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The Pesticides Ordinance, 1971

( Ordinance NO. II OF 1971 )

Chapter IV

MISCELLANEOUS

Power to make rules
29. (1) The Government may, in consultation with the 1[* * *] Pesticide Technical Advisory Committee and after previous publication in the official Gazette, make rules for carrying the provisions of this Ordinance into effect.
 
 
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide all or any of the following matters, namely:-
 
 
 
 
(a) the nomenclature of every form of plant and animal life that shall be deemed to be insects, fungi or other plant or animal pests;
 
 
 
 
(b) the form in which an application for the registration of a brand of a pesticide or for the renewal of registration shall be made, the information that shall be furnished therewith and the fee that shall accompany it;
 
 
 
 
(c) the procedure for the grant of certificates of registration of brands of pesticides and renewal of such registration and the form of such certificates;
 
 
 
 
(d) the language of the tags or label to be attached to the containers and packages containing pesticides and the character and location of the printing to be marked on such tags, labels and containers;
 
 
 
 
2[(dd) the form in which an application for licence or for its renewal shall be made, the information that shall be furnished therewith and the fee that shall accompany it; and the fee for preferring an appeal against an order of suspension or cancellation of licence;]
 
 
 
 
(e) the functions of the Pesticides Laboratory and the procedures to be followed by it in the performance of such functions, including-
 
 
 
 
(i) safeguarding of the secrecy of the formulae of any brands of pesticides disclosed to it;
 
 
 
 
(ii) collection of samples of pesticides for test or analysis; and
 
 
 
 
(iii) the form in which its reports of tests or analysis shall be written;
 
 
 
 
(f) the methods of analysis to be followed and the limits of variability to be allowed, by the Government Analyst as between the information marked on the container or on a label attached thereto or supplied to the purchaser when sold in bulk, and the results of the analysis;
 
 
(g) the qualifications and duties of the Government Analysts;
 
 
 
 
(h) the form in which an intimation of the purpose for which a sample is taken by an Inspector shall be given by him to the person from whose possession the sample is taken, the instruments to be employed, and the quantities to be taken, by an Inspector while taking samples for test or analysis and the manner in which they should be preserved and sent to the Government Analyst and the Government;
 
 
 
 
(i) the form in which an application shall be made by the purchaser of a pesticide to a Government Analyst for test or analysis of the pesticide, the manner in which a purchaser may send a pesticide for test or analysis to the Government Analyst, the information that shall be furnished with such application and the fee that shall accompany it;
 
 
 
 
(j) the pesticides that are generally detrimental or injurious to vegetation, domestic animals or public health even when used according to directions;
 
 
 
 
(k) the pesticides that are to be labelled “Poison” and their antidotes;
 
 
 
 
(l) the requirements for the safe storage of pesticides;
 
 
 
 
(m) the quantities of different brands of pesticides which a person may hold in stock at any one time and the premises in which, and the conditions subject to which, he may hold them in stock;
 
 
 
 
(n) the precautions for the protection of workers against risk of poisoning by pesticides arising from their working-
 
 
 
 
(i) in connection with the use of such pesticides 3[* * *]; or
 
 
 
 
(ii) on land on which such pesticides are being or have been used 4[* * *];
 
 
(o) the restrictions or conditions as to the purposes for which, the circumstances in which, or the methods or 5[equipments for application] by which, a pesticide may be used;
 
 
 
 
(p) the restrictions or conditions involving a general prevention or limitation of the use of any pesticide 6[* * *];
 
 
 
 
(q) the provision, and keeping available and in good order, of facilities for washing and cleaning and of other things needed for protecting persons, clothing, equipment and appliances from contamination with pesticides or for removing sources of contamination therefrom;
 
 
 
 
(r) the observance of precautions against poisoning by pesticides including the use of things provided in pursuance of the rules, and abstentions from eating, drinking and smoking in circumstances involving risk of poisoning by pesticides;
 
 
 
 
(s) intervals between, or limitations of, periods of exposure to risk of poisoning by pesticides;
 
 
 
 
(t) the observance of special precautions in the case of persons who, by reason of their state of health, age, or other circumstances, are subject to particular risk of poisoning by pesticides or of injury therefrom, or imposing, in case of persons so subject, prohibitions or restrictions on employment of workers;
 
 
 
 
(u) the measures for detecting and investigating cases in which poisoning by pesticides has occurred;
 
 
 
 
(v) the provisions of effective facilities for prevention of poisoning by pesticides and first aid treatment; and
 
 
 
 
(w) the provision of instruction and training in the use of things provided in pursuance of the rules and in the observance of precautions against poisoning by pesticides.

  • 1
    The word “Agriculture” was omitted by section 6 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)
  • 2
    Clause (dd) was inserted by section 12 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)
  • 3
    The words “in agriculture” were omitted by section 6 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)
  • 4
    The words “in agriculture” were omitted by section 6 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)
  • 5
    The words “equipments for application” were substituted for the word “means” by section 12 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)
  • 6
    The words “in agriculture” were omitted by section 6 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)
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