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AGRICULTURAL PESTICIDES ORDINANCE, 1971

CHAPTER I

introductory

SECTION.

 

CONTENTS

 

1.

Short title, extent and commencement.

 

2.

Application of other Laws not barred.

 

3.

Definitions.

 

CHAPTER II

IMPORT, MANUFACTURE, FORMULATION, SALE, DISTRIBUTION

AND USE OF pesticides.

4.

Pesticides to be registered.

 

5.

Application for registration of pesticide.

 

6.

Period for which registration shall be effective.

 

7.

Cancellation of registration.

 

8.

Renewal of registration.

 

9.

Importation may be prohibited.

 

10.

 Labeling of packages.

 

11.

Storage and use of pesticides.

 

CHAPTER III

THE AGRICULTURE PESTICIDE TECHNICAL ADVISORY COMMITTEE, ETC.

12.

The Agriculture Pesticide Technical Advisory Committee.

 

13.

Pesticide Laboratory.

 

14.

Government Analyst.

 

15.

Inspectors.

 

16.

Powers of Inspectors.

 

17.

Procedure of Inspectors.

 

18.

Report of Government Analyst.

 

19.

Publication of Results of test and analysis.

 

20.

Purchaser of Pesticide may have it tested or analysed.

 

CHAPTER IV

MISCELLANEOUS

21.

Offences and penalties.

 

22.

Manufacturers warranty to dealers.

 

23.

Unlawful use of registration number, lowering of Pesticidal value or hindering the Inspector from perform­ing his duty.

 

24.

Entry and seizure.

 

25.

Power of court to order forfeiture.

 

26.

Cognizance of offences, etc.

 

27.

Power to try offences summarily.

 

28.

Indemnity.

 

29.

Power to make rules.

 

30.

Delegation of Powers.

 

 

The

Agricultural Pesticides Ordinance, 1971

ORDINANCE NO. II OF 1971

25th  January, 1971

An Ordinance to regulate the import, manufacture, formulation, sale, distribution and use of pesticides.

whereas it is expedient to regulate the import, manufacture, formulation, sale, distribution and use of pesticides and for matters ancillary thereto ; and whereas the national interest of Pakistan in relation to the achievement of uniformity requires Central legislation in the matter;

Now, therefore, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:—

CHAPTER I

INTRODUCTORY

1. Short title, extent and commencement. (1) This Ordinance may be called the Agricultural Pesticides Ordinance, 1971.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Application of other laws not barred. The provisions of this Ordinance shall be in addition to, and not in derogation of, the provisions of the Poisons Act, 1919, and any other law for the time being in force.

3.  Definitions.  In this Ordinance, unless there is anything repugnant in the subject or context, the expression—

(a) “ adulterated “ when used with reference to a pesticide, means any pesticide the strength or purity of which falls below the professed standard or quality which is expressed on its label or under which it is sold or a pesticide any valuable ingredient of which has been wholly or partially extracted ;

(b) “ advertise “ means to make known by publication or distribution of any advertisement, circular or other notice ;

(c) “ brand “ means the trade name applied by an importer, manufacturer, formulator or vendor to the goods im­ported, manufactured or sold by him ;

(d) “ Committee “ means the Agriculture Pesticide Techni­cal Advisory Committee constituted under this Ordinance ;

(e) “ formulation “ means the process by which a pesticide is converted, by mixing with other substances, in to a form in which it is ready to be used ;

(f) “fungi” means all rusts, smuts, mildews, moulds, yeasts, and similar forms of plant life prescribed in this behalf and includes bacteria affecting plant life ;

(g) “ Government Analyst “ means a Government Analyst appointed under this Ordinance ;

(K) “ guarantee “ means the statement indicating the stren­gth, effectiveness and other qualities of a brand of a pesticide which an importer, manufacturer, formulator, vendor or person holding stock for sale of a brand of a pesticide is required to submit under the rules at the time of applying for the registration of the brand ;

(i) “ Inspector “ means an Inspector appointed under this Ordinance ;

(j) “ ingredient “ means any material used in mailing a pesticide;

(k) “ insect “ means any of the small invertebrate animals commonly known as insects and includes such forms of animal life as may be prescribed ;

(l) “ label “ means the written, printed or graphic matter on, or attached to, a pesticide or the immediate con­tainer thereof, and the outside container or wrapper of the retail package, if any, of the pesticide ;

(m) “package “ includes every container;

(n) “ pesticide “ means any substance or mixture of subs­tances used or represented as a means for preventing, destroying, repelling, mitigating or controlling, directly or indirectly, any insect, fungus, bacterial organism, nematodes, virus, weed, rodent, or other plant or animal pest ; but does not include a substance which is a  drug within the meaning of the Drugs Act, 1940;

(o) “ prescribed “ means prescribed by rules made under this Ordinance ;

(p) “ registered “ means registered under this Ordinance ;

(q)  registration number “ means a specific number assigned   by the federal Government to each registered brand of pesticide ;

(r) “ rules “ means rules made under this Ordinance ; and

(s) “ weed “ means any plant which grows where not wanted.

CHAPTER II

IMPORT, MANUFACTURE, FORMULATION, SALE, DISTRIBUTION,

AND USE OF PESTICIDES.

