issue a licence subject to such conditions as
he may think fit.

(6) A licence authorizing the sale of an agricultural pesticide
registered in Part 11 of the register shall be subject to the conditions of
registration of that agricultural pesticide imposed under Part II.

(7) The Director l-nay issue a permit subject to such conditions as
he may think fit and any permit issued shall specify the unregistered
agricultural pesticide to which it relates.

(8) The Director may at any time vary the particulars of a licence or
permit or modify, add to, or cancel, the conditions of a licence or permit.

10. Subject to section 12, the Director may cancel, or suspend for
such period as he may think fit, a licence

(a) for breach of this Ordinance;

(b) for breach of any of the conditions of the licence; or

(c)if it appears to him to be necessary in the interests of public
safety.





11. Subject to section 12, the Director may cancel a permit-

(a) for breach of this Ordinance;

(b) for breach of any of the conditions of the permit; or

(e)if it appears to him to be necessary in the interests of public safety.

12. (1) Where the Director intends to cancel or suspend a licence under
section 10 or cancel a permit under section 11, he shall give to the holder of the
licence or permit 14 days' notice in writing of his intention to cancel or suspend
the licence or cancel the permit as the case may be and the notice shall specify
the grounds for the intended cancellation or suspension.

(2) The holder of a licence or permit may, within the 14 day period
referred to in subsection (1), make written submissions to the Director as to
why his licence or permit should not be cancelled or his licence suspended as
the case may be.

13. (1) Where the Director cancels a licence or a permit under section 10 or
11 he may give to the licence holder or permit holder such directions as he
thinks fit for the disposal of the agricultural pesticide to which the licence or
permit relates and for the disposal of any container containing that agricultural
pesticide.



(2) A licence holder or permit holder referred to in subsection (1) may
apply in writing to the Director for a variation of any direction given under that
subsection, stating the grounds of the application and the facts and
circumstances relied upon in support of those grounds.

(3) The Director shall consider every application under subsection (2) and
shall within 14 days from the receipt of any such application advise the licence
holder or permit holder in writing of his decision to confirm or vary the
directions given under subsection

(1).

(4) Where any licence holder or permit holder referred to in subsection (2)
appeals pursuant to section 16 against a decision under subsection (3), any
period for compliance embodied in such direction shall be extended by the
period between presentation of the appeal and notification of the Governor's
decision.

(5) Any act done or omitted to be done in the carrying out of any direction
given under this section shall not constitute an offence under this Ordinance.

PART IV

MISCELLANEOUS

14. The Director may appoint in writing any public officer to be an
inspector for the purposes of this Ordinance.





15. (1) If it appears to a magistrate upon the oath of any person that
there is reasonable cause to suspect that there is in any place or
premises any agricultural pesticide in respect of which an offence under
this Ordinance is being or has been committed, the magistrate may by
warrant authorize any inspector or member of the Customs and Excise
Service with such assistants as may be necessary to enter the place or
premises, by force if necessary, and search the place or premises named
in the warrant.

(2) In any premises or place entered pursuant to subsection (1) an
inspector or member of the Customs and Excise Service may

(a)seize and. detain any article, document or thing which appears
to him to be or to contain evidence of an offence under this
Ordinance;

(b)open and examine any article, document or thing specified in
paragraph (a).

(3) An inspector upon production of his authority as an inspector
or any member of the Customs and Excise Service may, at any time
between the hours of 9 a.m. and 6 p.m., without a warrant enter any
premises or place in or upon which he reasonably suspects any
agricultural pesticide is kept, stored, sold or offered or exposed for sale
and may

(a) require the production of-

(i) any licence or permit or

(ii) any document which relates to the origin or nature of
any agricultural pesticide or which he suspects to be relevant
to an offence under this Ordinance;

(b)examine and take copies of any licence or permit or of any
document referred to in paragraph (a); and

(c)require such other information and take, on payment therefor,
such samples as may be necessary for the purposes of the
inspection.

(Amended, 46 of 1977, s. 18)

16. Any person who is aggrieved by any decision of the Director
under this Ordinance may, within 28 days after the receipt of the
notification of the decision, appeal therefrom to the Governor and on
any such appeal the Governor may confirm, vary or revoke the decision
of the Director.

17. (1) Any person who contravenes section 7 or 8 commits an
offence and is liable on conviction to a fine of $50,000 and to
imprisonment for 1 year.

(2) Any holder of a licence who contravenes any of the conditions
of his licence or any holder of a permit who contravenes any of the
conditions of his permit commits an offence and is liable on conviction
to a fine of $25,000 and to imprisonment for 6 months.





(3) Any person who-
(a)wilfully obstructs an inspector or member of the Customs
and Excise Service in the exercise of any power under
section 15; (Amended, 46 of 1977, s. 18)
(b)refuses to allow any sample to be taken in accordance with
section 15(3);
(c)fails without reasonable excuse to produce any licence,
permit or document, or to give any information, when re-
quired to do so under section 15(3); or
(d)fails without reasonable excuse to obey a direction given by
the Director under section 13,

commits an offence and is liable on conviction to a fine of $10,000
and to imprisonment for 6 months.

18. (1) A magistrate may, on application by the Crown, order
to be forfeited any agricultural pesticide, or any container containing
an agricultural pesticide, with respect to which any offence under this
Ordinance has been committed, whether or not any person has been
convicted of such offence and upon the making of an order of for-
feiture such agricultural pesticide or container shall be deemed to be
the property of the Crown free from all rights of any person.

