AGRICULTURAL PESTICIDES REGULATIONS

AGRICULTURAL PESTICIDES REGULATIONS

AGRICULTURAL PESTICIDES REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page
1. Citation ... ... ... ... ... ...... ... ... ... ... ... ... ... A2
2. Interpretation ... ... ... ...... ... ... ... ... ... ... A2
3. Application for registration of agricultural pesticide ... ... ... ... ... ... A 2
4. Contents of register ... ... ...... ... ... ... ... ... ... ... ... A 3
5. Publication of list of registered agricultural pesticides ... ... ... ... ... ... A 3
6. Application for licence or permit... ...... ... ... ... ... ... A 3
7. Form and duration of licences and permits... ... ... ... ... ... A 4
8. Surrender of licence or permit on cancellation, etc . ... ... ... ... ... A 4

9. Delivery of licence or permit on variation of particulars or modification of conditions ... ...
... ... ... ... ... ... ... ... ... ... ... ... ... A 4

10.Conditions of storing, keeping and displaying for sale of registered
agricultural pesticide ... ... ... ... ... ... ... ... ... ... ... ... A -5

11. Registered agricultural pesticide not to be sold or supplied except in proper container ...
... ... ... ... ... ... ... ... ... ... ... ... ... A 5

12. Labelling of registered agricultural pesticides on sale or supply by retail ... ... A 5
13. Storage and transport ... .. ... ... ... ... ... ... ... ... ... A 6
14. Sample container to be supplied to Director ... ... ... ... ... ... A 7
15. Approved containers ... ... ... ... ... ... ... ... ... ... ... ... A 7
16. Restrictions on sale, supply. and advertisement ... ... ... ... ... ... ... ... A 7
17. Director may issue directions relating to unregistered agricultural pesticides ... A 7
18. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 7
19. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... A 8





AGRICULTURAL PESTICIDES REGULATIONS

(Cap. 133, section 19)

[15 July 1977.1

1. These regulations may be cited as the Agricultural Pesticides
Regulations.

2. In these regulations, unless the context otherwise requires

'label' means any statement forming part of or affixed to a container in
which an agricultural pesticide is sold, supplied or transported;

'licensee' means the holder of a licence;

'permittee*' means the holder of a permit.

3. (1) An application under section 5 of the Ordinance for the
registration of an agricultural pesticide'shall be in a form approved by
the Director and shall contain. or be accompanied by. the following--

(a)the trade name. chemical name and the common name' if any,
by, which the agricultural pesticide is known arid tinder which
it is to be sold;

(h)a statement of the composition of the agricultural pesticide
including all ingredients, and the chemical identities of the
active ingredients including their stability in storage:

(c)adequate data on the toxicology and efficacy, of the
agricultural pesticide supported by reports on biological tests
from experimental stations of a standing acceptable to the
Director,

(d)instructions on the manner in which the agricultural pesticide
is to be used together with the precautionary measures to be
taken when applying the agricultural pesticide,

(e)in the case of an agricultural pesticide to be used on food
crops. the recommended time interval between the last
application and harvesting of the crop,.

the antidote and first-aid action to be taken in the case of
poisoning;

(g) methods of analysis of the formulated compound;

(h)methods for determination of the residues of the agricultural
pesticide.

(i)such other information relating to the efficacy or safety of the
agricultural pesticide as may be required by the Director; and

the fee specified in regulation 18.





(2) The applicant shall supply the Director with such samples of
the agricultural pesticide as he may require.

(3) A separate application for registration shall be made in respect
of each agricultural pesticide.

4. (1) The Director shall cause to be entered in the register

(a)in respect of each agricultural pesticide registered in Part 1 or
Part 11 of the register

(i) the chemical name and the common name. if any., by
which the agricultural pesticide is known and under which it
is to be sold or supplied,

(ii) the concentration of the active ingredients of the
agricultural pesticide permitted for retail sale or supply:

(iii) the name and address of each person who applied for
the registration of the agricultural pesticide: and

(b)in respect of each agricultural pesticide registered in Part 11 of
the register, the conditions subject to which the agricul



tural pesticide is registered.

