<<

ORDINANCE

OF THE STATES OF DELIBERATION

ENTITLED

The Poisonous Substances Ordinance, 1962 *

[CONSOLIDATED TEXT]

NOTE

This consolidated version of the enactment incorporates all amendments listed in the footnote below. However, while it is believed to be accurate and up to date, it is not authoritative and has no legal effect, having been prepared in-house for the assistance of the Law Officers. No warranty is given that the text is free of errors and omissions, and no liability is accepted for any loss arising from its use. The authoritative text of the enactment and of the amending instruments may be obtained from Her Majesty's Greffier, Royal Court House, Guernsey, GY1 2PB.

© States of Guernsey

* Recueil d'Ordonnances Tome XIII, p. 140; as amended by the Uniform Scale of Fines (Bailiwick of Guernsey) Law, 1989 (Ordres en Conseil Vol. XXXI, p. 278); the Poisonous Substances (Amendment) Ordinance, 1963 (Recueil d'Ordonnances Tome XIII, p. 320); the States Civil Service Board (Implementation) Ordinance, 1964 (Recueil d'Ordonnances Tome XIV, p. 4); the Poisonous Substances Ordinance, 1967 (Recueil d'Ordonnances Tome XV, p. 13); the Poisonous Substances (Amendment) Ordinance, 1968 (Recueil d'Ordonnances Tome XV, p. 268); the Poisonous Substances (Amendment) Ordinance, 1969 (Recueil d'Ordonnances Tome XVI, p. 8); the Poisonous Substances (Amendment) Ordinance, 1970 (Recueil d'Ordonnances Tome XVI, p. 361); the Poisonous Substances (Amendment) Ordinance, 1972 (Recueil d'Ordonnances Tome XVIII, p. 57); the Poisonous Substances (Amendment) Ordinance, 1980 (Recueil d'Ordonnances Tome XXI, p. 433); the Transfer of Functions Ordinance, 1991 ((Recueil d'Ordonnances Tome XXV, p. 328)); the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003 (No. XXXIII of 2003). See also the Health and Safety at Work (General) (Guernsey) Ordinance, 1987 (Recueil d'Ordonnances Tome XXIV, p. 162); the Health and Safety (Fees) Order, 1994 (G.S.I. No. 8 of 1994); the Board of Employment, Industry and Commerce (Transfer of Functions) Ordinance, 1996 (No. XXXI of 1996). Consolidated text

ORDINANCE

OF THE STATES OF DELIBERATION

ENTITLED

The Poisonous Substances Ordinance, 1962

ARRANGEMENT OF SECTIONS

PART I

Interpretation

1. Interpretation.

PART II

Poisonous Substances

2. Poisonous substances.

PART III

Safety of employees

3. Application of Part III. 4. Operations prohibited except when protective clothing is worn. 5. Greenhouses. 6. Provision and maintenance of protective clothing. 7. Miscellaneous obligations relating to employers. 8. Miscellaneous prohibitions and obligations relating to protected workers. 9. Repair of apparatus. 10. Keeping of a register. 11. Restriction on hours of work. 12. Notification of sickness and of absence. 13. Instruction and supervision of protected workers. 14. Prohibition of employment of persons under eighteen years. 15. Certificates of exemption. 16. Poisonous substances not in sealed containers.

© States of Guernsey 2 Consolidated text

17. Notification of accidents. 18. Medical examination of persons regularly employed to work on scheduled operations. 19. First-Aid. 20. Fire precautions.

PART IV

Spraying contractors

21. Spraying contractor's licence. 22. Insurance. 23. Accommodation in vehicles for poisonous substances, clothing and apparatus. 24. Examination of apparatus. 25. Prohibition and restriction of use of defective apparatus.

PART V

Miscellaneous

26. Importation of poisonous substances. 27. Use of, and disposal of, empty containers. 28. Duties of medical practitioners and veterinary surgeons. 29. Investigation of cases of poisoning or suspected poisoning of any person, livestock or crops. 30. Powers of inspectors. 31. Provisions as to samples. 32. Powers of the Committee in relation to crops intended for sale for consumption. 33. Offences in relation to the sale etc. of crops treated with poisonous substances. 34. ... 35. ... 36. Precautions and warnings in cases where poisonous substances are applied in the form of a dust, smoke or spray.

PART VI

Offences, penalties and legal proceedings

37. Offences by employers. 38. Offences by protected workers. 39. Offences by spraying contractors.

© States of Guernsey 3 Consolidated text

40. Falsification of records, etc. 41. Penalties. 42. Power of Court to order the cause of a contravention to be remedied. 43. Penalties on persons actually committing offence for which others are liable. 44. Defence available to persons charged with offences. 45. Service and sending of documents.

PART VII

Repeal, application, citation and commencement

46. Repeal. 47. Application. 48. Citation and commencement.

FIRST SCHEDULE Substances declared to be substances which are harmful to human beings, animals or anything grown on land. SECOND SCHEDULE Poisonous substances in relation to which the provisions of Part III of this Ordinance apply. THIRD SCHEDULE Scheduled operations.

© States of Guernsey 4 Consolidated text

(Made on the 25th July, 1962.)

The Poisonous Substances Ordinance, 1962

THE STATES, in exercise of the powers conferred on them by the Health, Safety and Welfare of Employees Law, 1950, and by section two and section eight of the Poisonous Substances (Guernsey) Law, 1958, and of all other powers thereunto them enabling and in pursuance of their Resolution of the twenty-second day of April, nineteen hundred and fifty-nine, hereby order: –

PART I

Interpretation

Interpretation. 1. (1) In this Ordinance, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say –

[ "aerosol" means a spray the majority of the particles of which are less than eighty microns in diameter,

"aerosol dispenser" means a spraying-apparatus so constructed as to release an aerosol,]

"aerosol dispenser" means a spraying apparatus so constructed that the majority of the particles of the spray released therefrom are less than eighty microns in diameter,

© States of Guernsey 5 Consolidated text

"agriculture" includes dairy-farming, the production of any consumable produce which is grown for sale or for consumption or other use for the purposes of a trade or business or of any other undertaking (whether carried on for profit or not) the production of any ferns, flowers and bulbs which are grown for sale, and the use of land as grazing, meadow or pasture land or orchard or osier land or woodland or for market gardens or nursery grounds, and "agricultural" shall be construed accordingly,

"agricultural unit" means land which is occupied as a unit for agricultural purposes,

"authorised medical practitioner", "authorised pharmacist" and "authorised veterinary surgeon" mean a medical practitioner, a pharmacist or a veterinary surgeon, as the case may be, authorised to practise as such in the Island according to the law for the time being in force,

"bulbs" includes corms, rhizomes and tubers but does not include potato tubers,

"the Committee" has the meaning assigned to it by section one of the Poisonous Substances (Guernsey) Law, 1958,

"consumable produce" means produce grown for consumption or for other use after severance from the land on which it is grown,

"contravention" includes, in relation to any provision, a failure to comply with that provision and the expression "contravene" shall be construed accordingly,

"dust-mask" means a filtering apparatus so designed as to eliminate

© States of Guernsey 6 Consolidated text

so far as practicable the risk of pollution, by liquid and solid particles containing a poisonous substance, of the air breathed by the person wearing it,

"employer" means the employer of a protected worker,

"eye-shield" means a shield so designed as to protect the eyes from being splashed by a poisonous substance,

"face-shield" means a shield covering the whole of the forehead and face, so designed as to protect the forehead and face from being splashed by a poisonous substance,

[ "granule placement" means the process whereby a poisonous substance in granular form is deposited on or in the soil or on plants,

"granule placement apparatus" includes any apparatus or device through or by means of which granule placement is carried out,]

"greenhouse" includes any enclosed building or erection in which plants are grown,

"ground-crop" means any crop grown in the ground and includes the plant on which the crop is grown, but does not include bushes, climbing plants, or trees or the crops grown thereon,

"hood" means a hat or other covering to the head, so designed as to protect the forehead and back and sides of the neck, and, when required by this Ordinance to be worn in connection with the use of a poisonous substance containing dinoseb or DNOC, not so coloured that the presence of

© States of Guernsey 7 Consolidated text

the stains thereof is not clearly visible,

"inspector" means a person appointed by [the States [Policy Council]] to execute and perform the powers and duties of an inspector under this Ordinance,

"the Island" means the Island of Guernsey,

"livestock" means bulls, cows, oxen, heifers, calves, sheep, goats, swine, horses, asses, mules, dogs and any other domestic animals and poultry,

[ "mackintosh" means a waterproof coat covering the whole of the body except the head, the hands and below the knees, and when required by this Ordinance to be worn in connection with the use of a poisonous substance in granular form, having all external pockets covered,]

"maintained" means maintained in an efficient state, in efficient working order and in good repair,

[ "overall" means an overall with fastenings at the neck and wrists covering all clothing other than headgear, footwear and gloves, and when required by this Ordinance to be worn in connection with the use of –

(a) a poisonous substance containing dinoseb or DNOC, not so coloured that the presence of the stains thereof is not clearly visible,

(b) a poisonous substance in granular form, having all external pockets covered,]

© States of Guernsey 8 Consolidated text

"plant" includes any form of vegetable life,

"poisonous substances" has the meaning assigned to it by section two of this Ordinance,

"poisonous substance in capsule form" means a poisonous substance prepared in such manner that it is completely isolated by some substance that is not poisonous from a person handling the capsule,

[ "poisonous substance in granular form" means a preparation –

(a) which consists of absorbent mineral or synthetic solid particles impregnated with a poisonous substance, the size of the particles being such that not more than four per centum by weight of the preparation is capable of passing a sieve with a mesh of two hundred and fifty microns, and not more than one per centum a sieve with a mesh of one hundred and fifty microns,

(b) which has an apparent density of not less than four tenths of a gramme per millilitre if compacted without pressure, and

(c) not more than twelve per centum of which by weight consists of a poisonous substance,]

"prescribed" means prescribed by the Committee,

"protected worker" means a person employed under a contract of

© States of Guernsey 9 Consolidated text

service or apprenticeship –

(a) in connection with the use in agriculture or on a public highway of a poisonous substance,

(b) on land on which a poisonous substance has been or is being used in agriculture,

(c) on any part of a public highway on which a poisonous substance has been or is being used, or

(d) at any premises at which a poisonous substance intended for sale for use in agriculture is stored, prepared or exposed for sale,

"protective clothing" means the clothing and equipment required to be worn under the provisions of this Ordinance,

"public highway" includes any place to which the public have access,

"respirator" means a filtering apparatus covering the whole of the face and so designed as to ensure the person wearing it of a supply of air adequate for respiration and to eliminate so far as practicable the risk of pollution, by gas and liquid and solid particles containing a poisonous substance, of the air breathed by the person wearing it,

"rubber" includes synthetic rubber, oilskin and other substances or materials impermeable in the circumstances in which they are used to liquids and gases,

© States of Guernsey 10 Consolidated text

"rubber apron" means a rubber apron covering the front and sides of the body from immediately below the shoulders to at least three inches below the knees,

"rubber boots" means rubber boots extending from the feet upwards to at least immediately below the knees,

"rubber coat" means a rubber coat covering the whole of the body except the head, the hands and below the knees,

"rubber gloves" means rubber gloves or gauntlets completely covering the hands and wrists, and fitting sufficiently closely around the wrists and forearms to be covered by the sleeves of a mackintosh, an overall or rubber coat, when worn together with any of such articles of protective clothing,

"scheduled operation" has the meaning assigned to it by subsection (1) of section four of this Ordinance,

"smoke-generator" includes any device by means of which a poisonous substance is thermally distributed by a heater composition,

"soil-application" means the process whereby a poisonous substance is discharged or released in unbroken liquid form directly on to or into the soil,

"soil-application apparatus" includes any apparatus or device through or by means of which soil-application is carried out,

© States of Guernsey 11 Consolidated text

"sou'wester" means a rubber hat or other covering which completely covers the head (other than the face) and is so shaped as to protect the back of the neck from falling spray,

[ "spraying" does not include soil-application or the use of a poisonous substance in capsule or granular form, but save as aforesaid includes any process whereby plants are treated with a poisonous substance and in relation to any plants includes the spraying of the soil in which the plants are being or are to be grown,]

"spraying apparatus" includes any apparatus or device through or by means of which spraying is carried out,

"spraying contractor" means a person who carries on any business in connection with the use in agriculture of any poisonous substance on land which is not occupied by him,

"wetter" means a chemical agent which when added to a poisonous substance promotes on the surface of a solid (including rubber) the formation of a continuous liquid film.

(2) In this Ordinance the common name (if any) of a poisonous substance specified in the first column of the First Schedule or Second Schedule to this Ordinance means the poisonous substance specified opposite thereto in the second column of the First Schedule or Second Schedule to this Ordinance, as the case may be.

(3) Except in so far as the context otherwise requires, any reference in this Ordinance to any other enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment,

© States of Guernsey 12 Consolidated text

including this Ordinance.

[ (4) References in this Ordinance to dinoseb, DNOC or nicotine include references to the respective salts thereof.]

NOTES

In section 1,

the definitions of the expressions "aerosol" and "aerosol dispenser" in subsection (1) were, respectively, inserted and substituted by the Poisonous Substances Ordinance, 1967, section 9(1)(a), with effect from 13th February, 1967;

the definitions of the expressions, first, "granule placement" and "granule placement apparatus" and, second, "poisonous substance in granular form" in subsection (1) were inserted by the Poisonous Substances Ordinance, 1967, respectively section 9(1)(b) and section 9(1)(e), with effect from 13th February, 1967;

the words in square brackets in the definition of the expression "inspector" in subsection (1) were substituted by the States Civil Service Board (Implementation) Ordinance, 1964, section 1, Schedule, with effect from 29th January, 1964;

the words in square brackets within the square brackets in the definition of the expression "inspector" in subsection (1) were substituted by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003, section 2, Schedule 1, paragraph 12(a), with effect from 6th May, 2004;

the definitions of the expressions, first, "mackintosh", second "overall" and, third, "spraying" in subsection (1) were substituted by the Poisonous Substances Ordinance, 1967, respectively section 9(1)(c), section 9(1)(d) and section 9(1)(f), with effect from 13th February, 1967;

subsection (4) was inserted by the Poisonous Substances Ordinance, 1967, section 9(2), with effect from 13th February, 1967.

