CONTROL OF PESTICIDES ACT

Arrangement of Sections

1. Short title.

2. Application of the Act.

3. Licensing Authority for pesticides.

4. Pesticide Technical and Advisory Committee.

5. Functions of the Committee.

6. Application for licence.

7. Consideration of application.

8. Issue of licence.

9. Approved pesticide.

10. Approved container or package.

11. Cancellation of licence.

12. Alteration in package or composition.

13. Appeals.

14. Prohibition.

15. Adulterated, decomposed or deteriorated pesticides.

16. Storage, transport and sale of pesticides in close juxtaposition with foodstuffs.

17. Prohibition of import of pesticides except upon approval.

18. Advertisement of pesticides.

19. Storage of pesticides in bulk.

20. Harvesting of crops.

21. Authorised officers and their powers and functions.

21A. Prohibition of sale without certificate.

22. Analysis of samples.

23. Fees.

24. Penalty for contravention of this Act.

24A. Persons authorised to institute and conduct, prosecutions.

25. Forfeiture.

26. Regulations.

27. Interpretation.

SCHEDULE

33 of 1980,

6 of 1994,

31 of 2011.

AN ACT to provide for the licensing of pesticides; to regulate the import, packing, labelling, storage, formulation, transport, sale and use thereof; for the appointment of a licensing authority for pesticides; for the establishment of a pesticide technical and advisory committee and for matters connected therewith or incidental thereto.

[Am by s 2 of Act 6 of 1994.]

[Date of Commencement: 5th September, 1980]

1. Short title.

This Act may be cited as the Control of Pesticides Act.

2. Application of the Act.

This Act shall apply to active ingredients and pesticide formulation with adjuvants, other than such formulations as are set out in the Schedule to this Act.

[S 2 subs by s 3 of Act 6 of 1994.]

3. Licensing Authority for pesticides.

(1) There shall be appointed a Registrar of Pesticides who shall be the licensing authority for pesticides.

(2) The Registrar of Pesticides shall be a person with knowledge of toxicology and biological subjects associated with pest control and shall be responsible to the Director of Agriculture.

(3) There shall be appointed such number of Assistant Registrars of Pesticides as may be necessary for the purposes of the Act.

[S 3(3) ins by s 4 of Act 6 of 1994.]

(4) Every Assistant Registrar of Pesticides may exercise all or any of the powers of the Registrar of Pesticides and in the exercise of such powers shall be subject to the control and direction of the Registrar of Pesticides.

[S 3(4) ins by s 4 of Act 6 of 1994.]

4. Pesticide Technical and Advisory Committee.

(1) There shall be a Pesticide Technical and Advisory Committee (hereinafter referred to as the "Committee”).

[S 4(1) subs by s 5(1) of Act 6 of 1994.]

(2) The Committee shall consist of—

(a) the following ex officio members, namely—

(i) the Director of Agriculture (hereinafter referred to as the "Director”) or any officer nominated by him;

(ii) the Registrar of Pesticides (hereinafter referred to as the "Registrar”) or any officer nominated by him;

(iii) the Government Analyst or any officer nominated by him;

(iv) the Secretary to the Ministry of the Minister in charge of the subject of Health or any officer nominated by him;

(v) the Commissioner of Labour or any officer nominated by him;

(vi) the Director of the Tea Research Institute established under the Sri Lanka Tea Board Law, No. 14 of 1975, or any officer nominated by him;

(vii) the Director of the Rubber Research Institute established under the Rubber Research Ordinance, or any officer nominated by him;

(viii) a member of the Sri Lanka Standards Institution established by the Sri Lanka Standards Institution Act, No. 6 of 1984, nominated by the Chairman of such Institution or any officer nominated by such member;

(ix) the Director of the Coconut Research Institute established under the Coconut Development Act, No. 46 of 1971, or any officer nominated by him;

(x) a Senior Officer of the Central Environmental Authority established by the National Environmental Act, No. 47 of 1980, nominated, by the Chairman of such Authority; and

(b) not more than five persons who are experienced in the use of pesticides, pest control and related scientific disciplines who shall be appointed by the Minister:

Provided however that no person having a commercial interest in the manufacture, import, marketing, formulation, storage, transport or sale, of pesticides shall be appointed.

[S 4(2) subs by s 5(1) of Act 6 of 1994.]

5. Functions of the Committee.

(1) The functions of the Committee shall be—

(a) to advise the Registrar on any important matter relating to the registration of pesticides, approval of containers, the storage, formulation, import, sale and use of pesticides and such other mailers relating thereto as may be prescribed;

(b) to appoint technical sub-committees to assist such committee in the performance of its functions;

[S 5(1) subs by s 6(1) of Act 6 of 1994.]

(2) —

(a) The Committee may make rules in respect of all or any of the following matters:-

(i) the procedure to be followed at its meetings;

(ii) the conduct of its business; and

(iii) all matters connected with or incidental to the carrying on of its business.

(b) Such rules shall be made at a meeting of the Committee.

[S 5(2)(b) am by s 6(2) of Act 6 of 1994.]

(c) No rule made by the Committee shall have effect unless it is approved by the Minister and published in the Gazette.

6. Application for licence.

(1) Every person desirous of licensing any pesticide shall make an application to the Registrar in that behalf.

(2) An application under subsection (1) shall contain the following particulars:-

(a) the name and address of the applicant;

(b) the name and address of the manufacturer of the technical grade of the active ingredient and the name and address of the manufacturer of the pesticide formulation in respect of which such application is made;

[S 6(2)(b) subs by s 7(i) of Act 6 of 1994.]

(c) the proposed trade name under which such pesticide shall be marketed or sold;

(d) a copy of the draft label which shall be affixed on any container in which such pesticide shall be sold;

(e) samples of the container in which such pesticide shall be distributed or sold;

(f) a statement of the claim made by the manufacturer or producer of such pesticide as to its uses, potency, stability in storage and the period of usage and a statement with regard to its efficacy and crop safety supported by the result of any experimental data as evidence;

[S 6(2)(f) subs by s 7(ii) of Act 6 of 1994.]

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