(2) The register shall be open for public inspection at all

register

reasonable times free of charge.

5. (1) As soon as may be after 1 January following the
commencement of these regulations and as soon as may be after 1
January of every year thereafter, the Director shall prepare and publish
in the Gazette a list of the agricultural pesticides which appear in Parts 1
and 11 of the register on that date.

(2) As soon as may be after 1 July of every year, the Director shall
prepare and publish in the Gazette a list of the agricultural

pesticides 'des which have been registered or cancelled from the
register

betwen 1 January and 1 July of such year.

(3) A certificate-

(a)stating whether or not an agricultural pesticide is registered
under the Ordinance., or

(b) containing a copy of an entry made in the register, and
purporting to be signed by or on behalf of the Director shall be
admitted in evidence without further proof on its production in any
legal proceedings and

(i)until the contrary is proved, it shall be presumed that the
certificate is so signed; and

(ii)the certificate shall be'conclusive evidence of the facts stated
therein.

6. An application for a licence or permit shall be in a form approved






by the Director, shall be accompanied by the specified fee and shall
state





(a) the name and address of the applicant;

(b) the business name, if any, of the applicant;

(c)the address of the. premises in which any agricultural pesticide
is to be stored, kept, displayed for sale or sold, and where
there are more than one such premises the address of each of
them;

(d)the agricultural pesticides in respect of which the licence or
permit is required; and

(e) such further information as the Director may require.

7. (1) A licence and permit shall be in a form approved by the
Director.

(2) Every licence shall expire on 31 December following the date of
commencement of the licence specified in the licence but may, on
payment of the specified fee, be renewed by the Director.

(3) Every permit shall expire 6 months after the date of issue which
period may be extended by the Director for such further periods of 6
months as he thinks fit.

(4) If a licence or permit is lost. damaged or destroyed. the Director
may on payment of the specified fee, issue a duplicate.

1

8. (1) On the cancellation or suspension of a licence under section
10 of the Ordinance, or on the cancellation of a permit under section 11
of the Ordinance, the Director shall notify the licensee or permittee, as
the case may be. of the cancellation or suspension and in the case of a
suspension lie shall specify in the notice the period of the suspension.

(2) On the receipt by him of a notification under paragraph (1) the
licensee or permittee, as the case may be. shall forthwith surrender his
licence or permit to the Director.

(3) A licence which is surrendered to the Director on its suspension
in accordance with paragraph (2) shall at the termination of the period of
the suspension be returned by the Director to the licensee.

9. (1) Where the Director varies the particulars of a licence or
permit, or modifies, adds to, or cancels, any condition of a licence or
permit, under section 9(8) of the Ordinance he shall notify the licensee
or permittee, as the case may be.

(2) On the receipt by him of a notification under paragraph (1) the
licensee or permittee shall forthwith deliver the licence or permit to the
Director.

(3) Where a licence or permit is delivered under paragraph (2) the
Director shall, on payment of the specified fee. issue a new licence or
permit to the holder.





(4) A fee shall not be payable for the issue of a new licence or
permit under paragraph (3) unless the variation under paragraph (1) is
made at the request of the person holding the licence or permit.

10. (1) A licensee shall not, except on premises approved by the
Director for that purpose, store, keep, repackage, expose for sale or sell
any registered agricultural pesticide.

(2) A licensee shall not store, keep, repackage or expose for sale
any registered agricultural pesticide

(a)in close proximity to any foodstuffs for human or animal
consumption; or

(b) in such condition as---

(i) to be liable by spillage to contaminate any foodstuffs for
human or animal consumption; or

(ii) to constitute a danger to the health or safety. of persons
or animals.