The functions of the Labour and Welfare Committee ("the Committee") under this Ordinance were transferred to the States Board of Employment, Industry and Commerce by the Transfer of Functions Ordinance, 1991, section 2, Schedule 2, paragraph 15, with effect from 31st July, 1991, subject to the savings and transitional provisions in section 3 of the 1991

© States of Guernsey 13 Consolidated text

Ordinance. In accordance with the provisions of the Board of Employment, Industry and Commerce (Transfer of Functions) Ordinance, 1996, the functions of the States Board of Employment, Industry and Commerce and its President were transferred to the States of Guernsey Board of Industry, with effect from 31st October, 1996; and the functions of the Board of Industry and its President were transferred to the States of Guernsey Commerce and Employment Department by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003, section 2, Schedule 1, paragraph 5, with effect from 6th May, 2004.

The functions, rights and liabilities of the Civil Service Board and of its President arising under or by virtue of this Ordinance were transferred to and vested in, respectively, the Policy Council and its Minister by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003, section 1, Schedule 1, paragraph 12(a), with effect from 6th May, 2004, subject to the savings and transitional provisions in section 4 of the 2003 Ordinance.

In accordance with the provisions of the Health and Safety at Work (General) (Guernsey) Ordinance, 1987, section 35(1), Schedule 4, with effect from 1st December, 1987, this enactment is one of those to be regarded as "relevant statutory provisions" for the purposes of the 1987 Ordinance.

In accordance with the provisions of the Health and Safety (Fees) Order, 1994, the fees payable for:

the application for, or the grant, renewal or variation of

the licences, or

the provision of the services or documents

therein referred to under or for the purposes of this Ordinance or any subordinate legislation made hereunder are as contained in article 3 thereof.

The Poisonous Substances (Guernsey) Law, 1958 has since been repealed by the Poisonous Substances (Guernsey) Law, 1994, section 5, with effect from 1st November, 1995.

PART II

Poisonous substances

© States of Guernsey 14 Consolidated text

Poisonous substances. 2. The substances specified in the second column of the First Schedule to this Ordinance and any preparations or mixtures containing any such substances are hereby declared, for the purposes of this Ordinance, to be substances (hereafter in this Ordinance referred to as "poisonous substances") which are harmful to human beings, animals or anything grown on land.

PART III

Safety of employees

Application of Part III. 3. (1) Subject to the provisions of subsection (2) of this section, the provisions of this Part of this Ordinance shall apply only in relation to any poisonous substance which is –

(a) a substance specified in the second column of the Second Schedule to this Ordinance, or

(b) a preparation or mixture containing any substance so specified.

[ (2) The provisions of this Part of this Ordinance shall not apply in relation to –

(a) a preparation or mixture used exclusively as an where the only poisonous substance specified as aforesaid in the second column of the Second Schedule to this Ordinance which is contained

© States of Guernsey 15 Consolidated text

in that preparation or mixture is not more than five per centum by weight of dinoseb or DNOC;

(b) a preparation or mixture where the only such substance contained in it is not more than seven and one half per centum by weight of nicotine,

(c) an aerosol where the only such substance contained in it is not more than four tenths per centum by weight of , and

(d) an impregnated resin strip where the only such substance contained in it is not more than twenty per centum by weight of dichlorvos.]

NOTE

In section 3, subsection (2) was substituted by the Poisonous Substances Ordinance, 1967, section 9(3), with effect from 13th February, 1967.

Operations prohibited except when protective clothing is worn. 4. (1) A protected worker shall not, and his employer shall not cause or permit him to, carry out any operation specified in the first column of the Third Schedule to this Ordinance (hereafter in this Ordinance referred to as "a scheduled operation") in relation to any poisonous substance referred to in the second column of the said Schedule unless he is wearing the protective clothing respectively set forth opposite the said second column in the third column of the said Schedule.

(2) Any reference in the second column of the Third Schedule to

© States of Guernsey 16 Consolidated text

this Ordinance to any poisonous substance shall be deemed to include a reference to any preparation or mixture containing such poisonous substance.

(3) In subsection (1) of this section the expression "any operation" includes an operation which a protected worker carries out either –

(a) as the principal or only protected worker engaged in carrying it out, or

(b) as a member of a team of persons engaged in carrying it out, if he is in risk of being poisoned by the poisonous substance that is used.

(4) Notwithstanding anything contained in the last foregoing subsection, paragraph (b) of that subsection shall not operate so as to include a person principally engaged as a tractor-driver in connection with any soil- application operation, not being an operation carried out with soil-application apparatus mounted on a tractor, so long as such person is engaged exclusively in tractor-driving.

Greenhouses. 5. (1) Subject to the provisions of this section, a protected worker shall not, and his employer shall not cause or permit him to, enter or be present in a greenhouse in which a poisonous substance has been used unless he is wearing –

(a) where the apparatus used was an aerosol dispenser or a smoke-generator, the protective clothing specified opposite item 7 in the third column of the Third Schedule to this Ordinance,

© States of Guernsey 17 Consolidated text

(b) in all other cases, the protective clothing specified opposite item 4 in the third column of the said Schedule as the appropriate protective clothing in relation to the poisonous substance that has been used.

(2) The provisions of subsection (1) of this section shall not apply where –

(a) a period of six hours has elapsed since the poisonous substance was used, and a sufficient number of lights in the greenhouse have been open for at least one hour after the expiration of that period to ensure ventilation, or

(b) a period of twelve hours has elapsed since the poisonous substance was used.

(3) Subject to the provisions of subsection (5) of this section, where a poisonous substance has been used in a greenhouse and the occupier of the agricultural unit comprising the greenhouse employs persons who work in such unit, the occupier shall immediately after the poisonous substance has been used cause a conspicuous and legible notice to be affixed on the outside of each door of the greenhouse warning such persons of the poisonous substance which has been used in the greenhouse and of the effect of the provisions of subsections (1) and (2) of this section.

(4) Every notice affixed in pursuance of the provisions of the last foregoing subsection shall remain and be maintained in position for a period of not less than twelve hours.

© States of Guernsey 18 Consolidated text

(5) The provisions of this section shall not apply to the use in a greenhouse of a poisonous substance in capsule form.

(6) The occupier of any agricultural unit who contravenes any of the provisions of subsection (3) and subsection (4) of this section shall be guilty of an offence under this Ordinance.

Provision and maintenance of protective clothing. 6. (1) The employer of a protected worker who carries out any scheduled operation shall –

(a) provide the protected worker with any protective clothing required to be worn under the provisions of this Part of this Ordinance and, where such protective clothing includes a respirator or dust-mask, provide an adequate supply of filters for replacement of those used,

(b) maintain or cause to be maintained in good and serviceable condition all protective clothing, and

(c) provide accommodation for the keeping of –

(i) protective clothing, and

(ii) the protected worker's personal clothing not worn during working hours.

(2) The accommodation provided under the provisions of paragraph (c) of subsection (1) of this section shall be such as to ensure ventilation

© States of Guernsey 19 Consolidated text

and that the protected worker's personal clothing does not become contaminated by a poisonous substance whether from protective clothing or otherwise.

Miscellaneous obligations relating to employers. 7. (1) The employer of a protected worker who carries out a scheduled operation shall –

(a) at a place which is conveniently accessible but outside the area in which the protected worker might be in risk of poisoning by any poisonous substance which has been used, provide adequate and suitable washing facilities including soap and clean towels and either a supply of piped running water or clean water in containers, clearly marked "Personal washing only", for the personal use of the protected worker,

(b) provide –

(i) a supply of wholesome drinking water,

(ii) clean drinking vessels, and

(iii) suitable facilities for keeping food or drink intended for the protected worker's consumption free from risk of contamination by any poisonous substance,

(c) except where a supply of piped running water is available, provide clean water in a container for the washing or cleaning of the protective clothing (other

© States of Guernsey 20 Consolidated text

than overalls, hoods, respirators, dust-masks, or mackintoshes) which the protected worker has worn,

(d) at the end of each day's operations cause to be thoroughly washed with water or, where appropriate, with water and a suitable wetter, all protective clothing (other than overalls, hoods, respirators, dust- masks or mackintoshes) which the protected worker has worn during the day's operations in carrying out the scheduled operation and, in the case of –

(i) rubber gloves, cause the insides as well as the outsides to be so thoroughly washed,

(ii) respirators and dust-masks, cause them to be both cleaned and ventilated,

(e) maintain or cause to be maintained in good and serviceable condition all spraying apparatus and soil- application apparatus,

(f) keep all spraying apparatus, soil-application apparatus[, granule placement apparatus] and the exterior of all tanks and containers which contain or have contained a poisonous substance free from contamination by any such substance, so far as it is practicable so to do,

(g) keep the opening of all tanks and containers in which a poisonous substance is stored, when not in use,

© States of Guernsey 21 Consolidated text

securely closed or covered over, and

(h) cause every overall and hood which has been worn in the carrying out of the scheduled operation to be thoroughly washed with soap (or other suitable detergent) and water at least once in every period of six consecutive days in which it has at any time been so worn and also whenever by reason of the presence of stains of a poisonous substance thereon there are reasonable grounds for apprehending that a protected worker may be in risk of poisoning.

(2) For the purpose of the provisions of paragraph (a) of subsection (1) of this section, in considering –

(a) whether a place is conveniently accessible, account may be taken of any transport provided for protected workers at appropriate times, and

(b) whether washing facilities are adequate and suitable at any time and place, regard shall be had to the number of protected workers for whom such facilities are required at that time and place.

NOTE

In section 7, the words in square brackets in paragraph (f) of subsection (1) were inserted by the Poisonous Substances Ordinance, 1967, section 9(4), with effect from 13th February, 1967.

© States of Guernsey 22 Consolidated text

Miscellaneous prohibitions and obligations relating to protected workers. 8. (1) A protected worker who carries out any scheduled operation shall not –

(a) at any time blow, suck or apply his mouth to any jet, sprinkler, nozzle or other spraying apparatus or soil- application apparatus which contains or has contained a poisonous substance, whether for the purpose of removing any obstruction or otherwise,

(b) make use of any container which is provided in pursuance of the provisions of paragraph (a) of subsection (1) of the last foregoing section for the personal use of the protected worker for the washing of protective clothing or make use of any container which is not so provided for personal washing,

(c) make use of any drinking vessel provided by his employer otherwise than to drink from, or

(d) eat, drink or smoke unless he has removed all protective clothing (other than any overall or rubber boots), has washed his hands and face, and is outside an area in which he might be poisoned by any poisonous substance which has been, is being or is about to be used, or by any protective clothing which has been worn in connection with the use of a poisonous substance.

(2) A protected worker who carries out any scheduled operation

© States of Guernsey 23 Consolidated text

shall –

(a) deposit his personal clothing not worn during working hours in the accommodation provided by his employer in accordance with the provisions of section six of this Ordinance (which relates to the provision and maintenance of protective clothing); and

(b) at the end of each day's operation forthwith –

(i) remove all protective clothing worn by him and deposit it in such accommodation as aforesaid, and

(ii) wash his hands, face and neck.

(3) A protected worker shall not –

(a) wilfully interfere with or misuse any appliance, clothing, equipment, facilities or other thing provided in pursuance of the provisions of this Part of this Ordinance, or

(b) wilfully and without reasonable cause do anything likely to cause risk of poisoning from a poisonous substance to himself or others.

Repair of apparatus. 9. [ (1) A protected worker shall not, and his employer shall not cause or permit him to, repair any spraying apparatus, soil-application apparatus or

© States of Guernsey 24 Consolidated text

granule placement apparatus which has been, is being or is about to be used for spraying, for soil-application or for granule placement unless such apparatus or so much thereof as requires repair is first thoroughly washed with water or, where appropriate, with water and a suitable wetter.]

(2) Subsection (1) of this section shall not apply to repairs made during the carrying out of any scheduled operation if the protected worker is wearing the protective clothing required by the provisions of this Part of this Ordinance to be worn when carrying out such operations.

NOTE

In section 9, subsection (1) was substituted by the Poisonous Substances Ordinance, 1967, section 9(5), with effect from 13th February, 1967.

Keeping of a register. 10. (1) An employer shall keep a register in the prescribed form and containing particulars of –

(a) the name and address of every protected worker employed by him who carries out any scheduled operation,

(b) the number of hours worked on any such operation by any such protected worker on each day,

(c) the poisonous substance in connection with which the protected worker has worked as aforesaid,

(d) any matters which the employer is required to notify

© States of Guernsey 25 Consolidated text

to the Committee in accordance with the provisions of section twelve of this Ordinance (which relates to the notification of sickness and of absence);

(e) any matters required to be entered in the register as a condition of granting a certificate of exemption under section fifteen of this Ordinance (which relates to certificates of exemption);

(f) any notification made to an employer in accordance with the provisions of subsection (2) of section twenty- eight of this Ordinance (which relates to the duties of medical practitioners and veterinary surgeons).

(2) An employer shall preserve the register required to be kept by this section for at least two years after the date of the last entry therein.

(3) An employer shall give to a protected worker who ceases to be employed by him a copy of any particulars contained in the register kept by the employer in accordance with the provisions of this section, so far as such particulars relate to that protected worker during the last six months of his employment, and the protected worker, on entering the employment of any other employer at any time within six months of so ceasing to be employed, shall give to that employer any such copy as aforesaid.

