Pesticides Control (CAP. 325 1

CHAPTER 325

THE PESTICIDES CONTROL ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Powers of the Governor-General to make regumons.
4. Establishment of Board.
5. Appointment of inspectors.
6. Expenses from general revenue.
7. Authorisation of entry.
8. General powers of inspectors.
9. Offences.

10. Disqualification for offences.
1 1. Confiscation of pesticide etc..
12. Defence available in certain circumstances to persons

charged - where some other person is responsible.
13. Provisions as to samples.
14. Application to the Crown.

1511973. (5th September, 1973 .)

1. This Act may be cited as the Pesticides Control Act. Short

2. In this Act- Interpretation.

"Board" means the Pesticides Control Board established
under section 4;

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2 CAP. 325) Pesticides Control

'6 extermination" means the use of pesticides for the
destruction or control of pests;

L '. inspector" means any person appointed as an inspec-
tor under section 5;

"Minister" means the Minister responsible for
agriculture;

"pest" includes any insect, rodent, bird, fish, molluse,
nematode, fungus, weed, microorganism, virus or
other kind of plant or animal life which is injurious,
troublesome or undesirable to crops, stored
products, processed foods, woods, clothes, fabrics
or other inanimate objects or which are objec-
tionable from the view point of public health and
hygiene. It also includes ectoparasites of man, or
ectoparasites or endoparasites of animals; except
that, by regulations, any pest may be specifically
included or excluded;

"pesticide" means any product proposed or used for
controlling a pest;

" pest control operator" means any person who, by
himself or his employees, assistants or agents,
carries out an extermination for reward;

"produce" means articles grown for consumption or
for other use after severance from the land on which
it was grown, and includes such articles after
severance and also any articles ordinarily used or
which may be used in the composition of food for
human beings and domestic and farm animals, but
does not include growing crops;

" worker" means a person employed whose employment
includes the use and handling of pesticides.

Powers of the 3. ( 1 ) The Governor-General may make Regulations
Governor-General
to make for carrying into effect the provisions of this Act and in par-
regulations. ticular for-

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Pesticides Control (CAP. 325 3

(a) prohibiting the manufacture, formulation,
importation, sale and use of particular pesticides or
classes of pesticides;

(6) controlling the manufacture, formulation and
importation and the sale or other distribution of
particular pesticides or classes of pesticides;

(c) controlling the use of pesticides in agriculture
generally;

(6) controlling the use of pesticides on produce dur-
ing its storage and transportation;

(e) controlling the conditions under which pesticides
are stored; -

Cf) protecting workers against the risk of poison-
ing or other injury by pesticides;

e) protecting the interests of owners and users of
any land or property adjacent to land on which pesticides
are used;

(h) prescribing the permissible level of any pesticide
in any particular kind of produce when offered for sale.

(2) Without prejudice to the generality of the provisions
of subsection (I) , such Regulations may make provision-

(a) as to the quantities of pesticides which may be
imported, the types of container in which such pesticides
may be imported, transported and offered for sale or
otherwise distributed, and as to the labelling of such
containers and their subsequent disposal and as to the
disposal of surplus or unwanted stocks of pesticides;

(6) requiring the keeping and inspection of records
and the furnishing of returns and other information with
respect to stocks, sale and use or disposal of pesticides;

(c) imposing restrictions or conditions as to the
purpose for which, the circumstances in which, or the
methods by means of which particular pesticides may
be used, including restrictions or conditions involving
a prohibition of the use thereof in particular

' circumstances;

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4 CAP. 325) Pesticides Control

(d) imposing restrictions and obligations on pest
control operators or particular classes of pest control
operators;

(e) imposing obligations on employers of workers,
on such workers themselves and on other persons;

(f) requiring the provision, wearing and keeping
in good order and the production when required by an
inspector, by employers, manufacturers and other
persons, of protective clothing and equipment, of
facilities for washing and cleaning, and of other things
needed for protecting persons, clothing, equipment and
appliances from contamination or for removing sources
of contamination therefrom;

Q) requiring the observance of precautions against
poisoning from pesticides including the use of things
provided in accordance with the Regulations and in-
cluding abstention from eating, drinking and smoking
in circumstances involving risk of poisoning;

(h) securing intervals between, or limitation of,
periods of exposure to risks of poisoning from pesticides;

(9 requiring the observance of special precautions
in the case of persons who, by reason of their state of
health or age are subject to particular risks of poison-
ing, or imposing in the case of persons so subject
prohibitions whether temporary or permanent, or restric-
tions, on their employment as workers;

prescribing measures for investigating and
detecting cases in which poisoning from pesticides has
occurred or may reasonably be thought to have occur-
red, including the collection of samples, analyses,
medical examinations and the making of blood tests;

(k) requiring the provision, and keeping in good
order, and use of facilities for preventative and first aid
treatment;

(I) requiring the provision of, and submission to,
instruction and training in the use of things provided
in pursuance of the Regulations, and in the observance
of precautions;

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Pesticides Control (CAP. 325 5

(m) requiring that licences be obtained from the
Board for the importation, sale or other distribution,
and use of any pesticide, and prescribing the manner
of applying for such licences the fees payable and the
conditions subject to which such licences may be granted.

