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14/06/2024
The Pesticides Ordinance, 1971

The Pesticides Ordinance, 1971

( Ordinance NO. II OF 1971 )

এই অধ্যাদেশ বালাইনাশক (পেস্টিসাইডস) আইন, ২০১৮ (২০১৮ সনের ২৪ নং আইন) দ্বারা রহিত করা হইয়াছে।

Chapter II

1IMPORT, MANUFACTURE, FORMULATION, REPACKING, SALE, DISTRIBUTION AND USE OF PESTICIDES

Pesticides to be registered
4. No person shall import, manufacture, formulate, 2[repack,] sell, offer for sale, hold in stock for sale or in any manner advertise any brand of pesticide which has not been registered in the manner hereinafter provided.
Application for registration of pesticide
5. (1) Any person intending to import, manufacture, formulate, 3[repack,] sell, offer for sale, hold in stock for sale or advertise any brand of a pesticide may apply to the Government for the registration of the brand under such name as he may indicate in the application.
 
 
 
 
(2) An application under sub-section (1) shall be in such form, be accompanied by such fee and contain such statements and information as may be prescribed.
 
 
 
 
(3) Where the person making an application under sub-section (1) is not domiciled in Bangladesh, the application shall, besides such person, be signed by his agent or representative in Bangladesh.
 
 
 
 
(4) Upon the receipt of an application under sub-section (1), the Government may register a brand of a pesticide by the name indicated in the application, if it is satisfied that-
 
 
 
 
(a) the brand is not such as would tend to deceive or mislead the purchaser with respect to the guarantee relating to the pesticide or its ingredients or the method of its preparation; or
 
 
 
 
(b) the guarantee relating to the pesticide or its ingredients is not the same as that of another registered brand or is not so similar thereto as to be likely to deceive; or
 
 
 
 
(c) it is effective for the purpose for which it is sold or represented to be effective; or
 
 
 
 
(d) it is not generally detrimental or injurious to vegetation, except weeds, or to human or animal health, even when applied according to directions.
 
 
 
 
(5) When it registers a brand of a pesticide on the application of any person, the Government shall grant to him a certificate of registration in such form as may be prescribed.
Period for which registration shall be effective
6. The registration of a brand of a pesticide shall be effective from the date of its registration until the thirtieth day of June of the third year following the year of registration.
Cancellation of registration
7. If, at any time after the registration of the brand of a pesticide, the Government is of opinion that the registration has been secured in violation of any of the provisions of this Ordinance or the rules or that the pesticide is ineffective against pests or hazardous to vegetation, other than weeds, or to human or animal life, the Government may, after giving to the person on whose application it had been registered an opportunity of being heard, cancel the registration.
Renewal of registration
8. (1) The Government may, on the application of the importer, manufacturer, formulator, 4[re-packer,] vendor or stock-holder of a registered brand of a pesticide in the guarantee or ingredients of which no change has taken place since the date of its registration, renew the registration of the brand for a further period of three years.
 
 
     (2) An application under sub-section (1) shall be in such form and be accompanied by such fee as may be prescribed and shall be made before the expiration of the period for which the registration of the brand to which it relates is effective.
 
 
 5[(3) An application for the renewal of registration shall be made at least thirty days before its expiry.
 
 
 
     (4) The renewal of registration certificate will be issued within ninety days after receiving the application.]
Requirement of licence
6[8A. (1) Any person may, after obtaining a licence granted by the licensing authority, import, manufacture, formulate, repack, sell, offer for sale, hold in stock for sale, involve in pest control operation on commercial basis or advertise in any manner any brand of registered pesticide.
 
 
 
 
(2) Any person intending to import, manufacture, formulate, repack, sell, offer for sale, hold in stock for sale, involve in pest control operation on commercial basis or advertise any brand of registered pesticide may apply for a licence to the licensing authority.
 
 
(3) An application under sub-section (2) shall be in such form, be accompanied by such fee and contain such statements and information as may be prescribed.
 
 
 
 
(4) A licence granted under this section shall be in such form and subject to such conditions as may be prescribed.
 
 
 
 
(5) A licence granted under this section shall, unless suspended or cancelled under sub-section (6), remain valid for a period of two years from the date of issue of the licence and may, on payment of such fees as may be prescribed, be renewed for a like term.
 
 
 
 
(6) The licensing authority shall have power to suspend or cancel the licence:
 
 
 
 
Provided that no licence shall be suspended or cancelled without giving the licensee an opportunity of showing cause and of being heard in person.
 
 
 
 
(7) Any licensee aggrieved by an order of the licensing authority under sub-section (6) may, within sixty days from the date of the order and on payment of such fee as may be prescribed prefer an appeal to the Government whose decision in the matter shall be final.
 
 
 
 
(8) In this section, the expression “licensing authority” shall mean such authority as may be prescribed.]
Importation may be prohibited
9. If any pesticide imported into Bangladesh is found to be adulterated or incorrectly or misleadingly tagged, labelled or named, or if its sale in any way contravenes any of the provisions of this Ordinance, the Government may, by notification in the official Gazette, prohibit the further import of the pesticide into Bangladesh.
Labelling of packages
10. No person shall sell or offer or expose for sale, or advertise or hold in stock for sale any pesticide unless each package containing the pesticide, and every tag or label durably attached thereto, is branded or marked in printed characters in such form and in such manner as may be prescribed.
Power to fix maximum price of pesticides, etc.
7[10A. (1) The Government may, by notification in the official Gazette, fix-
 
 
 
 
(a) the maximum price at which any pesticide specified in the notification may be sold;
 
 
 
 
(b) the maximum rate of commission that may be allowed to a wholesaler or retailer for distribution or sale of pesticide.
 
 
 
 
(2) The Government may, for the purpose of sub-section (1), require a licensee to furnish such information as may be necessary.]
Storage and use of pesticides
11. No person shall store or use any pesticide save in accordance with rules made under this Ordinance.
 
 

  • 1
    The word and comma “REPACKING,” were inserted by section 4 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980).
  • 2
    The word and comma “repack,” were inserted by section 5 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)
  • 3
    The word and comma “repack,” were inserted by section 6 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)
  • 4
    The word and comma “re-packer,” were inserted by section 7 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. 5 of 1980)
  • 5
    Sub-section (3) and (4) were added by section 3 of the Pesticides (Amendment) Act, 2009 (Act No. LVII of 2009).
  • 6
    Section 8A was inserted by section 8 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)
  • 7
    Section 10A was inserted by section 9 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)
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