Restriction on hours of work. 11. A protected worker shall not work on any scheduled operation, and his employer shall not cause or permit him to so work, for more than –

(a) ten hours in any period of twenty-four consecutive

© States of Guernsey 26 Consolidated text

hours,

(b) sixty hours in any period of seven consecutive days, or

(c) one hundred and twenty hours in any period of twenty- one consecutive days.

Notification of sickness and of absence. 12. (1) If at any time there are reasonable grounds for an employer to apprehend that a protected worker employed by him may be suffering from poisoning from a poisonous substance, the employer shall forthwith notify the Medical Officer of Health thereof.

(2) Without prejudice to the provisions of subsection (1) of this section, if a protected worker absents himself from duty for more than three days –

(a) otherwise than for a reason known to his employer not to be caused by poisoning from dinoseb or DNOC, and within the fourteen days immediately preceding such absence the protected worker has worked for more than sixty hours in connection with the use of dinoseb or DNOC, or

(b) otherwise than for a reason known to his employer not to be caused by poisoning from any other poisonous substance, and within the twenty-eight days immediately preceding such absence the protected worker has worked for more than sixty hours in connection with the use of such other poisonous substance,

© States of Guernsey 27 Consolidated text

the employer shall forthwith notify the Medical Officer of Health of such absence.

Instruction and supervision of protected workers. 13. (1) An employer shall not cause or permit a protected worker to work on any scheduled operation unless the worker has been thoroughly instructed in the precautions to be observed and is under adequate supervision.

(2) Nothing in the foregoing subsection shall release a protected worker from any obligation or prohibition imposed on him by this Ordinance.

Prohibition of employment of persons under eighteen years. 14. A person under the age of eighteen years shall not in any circumstances be employed to work on any scheduled operation or in any other operation involving the use in agriculture of a smoke-generator.

Certificates of exemption. 15. (1) If the employer of a protected worker satisfies the Committee that –

(a) any of the foregoing provisions of this Part of this Ordinance could reasonably be dispensed with if alternative conditions to protect the protected worker from the risk of poisoning were observed, or

(b) by reason of exceptional circumstances or of the small extent of the operations carried out or for any other reason any of the foregoing provisions of this Ordinance are unnecessary for the protection of the protected worker,

© States of Guernsey 28 Consolidated text

the Committee may, by a certificate issued to the employer, exempt the employer and the protected worker to whom the certificate applies from such of the provisions of this Part of this Ordinance to which each of them would otherwise respectively be subject as are specified in the certificate.

(2) The Committee may –

(a) attach such conditions as it deems fit to any certificate issued by it under the provisions of subsection (1) of this section, and

(b) by notice in writing served on any employer to whom such certificate has been issued, revoke such certificate or revoke or vary any conditions so attached thereto.

(3) Any employer to whom a certificate has been issued under the provisions of subsection (1) of this section who fails to comply with any condition attached thereto under the provisions of subsection (2) of this section shall be guilty of an offence under this Ordinance.

Poisonous substances not in sealed containers. 16. (1) At any of the following premises where any person is employed, that is to say –

(a) any agricultural unit,

(b) any premises at which any poisonous substance intended for sale for use in agriculture is stored or

© States of Guernsey 29 Consolidated text

prepared or exposed for sale, and

(c) any premises occupied by a spraying contractor for the purposes of his business as a spraying contractor, any poisonous substance belonging to the occupier of any such premises which is being kept on those premises otherwise than in a properly sealed container shall, when not in actual use, be kept in a properly constructed locked cupboard or locked chest the key of which shall be kept in the custody of such person as may be appointed in that behalf by the occupier.

(2) The occupier of any premises to which the provisions of subsection (1) of this section apply who contravenes any of those provisions shall be guilty of an offence under this Ordinance.

(3) At any premises at which any person is employed, any poisonous substance belonging to any spraying contractor which is being kept on those premises otherwise than in a properly sealed container shall, when not in actual use, be kept in a properly locked chest the key of which shall be kept in the custody of that spraying contractor or of such person employed by him as he may appoint in that behalf.

Notification of accidents. 17. (1) Where any accident occurs to any protected worker in the course of his employment arising out of the use of any poisonous substance which either –

(a) causes loss of life to that protected worker, or

(b) disables him for more than three days from earning

© States of Guernsey 30 Consolidated text

full wages at the work at which he was employed, written notice of the accident, in the prescribed form and accompanied by the prescribed particulars, shall forthwith be sent to the Committee by the employer of that protected person.

(2) Where any accident causing the disablement of any protected worker is notified under the provisions of this section, and after notification thereof results in the death of that protected worker, notice in writing of the death shall be sent to the Committee by the employer of that protected worker as soon as the death comes to his knowledge.

Medical examination of persons regularly employed to work on scheduled operations. 18. (1) The employer of any protected worker who has been employed to work on any scheduled operation for more than –

(a) one hundred and twenty hours during any period of six consecutive weeks,

(b) one hundred and twenty hours during any period of six consecutive months, shall make arrangements at his own expense for that protected worker to be examined by an authorised medical practitioner on a convenient day and at a reasonable time as soon as may be after the expiration of that period of six consecutive weeks or six consecutive months, as the case may be.

(2) Any protected worker in respect of whom arrangements for a medical examination have been made in accordance with the provisions of

© States of Guernsey 31 Consolidated text

subsection (1) of this section shall submit himself for such examination in pursuance of those arrangements.

First-Aid. 19. (1) The provisions of section two and section three of the Safety of Employees (First-Aid and Welfare) Ordinance, 1954, shall apply in relation to any of the premises as are mentioned in subsection (1) of section sixteen of this Ordinance (which relates to poisonous substances not in sealed containers) at which any person is employed to work on any scheduled operation as those provisions apply in relation to factories, quarries and growing properties:

PROVIDED that the provisions of the said section two and of the said section three of the Safety of Employees (First-Aid and Welfare) Ordinance, 1954, shall not apply by virtue of the provisions of this subsection –

(i) in relation to any agricultural unit solely by reason of the fact that a person is employed to work on any scheduled operation in that unit if that person is so employed by a person other than the occupier of that unit,

(ii) in relation to any premises which are a factory or growing property within the meaning of that Ordinance,

(iii) in relation to any premises occupied by an authorised pharmacist for the purposes of his business as an authorised pharmacist.

(2) In the event of any contravention of any of the provisions of

© States of Guernsey 32 Consolidated text

section two or section three of the Safety of Employees (First-Aid and Welfare) Ordinance, 1954, at any premises in relation to which those provisions apply by virtue of the provisions of subsection (1) of this section, the occupier of those premises shall be guilty of an offence under this Ordinance.

(3) Any spraying contractor who employs any person to work on any scheduled operation at any place of which that spraying contractor is not the occupier shall provide and keep at that place in such manner as to be readily accessible by that person while he is so employed at that place a first-aid box which shall –

(a) contain at least the items specified in the First Schedule to the Safety of Employees (First-Aid and Welfare) Ordinance, 1954,

(b) be conspicuously marked on the outside with the words "FIRST-AID",

(c) contain only appliances or requisites for first-aid, and all materials for dressings contained in such first-aid box shall be those designated in, and of a grade or quality not lower than the standards prescribed by, the British Pharmaceutical Codex or any supplement thereto.

Fire precautions. 20. (1) The provisions of section twenty of the Safety of Employees (Miscellaneous Provisions) Ordinance, 1952, shall apply in relation to any of the following premises, not being a factory within the meaning of that Ordinance, at which any person is employed, that is to say –

© States of Guernsey 33 Consolidated text

(a) any premises at which any poisonous substance intended for sale for use in agriculture is stored or prepared or exposed for sale,

(b) any premises occupied by a spraying contractor for the purposes of his business as a spraying contractor, as if any reference in those provisions to a factory included a reference to any such premises and as if for any reference in those provisions to the Authority there were substituted a reference to the Committee.

(2) In the event of any contravention of any of the provisions of section twenty of the Safety of Employees (Miscellaneous Provisions) Ordinance, 1952, at any premises in relation to which those provisions apply by virtue of subsection (1) of this section, the occupier of those premises shall be guilty of an offence under this Ordinance.

PART IV

Spraying Contractors

Spraying Contractor's licence. 21. (1) A person shall not carry on the business of a spraying contractor except under a licence granted by the Committee.

(2) A person who desires to obtain a licence under the provisions of subsection (1) of this section shall apply for the licence to the Committee and furnish the Committee with the prescribed particulars.

(3) The Committee may attach –

© States of Guernsey 34 Consolidated text

(a) any conditions to the grant of any licence granted under the provisions of subsection (1) of this section,

(b) any further conditions to any such licence, and may vary or revoke any such conditions.

(4) The Committee may refuse the grant of a licence under the provisions of subsection (1) of this section and may at any time suspend or revoke any licence granted under that subsection.

(5) Every person holding a licence granted under the provisions of subsection (1) of this section shall comply with every condition attached for the time being to such licence.

(6) Any person aggrieved by the decision of the Committee to refuse the grant of a licence under the provisions of subsection (1) of this section or to suspend or revoke a licence granted under that subsection may appeal therefrom to the Royal Court sitting as an Ordinary Court.

Insurance. 22. (1) A spraying contractor shall maintain in force a policy of insurance which shall be issued by an insurer who is an insurer approved by the Committee, which policy shall, subject to the exceptions, definitions and conditions thereof –

(a) indemnify the spraying contractor against liability in respect of fatal or non-fatal injuries sustained by any person who is under a contract of service or

© States of Guernsey 35 Consolidated text

apprenticeship with him, and

(b) indemnify the spraying contractor against liability, in an amount of not less than ten thousand pounds in respect of or arising out of one occurrence or in respect of or arising out of all occurrences of a series consequent on or attributable to one source or original cause, in respect of –

(i) fatal or non-fatal injuries sustained by any person who is not under a contract of service or apprenticeship with him, and

(ii) damage to any property not belonging to him nor held in trust by him nor in his custody or control, arising as the direct consequence of and solely due to any poisonous substance in his possession or to the use of any poisonous substance by him or any person who is under a contract of service or apprenticeship with him.

(2) For the purposes of the provisions of subsection (1) of this section, a contract of service or apprenticeship shall not be deemed not to exist by reason only that the wages payable under such contract of service or apprenticeship are, by agreement between the spraying contractor and a third party, paid or payable by that third party.

Accommodation in vehicles for poisonous substances, clothing and apparatus. 23. Any poisonous substance, protective clothing, spraying apparatus or soil-application apparatus shall, while being carried or kept in any vehicle primarily

© States of Guernsey 36 Consolidated text

used by a spraying contractor for the purposes of his business as a spraying contractor and where it is reasonably practicable so to do, be kept in a properly constructed compartment of such vehicle which can be securely closed or in a suitable container which can be securely closed and any such compartment or container in which any poisonous substance, protective clothing, spraying apparatus or soil-application apparatus is kept in accordance with the provisions of this section shall not be used for any other purpose.

Examination of apparatus. 24. (1) All spraying apparatus and soil-application apparatus belonging to a spraying contractor shall be thoroughly examined by a competent person at least once in every period of twelve months and also after any extensive repairs and a report of the result of every examination made in accordance with the requirements of this subsection shall, as soon as practicable and in any case within the twenty-eight days next following the completion of the examination, be furnished to the Committee by the owner of the apparatus to which the report relates and every such report shall be made in the prescribed form and contain the prescribed particulars and shall be signed by the person making the examination.

(2) If the Committee is not satisfied as to the competency of the person employed to make an examination in accordance with the requirements of subsection (1) of this section or as to the thoroughness of such examination, it may require the apparatus to be re-examined by a person nominated by it and the owner of the apparatus shall give the necessary facilities for such re-examination.

(3) If as a result of any re-examination made by virtue of the provisions of the last foregoing subsection it appears that the report of the examination made in accordance with the requirements of subsection (1) of this section was inadequate or inaccurate in any material particular, the cost of the re- examination shall be recoverable from the owner of the apparatus so re-examined as

© States of Guernsey 37 Consolidated text

a civil debt and the report of the re-examination purporting to be signed by the person making it shall be admissible in evidence of the facts stated therein.

Prohibition and restriction of use of defective apparatus. 25. (1) Where the Committee is satisfied that any spraying apparatus or soil-application apparatus belonging to a spraying contractor is so defective that its use may be injurious to any person using the apparatus or to any other person or to any animal or plant, the Committee may by order served on the owner of the apparatus prohibit or restrict the use of the apparatus during such period as may be specified in the order.

(2) The power conferred by the provisions of subsection (1) of this section to make any order shall be construed as including a power exercisable in the like manner to vary or revoke the order.

(3) Any spraying contractor who fails to comply with any order made under the provisions of subsection (1) of this section shall be guilty of an offence under this Ordinance.

PART V

Miscellaneous

Importation of poisonous substances. 26. (1) Every person who imports into the Island any poisonous substance intended for use in agriculture, whether such poisonous substance is intended for sale or not, shall –

(a) where the poisonous substance is sent by post, within forty-eight hours of the delivery to him of the

© States of Guernsey 38 Consolidated text

poisonous substance,

(b) in any other case, within seven days of the arrival in the Island of the ship or aircraft in which the poisonous substance was carried, furnish the Committee with the prescribed declaration and the prescribed particulars with respect to the poisonous substance.

(2) Any person who contravenes any of the provisions of subsection (1) of this section shall be guilty of an offence under this Ordinance.

Use of, and disposal of, empty containers. 27. [ (1) Except with the permission of the Committee, which permission may be granted generally or in any particular case, any container in which any poisonous substance used or intended for use in agriculture has been kept shall not be used for any purpose other than for keeping therein any poisonous substance intended for use in agriculture.

