3.       Appointment of Registrar

            The Minister may, by notice published in the Gazette, appoint, subject to the laws governing the public service, any officer to be the Registrar of Agrochemicals, for purposes of this Act.

4.       Functions of Registrar

            (1) The Registrar, shall subject to the control of the Minister, be responsible for the administration of this Act.

            (2) Without derogating from the generality of subsection (1) the functions of the Registrar shall be to-

     (a)     establish the appropriate facility of registration of agrochemicals, quality control and the analysis of their residues;

     (b)     register agrochemicals in accordance with this Act;

     (c)     monitor the sale, use and test residues of agrochemicals;

     (d)     collect and maintain statistical and other information concerning the importation, manufacture, distribution, sale, and use of agrochemicals and their residues;

     (e)     issue licences to persons for the importation, manufacture, distribution, sale or disposal of agrochemicals;

     (f)      produce a code of practice for the management of and dealings in agrochemicals;

     (g)     conduct public awareness campaigns on agrochemicals; and

     (h)     perform any other function in relation to agrochemicals as the Minister may require.

5.       Delegation of duties and powers

            The Registrar may, subject to such conditions as he or she may determine, delegate or assign any power or duty assigned to him or her under this Act to an inspector.

6.       National Agrochemicals Committee

            (1) The Minister shall appoint an advisory and review committee to be known as the National Agrochemicals Committee.

            (2) The Committee shall be composed of twelve members consisting of the following or their representatives-

     (a)     Director of Crop Production and Forestry who shall be the chairperson;

     (b)     Director of Animal Health and Production;

     (c)     Director of Agricultural Research;

     (d)     Director of Wildlife and National Parks;

     (e)     Director of Quality Assurance, Botswana Bureau of Standards;

     (f)      Dean of Faculty of Agriculture, Botswana College of Agriculture;

     (g)     Government Chemist, Ministry of Health;

     (h)     Head of the Chemistry Department, University of Botswana;

     (i)      Chief Chemist, Department of Water Affairs;

     (j)      Representative of National Conservation Strategy (Coordinating) Agency;

     (k)     Representative of the farming community; and

     (l)      Representative of the agrochemicals industry.

            (3) The Registrar shall be the secretary of the Committee, entitled to attend and take part in the proceedings of every meeting of the Committee but shall have no vote.

            (4) Half of the members of the Committee shall hold office for a period of two years and the other half shall hold office for a period of three years as the Minister shall direct.

            (5) A member shall be eligible for re-appointment at the expiration of his or her term of office as may be determined in accordance with subregulation (4) .

            (6) The Minister may co-opt two other members who, in his or her opinion, have knowledge and experience likely to contribute to the carrying out of the Committee's functions.

            (7) A member co-opted under subsection (6) shall be entitled to take part in the proceedings of the Committee but shall have no vote.

7.       Meetings of Committee

            (1) Subject to the provisions of this Act, the Committee shall regulate its own procedure.

            (2) The Committee shall meet at such times and places as the chairperson, or, if he or she is absent, the vice-chairperson, may determine, provided the Committee shall meet for not less than three times in a year.

            (3) The chairperson, or, if he or she is absent, the vice-chairperson, shall preside at all meetings of the Committee and if both the chairperson and vice-chairperson are absent from a meeting, the members present shall elect a person from among themselves to preside at such meeting.

            (4) The decision of a majority of the members of the Committee present at a meeting of the Committee shall constitute a decision of the Committee and in the event of an equality of votes on any matter, the person presiding at the meeting in question shall have a casting vote in addition to his or her deliberative vote.

            (5) Six members of the Committee shall form a quorum.    

8.       Functions of Committee

            The functions of the Committee shall be to-

     (a)     do all things as are necessary to control or regulate the importation, distribution, use and disposal of agrochemicals in terms of this Act;

     (b)     ensure compliance with the provisions of this Act including to make recommendations to and advise the Registrar, in respect of a certificate or licence sought to be issued in terms of this Act; and

     (c)     review the registration and licensing of agrochemicals.

9.       Appointment of an agrochemicals inspector

            (1) The Minister may, subject to the laws governing the public service, appoint an officer to be an inspector for purposes of this Act.

            (2) Every person appointed to be an inspector under subsection (1) shall be furnished with, and shall produce on request, an identity card stating that such person is duly appointed and authorised by the Minister to act as an inspector for purposes of this Act.

            (3) Subject to subsection (5), an inspector may , for purposes of this Act, at all reasonable times enter any premises in or upon which there is, or is suspected to be, any agrochemical or its residue, and there may-

     (a)     inspect and take samples of any agrochemical or any substance used or likely to be, or capable of being used in the manufacture, production, processing or treatment of an agrochemical;

     (b)     inspect any process or other operation being carried on in such premises, in respect of such agrochemical, or in connection with the manufacture, production, processing or treatment of the agrochemical;

     (c)     require from any person the production of a certificate, record, report, licence, label or other document which is in the possession, custody or under the control of such person, or of any other person on such person's behalf, which the inspector, on reasonable grounds, believes to be relevant to any inspection he or she may be carrying out;

     (d)     examine and copy any part of any certificate, record, report, licence, label or any other document produced in accordance with paragraph (c) and require any person to give an explanation of any entry therein and may take possession of any such certificate, record, report, licence, label or any other document;

     (e)     examine any container, facility or equipment used for agrochemicals and any such container, facility or equipment found in the premises;

     (f)      stop and search a motor vehicle used for the transport of agrochemicals; and

     (g)     question any person whom he or she finds in or on the premises with regard to any matter to which he or she is investigating.

            (4) Any person who is in charge of premises or motor vehicle referred to in subsection (3), shall at all reasonable times furnish such assistance as an inspector may reasonably require in the exercise of his or her powers under this section.

            (5) No person shall enter, inspect or seize any agrochemical, its residue or any item in terms of subsection (3) unless such person is an inspector and has obtained-

     (a)     the consent in writing of the owner or the occupier of the premises; or

     (b)     a search warrant.

            (6) Any person who-

     (a)     enters, inspects or seizes any agrochemical or its residue without obtaining the written consent of the owner or the occupier or producing a search warrant;

     (b)     resists, hinders or obstructs an inspector in the performance of his or her duties under this section;

     (c)     wilfully fails to comply with any requirement lawfully made of him or her in accordance with the provisions of this section,

shall be guilty of an offence.