11. (1) A licensee shall not sell, or offer or expose for sale. or
supply, either by retail or in a form ready for sale or supply by retail any
registered agricultural pesticide except in a container which

(a) is impervious to that agricultural pesticide. and

(b)is sufficiently, strong to prevent leakage arising from the
ordinary risks of handling and transport.. and

(e) is made of-

(i) metal;

(ii) glass or plastic, the outer surface being. in the case of a
container with a capacity of not more than 2 litres. fluted
vertically with ribs or grooves recognizable by. touch;or

(iii) such other material as may be approved by the Director
for that agricultural pesticide; and

(d)displays clearly and distinctly the number or mark, if any,
assigned to it under regulation 15.

(IA) Paragraph (1)(c) and (d) shall not apply to a registered
agricultural pesticide which is to be exported by a licensee to a
purchaser outside Hong Kong.

(2) No licensee shall sell, or offer or expose for sale, by wholesale or
supply by wholesale any registered agricultural pesticide except in a
container which complies with paragraph (1)(a) and (b).

12. (1) Subject to paragraphs (2), (3), (4) and (5), a licensee shall not
sell, or offer or expose for sale, or supply, either by retail or in a form
ready for sale or supply by retail any registered agricultural pesticide
unless there appears on the container and on every box or other
covering of whatever nature enclosing the container, in a conspicuous
position, a label setting forth, clearly and distinctly and





not in any way obscured or obliterated, the following particulars both in
English and Chinese--

(a) the word 'Poison' and the characters AP*

(b)the trade name, chemical name and the common name, if any,
by which the agricultural pesticide is known;

(c)the composition by percentage of all the active ingredients of
the agricultural pesticide;

(d) the net weight or volume of the contents:

(e)the word 'SYSTEMIC' if the agricultural pesticide has a
systemic action;

instructions on the manner in which the agricultural pesticide
is to be used together with the precautionary measures to be
taken when applying the agricultural pesticide;

in the case of an agricultural pesticide to be used on food
crops, the recommended time interval between the last
application and harvesting of the crop;

(h)the antidote and first-aid action to be taken in the case of
poisoning,

(i)the name of the seller of the agricultural pesticide and tile
address at which it is sold ol- supplied.. and

(1) such other particulars as the Director may require.

(IA) Paragraph (1) shall not apply to a registered agricultural
pesticide which is to be exported by a licensee to a purchaser outside
Hong Kong.

(2) The Director may in writing tint) exempt any registered agricul-

L_

tural pesticide from compliance with paragraph (1)(a)

(3) Nothing in paragraph (1) shall require the labelling of any
transparent cover or any wrapper, hamper. packing case. crate or other
covering used solely for the purpose of transport or delivery.

(4) The requirements of paragraph (1)( i) shall be deemed to be
satisfied in the case of a registered agricultural pesticide supplied from a
warehouse or depot. if the label on the container sets out the address of
the supplier's principal place of business or in the case of a company. of
the registered office of that company.

(5) Where the names of 2 or more persons or where 2 or more
addresses appear on any label, there shall also be words on the label
indicating clearly which of the persons is the seller and at which of the
addresses the registered agricultural pesticide is sold or supplied.

13. A licensee shall not store. or transport or consign for transport.
any registered agricultural pesticide except in a container which is
impervious to that agricultural pesticide and sufficiently strong to
prevent leakage from the container arising from the





ordinary risks of handling and, where it lis being transported. transport
and which is labelled with the word---POISON-and the characters and
the trade name and, ill' any the common name by which the agricultural
pesticide is known.

14. The Director may require an applicant for registration of an
agricultural pesticide to supply him with a sample of the container in
which the agricultural pesticide is to be stored. sold or supplied.

15. The Director may give approval to a type. design or colour of
container to be used for any registered agricultural pesticide or class or
type of registered agricultural pesticide and may assign thereto an
identifying number or mark.