(1A) In any case where the Committee has granted permission under subsection (1) of this section for any container such as is mentioned in that subsection to be used for any purpose other than for keeping therein any poisonous substance intended for use in agriculture, such container shall be so used subject to and in accordance with such conditions as the Committee may from time to time see fit to impose.]

(2) Any container in which any poisonous substance used or intended for use in agriculture has been kept and which is not required for further use for any purpose shall be disposed of in the following manner, that is to say –

© States of Guernsey 39 Consolidated text

(a) in the case of any container which is readily combustible, the container shall be completely destroyed by burning,

(b) in any other case, the container shall be disposed of in such manner as the Committee may from time to time direct.

(3) Any person who contravenes any of the foregoing provisions of this section shall be guilty of an offence under this Ordinance.

NOTE

In section 27, subsection (1) was substituted, and subsection (1A) was inserted, by the Poisonous Substances (Amendment) Ordinance, 1963, section 1(a), with effect from 16th December, 1963.

Duties of medical practitioners and veterinary surgeons. 28. (1) Where an authorised medical practitioner has reasonable cause to believe that any person examined by him is suffering from poisoning from any poisonous substance used or intended for use in agriculture or has died as a result of poisoning from any such poisonous substance, he shall forthwith send to the Medical Officer of Health written notice thereof in the prescribed form and accompanied by the prescribed particulars.

(2) Where any protected worker undergoes a medical examination in pursuance of arrangements made in accordance with the provisions of subsection (1) of section eighteen of this Ordinance (which relates to the medical examination of persons regularly employed to work on scheduled operations) the authorised medical practitioner making the examination shall forthwith notify the employer of

© States of Guernsey 40 Consolidated text

that protected worker of the results of the examination and of any recommendations he may deem advisable to make in respect thereof.

(3) Where an authorised veterinary surgeon has reasonable cause to believe that any livestock examined by him is suffering from poisoning from any poisonous substance used or intended for use in agriculture or has died as a result of poisoning from any such poisonous substance, he shall forthwith send to the Committee written notice thereof in the prescribed form and accompanied by the prescribed particulars.

(4) Any authorised medical practitioner who contravenes any of the provisions of subsection (1) and subsection (2) of this section and any authorised veterinary surgeon who contravenes any of the provisions of subsection (3) of this section shall be guilty of an offence under this Ordinance.

Investigation of cases of poisoning or suspected poisoning of any person, livestock or crops. 29. (1) Where the Committee has reasonable cause to believe that any person or any livestock or any crops has or have been poisoned by any poisonous substance used or intended for use in agriculture, the Committee may, where it considers it expedient so to do, direct an investigation to be held into any such case of poisoning or suspected poisoning for such purposes as the Committee may direct.

(2) The following provisions shall have effect with respect to any investigation directed to be held under the provisions of subsection (1) of this section –

(a) the Committee may appoint a competent independent person to hold the investigation, and may appoint any person possessing legal or special knowledge to act as

© States of Guernsey 41 Consolidated text

assessor in holding the investigation,

(b) the person or persons so appointed (hereafter in this section referred to as "the Investigation Committee") shall hold the investigation in such manner and under such conditions as the Investigation Committee may think most effectual for the purposes of the investigation, and for enabling the Investigation Committee to make the report in this subsection mentioned,

(c) the Investigation Committee shall have for the purposes of the investigation all the powers of an inspector under this Ordinance and, in addition, power –

(i) to enter and inspect any place or building the entry or inspection whereof appears to the Investigation Committee requisite for the said purposes,

(ii) to require the production of all books, papers and documents which it considers important for the said purposes,

(d) the Investigation Committee shall make a report to the Committee setting out its findings, and adding any observations which the Investigation Committee thinks right to make,

© States of Guernsey 42 Consolidated text

(e) any person who without reasonable excuse (proof whereof shall lie on him) either fails to comply with any requisition of the Investigation Committee, or prevents or impedes the Investigation Committee in the execution of its duty, shall be guilty of an offence, and liable on conviction to a fine not exceeding [level 1 on the uniform scale], and, in the case of a failure to comply with a requisition to produce any document, if the failure in respect of which a person was so convicted is continued after conviction, he shall, subject to the provisions of section forty-two of this Ordinance (which relates to the power of the Court to order the cause of contravention to be remedied) be guilty of a further offence and liable on conviction in respect thereof to a fine not exceeding ten pounds for every day on which the failure was so continued.

(2) The Committee may cause the report of the Investigation Committee to be made public at such time and in such manner as it thinks fit.

NOTE

In section 29, the words and figure in square brackets in paragraph (e) of subsection (1) were substituted by the Uniform Scale of Fines (Bailiwick of Guernsey) Law, 1989, section 2(2), with effect from 1st July, 1989.

Powers of inspectors. 30. (1) An inspector may, for the purpose of the execution of this Ordinance, enter at all reasonable hours any land or premises –

© States of Guernsey 43 Consolidated text

(a) on which a poisonous substance is being, or has recently been or is about to be, used in agriculture,

(b) which is or are being used, or has or have recently been or is or are about to be, used for a purpose connected with the use in agriculture of a poisonous substance,

(c) on which things required by or under any of the provisions of this Ordinance to be provided or done are provided or done, or which he has reasonable cause to believe to be land or premises falling within any of the preceding paragraphs:

PROVIDED that admission shall not be demanded under the provisions of this subsection to a dwelling-house, other than one in which there are, or are reasonably believed by the inspector to be, washing facilities or other things provided for persons not living in the house for whom such things are required by the provisions of Part III of this Ordinance to be provided, unless twenty-four hours' notice of the intended entry has been given to the occupier of the house.

(2) An inspector shall have power to do all or any of the following things for the purpose of the execution of this Ordinance or any order thereunder, that is to say –

(a) to require the production of, and to inspect, examine and copy, the registers, certificates, notices and documents kept in pursuance of this Ordinance or any order thereunder,

© States of Guernsey 44 Consolidated text

(b) to make such examinations and inquiries as may be necessary to ascertain whether the provisions of this Ordinance and of any order thereunder are complied with,

(c) to require any person whom he finds on such land or premises as are mentioned in subsection (1) of this section to give such information as it is in his power to give as to who is the occupier thereof or the employer of any person employed to work thereon,

(d) to examine, either alone or in the presence of any other person, as he thinks fit, with respect to the observance of the provisions of this Ordinance and of any order thereunder, any person whom he finds on such land or premises as are mentioned in subsection (1) of this section or whom he has reasonable cause to believe to be, or to have been within the preceding two months, employed to work thereon, and to require any such person to be so examined and to sign a declaration of the truth of the matters respecting which he is so examined; so, however, that no one shall be required under this provision to answer any question or to give any evidence tending to criminate himself,

(e) in the case of an inspector who is an authorised medical practitioner, to carry out medical examinations,

© States of Guernsey 45 Consolidated text

(f) in the case of an inspector who is an authorised veterinary surgeon, to carry out veterinary examinations, and,

(g) to exercise such other powers as may be necessary for carrying this Ordinance and any order thereunder into effect and in respect of which an inspector has been authorised by the Committee to act on its behalf.

(3) The occupier of any land or premises as are mentioned in subsection (1) of this section, his agents and servants, shall furnish the means required by an inspector as necessary for an entry, inspection, examination, inquiry or otherwise for the exercise of his powers under this Ordinance in relation to that land or those premises as the case may be.

(4) Where an inspector believes that an offence under this Ordinance has been committed and proposes, in exercise of the powers conferred by paragraph (d) of subsection (2) of this section, to ask questions of a person for the purpose of verifying the inspector's belief or of ascertaining particulars of the offence, it shall be his duty, before asking the questions, to inform that person of his right to refuse to answer a question tending to criminate him.

(5) Every inspector shall be furnished with the prescribed certificate of his appointment and when exercising any of his powers under this Ordinance shall produce the said certificate to anyone reasonably demanding its production.

(6) A person who –

(a) fails to comply with any requirement imposed by an

© States of Guernsey 46 Consolidated text

inspector under this section,

(b) in purported compliance with a requirement so imposed to answer any question or give any information makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,

(c) prevents, or attempts to prevent, any other person from appearing before an inspector or from answering any question to which an inspector may, by virtue of this section, require an answer, or

(d) obstructs an inspector in the exercise or performance of his powers or duties, shall be guilty of an offence under this Ordinance.

Provisions as to samples. 31. (1) An inspector may take for analysis a sample of any substance or thing which in his opinion may be, may contain or may be contaminated by, a poisonous substance used or intended for use in agriculture and which he finds on, or has reasonable cause to believe to be in transit to or from, such land or premises as are mentioned in subsection (1) of the last foregoing section.

(2) An inspector taking a sample under the provisions of subsection (1) of this section with the intention of having it analysed shall, if practicable, forthwith after taking it give information of his intention to the occupier of the land or premises in question, and shall then and there divide the sample into parts, each part to be marked and sealed or fastened up, in such manner as its

© States of Guernsey 47 Consolidated text

nature will permit, and shall –

(a) if required so to do by the occupier so informed, deliver one part to him,

(b) retain one part for future comparison, and

(c) if the inspector thinks fit to have an analysis made, submit one part to the States' Analyst.

(3) Where it is not practicable for the inspector to give information of his intention as mentioned in the last foregoing subsection to an occupier, the inspector shall, if he intends to have the sample analysed and if he can ascertain the name and address of the occupier, 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.

(4) A document purporting to be a certificate by the States' Analyst as to the result of an analysis of a sample shall in proceedings under this Ordinance be admissible as evidence of the matters stated therein, but either party may require the States' Analyst to be called as witness.

(5) In any proceedings under this Ordinance in which it is intended to rely on evidence relating to a sample taken under this section –

(a) the summons shall not be made returnable less than fourteen days from the day on which it was served, and a copy of any certificate of analysis relating to such sample shall be served with the summons,

© States of Guernsey 48 Consolidated text

(b) the part of the sample retained by the inspector for future comparison shall be produced at the hearing.

Powers of the Committee in relation to crops intended for sale for consumption. 32. (1) The Committee may by order –

(a) make provision for requiring the occupiers of land on which any crop intended for sale for human consumption or for consumption by any livestock is being grown to keep a record in such form as may be specified in the order with respect to any poisonous substance applied to that crop in such a way that there could readily be traced at any time during a period of two years after the date on which that poisonous substance was last applied to that crop any of the following particulars, that is to say –

(i) the place where the poisonous substance was applied,

(ii) the name and quantity of the poisonous substance applied,

(iii) a description of, and the area of, the crop to which the poisonous substance was applied,

(iv) whether the crop to which the poisonous substance was applied is intended for human consumption or for consumption by any

© States of Guernsey 49 Consolidated text

livestock, and

(v) the date or dates on which the poisonous substance was applied,

(b) prohibit the application of any poisonous substance to any crop intended for sale for human consumption or for consumption by any livestock in excess of such maximum rate or frequency of application, or in excess of both such maximum rate and frequency of application, as may be specified in the order and different maximum rates and frequencies of application may be so specified with respect to –

(i) different kinds of crops,

(ii) different poisonous substances, and

(iii) crops intended for sale for human consumption and crops intended for consumption by any livestock,

(c) prescribe the period which shall be allowed to elapse between the date on which a poisonous substance was last applied to any crop intended for sale for human consumption or for consumption by any livestock and the date on which such crop is harvested and different periods may be so prescribed with respect to –

(i) different kinds of crops,

© States of Guernsey 50 Consolidated text

(ii) different poisonous substances,

(iii) crops intended for sale for human consumption and crops intended for consumption by any livestock,

(d) prohibit the application of any poisonous substance to any crop intended for sale for human consumption or for consumption by any livestock during such periods as may be specified in the order and different periods may be so specified with respect to –

(i) different kinds of crops,

(ii) different poisonous substances,

(iii) crops intended for sale for human consumption and crops intended for consumption by any livestock.

(2) Any order made under the provisions of this section may be varied or revoked by a subsequent order made by the Committee.

(3) Every order made under the provisions of this section shall be laid before a meeting of the States as soon as may be after the making thereof and if, at that meeting or at the next subsequent meeting, the States resolve that the order be annulled, the order shall cease to have effect without prejudice to anything done thereunder or to the making by the Committee of a new order.

© States of Guernsey 51 Consolidated text

(4) The occupier of any land who contravenes any order made under the provisions of paragraph (a), paragraph (b) or paragraph (d), of subsection (1) of this section in respect of any crop grown on that land shall be guilty of an offence under this Ordinance.

(5) For the purposes of the provisions of this section and any order made thereunder –

(a) any crop commonly used for human consumption and produced in such quantities as may reasonably be supposed to be in excess of the requirements of the occupier of the land on which that crop is grown and of his household shall be presumed, until the contrary is proved, to be intended for sale for human consumption,

(b) any crop commonly used for consumption by any livestock and produced in such quantities as may reasonably be supposed to be in excess of the requirements of any livestock belonging to the occupier of the land on which that crop is grown shall be presumed, until the contrary is proved, to be intended for sale for consumption by livestock.

NOTE

The following Orders have been made under section 32:

Poisonous Substances (Control of Use) Order, 1972; Poisonous Substances (Control of Use) (Amendment) Order, 1975.

© States of Guernsey 52 Consolidated text

Offences in relation to the sale etc. of crops treated with poisonous substances. 33. Where a crop of any kind to which a poisonous substance has been applied is sold, offered or exposed for sale, or deposited with or consigned to any person for the purpose of sale or preparation for sale –

(a) for human consumption, within the period, if any, prescribed by the Committee under the provisions of paragraph (c) of subsection (1) of the last foregoing section in relation to a crop of that kind intended for sale for human consumption and to which such poisonous substance has been applied, or

(b) for consumption by any livestock, within the period, if any, prescribed by the Committee under the provisions of the said paragraph in relation to a crop of that kind intended for sale for consumption by any livestock and to which such poisonous substance has been applied, then the occupier of the land on which the crop has been or is being grown shall be guilty of an offence under this Ordinance and liable, on conviction, to a fine not exceeding [level 2 on the uniform scale] or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

NOTE

In section 33, the words and figure in square brackets were substituted by the Uniform Scale of Fines (Bailiwick of Guernsey) Law, 1989, section 2(2), with effect from 1st July, 1989.