(3) Regulations under this section may-

(a) make different provisions to meet different cir-
cumstances and in particular to meet differences in com-
position of pesticides and their poisonous effects under
different conditions and on different classes of persons;
and

(6) provide for the exemption of particular cases
or of particular persons from the operation m p a r t or
all of the Regulations.

(4) Regulations made under this section shall be sub-
ject to the negative resolution of the Legislature.

4. (1) There is hereby established a Board to be called E;;zfshment of
the Pesticides Control Board.

(2) The Board shall consist of five members appointed
for a period of two years by the Minister from amongst
persons appearing to him to be qualified by reason of hav-
ing had experience of and shown capacity in matters relating
to medicine, chemistry, science, agriculture or law.

(3) The Minister may appoint any person appearing
to him to have the qualifications necessary for appointment
under the provisions of subsection ( 2 ) , to act temporarily
in the place of any member of the Board in the case of the
absence or inability to act of such a member.

(4) The Minister shall appoint one of the members of
the Board to be Chairman of the Board.

(5) In the case of the absence or inability of the Chair-
man to act at any meeting the remaining members of the
Board shall select one of their number to act as Chairman

'at that meeting.

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(6) The Minister may at any time revoke the appoint-
ment of any member of the Board if he thinks it expedient
so to do.

(7) The Board shall meet at such times as may be
necessary or expedient for the transaction of business, and
such meetings shall be held at such places and times and
on such days as the Chairman shall determine.

(8) The quorum of the Board shall be three including
the Chairman.

(9) The decisions of the Board shall be by majority vote
and the Chairman shall have an original and a casting vote.

(10) The functions of the Board shall be-

(a) to advise the Minister on matters relevant to
the making of Regulations under this Act; and

(b) to carry out the provisions of this Act and of
Regulations made thereunder.

Appointment of
inspectors.

5 . (1) The Minister may appoint from time to time
such inspectors as he may deem to be necessary or expedient
to assist the Board in the discharge of its functions and shall
furnish every such inspector with a certificate of his appoint-
ment as such.

(2) A member of the Board shall be eligible for appoint-
ment as an inspector.

Expenses from
general revenue.

6. There shall be defrayed out of the general revenue
of Antigua and Barbuda all expenses incurred in the
administration of this Act.

Authorisation of
entry.

7. (1) The Board may, for the purpose of carrying
out the provisions of this Act or Regulations made thereunder
authorise in writing under the hand of the Chairman any
inspector to enter at all reasonable hours, but subject to the
provisions of subsection (2), any land or premises to which
this section applies.

(2) Such inspector, before entering-

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Pesticides Control (CAP. 325

( a ) any land or premises to which this section
applies shall produce, if so required, the instrument
authorising him to enter;

( 6 ) any dwelling house on such land shall cause
at least twenty-four hours notice of the intended entry
to be given to the occupier of such dwelling house:

Provided that no such notice need be given in the
case of a dwelling house in which there are, or are
reasonably believed by such inspector to be, washing
facilities or other things provided pursuant to the pro-
visions of this Act or Regulations made thereunder for
the use of persons not living in such dwelling house.

(3) This section applies to any land or p ~ m i s e s -

( a ) on which any pesticide is being or has recently
been used, manufactured, sold, packaged or stored;

( b ) which is being used or has recently been used
for a purpose connected with the use, manufacture, sale,
packaging or storage of any pesticide;

(c ) on which things required by the Regulations
made under this Act to be provided or done are pro-
vided or done; or

(6) which the inspector has reasonable cause to
believe to be land or premises falling within any of the
preceding paragraphs of this subsection.

