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Agrochemicals - Miscellaneous (Ss 22-31)

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22.     Offences

 

            (1) No person shall import, distribute, sell or otherwise dispose of an agrochemical unless a label is part of or securely attached to the container of the agrochemical and clearly and indelibly marked in English with such information as may be prescribed.

            (2) No person shall alter the label of a container of an agrochemical, so as to misrepresent the nature of the agrochemical.

            (3) No person shall distribute, sell or otherwise dispose of an agrochemical otherwise than in a container that conforms to the conditions and requirements as may be prescribed.

            (4) No person shall advertise an agrochemical unless the agrochemical is duly registered in accordance with this Act.

            (5) No person shall disclose any proprietary information acquired by him or her in the exercise of any duty or function under the Act.

            (6) No person shall harvest any crops or horticultural produce, or slaughter or milk any stock following exposure of the crop, horticultural produce or stock to any agrochemical except under prescribed conditions.

            (7) "Stock" in subsection (6), has the meaning assigned to it under the Stock Theft Act.

            (8) Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable to a fine not exceeding P10, 000 or to imprisonment for a term not exceeding 10 years or to both.

            (9) It shall be a defence for any person charged with the sale of an agrochemical in contravention of this Act that he or she purchased it and purported to sell it in a sealed container bearing a label indicating that it was registered and complied with the requirements of this Act and that he or she had no reason to believe at the time of the sale that the agrochemical differed in any way from the purported contents of the container or otherwise failed to meet the requirements of this Act.

 

23.     Precautions to be taken in handling agrochemicals

 

            An employer shall, where a worker handles an agrochemical during the course of his or her employment, provide, to the worker, such facilities and clothing to ensure safe handling or use of the agrochemical.

 

24.     Labelling of agrochemicals

 

            The Minister may, on the recommendation of the Committee, by notice in the Gazette, prescribe the requirements for labelling of containers of agrochemicals.

 

25.     Promotion and advertising of agrochemicals

 

            Any publication of an agrochemical advertisement which is intended to promote the sale or use of the agrochemical shall contain-

     (a)     such information as may be required to be on labels of containers under section 24; and

     (b)     any other condition as may be prescribed.

 

26.     Temporary permit

 

            (1) The Minister may authorise a temporary permit to import, for own use and not for sale, limited quantities of agrochemicals in unopened original containers directly from a country in which such agrochemicals are registered.

            (2) The procedure to acquire a temporary permit under subsection (1) shall be as may be prescribed.

            (3) In this Part, "temporary permit" means a permit valid for a single import of the agrochemicals authorised under subsection (1).

 

27.     Publication in the Gazette

 

            The Registrar shall cause to be published by notice in the Gazette every-

     (a)     registration, renewal, variation and cancellation of a certificate;

     (b)     grant, renewal, variation, suspension and revocation of a licence.

 

28.     Record to be kept by licensee

 

            (1) A licensee shall-

     (a)     maintain such records concerning the importation, manufacture, distribution or sale of agrochemicals; and

     (b)     after complying with the requirement of subsection (a), make a report, in such form as the Registrar may prescribe, of the contents of such records to the Registrar.

            (2) A person may be exempted from maintaining records under subsection (1) if the agrochemical is acquired for own use.

 

29.     Appeal

 

            Any person aggrieved by the-

     (a)     refusal to grant a certificate or deferral of decision making to register the agrochemical; or

     (b)     variation of a condition of a certificate or cancellation of a licence,

may, within thirty days of the decision of the Registrar, appeal to the Minister in the manner prescribed or to the court on a matter of law.

 

30.     General penalty

 

            Subject to section 22, a person who contravenes any provision of this Act shall be guilty of an offence and liable, on conviction, to a fine not exceeding P8000 or to imprisonment for a term not exceeding eight years or to both.

 

31.     Regulations

 

            The Minister may make Regulations providing for any matter which under this Act is to be provided for by regulations or for the better carrying out of the purposes and provisions of this Act, and without prejudice to the generality of the foregoing, such regulations may make provision for prescribing-

     (a)     procedures of manufacturing, importing, distributing, selling or disposing of agrochemicals;

     (b)     the forms for applications of a certificate or licence and of fees;

     (c)     the form of labelling agrochemical containers;

     (d)     the manner of promoting and advertising agrochemicals;

     (e)     the manner of keeping records;

     (f)      the conditions of certificate and licence;

     (g)     procedures of acquiring a temporary permit;

     (h)     procedures of handling agrochemicals intended to be used for experimental or research purposes;

     (i)      the manner of disposal of wastes derived from agrochemicals;

     (j)      procedural requirements in respect of a review process; and

     (k)     procedures of importation, handling and use of restricted agrochemicals.