Seizure, removal and detention of crops in respect of which an offence under

© States of Guernsey 53 Consolidated text

section 33 has or is believed to have been committed. 34. …

NOTE

Section 34 was repealed by the Poisonous Substances Ordinance, 1967, section 10, with effect from 13th February, 1967.

Compensation for depreciation in value of crops resulting from seizure, removal and detention. 35. …

NOTE

Section 35 was repealed by the Poisonous Substances Ordinance, 1967, section 10, with effect from 13th February, 1967.

Precautions and warnings in cases where poisonous substances are applied in the form of a dust, smoke or spray. 36. (1) Where any poisonous substance is applied on any land in the form of a dust, smoke or spray, the occupier of that land shall take all reasonable precautions to prevent the dust, smoke or spray, as the case may be, from drifting on to a public highway and on to any land occupied by any other person.

(2) Where any poisonous substance is about to be, is being or has recently been, applied on any land in the form of a dust, smoke or spray and there is a reasonable likelihood that in spite of any precautions taken in accordance with the provisions of subsection (1) of this section the dust, smoke or spray, as the case may be, may –

© States of Guernsey 54 Consolidated text

(a) drift on to any public highway, the occupier of that land shall, where practicable, take efficient means to give members of the public using that public highway due warning,

(b) drift from the place where such poisonous substance is about to be, is being or has recently been, so applied so as to endanger any person on or near to that place or any livestock or crops belonging to any other person, the occupier of that land shall, where practicable, give due warning to any such persons to enable them to take such precautions as may be necessary to avert or minimize the danger.

(3) The occupier of any land or premises who contravenes any of the provisions of subsection (1) and subsection (2) of this section shall be guilty of an offence under this Ordinance.

PART VI

Offences, penalties and legal proceedings

Offences by employers. 37. (1) Any employer who contravenes any of the provisions of subsection (1) of section four (which relates to operations prohibited except when protective clothing is worn), subsection (1) of section five (which relates to greenhouses), section six (which relates to the provision and maintenance of protective clothing), subsection (1) of section seven (which relates to miscellaneous obligations relating to employers), subsection (1) of section nine (which relates to the repair of apparatus), section ten (which relates to the keeping of a register),

© States of Guernsey 55 Consolidated text

section eleven (which restricts hours of work), section twelve (which relates to the notification of sickness and of absence), subsection (1) of section thirteen (which relates to the instruction and supervision of protected workers), section fourteen (which prohibits the employment of persons under eighteen years), section seventeen (which relates to the notification of accidents) and subsection (1) of section eighteen (which relates to medical examinations of persons regularly employed to work on scheduled operations) of this Ordinance shall be guilty of an offence under this Ordinance.

Offences by protected workers. 38. Any protected worker who contravenes any of the provisions of subsection (1) of section four (which relates to operations prohibited except when protective clothing is worn), subsection (1) of section five (which relates to greenhouses), section eight (which relates to miscellaneous prohibitions and obligations relating to protected workers), subsection (1) of section nine (which relates to the repair of apparatus), subsection (3) of section ten (which relates to the keeping of a register), section eleven (which restricts hours of work) and subsection (2) of section eighteen (which relates to medical examinations of persons regularly employed to work on scheduled operations) of this Ordinance shall be guilty of an offence under this Ordinance.

Offences by spraying contractors. 39. Any spraying contractor who contravenes any of the provisions of subsection (3) of section sixteen (which relates to poisonous substances not in sealed containers), subsection (3) of section nineteen (which relates to First-Aid), subsection (1) and subsection (5) of section twenty-one (which relates to a spraying contractor's licence), subsection (1) of section twenty-two (which relates to insurance), section twenty-three (which relates to accommodation in vehicles for poisonous substances, clothing and apparatus) and subsection (1) of section twenty- four (which relates to the examination of apparatus) of this Ordinance shall be guilty

© States of Guernsey 56 Consolidated text

of an offence under this Ordinance.

Falsification of records etc. 40. Any person who wilfully makes a false entry in a register, record or other document kept or furnished in pursuance of this Ordinance or any order thereunder or wilfully makes use of such a false entry, or wilfully makes or signs as being a declaration required by an inspector in pursuance of this Ordinance a declaration which is false, shall be guilty of an offence under this Ordinance.

Penalties. 41. Any person guilty of an offence under this Ordinance for which no express penalty is provided by this Ordinance shall be liable on conviction to a fine not exceeding [level 1 on the uniform scale], and if the contravention in respect of which he is convicted is continued after the conviction he shall, subject to the provisions of the next following section, be guilty of a further offence and liable on conviction in respect thereof to a fine not exceeding five pounds for each day on which the contravention was so continued.

NOTE

In section 41, the words and figure in square brackets were substituted by the Uniform Scale of Fines (Bailiwick of Guernsey) Law, 1989, section 2(2), with effect from 1st July, 1989.

Power of Court to order the cause of a contravention to be remedied. 42. Where any person is convicted of an offence under this Ordinance, the Court may, in addition to or instead of inflicting a fine, order him, within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time so specified, and where such an order is made, such person shall

© States of Guernsey 57 Consolidated text

not be liable under this Ordinance in respect of the continuation of the contravention during the time allowed by the Court, but if, after the expiration of that time as originally specified or enlarged by subsequent order, the order is not complied with, such person shall be liable on conviction to a fine not exceeding five pounds for each day on which the non-compliance continues.

Penalties on persons actually committing offence for which others are liable. 43. Where an act or default for which any person is liable on conviction to a penalty under this Ordinance was due to an act or default of another person, then, whether proceedings are or are not taken against the first-mentioned person, that other person shall be guilty of an offence and liable on conviction to the same punishment as that to which the first-mentioned person is, on conviction, liable.

Defence available to persons charged with offences. 44. Where any person charged with any offence under this Ordinance proves to the satisfaction of the Court that he has used all due diligence to secure compliance with the provisions of this Ordinance or with an order made thereunder in respect of which the offence was committed and that the offence was due to the act or default of some other person who committed it without his consent, connivance or wilful default, he shall be acquitted of the offence.

Service and sending of documents. 45. (1) Any document to be served for the purposes of this Ordinance may be served –

(a) on any person by delivering it to him, by leaving it at, or by sending it by post addressed to him at his usual or last known place of abode,

(b) on any firm by delivering it to any partner of the firm

© States of Guernsey 58 Consolidated text

or by leaving it at, or sending it by post to, the principal or last known principal place of business of the firm,

(c) on any body corporate by leaving it at, or by sending it by post to, its registered office if situate in the Island of Guernsey or, if its registered office is not so situated, its principal or last known principal place of business in the said Island.

(2) Any notice or other document required to be sent to the Committee or to the Medical Officer of Health may be sent either by post to, or by leaving it at, the office of the Committee and at the office of the Medical Officer of Health respectively.

PART VII

Repeal, application, citation and commencement

Repeal. 46. Part III (which relates to poisonous substances) and paragraph (b) of subsection (2) of section thirty-one (which relates to the duties of persons employed) of the Safety of Employees (Growing Properties) Ordinance, 1954, are hereby repealed.

Application. 47. This Ordinance shall have effect in the Islands of Guernsey, Herm and Jethou.

Citation and commencement.

© States of Guernsey 59 Consolidated text

48. This Ordinance may be cited as the Poisonous Substances Ordinance, 1962, and shall come into force on the first day of October, nineteen hundred and sixty-two.

© States of Guernsey 60 Consolidated text

[FIRST SCHEDULE Section two SUBSTANCES DECLARED TO BE SUBSTANCES WHICH ARE HARMFUL TO HUMAN BEINGS, ANIMALS OR ANYTHING GROWN ON LAND

Organochlorine componds

Common Name Substance

A product containing 95% of HHDN BHC mixed isomers of: 1 ,2,3,4,5,6-hexachlorocyclohexane gamma-BHC gamma-isomer of BHC —— bis(pentachloro-2,4-cyclopentadien-l-yl) —— chlorbenside 4-chlorobenzyl 4-chlorophenyl sulphide chlorbicyclen 1,2,3,4,7,7-hexachloro-5,6-di(chloromethyl)- bicyclo[2,2,1]hept-2-ene 1,2,4,5,6,7,8,8-octachloro-3a,4,7,7a-tetrahydro-4,7- methanoindane decachloropentacyclo[3,3,2,02,6,03,9,07, 10]-decan-4-one chlorfenson 4-chlorophenyl 4-chlorobenzenesulphonate —— 4-chlorophenyl 2,4,5-trichlorophenyl azosulphide chloroneb 1-4-dichloro-2,5-dimethoxybenzene chlorobenzilate ethyl 4,4'-dichlorobenzilate —— chloroform chloropropylate isopropyl 4,4'-dichlorobenzilate

© States of Guernsey 61 Consolidated text

DDT technical dichlorodiphenyltrichloroethane, a complex chemical mixture, in which pp'-DDT predominates pp'-DDT 1,1,1-trichloro-2,2-di-(4-chlorophenyl)ethane —— o-dichlorobenzene —— p-dichlorobenzene —— 1,2-dichloropropane —— 1,3-dichloropropene —— 2-nitro-1,1-bis(p-chlorophenyl) butane and propane mixture 2,2,2-trichloro-1,1-di-(4-chlorophenyl)ethanol A product containing 85% of HEOD —— (4-4'-dichloro-alpha-methylbenzhydrol (di(p-chlorophenyl)ethanol (1,1-bis(p-chlorophenyl)ethanol 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-6,9- methano-2,4,3-benzo[e]dioxathiepin 3-oxide 1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a- octahydro-exo-1,4-exo-5,8-dimethanonaphthalene —— ethylene dichloride (1-2-dichloroethane) fenson 4-chlorophenyl benzenesulphonate fluorbenside 4-chlorobenzyl 4-fluorophenyl sulphide —— 2-4-dichlorophenyl-benzenesulphonate HEOD 1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a- octahydro-exo- l,4-endo-5,8-dimethanonaphthalene 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-4,7- methanoindene —— hexachloroacetone —— hexachlorobenzene HHDN 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-exo-l,4- endo-5,8-dimethanonaphthalene

© States of Guernsey 62 Consolidated text

l,3,4,5,6,7,8,8-octachloro-1,3,3a,4,7,7a-hexahydro-4,7- methanoisobenzofuran isodrin 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-exo-1,4- exo-5,8-dimethanonaphthalene 1,1,1-trichloro-2,2-di-(4-methoxyphenyl)ethane —— methylene chloride (dichloromethane) —— 1,2-dibromo-3-chloropropane nitrofen 2,4-dichloro-4'-nitrodiphenyl ether —— (1,1-dichloro-2,2-di(4-ethylphenyl)ethane (diethyl diphenyl dichloroethane —— 3,4-dichlorotetrahydrothiophene 1,1-dioxide —— chlorinated terpenes (66% chlorine) —— (4-chlorodiphenyl sulphone (p-chlorophenyl phenyl sulphone TDE 1,1-dichloro-2,2-di-(4-chlorophenyl)ethane 2,4,4',5-tetrachlorodiphenyl sulphone tetrasul 2,4,4',5-tetrachlorodiphenyl sulphide —— tetrachloroethane —— chlorinated camphenes (67-69% chlorine) —— 1,1,1-trichloroethane

Organophosphorus compounds

Common Name Substance

amidithion S-(N-2-methoxyethylcarbamoylmethyl) dimethyl phosphoro-

© States of Guernsey 63 Consolidated text

thiolothionate amiton S-[2-(dithylamino)ethyl] diethyl phosphorothiolate amiton oxalate oxalate of amiton azinphos-ethyl S-(3,4-dihydro-4-oxobenzo[d]-[l,2,3]-triazin-3-ylmethyl) diethyl phosphorothiolothionate azinphos-methyl S-(3,4-dihydro-4-oxobenzo[d]-[1,2,3]-triazin-3-ylmethyl) dimethyl phosphorothiolothionate azothoate 4-(4-chlorophenylazo)phenyl dimethyl phosphorothionate bromophos 4-bromo-2,5-dichlorophenyl dimethyl phosphorothionate bromophos-ethyl 4-bromo-2,5-dichlorophenyl diethyl phosphorothionate butonate dimethyl 1-butyryloxy-2,2,2-trichloroethl-phosphonate carbo-phenothion S-(4-chlorophenylthiomethyl) diethyl phosphorothiolo- thionate 2-chloro-1-(2,4-dichlorophenyl)vinyl diethyl phosphate 3-chloro-4-methyl-7-coumarinyl diethyl phosphorothionate coumithoate diethyl 7,8,9,10-tetrahydro-6-oxobenzo[c]chroman-3-yl phosphorothionate crotoxyphos dimethyl cis-1-methyl-2-(1-phenylethoxycarbonyl)vinyl phosphate cyanthoate S-[N-(1-cyano-1-methylethyl)carbamoylmethyl] diethyl phosphorothiolate a mixture of demephion-O and demephion-S demephion-O dimethyl 2-(methylthio)ethyl phosphorothionate demephion-S dimethyl S-[2-(methylthio)ethyl] phosphorothiolate a mixture of demeton-0 and demeton-S demeton-O diethyl 2-(ethylthio)ethyl phosphorothionate demeton-S diethyl S-[2-(ethylthio)ethyl] phosphorothiolate demeton-methyl a mixture of demeton-O-methyl and demeton-S-methyl demeton-O-methyl 2-(ethylthio)ethyl dimethyl phosphorothionate