8 . (1) In the performance of his duties under this Act z;:f$$,"',,,
an inspector shall have power to do all or any of the follow-
ing things, that is to say-

( a ) to require the production of, and to inspect,
examine and copy registers, records or other documents
required to be kept by Regulations made under this Act;

( b ) to make such examinations and enquiries as
may be necessary to ascertain whether the provisions
of this Act and of Regulations made thereunder are com-
plied with;

(c) to require any person whom he finds on the . land or premises to which section 7 applies to give such
information as it is in his power to give as to who is

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8 CAP. 325) Pesticides Control

the occupier thereof or the employer of workers employed
to work thereon;

(d) to inverview, with respect to the observance of
the provisions of this Act or of the Regulations made
thereunder, any person whom he finds on land or
premises to which section 7 applies or whom he has
reasonable cause to believe to be, or to have been within
the preceding two months, employed to work thereon;

Cap. 269.
(e) in the case of an inspector who is a medical prac-

titioner, registered under the Medical Act, to carry out
medical examinations;

Cf) subject to the provisions of subsection (3), to
seize and detain any pesticide or other thing by means
of which, or in relation to which, he reasonably believes
that the provisions of this Act or of any Regulations
made thereunder have been contravened;

(g) to exercise such other powers as may be
necessary for carrying out the provisions of this Act and
of Regulations made thereunder.

(2) A person shall be deemed to obstruct an inspector
in the execution of his powers under this Act if-

(a) he wilfully delays an inspector in the exercise
of any power conferred upon him by this Act;

( b ) he fails to comply with any requirement of an
inspector made in pursuance of this section; or

(c) he prevents, or attempts to prevent any person
from being examined by an inspector under this section.

(3) An inspector shall release any pesticide or other thing
seized or detained by him as soon as he is satisfied that there
has been no contravention of the provisions of this Act or
of any Regulations made thereunder.

(4) Any pesticide or other thing seized may be kept or
stored by the inspector at the place where it was seized or
at any other place which the inspector may determine.

(5) If the owner, or the person in possession of any
pesticide or other thing seized by an inspector consents to

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Pesticides Control (CAP. 325 9

the destruction thereof, such pesticide or other thing shall
be disposed of in such manner as the Board may direct.

9. (1) Any person who- Offences.
(a) contravenes any provision of this Act;

(b) contravenes any provision of any Regulations
made under this Act;

(c ) obstructs an inspector in the execution of his
powers or duties under this Act or any Regulations made
thereunder;

(d) removes, alters or interferes with anyTesticide
or other thing seized under this Act without the authority
of an inspector; or

(e) wilfully makes a false entry in any register,
record, return or other document kept or furnished in
pursuance of Regulations made under this Act, or wil-
fully makes use of such false entry.

shall be guilty of an offence against this Act and be liable
on summary conviction to a fine of seven hundred and fifty
dollars or to imprisonment for a term not exceeding six
months and to a further penalty of three hundred dollars
for each day on which the contravention continues after such
conviction.

(2) Where a contravention of a provision of Regula-
tions made under this Act consists in a failure to do anything
at or within a time specified in the Regulations, and the
Regulations provide that this subsection shall apply to a
failure so to do it the contravention shall be deemed to con-
tinue until that thing is done.

(3) Where an offence against this Act which has been
committed by a body corporate is proved to have been com-
mitted with the consent or connivance of, or to be attributable
to any neglect on the part of any person who is a director,
manager, secretary or other similar officer of the body cor-
porate, or any person purporting to act in any such capacity,
such person as well as the body corporate shall be guilty of
that offence.

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(4) In subsection (3) the expression "director" in rela-
tion to any body corporate which is established by or under
any enactment for the purpose of carrying on under public
ownership any industry or undertaking and whose affairs
are managed by the members thereof, means a member of
that body.

Disqualification 10. (1 ) In addition to any other penalties prescribed
for Offences. under this Act, the court before which a person has been

convicted for an offence against this Act may, in its discretion,
order that such person shall be disqualified from holding or
obtaining any licence or licences under this Act for a period
not exceeding six months in the case of a first conviction
under this Act, and for a period not exceeding five years
in respect of a subsequent conviction, as it may think fit.

(2) No person against whom an order of disqualifica-
tion has been made shall be entitled to a refund of licence
fee previously paid.

Confiscation of 1 . In addition to any other penalties prescribed under
pesticide etc. this Act, the court before which a person has been convicted

for an offence against this Act, may order that any pesticide
or other thing connected with the commission of the offence
be confiscated and destroyed or dealt with in such manner
as the court thinks fit.

Defence available 12. (1) A person against whom proceedings are
in certain
circumstances to brought under this Act (hereinafter in this-section referred
persons to as the "defendant") shall, upon information duly laid by . a
charged- where some other him and on giving to the prosecution not less than three clear
person is days notice of his intention, be entitled to have brought before

the court in the proceedings any person to whose act or default
he alleges that the contravention was due, (hereinafter in
this section referred to as the "third and, if after
the contravention has been proved the defendant proves that
the contravention was due to the act or default of the third
party, such third party may be convicted of the offence, and,
if the defendant further proves-

(a ) that he has used all due diligence to secure that
the provision in question was complied with; and

(6 ) that the third party's act or default was without
his consent, connivance or wilful default,

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Pesticides Control (CAP, 325 11

the proceedings against him shall be -dismissed.