16. (1) A licensee shall not

(a)sell. or offer or expose for sale. by retail or supply by retail any
registered agricultural pesticide. the active ingredients of
which differ materially from the particulars supplied under
regulation 3(1)(b) or from the particulars stated on the label, or

(b)sell or offer or expose for sale, or supply. as a registered
agricultural pesticide. a product which

(1) is decomposed or deteriorated so as to be ineffective or
dangerous; Or

(ii) is packaged in a container which has deteriorated or is
damaged so as to be dangerous in storage or use.

(2) No person shall-

(a)advertise any agricultural pesticide which is not registered
under the Ordinance,

(b)advertise any registered agricultural pesticide in a manner that
is false, misleading or deceptive or not in accordance with any
condition imposed on the registration of that agricultural
pesticide under the Ordinance.

17. The Director may issue to a permittee such directions as he
may think fit relating to

(a)the storing or keeping of unregistered agricultural pesticides;

(b)the containers in which unregistered agricultural pesticides
are to be stored or kept;

(c) the labelling of such containers. and

(d) the transport of unregistered agricultural pesticides.

18. The fees specified by these regulations shall be-

(a)5370, in respect of an application for registration of an
agricultural pesticide under section 5 of the Ordinance;





(b)570. in respect of an application for a licence under section 9
of the Ordinance;

(e)$70. in respect of an application for a permit under section 9 of
the Ordinance;

(d)$70, in respect of a licence issued under section 9 of the
Ordinance or, subject to regulation 9(4), regulation 9(3);

(e)5300, in respect of a permit issued under section 9 of the
Ordinance or, subject to regulation 9(4), regulation 9(3);

$70. in respect of the renewal of a licence under regulation
7(2);

(g)$50, in respect of a duplicate of a licence or permit issued
under regulation 7(4);

(h)$70, in respect of the extension of a permit under regulation
7(3).

19. (1) Any person who without reasonable excuse fails to comply
with regulation 8(2) or 9(2) or with any requirement under regulation 14
commits an offence and is liable on conviction to a fine of $2.000 and to
imprisonment for 6 months.

(2) Any person who contravenes regulation 10. 11. 12. 13 or 16
commits an offence and is liable on conviction to a fine of $2,000 and to
imprisonment for 6 months.

(3) Any permittee who fails to comply with any direction of the
Director under regulation 17 commits an offence and is liable on
conviction to a fine of $2,000 and to imprisonment for 6 months.
L.N. 140/77. L.N. 172/83. Citation. Interpretation. Application for registration of agricultural pesticide. Contents of register. Publication of list of registered agricultural pesticides. Application for licence or permit. Form and duration of licences and permits. Surrender of licence or permit on cancellation, etc. Delivery of licence or permit on variation of particulars or modification of conditions. Conditions of storing, keeping and displaying or sale of registered agricultural pesticide. Registered agricultural pesticide not to be sold or supplied except in proper container. L.N. 172/83. L.N. 172/83. Labelling of registered agricultural pesticides on sale or supply by retail. L.N. 127/83. L.N. 172/83. Storage and transport. Sample container to be supplied to Director. Approved containers. Restrictions on sale, supply and advertisement. Director may issue directions relating to unregistered agricultural pesticides. Fees. L.N. 172/83. Offences and penalties.

L.N. 140/77. L.N. 172/83. Citation. Interpretation. Application for registration of agricultural pesticide. Contents of register. Publication of list of registered agricultural pesticides. Application for licence or permit. Form and duration of licences and permits. Surrender of licence or permit on cancellation, etc. Delivery of licence or permit on variation of particulars or modification of conditions. Conditions of storing, keeping and displaying or sale of registered agricultural pesticide. Registered agricultural pesticide not to be sold or supplied except in proper container. L.N. 172/83. L.N. 172/83. Labelling of registered agricultural pesticides on sale or supply by retail. L.N. 127/83. L.N. 172/83. Storage and transport. Sample container to be supplied to Director. Approved containers. Restrictions on sale, supply and advertisement. Director may issue directions relating to unregistered agricultural pesticides. Fees. L.N. 172/83. Offences and penalties.

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