© States of Guernsey 64 Consolidated text

demeton-S-methyl S-[2-(ethylthio)ethyl] dimethyl phosphorothiolate demeton-S-methyl- S-[2-(ethyl-sulphonyl) ethyl] dimethyl phosphorothiolate sulphone —— S-(2-chloro-1-phthalimidoethyl) diethyl phosphorothiolo- thionate diethyl 2-isopropyl-6-methyl-4-pyrimidinyl phosphoro- thionate —— diethyl 2-diethylamino-6-methyl-4-pyrimidinyl phosphoro- thionate —— O,O-diethyl O,3-5,6-trichloro-2-pyridyl phosphorothioate dichlofenthion 2,4-dichlorophenyl diethyl phosphorothionate —— O,O-dimethyl O-(2-chloro-4-nitrophenyl) phosphorothioate dichlorvos 2,2-dichlorovinyl dimethyl phosphate dimethyl cis-2-dimethylbarbamoyl-1-methylvinyl phosphate NNN'N'-tetramethylphosphorodiamidic fluoride dimethyl S-(N-methylcarbamoylmethyl) phosphorothiolo- thionate 1,4-dioxan-2,3-ylidene bis-(OO-diethyl phosphorothiolo- thionate) diethyl S-[2-(ethylthio)ethyl] phosphorothiolothionate S-(5-methoxy-4-pyron-2-ylmethyl) dimethyl phosphoro- thiolate —— O-ethyl S-phenyl ethylphosphonodithioate —— O-ethyl-O,p-nitrophenyl phenyl phosphorothioate tetraethyl SS'-methylene bis(phosphorothiolothionate) ethoate-methyl S-(N-ethylcarbamoylmethyl) dimethyl phosphorothiolo- thionate fenchlorphos dimethyl 2,4,5-trichlorophenyl phosphorothionate dimethyl 3-methyl-4-nitrophenyl phosphorothionate

© States of Guernsey 65 Consolidated text

fensulfothion diethyl 4-(methylsulphinyl)phenyl phosphorothionate OO-dimethyl O-(3-methyl-4-methylthiophenyl) phosphoro- thioate O-ethyl S-phenyl ethylphosphonothiolothionate S-(N-formyl-N-methylcarbamoylmethyl) dimethyl phos- phorothiolothionate iodofenphos O,O-dimethyl-O,2,5-dichloro-4-iodophenyl phosphoro- thionate lythidathion S-(5-ethoxy-2,3-dihydro-2-oxo-1,3,4-thiadiazol-3-ylmethyl) dimethyl phosphorothiolothionate S-[1,2-di(ethoxycarbonyl)ethyl] dimethyl phosphorothiolo- thionate mazidox NNN'N'-tetramethylphosphorodiamidic azide mecarbam S-(N-ethoxycarbonyl-N-methylcarbamoylmethyl) diethyl phosphorothiolothionate menazon S-(4,6-diamino-1,3,5-triazin-2-ylmethyl) dimethyl phos- phorothiolothionate S-(2,3-dihydro-5-methoxy-2-oxo-1,3,4-thiadiazol-3- ylmethyl) dimethyl phosphorothiolothionate 2-methoxycarbonyl-1-methylvinyl dimethyl phosphate NN'-di-isopropylphosphorodiamidic fluoride dimethyl cis-1-methyl-2-methylcarbamoylvinyl phosphate morphothion dimethyl S-(morpholinocarbonylmethyl) phosphorothiolo- thionate 1,2-dibromo-2,2-dichloroethyl dimethyl phosphate —— diethyl 4-nitrophenyl phosphate oxydemeton- S-[2-(ethysulphinyl)ethyl] dimethyl phosphorothiolate methyl —— S-[2-(ethysulphinyl)ethyl] dimethyl phosphorothionate

© States of Guernsey 66 Consolidated text

—— S-(ethylsulphinylmethyl) di-isopropyl phosphorothiolo- thionate oxydisulfoton diethyl S-[2-(ethylsulphinyl)ethyl] phosphorothiolothionate diethyl 4-nitrophenyl phosphorothionate —— di-isopropyl 4-nitrophenyl phosphorothionate parathion-methyl dimethyl 4-nitrophenyl phosphorothionate phenkapton S-(2,5-dichlorophenylthiomethyl) diethyl phosphorothiolo- thionate S-alpha-ethoxycarbonylbenzyl dimethyl phosphorothiolo- thionate diethyl S-(ethylthiomethyl) phosphorothiolothionate S-(6-chloro-2-oxobenzoxazolin-3-yl)methyl diethyl phos- phorothiolothionate phosnichlor 4-chloro-3-nitrophenyldimethyl phosphorothionate 2-chloro-2-diethylcarbamoyl-1-methylvinyl dimethyl phos- phate —— diethyl phthalimidophosphonothionate dimethyl S-(N-phthalimidomethyl) phosphorothiolothionate pirimiphos-methyl 2-diethylamino-6-methylpyrimidin-4-yl dimethyl phosphoro- thionate prothidathion S-(2,3-dihydro-5-isopropoxy-2-oxo-1,3,4-thiadiazol-3- ylmethyl) diethyl phosphorothiolothionate diethyl S-(N-isopropylcarbamoylmethyl) phosphorothiolo- thionate —— a mixture of bis(dialkylphosphinothioyl) disulphides —— OO-diethyl O-3-(2-propyl-6-methyl-4-pyrimidinyl) phos- phorothioate —— O-(4-methyl-7-coumarinyl) diethyl phosphorothionate —— diethyl 3-methyl-5-pyrazolyl phosphorothionate

© States of Guernsey 67 Consolidated text

—— diethyl 3-methyl-5-pyrazolyl phosphate quinothion diethyl 2-methylquinolin-4-yl phosphorothionate bis-NNN'N'-tetramethylphosphorodiamidic anhydride sophamide dimethyl S-N-(methoxymethyl)carbamoylmethyl phosphoro- thiolothionate bis-OO-diethylphosphorothionic anhydride TEPP bis-OO-diethylphosphoric anhydride tetrachlor-vinphos trans-2-chloro-1-(2,4,5-trichlorophenyl) vinyl dimethyl phosphate thiometon S-[2-(ethylthio)ethyl] dimethyl phosphorothiolothionate thionazin diethyl 2-pyrazinyl phosphorothionate triamiphos P-(5-amino-3-phenyl-1,2,4-triazol-1-yl)-NNN'N'-tetra- methylphosphonicdiamide ethyl 2,4,5-trichlorophenyl ethylphosphonothionate trichlorphon dimethyl 2,2,2-trichloro-1-hydroxyethylphosphonate vamidothion dimethyl S-[2-(1-methylcarbamoylethylthio)ethyl] phos- phorothiolate

Substituted phenols and related compounds

Common Name Substance

—— 2-benzyl-4-chlorophenol binapacryl 2,4-dinitro-6-s-butylphenyl 3-methylcrotonate bromoxynil 3,5-dibromo-4-hydroxybenzonitrile dichlobenil 2,6-dichlorobenzonitrile

© States of Guernsey 68 Consolidated text

dinex 2-cyclohexyl-4,6-dinitrophenol —— 1,3-dinitro-4-thiocyanatobenzene (2,4-dinitro-phenyl thio- cyanate) dinobuton 2-s-butyl-4,6-dinitrophenyl isopropyl carbonate dinocap a mixture of dinocap-4 and dinocap-6 dinocap-4 an isomeric reaction mixture of 2,6-dinitro-4-octylphenyl crotonates dinocap-6 an isomeric reaction mixture of 2,4-dinitro-6-octylphenyl crotonates dinocton methyl 2-(1-methylheptyl)-4,6-dinitrophenyl carbonate dinopenton isopropyl 2-(1-methylbutyl)-4,6-dinitrophenyl carbonate dinoprop 2-isopropyl-3-methyl-4,6-dinitrophenol dinosam 2-(1-methylbutyl)-4,6-dinitrophenol dinoseb 2,4-dinitro-6-s-butylphenol dinoseb acetate 2,4-dinitro-6-s-butylphenol acetate dinosulfon S-methyl 2-(1-methylheptyl)-4,6-dinitrophenyl thiolo- carbonate dinoterb 2-t-butyl-4,6-dinitrophenol dinoterbon 2-t-butyl-4,6-dinitrophenyl ethyl carbonate DNOC 2-methyl-4,6-dinitrophenol etinofen 2-ethoxymethyl-4,6-dinitrophenol ioxynil 4-hydroxy-3,5-di-iodobenzonitrile medinoterb 6-t-butyl-3-methyl-2,4-dinitrophenol medinoterb 6-t-butyl-3-methyl-2,4-dinitrophenol acetate acetate —— pentachlorophenol sultropen 2,4-dinitrophenylpentyl sulphone

© States of Guernsey 69 Consolidated text

Substituted phenoxy and related acids

Common Name Substance

benazolin 4-chloro-2-oxobenzothiazolin-3-ylacetic acid chloramben 3-amino-2,5-dichlorobenzoic acid chlorfenac 2,3,6-trichlorophenylacetic acid 4-CPA 4-chlorophenoxyacetic acid —— 4-(4-chlorophenoxy)butyric acid 2,4-D 2,4-dichlorophenoxyacetic acid —— 3,4-dichlorophenoxyacetic acid 2,4-DB 4-(2,4-dichlorophenoxy)butyric acid —— 2,4-dichlorophenoxyethyl benzoate 2,4-DES 2-(2,4-dichlorophenoxy)ethyl hydrogen sulphate dicamba 3,6-dichloro-2-methoxybenzoic acid dichlorprop (‡)-2-(2,4-dichlorophenoxy)propionic acid fenoprop (‡)-2-(2,4,5-trichlorophenoxy)propionic acid —— (‡)-2-(2,4,5-trichlorophenoxy)propionic acid propylene glycol butyl ether esters MCPA 4-chloro-2-methylphenoxyacetic acid MCPB 4-(4-chloro-2-methylphenoxy)butyric acid —— sodium 4-chloro-2-methylphenoxyethyl sulphate mecoprop (‡)-2-(4-chloro-2-methylphenoxy)propionic acid 2,4,5-T 2,4,5-trichlorophenoxyacetic acid 2,4,5-TB 4-(2,4,5-trichlorophenoxy)butyric acid —— sodium 2,4,5-trichlorophenoxyethyl sulphate

© States of Guernsey 70 Consolidated text

tricamba 3,5,6-trichloro-2-methoxybenzoic acid —— 2,3,6-trichlorobenzoic acid —— 2,3,5-tri-iodobenzoic acid —— 2-(2,4,5-trichlorophenoxy)ethyl 2,2-dichloro-propionate

Fluoroacetic acid derivatives

Common Name Substance

—— fluoroacetamide —— fluoroacetanilide —— fluoroacetic acid —— sodium fluoroacetate

Substituted herbicidal aliphatic acids

Common Name Substance

chloropon 2,2,3-trichloropropionic acid dalapon 2,2-dichloropropionic acid —— monochloroacetic acid (chloroacetic acid) —— trichloroacetic acid

© States of Guernsey 71 Consolidated text

Substituted urea and uracil compounds

Common Name Substance

benzthiazuron 1-(2-benzothiazolyl)-3-methylurea bromacil 5-bromo-6-methyl-3-s-butyluracil —— 1,3-bis(2,2,2-trichloro-1-hydroxyethyl) urea buturon N'-p-chlorophenyl-N-methyl-N-(1-methyl-2-propynyl)urea chlorbromuron N-(4-bromo-3-chlorophenyl)-N-methoxy-N-methylurea chloroxuron 3-[4-(4-chlorophenoxy)phenyl]-1,l-dimethylurea chlortoluron N'-(3-chloro-4-methylphenyl)-NN-dimethylurea cycluron 3-cyclo-octyl-1,1-dimethylurea difenoxuron 3-[4-(4-methoxyphenoxy)phenyl]-1,1-dimethylurea diuron N'-(3,4-dichlorophenyl)-NN-dimethylurea fenuron 1,1-dimethyl-3-phenylurea fluometuron NN-dimethy-N'-(3-trifluoromethylphenyl)urea isocil 5-bromo-3-isopropyl-6-methyluracil isonoruron N'-(hexahydro-4,7-methanoindanyl-NN-dimethylurea linuron N'-(3,4-dichlorophenyl)-N-methoxy-N-methylurea metha- N-benzothiazol-2-yl-NN-dimethylurea benzthiazuron methiuron 1,1-dimethyl-3-(3-methylphenyl)thiourea metobromuron 3-(4-bromophenyl)-1-methoxy-1-methylurea metoxuron N'-(3-chloro-4-methoxyphenyl)-NN-dimethylurea monolinuron 3-(4-chlorophenyl)-1-methoxy-1-methylurea monuron 3-(4-chlorophenyl)-1,1-dimethylurea

© States of Guernsey 72 Consolidated text

neburon 1-butyl-3-(3,4-dichlorophenyl)-1-methylurea noruron 3-(hexahydro-4,7-methanoindan-5-yl)-1,1-dimethylurea siduron 1-(2-methylcyclohexyl)-3-phenylurea terbacil 3-tert-butyl-5-chloro-6-methyluracil trimeturon 3-(4-chlorophenyl)-1,1,2-trimethylisourea