(2) Where the defendant seeks to avail himself of the
provisions of subsection (1)-

( a ) the prosecution as well as the third party shall
have the right to cross examine the defendant, if he gives
evidence, and any witness called by him, and to call
evidence in rebuttal;

( 6 ) the court may make such order if it thinks fit
for the payment of costs by any party to the proceedings
to any other party thereto.

(3) Where it appears to the Attorney-Generxthat an
offence has been committed in respect of which proceedings
might be taken under this Act against some person and the
Attorney-General is reasonably satisfied that the offence was
due to an act or default of a third party and that the first
named person could establish an offence under subsection
( 1 ) the Attorney-General may cause proceedings to be taken
against that third party without causing proceedings to be
taken against the first mentioned person.

13. (1) It shall be lawful for an inspector to take for Provisions as to
samples.

analysis samples of any substance or thing which in his
opinion may be or may contain a pesticide and which he
Gnds in, or has reasonable cause to believe to be in transit
to or from the land or premises to which section 7 applies.

(2) An inspector taking a sample under the provisions
of subsection (1) with the intention of having it analysed shall,
if practicable, forthwith give notice of his intention to the
owner.

(3) The inspector shall then and there divide the sample
into three parts, each part to be marked and sealed or fastened
up in such manner as its nature will permit and shall-

( a ) if required to do so by the owner, deliver one
part to him;

( 6 ) retain one part for future comparison; and

(c ) if the inspector thinks it necessary to have an
analysis made, submit one part to an analyst for analysis.

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CAP. 325) Pesticides Control

(4) Where it is not practicable for an inspector to comply
with the provisions of subsection (2) he shall, if he intends
to have the sample analysed, and if he can ascertain the name
and address of such owner, forward one part of the sample
to him by registered post or otherwise, together with a notice
informing him that he intends to have the sample analysed.

(5) Notwithstanding the provisions of subsections (3)
and (4), where in the opinion of the inspector the division
of a sample into parts would interfere with a proper analysis
he may seal the whole of the sample and submit the same
to an analyst for analysis and in such a case the analyst shall,
on opening the sealed sample prior to analysis, divide the
sample into two separate parts and keep one part for future
comparison.

(6) A document purporting to be a certificate by an
analyst as to the result of an analysis of a sample shall in
proceedings under this Act be admissible as evidence of the
matters stated therein, but either party may require the
person by whom the analysis was made to be called as a
witness.

(7) In any proceedings under this Act in which the pro-
secutor intends to rely on evidence relating to a sample taken
under this section, the summons shall not be made return-
able less than fourteen days from the day on which it is served,
and a copy of any certificate of analysis obtained on behalf
of the prosecutor shall be served with the summons.

(8) In proceedings under this Act in which the
prosecutor relies on evidence relating to a sample taken under
this section, the part of the sample retained by the inspector
or by the analyst as the case may be for future comparison
shall be produced at the hearing.

(9) The Court before which any proceedings are taken
under this Act may if it thinks fit having regard to any request
made by a party to the proceedings, cause the part of any
sample produced before the court in accordance with the pro-
visions of subsection (8) to be sent to an analyst, other than
the analyst whose certificate is then before the court, who
shall make an analysis and shall transmit to the court a cer-
tificate of the result thereof, and the court shall, upon the

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Pesticides Control (CAP. 325 13

determination of the proceeding make such order as it thinks
fit as to the cost incurred in respect of such analysis.

( 1 0 ) If, in a case where an appeal is brought, no action
has been taken under the preceding provisions of this sec-
tion those provisions shall apply also in relation to the court
by which the appeal is heard.

(1 1) In this section "analyst" means an analyst approv-
ed by the Minister for the purpose of this Act.

( 1 2 ) In subsections ( 2 ) , ( 3 ) and ( 4 ) the expression
'6 owner" shall include- -

(a ) the servant or agent of the owner of the
substance or thing from which the sample was taken;

(6) the person in whose possession the substance
or thing from which the sample was taken was found;

(6) the owner or occupier of any land or premises
on, or vehicle in which the substance or thing from which
the sample was taken was found;

(6) the employer of any worker in whose posses-
sion the substance or thing from which the sample was
taken was found.

14. This Act and any Regulations made thereunder ~ I P ~ s ~ E ' 0
shall bind the Crown, but Regulations under this Act may
provide for modifications or exceptions in the application
of this Act or such Regulations to, or in relation to, the
Crown.