(2) In any proceedings under subsection (1), any statement or
other indication of the nature of any agricultural pesticide written
upon or indicated on the container, or on any box or other covering
of whatever nature enclosing the agricultural pesticide or the con-
tainer, shall, until the contrary is proved, be deemed to be a true
description of the agricultural pesticide or of the contents of the
container, as the case may be.

19. (1) The Governor in Council may by regulation provide
for-
(a)applications for registration of agricultural pesticides in-
cluding the information to be supplied by applicants
therefor;
(b)the imposition of conditions on registration in Part 11 of
the register;

(c)the cancellation and suspension for any period of regis-
tration;
(d) the form and contents of the register;

(e)the proof of matters relating to registration by the produc-
tion of certificates;

(f) the issue of licences and permits including-
(i) the information to be supplied by applicants therefor;
(ii) the imposition of conditions thereof;
(iii) the cancellation and suspension for any period
thereof;





(g)the duration of licences and permits and the renewal of
licences;

(h) the surrender of licences and permits;

(i) the issue of duplicate licences and permits;

(j)the containers for agricultural pesticides or classes or types of
agricultural pesticides including

(i) the shape and size;

(ii) the design and colour; (iii) the
composition; and (iv) the
labelling and marking,

of such containers;

(k)the storage of agricultural pesticides and conditions under
which they are to be kept;

(1)the approval of premises for the storage, repackaging or sale
of agricultural pesticides;

(m) the sale and supply of agricultural pesticides;

(n) the advertisement of agricultural pesticides;

(o) the forms to be used;

(p) fees and charges;

(q)exemption by the Director from compliance with any
regulation, either generally or in a particular case:

(r)generally for the better carrying out of the provisions of this
Ordinance.

(2) Regulations made under this section may provide that a
contravention of specified provisions thereof shall be an offence and
may provide penalties therefor not exceeding a fine of $10,000 and
imprisonment for 1 year.

20. The registration of, or issue of any licence or permit in respect
of, an agricultural pesticide by the Director under section 5 or 9
respectively shall not grant to any person any proprietary right in
respect of that agricultural pesticide and shall not confer or affect any
rights under the Trade Marks Ordinance, the

Ordinance, the Registration of United Kingdom Patents
Ordinance or the Copyright Ordinance.

21. Subject to section 23, the Pharmacy and Poisons Ordinance
shall not apply to any agricultural pesticide to which this Ordinance
applies.

22. Nothing in this Ordinance shall derogate from the provisions of
the Dangerous Goods Ordinance.





23. (1) Notwithstanding anything in this Ordinance a person
who, immediately before the commencement of this Ordinance-

(a) had in his possession any agricultural pesticide; or
(b)is carrying on a business of selling, offering or exposing for
sale or supplying or offering to supply any agricultural
pesticide,

shall be entitled to have in his possession that agricultural pesticide
or to continue to carry on that business without a licence or permit-
(i) for the period of 6 months from the commencement of this
Ordinance; and
(ii) if before the expiry of that period he applies for a licence
or permit, until the licence or permit is issued, or finally
refused.

(2) A person may import into Hon. Kong any agricultural
pesticide without a licence or permit during a period of 6 months
immediately following the commencement of this Ordinance if that
agricultural pesticide was ordered not less than 2 months before the
commencement of this Ordinance.

(3) The Pharmacy and Poisons Ordinance in force at the com-
mencement of this Ordinance shall apply to any agricultural pesticide
imported before the commencement of this Ordinance or imported
under subsection (2) if such agricultural pesticide is an agricultural
poison within the meaning of that Ordinance.
Originally 38 of 1977. 46 of 1977. L.N. 166/77. Short title. Interpretation. 1967 c. 50, s. 2. (Cap. 342.) Application. Register of agricultural pesticides. Registration. Power of Director to cancel or modify registration. Control of registered agricultural pesticides. Control of unregistered agricultural pesticides. Licence or permit for agricultural pesticides. Cancellation or suspension of licence. Cancellation of permit. Notice of intention to cancel or suspend. Directions on disposal of agricultural pesticide where licence or permit cancelled. Appointment of inspectors. Powers of entry, seizures, etc. Appeals. Offences and penalties. Forfeiture. Regulations. Trademarks, merchandise marks, patents and copyright not affected. (Cap. 43.) (Cap. 41.) (Cap. 42.) (Cap. 39.) Pharmacy and Poisons Ordinance not to apply to agricultural pesticides. (Cap. 138.) Dangerous Goods Ordinance to apply. (Cap. 295.) Transitional provisions. (Cap. 138.)

Originally 38 of 1977. 46 of 1977. L.N. 166/77. Short title. Interpretation. 1967 c. 50, s. 2. (Cap. 342.) Application. Register of agricultural pesticides. Registration. Power of Director to cancel or modify registration. Control of registered agricultural pesticides. Control of unregistered agricultural pesticides. Licence or permit for agricultural pesticides. Cancellation or suspension of licence. Cancellation of permit. Notice of intention to cancel or suspend. Directions on disposal of agricultural pesticide where licence or permit cancelled. Appointment of inspectors. Powers of entry, seizures, etc. Appeals. Offences and penalties. Forfeiture. Regulations. Trademarks, merchandise marks, patents and copyright not affected. (Cap. 43.) (Cap. 41.) (Cap. 42.) (Cap. 39.) Pharmacy and Poisons Ordinance not to apply to agricultural pesticides. (Cap. 138.) Dangerous Goods Ordinance to apply. (Cap. 295.) Transitional provisions. (Cap. 138.)

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