Substituted compounds

Common Name Substance

di-allate S-2,3-dichloroallyl di-isopropylthiolcarbamate tri-allate S-2,3,3-trichloroallyl di-isopropylthiolcarbamate —— NN'-ethylenebis(thiocarbamoyl-N"N"-dimethyl-thio- carbamoyl)sulphide 4-dimethylamino-3-methylphenyl methyl-carbamate asulam methyl (4-aminobenzenesulphonyl)carbamate azithiram NN'-bis(dimethylamino)thiuram disulphide barban 4-chlorobut-2-ynyl 3-chlorophenylcarbamate benomyl methyl N-benzimidazol-2-yl-N-(butylcarbamoyl)carbamate butacarb 3,5-di-t-butylphenyl methylcarbamate carbanolate 2-chloro-4,5-dimethylphenyl methylcarbamate 1-naphthyl methylcarbamate carbetamide d-1-(ethylcarbamoyl)ethyl phenylcarbamate chlorbufam 1-methylprop-2-ynyl 3-chlorophenylcarbamate chlorpropham isopropyl 3-chlorophenylcarbamate —— diammonium ethylene bisdithiocarbamate

© States of Guernsey 73 Consolidated text

cufraneb ethylenebisdithiocarbamate metal complex containing 8% zinc, 8% manganese, 5% copper and 1% iron cuprobam tricopper dichloride dimethyldithiocarbamate —— 5,5-dimethyldihydroresorcinol dimethylcarbamate —— Mixture (25% 3-methylpyrazolyl-(5)-dimethyl-car- ( bamate (65-85% 2-dimethylcarbamoyl-3-methylpyraz- ( olyl-(5)-dimethylcarbamate dimexan di(methoxythiocarbonyl) disulphide dioxacarb 2-(1,3-dioxolan-2-yl) phenyl methylcarbamate —— dipyrrolidyl-thiuram-disulphide EPTC S-ethyl dipropylthiocarbamate —— S-ethyl N-cyclohexyl-N-ethylthiocarbamate ferbam ferric dimethyldithiocarbamate 3-dimethylaminomethyleneaminophenyl N-methylcarbamate —— 1-isopropyl-3-methylpyrazolyl-(5)-dimethylcarbamate —— manganese dimethyldithiocarbamate mancozeb Complex of zinc and maneb containing 20% manganese and 2.5% zinc —— Complex of zineb and polyethylene thiuram disulphide maneb manganese ethylenebisdithiocarbamate (polymeric) metham methyldithiocarbamic acid metam-sodium sodium methyldithiocarbamate —— N,N'-methylene-di(zinc ethylenebisdithiocarbamate) 4-methylthio-3,5-xylyl methylcarbamate nabam disodium ethylenebisdithiocarbamate pebulate S-propyl butylethylthiocarbamate phenmedipham methyl 3-(m-tolycarbamoyloxy)phenyl carbamate 2-dimethylamino-5,6-dimethylpyrimidin-4-yl NN-dimethyl-

© States of Guernsey 74 Consolidated text

carbamate 3-isopropyl-5-methylphenyl methylcarbamate propham isopropyl phenylcarbamate propineb zinc propylenebisdithiocarbamate (polymeric) 2-isopropoxyphenyl methylcarbamate —— 3-methyl-1-phenyl-pyrazolyl-(5)-dimethylcarbamate —— sodium dimethyldithiocarbamate sulfallate 2-chloroally1 diethyldithiolcarbamate tecoram NN'-ethylenebis-(N"N"-dimethylthiuram disulphide) thiram tetramethylthiuram disulphide —— NN'-dimethylthiuram disulphide zineb zinc ethylenebisdithiocarbamate (polymeric) ziram zinc dimethyldithiocarbamate

Triazine compounds

Common Name Substance

ametryne 2-ethylamino-4-isopropylamino-6-methylthio-1 ,3,5-triazine anilazine 2,4-dichloro-6-(2-chloroanilino)-1,3,5-triazine atraton 2-ethylamino-4-isopropylamino-6-methoxy-1,3,5-triazine atrazine 2-chloro-4-ethylamino-6-isopropylamino-1,3,5-triazine aziprotryne 2-azido-4-isopropylamino-6-methylthio-1,3,5-triazine chlorazine 2-chloro-4,6-bisdiethylamino-1,3,5-triazine desmetryne 2-isopropylamino-4-methylamino-6-methylthio-1,3,5-triazine ipazine 2-chloro-4-diethylamino-6-isopropylamino-1,3,5-triazine

© States of Guernsey 75 Consolidated text

methometon 2-methoxy-4,6 di-(3-methoxypropylamino)-1,3,5-triazine methoprotryne 2-isopropylamino-4-(3-methoxypropylamino)-6-methylthio- 1,3,5-triazine prometon 2,4-bisisopropylamino-6-methoxy-1,3,5-triazine prometryne 2,4-bisisopropylamino-6-methylthio-l,3,5-triazine propazine 2-chloro-4,6-bisisopropylamino-1,3,5-triazine simazine 2-chloro-4,6-bisethylamino-1,3,5-triazine simeton 2,4-bisethylamino-6-methoxy-1,3,5-triazine simetryne 2,4-bisethylamino-6-methylthio-1,3,5-triazine terbutryne 2-ethylamino-4-methylthio-6-t-butylamino-1,3,5-triazine terbuthylazine 2-chloro-4-ethylamino-6-t-butylamino-1,3,5-triazine trietazine 2-chloro-4-diethylamino-6-ethylamino-1,3,5-triazine

Antibiotics

Common Name Substance

—— beta-[2-(3,5-dimethyl-2-oxocyclohexyl)-2-hydroxyethyl] glutarimide griseofulvin 7-chloro-4,6-dimethoxycoumaran-3-one-2-spiro-1'-(2'- methoxy-6'-methylcyclohex-2'-en-4'-one) oxytetracycline 4-dimethylamino-1,4,4a,5,5a,6,11,12a-octahydro- 3,5,6,10,12,12a-hexahydroxy-6-methyl-1,11-dioxo- naphthacene-2-carboxyamide streptomycin 2,4-diguanidino-3,5,6-trihydroxycyclohexyl 5-deoxy-2-O-(2- deoxy-2-methylamino-alpha-L-guocopyranosyl)-3-C-

© States of Guernsey 76 Consolidated text

formyl-beta-L-lyxopentanofuranoside

Mercury compounds

Common Name Substance

—— chloromethoxy propylmercury acetate —— ethoxyethylmercury chloride —— ethoxyethylmercury silicate —— (3-ethoxypropyl)mercury bromide —— N-(ethylmercury)-p-toluene sulphonanilide —— (ethylmercury 2,3-hydroxypropylmercaptide (3-(ethylmercurithio)propane-1,2-diol —— ethylmercury bromide —— ethylmercury chloride —— ethylmercury phosphate —— N-ethylmercury 1,2,2,6-tetrahydro-3,6-endo-methano- 3,4,5,6,7,7-hexachlorophthalimide —— ethylmercury thiourea —— hydroxymercurichlorophenol —— hydroxymercurinitrophenol —— mercuric chloride (corrosive sublimate) —— mercuric oxide —— mercurous chloride (calomel) —— methoxyethylmercury acetate —— 2-methoxyethylmercury chloride

© States of Guernsey 77 Consolidated text

—— methylmercury benzoate —— (methylmercury-8-hydroxyquinolinate (methylmercury oxinate —— methylmercury nitrile —— methylmercury pentachlorophenoxide —— (methylmercury dicyandiamide (N-cyano-N'-(methylmercury)guanidine —— phenylmercury acetate —— phenylmercury chloride —— phenylmercury derivative of pyrocatechol —— phenylmercury NN-dimethyl dithiocarbamate —— N-phenylmercury ethylenediamine —— phenylmercury formamide —— bisphenylmercury methylenedi-(x-naphthalene-y-sulphonate) —— phenylmercury monoethanol ammonium acetate —— 8-phenylmercurioxyquinoline —— phenylmercury nitrate —— phenylmercury oleate —— phenylmercury salicylate —— phenylmercury salicylanilide —— phenylmercury triethanol ammonium lactate —— phenylmercuriurea —— tolymercury acetate —— zinc mercury chromate

© States of Guernsey 78 Consolidated text

Arsenic compounds

Common Name Substance

—— arsenic trioxide —— arsenous oxide —— —— calcium arsenite —— calcium metaarsenite —— copper acetoarsenite —— copper arsenate —— copper arsenite —— diplumbic hydrogen arsenate —— lead arsenate —— magnesium arsenate —— potassium arsenite —— sodium arsenate —— sodium arsenite —— zinc fluoroarsenate

© States of Guernsey 79 Consolidated text

Metallic compounds other than mercury compounds and arsenic compounds

Common Name Substance

—— aluminium ammonium sulphate —— —— aluminium sulphate —— barium carbonate —— (barium silicofluoride (barium fluorosilicate —— —— cadmium dilactate —— cadmium sulphate —— calcium cyanide —— copper acetate —— (tetra) copper. calcium oxychloride —— copper carbonate oxine-copper Complex of copper and 8-hydroxyquinoline —— copper hydrazine sulphate —— copper-lime mixture —— copper naphthenate —— copper oleate —— copper oxychloride —— copper oxychloride sulphate —— copper resinate (+ PMS)

© States of Guernsey 80 Consolidated text

—— copper silicate —— copper sulphate —— copper zinc chromate —— cuprammonium carbonate —— cuprous oxide decafentin decyltriphenylphosphonium bromochloro-triphenylstannate fentin acetate triphenyltin acetate fentin chloride triphenyltin chloride fentin hydroxide triphenyltin hydroxide —— (iron sulphate (ferrous sulphate —— lime, hydrated —— lime-sulphur —— magnesium sulphate —— manganese sulphate —— nickel sulphate —— phenylamino cadmium dilactate —— potassium antimonyl tartrate (tartar emetic) —— potassium cyanate —— potassium hydroxyquinoline sulphate —— potassium permanganate —— potassium polysulphide —— potassium thiocyanate —— sodium aluminium fluoride (sodium alumino-fluoride) —— sodium carbonate —— sodium chlorate —— sodium chloride —— sodium cyanide —— sodium dioctylsulphosuccinate

© States of Guernsey 81 Consolidated text

—— sodium fluoride —— sodium metabisulphite —— sodium monochloroacetate —— sodium nitrite —— sodium polysulphide —— sodium selenate —— sodium silicofluoride (sodium fluorosilicate) —— sodium tetraborate (borax) —— sodium thiocyanate —— sodium trichloroacetate —— thallium sulphate —— tricyclohexyltin hydroxide —— tri-sodium orthophosphate —— zinc phosphide —— zinc sulphate

Miscellaneous fungicides

Common Name Substance

benquinox 1,4-benzoquinone 1-benzoylhydrazone 4-oxime captafol N-(1,1,2,2-tetrachloroethylthio)cyclohex-4-ene-1,2- dicarboxyimide captan N-(trichloromethylthio)-3a,4,7,7a-tetrahydrophthalimide carboxin 2,3-dihydro-6-methyl-5-phenylcarbamoyl-1,4-oxathiin —— chloranil

© States of Guernsey 82 Consolidated text

dazomet tetrahydro-3,5-dimethyl-2H-1,3,5-thiadiazine-2-thione dichlofluanid N'-dichlorofluoromethylthio-NN-dimethyl-N' phenylsulpha- mide dichlone 2,3-dichloro-1,4-naphthaquinone dichlorophen di-(5-chloro-2-hydroxyphenyl)methane —— 3(3,5-dichlorophenyl)5,5,dimethyl-oxazolodinedione 2,4 —— alpha-(2,4-dichlorophenyl)-alpha-phenyl-5-pyrimidine- methanol dicloran 2,6-dichloro-4-nitroaniline —— 3-acetyl-6-methyl-2,4-pyrandione dimethirimol 5-butyl-2-dimethylamino-4-hydroxy-6-methylpyrimidine —— diphenyl (biphenyl) —— diphenylamine —— diphenyl sulphone dithianon 2-3-dicyano-1,4-dihydro-1,4-dithia-anthraquinone dodemorph 4-cyclododecyl-2,6-dimethylmorpholine dodemorph 4-cyclododecyl-2,6-dimethylmorpholinc acetate acetate dodine dodecylguanidine acetate drazoxolon 4-(2-chlorophenylhydrazono)-3-methyl-5-isoxazolone etem hexahydro-2,7-dithio-1,3,6-thiadiazepine ethirimol 5-butyl-2-ethylamino-4-hydroxy-6-methylpyrimidine ethoxyquin 6-ethoxy-1,2-dihydro-2,2,4-trimethylquinoline —— 5-ethoxy-3-trichloromethyl-1,2,4-thiadiazole folpet N-(trichloromethylthio)phthalimide —— formic acid —— 2-heptadecyl-2-imidazoline acetate —— 8-hydroxyquinoline —— 2-iodobenzanilide

© States of Guernsey 83 Consolidated text

—— mercaptobenzothiazole —— 2,2'-methylenebis(3,4,6-trichlorophenol) milneb 3,3'-ethylenebis(tetrahydro-4,6-dimethyl-2H-1,3,5-thiadia- zine-2-thione) oxycarboxin 2,3-dihydro-6-methyl-5-phenylcarbamoyl-1,4-oxathiin-4,4- dioxide —— 2-phenylphenol —— propionic acid quinazamid benzoquinone monosemicarbazone quintozene pentachloronitrobenzene —— salicylanilide —— sulphur —— sulphur dioxide —— sodium 4-(dimethylamino) benzenediazosulphonate —— (sodium o-phenylphenate (sodium orthophenylphenate —— pyridine-2-thiol-1-oxide tecnazene 1,2,4,5-tetrachloro-3-nitrobenzene —— N-methanesulphonyl-trichloromethanesulphen-p-chloroanilide —— tetrachloroisophthalonitrile thiabendazole 2-(thiazol-4-yl)benzimidazole thiophanatemethyl 1,2-di-(3-methoxycarbonyl-2-thioureido) benzene —— tridemorph tributyltin oxide 2,6-dimethyl-4-tridecylmorpholine