4.  Pesticides to be registered. No person shall import, manufacture, formulate, sell, offer for sale, hold in stock for sale or in any manner advertise any brand of pesticide which has not been registered in the manner hereinafter provided.

5—  Application for registration of pesticide.  (1) Any person intending to import, manufacture, for­mulate, sell, offer for sale, hold in stock for sale or advertise any brand of a pesticide may apply to the l Federal Government for the registration of the brand under such name as he may indicate in the application.

(2) An application under sub-section (1) shall be in such form, be accompanied by such fee and contain such statements and information as may be prescribed.

(3) Where the person making an application under sub­section (1) is not domiciled in Pakistan, the application shall, besides such person, be signed by his agent or representative in Pakistan.

(4) Upon the receipt of an application under sub-section (1), the Federal Government may register a brand of a pesticide by the name indicated in the application, if it is satisfied that—

(a) the brand is not such as would tend to deceive or mislead the purchaser with respect to the guarantee relating to the pesticide or its ingredients or the method of its preparation ; or

(b) the guarantee relating to the pesticide or its ingre­dients is not the same as that of another registered brand by the same manufacturer or is not so similar thereto as to be likely to deceive ; or

(c) it is effective for the purpose for which it is sold or represented to be effective ; or

(d) it is not generally detrimental or injurious to vegeta­tion, except weeds, or to human or animal health, even when applied according to directions.

(5) When it registers a brand of a pesticide on the applica­tion of any person, the Federal Government shall grant to him a certificate of registration in such form as may be prescribed.

6.   Period for which registration shall be effective.   The registration of a brand of a pesticide shall be s- effective from the date of its registration until the thirtieth day of June of the third year following the year of registration.

7.   Cancellation of registration.  If, at any time after the registration of the brand of a pesticide, the Federal Government is of opinion that the registra­tion has been secured in violation of any of the provisions of this Ordinance or the rules or that the pesticide is ineffective against pests or hazardous to vegetation, other than weeds, or to human or animal life, the Federal Government may, after giving to the person on whose application it had been registered an oppor­tunity of being heard, cancel the registration.

8.— Renewal of registration.  (1) The Federal Government may, on the applica­tion of the importer, manufacturer, formulator, vendor or stock­holder of a registered brand of a pesticide in the guarantee or ingredients of which no change has taken place since the date of its registration, renew the registration of the brand for a further period of three years.

(2) An application under sub-section (1) shall be in such form and be accompanied by such fee as may be prescribed and shall be made before the expiration of the period for which the registration of the brand to which it relates is effective.

9.  Importation may be prohibited.  If any pesticide imported into Pakistan is found to be adulterated or incorrectly or misleadingly tagged, labeled or; named, or if its sale in any way contravenes any of the provisions of this Ordinance, the lFederal Government may, by notifica­tion in the official Gazette, prohibit the further import of the pesticide into Pakistan.

10.  Labeling of packages.   No person shall sell or offer or expose for sale, or ad­vertise or hold in stock for sale any pesticide unless each package containing the pesticide, and every tag or label durably attached thereto, is branded or marked in printed characters in such form and in such manner as may be prescribed,

11.  Storage and use of pesticides.  No person shall store or use any pesticide save in accordance with rules made under this Ordinance.

CHAPTER III

THE AGRICULTURE PESTICIDE TECHNICAL ADVISORY COMMITTEE, ETC.

12.  The agriculture Pesticide technical Advisory committee.   —(1) As soon as may be after the commencement of this Ordinance/the Federal Government shall constitute a co­mmittee, to be called the Agriculture Pesticide Technical Advisory Committee, to advise the Federal Governmenton technical matt­ers arising out of the administration of this Ordinance and to per­form any other functions assigned to it by or under this Ordinance.

(2) The Committee shall consist of a Chairman and such number of Vice-Chairmen and other members, being officers of the Federal Government or a Provincial Government or persons representing trade and industry engaged in pesticide business, as the iFederal Government may appoint :

Provided that no officer of a Provincial Government and no person representing trade and industry so engaged in a Province shall be appointed otherwise than on the recommendation of the Government of the Province concerned.

(3) The names of the Chairman, the Vice-Chairman and the other members of the Committee shall be published in the official Gazette.

(4) The Federal Government shall appoint one of the mem­bers of the Committee, being an officer of that Government, to be the Secretary of the Committee for the period for which he is such a member.

(5) The non-official members of the Committee shall hold office for a term of three years and shall be eligible for re-appoint­ment.

(6) A member of the Committee may, at any time, resign his office by writing under his hand addressed to the Chairman ;

but the seat of such member shall not be deemed to have fallen vacant unless the registration has been accepted by the Chair­man with the previous approval of the Federal Government.

(7) A person appointed to fill a vacancy created by the regis­tration or death of a member shall hold office for the residue of the term of his predecessor.

(8) The functions of the Committee may be exercised not­withstanding any vacancy in the membership thereof.

(9) The Committee shall have the power to regulate with the prior approval of the Federal Government the procedure for the conduct of its business.

(10) The Committee may appoint sub-committees consisting of specialists for the consideration of particular matters for such periods, not exceeding three years, as it may consider necessary.

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