Miscellaneous , molluscicides, acaricides and repellents

© States of Guernsey 84 Consolidated text

Common Name Substance

2-methyl-2-(methylthio)propionaldehyde 0-(methyl- carbamoyl)oxime allethrin (‡)-3-allyl-2-methyl-4-oxocyclopent-2-enyl (‡)-cis-trans- chrysanthemate —— 1-(dimethylcarbamoyl)-1-methylthioformaldehyde-0-(methyl- carbamoyl)oxime —— anthraquinone —— 2-(p-tert-butylphenoxy)-isopropyl 2'-chloroethyl sulphite —— 2-[2-(p-tert-butylphenoxy)isopropoxy]isopropyl chloroethyl sulphite —— azobenzene —— bacillus thuringiensis bioresmethrin 5-benzyl-3-furylmethyl (+)trans-chrysanthemate —— bone oil bromocyclen 5-bromomethyl-1,2,3,4,7,7-hexachlorobicyclo[2,2,1]hept-2- ene —— alpha-chloralose (glucochloralose) —— N-(2-methyl-4-chlorophenyl)N'N'-dimethylformamidine —— cinerins —— di-n-butyl phthalate —— diethyltoluamide (NN-diethyl-m-toluamide) —— dimethyl phthalate —— 2-thiocyanoethyl esters of C10-18 aliphatic acids dimethrin 2,4-dimethylbenzyl (‡)-cis-trans-chrysanthemate dodicin 3,6,9-triazaheneicosanoic acid fenazaflor phenyl 5,6-dichloro-2-trifluoromethylbenzimidazole-1-

© States of Guernsey 85 Consolidated text

carboxylate —— isobornyl-thiocyanoacetate —— metaldehyde —— naphthalene —— N-propyl isome niclosamide 5-chloro-N-(2-chloro-4-nitrophenyl) salicylamide —— nicotine —— nicotine sulphate —— N-octylbiscyclo-(2,2,1)-5-heptane-2,3-dicarboximide —— (phenothiazine (dibenzo-1,4-thiazine (thiodiphenylamine —— organic thiocyanates —— petroleum oils —— piperonyl butoxide (5-[2-(2-butoxyethoxy)ethoxymethyl]-6-propyl-1,3-benzo- dioxole —— piperonyl cyclonene —— polybutenes —— polyvinyl acetate propargite 2-(p-tert-butylphenoxy)cyclohexyl propargyl sulfite —— —— quassia quino-methionate 6-methyl-2-oxo-1,3-dithiolo[4,5-b]quinoxaline 5-benzyl-3-furylmethyl (+)-trans-chrysanthemate —— rotenone —— ryania —— methlenedioxyphenoxytrioxaundecane —— n-octyl sulphoxide of iso-safrole

© States of Guernsey 86 Consolidated text

—— sabadilla —— sesamin —— sulphaquinoxaline —— tar oils thioquinox 2-thio-1,3-dithiolo[4,5-b]quinoxaline trifenmorph 4-(triphenylmethyl) morpholine

Miscellaneous herbicides and growth regulators

Common Name Substances

—— acrolein —— acrylic copolymer emulsion allidochlor NN-diallylchloroacetamide —— allyl alcohol —— aminotriazole (3-amino-1,2,4-triazole) —— 1,3,5-triamino-1,2,4-triazole —— ammonium sulphamate brompyrazone 5-amino-4-bromo-2-phenyl-pyridazin-3-one chloranocryl N-(3,4-dichlorophenyl)methacrylamide chlorflurazole 4,5-dichloro-2-trifluoromethylbenzimidazole chlorflurecol 2-chloro-9-hydroxyfluorene-9-carboxylic acid chlormequat 2-chloroethyltrimethylammonium ion ——chlorphonium 2-chloro-NN-diethylacetamide chlorthal tributyl-2,4-dichlorobenzylphosphonium ion chlorthiamid 2,3,5,6-tetrachloroterephthalic acid

© States of Guernsey 87 Consolidated text

cyanazine 2,6-dichlorothiobenzamide 2-(4-chloro-6-ethylamino-1,3,5-triazin-2-ylamino)-2 methyl- cypromid propionitrile daminozide N-(3,4-dichlorophenyl)cyclopropanecarboxyamide diphenamid N-dimethylaminosuccinamic acid diquat NN-dimethyldiphenylacetamide endothal 9,10-dihydro-8a,10a-diazoniaphenanthrene ion ethephon 7-oxabicyclo[2,2,1]heptane-2,3-dicarboxylic acid —— 2-chloroethylphosphonic acid flurecol bis(ethylxanthic) disulphide —— 9-hydroxyfluorene-9-carboxylic acid —— gibberellic acid —— gibberellins lenacil beta-indolylbutyric acid 3-cyclohexyl-6,7-dihydro-1H-cyclopentapyrimidine- —— 2,4(3H,5H)dione methachlor maleic hydrazide —— 2'-chloro-2,6-diethyl-N-methoxymethylacetanilide monalide methyl esters of octanoic and decanoic acids morfamquat N-(4-chlorophenyl)-2,2-dimethylvaleramide 1,1'-bis-(3,5-dimethylmorpholinocarbonylmethyl)-4,4'- —— bipyridylium ion —— alpha-naphthaleneacetic acid (1-naphthylacetic acid) —— naphthoxyacetic acids (naphthyloxyacetic acids) naptalam N-1-naphthylphthalimide —— N-1-naphthylphthalamic acid paraquat nonanol (3,5,5-trimethylhexan-1-ol) pentanochlor 1,1'-dimethyl-4,4'-bipyridylium ion picloram N-(3-chloro-4-methylphenyl)-2-methylvaleramide

© States of Guernsey 88 Consolidated text

—— 4-amino-3,5,6-trichloropicolinic acid propachlor potassium iodide propanil 2'-chloro-N-isopropylacetanilide propyzamide 3',4'-dichloropropionanilide proxan N-(1,1-dimethylpropynyl)-3,5-dichlorobenzamide pyrazone isopropylxanthic acid —— 5-amino-4-chloro-2-phenyl-pyridazin-3-one trifluralin sulphuric acid 2,6-dinitro-NN-dipropyl-4-trifluoromethylaniline

Sterilants and fumigants

Common Name Substance

—— acrylonitrile —— alkyl polyethylene glycol —— carbon disulphide —— (chloropicrin (trichloronitromethane —— cresylic acid (mixed cresols) —— epoxyethane (ethylene oxide) —— ethylene dibromide (1,2-dibromoethane) —— ethylene glycol —— formaldehyde —— paraformaldehyde —— hydrochloric acid

© States of Guernsey 89 Consolidated text

—— hydrofluoric acid —— hydrogen cyanide —— isothiocyanatomethane (methyl isothiocyanate) —— methyl bromide (bromomethane) —— oxalic acid —— phosphine hydrogen phosphide —— 2,3,5-trichloromucononitrile —— xylenol (mixed xylenols) —— xylol

Rodenticides

Common Name Substance

antu 1-naphthylthiourea chlorophacinone 2-(2-p-chlorophenyl-2-phenylacetyl)indane-1,3-dione coumachlor 3-(alpha-acetonyl-4-chlorobenzyl)-4-hydroxy-coumarin coumatetralyl 4-hydroxy-3-(1,2,3,4-tetrahydro-1-naphthyl)coumarin 2-chloro-4-dimethylamino-6-methylpyrimidine —— cyanide powders diphacinone 2-(diphenylacetyl)indane-1,3-dione fumarin 3-(alpha-acetonylfurfuryl)-4-hydroxycoumarin norbormide 5-(alpha-hydroxy-alpha-2-pyridylbenzyl)-7-(alpha-2- pyridylbenzylidene)norborn-5-ene-2,3-dicarboxyimide —— phosphorus (red)

© States of Guernsey 90 Consolidated text

pindone 2-pivaloylindane-1,3-dione —— strychnine —— Urginea maritima —— tetramethylene disulphotetramine warfarin 3-(alpha-acetonylbenzyl)-4-hydroxycoumarin ]

NOTE

The First Schedule was substituted by the Poisonous Substances (Amendment) Ordinance, 1972, section 1, Schedule, Part I, with effect from 26th April, 1972.1

© States of Guernsey 91 Consolidated text

[SECOND SCHEDULE POISONOUS SUBSTANCES IN RELATION TO WHICH THE PROVISIONS OF PART III OF THIS ORDINANCE APPLY

Common Name Substance

Part I

— (Chloropicrin (trichloronitromethane demeton Any mixture of demeton-O (diethyl 2-(ethylthio) ethyl phosphorothionate) and demeton-S (diethyl S-(2- (ethylthio) ethyl) phosphorothiolate) dimefox NNN 'N'-tetramethylphosphorodiamidic fluoride mazidox NNN'N'-tetramethylphosphorodiamidic azide

Part II

aldicarb 2-methyl-2-(methylthio) propionaldehyde O-(methyl- carbamoyl) oxime amiton S-(2-diethylaminoethyl) diethyl phosphorothiolate. The salts of the last-mentioned substance 2, 3-dihydro-2, 2-dimethyl benzofuran-7yl methylcarbamate cycloheximide 3-(2-(3, 5 dimethyl-2 oxocyclohexyl)-2-hydroxyethyl)- glutarimide

© States of Guernsey 92 Consolidated text

dialifos S-(2-chloro-1-phthalimidoethyl) diethyl phosphorothiolo- thionate dinoseb 2-(1-methyl-n-propyl)-4, 6-dinitrophenol The salts of the last-mentioned substance dinoterb 2-t-butyl-4, 6 dinitrophenol disulfoton diethyl S-(2-(ethylthio) ethyl) phosphorothiolothionate D N O C (D NC) 2-methyl-4, 6-dinitrophenol The salts of the last-mentioned substance endosulfan 6, 7, 8, 9, 10, 10-hexachloro-1, 5, 5a, 6, 9, 9a-hexahydro-6, 9-methano-2, 4, 3-benzo(e) dioxathiepin 3-oxide endothal 7-oxabicyclo (2, 2, 1) heptane-2, 3-dicarboxylic acid The salts of the last-mentioned substance endrin 1, 2, 3, 4, 10, 10-hexachloro-6, 7-epoxy-1, 4, 4a, 5, 6, 7, 8, 8a-octahydro-exo-1, 4-exo-5, 8-dimethano- naphthalene fluoroacetamide fonofos O-ethyl phenyl ethylphosphonothiolothionate medinoterb 6-t-butyl-3-methyl-2, 4-dinitrophenol mephosfolan diethyl N-C 4-methyl-1, 3 dithiolan 2-ylidene phosphor- amidate 1-(methylthio) ethylideneamino N-methylcarbamate mevinphos cis-2-methoxycarbonyl-1-methylvinyl dimethyl phosphate mipafox NN'-di-isopropylphosphorodiamidic fluoride NN-dimethyl-α-methylcarbamoyloxyimino-2 (methylthio) acetamide parathion diethyl 4-nitrophenyl phosphorothionate phorate diethyl S-(ethylthiomethyl) phosphorothiolothionate — potassium arsenite schradan bis-NNN 'N'-tetramethylphosphorodiamidic anhydride — sodium arsenite

© States of Guernsey 93 Consolidated text

sulfotep bis-OO-diethylphosphorothionic anhydride TEPP (HETP) bis-OO-diethylphosphoric anhydride thiometon S-(2-(ethylthio) ethyl) dimethyl phosphorothiolothionate thionazin diethyl O-2-pyrazinyl phosphorothionate triamiphos (5-amino-3-phenyl-1, 2, 4-triazol-1-yl) NNN 'N'-tetramethyl phosphonic diamide

Part III

azinphos-ethyl S-(3, 4-dihydro-4-oxobenzo (d)-(1, 2, 3)-triazin-3-ylmethyl) diethyl phosphorothiolothionate azinphos-methyl S-(3, 4-dihydro-4-oxobenzo (d)-(1, 2, 3)-triazin-3-ylmethyl) dimethyl phosphorothiolothionate chlorfenvinphos 2-chloro-1-(2, 4-dichlorophenyl) vinyl diethyl phosphate decamethrin (S)-a-cyano-3-phenoxy-benzyl (1R, 3R)-3-(2, 2-dibro movinyl)-2, 2-dimethylcyclopropane carboxylate demephion Any mixture of demephion-O, dimethyl 2-(methylthio) ethyl phosphorothionate and demephion S, dimethyl S-2- (methylthio) ethyl phosphorothiolate demeton-methyl Any mixture of demeton-O-methyl (2-(ethylthio) ethyl dimethyl phosphorothionate) and demeton-S-methyl (S) 2-(ethylthio) ethyl) dimethyl phosphorothiolate) demeton-S-methyl S-(2-(ethylthio) ethyl) dimethyl phosphorothiolate demeton-S-methyl sulphon S-(2-(ethylsulphonyl)-ethyl) dimethyl phosphorothiolate dichlorvos dioxathion 2, 2-dichlorovinyl dimethyl phosphate

© States of Guernsey 94 Consolidated text

drazoxolon 1, 4-dioxan-2, 3-diyl SS-di-(OO-diethyl phosphorodithioate ethion 4-(2 chlorophenyl hydrazono)-3-methyl-5-isoxazolone fenaminosulf tetraethyl SS'-methylene bis-(phosphorothiolothionate) fenazaflor sodium 4-(dimethylamino) benzenediazosulphonate phenyl 5, 6-dichloro-2 trifluoromethyl-benzimidazole-l- fentin acetate carboxylate fentin hydroxide triphenyltin acetate formetanate triphenyltin hydroxide mecarbam 3-dimethylaminomethyleneaminophenyl N-methylcarbamate S-(N-ethoxycarbonyl-N-methylcarbamoyl-methyl) diethyl methidathion phosphorothiolothionate S-(2, 3-dihydro-5-methoxy-2 oxo-1, 3, 4 thiadiazol-3- nicotine ylmethyl) dimethyl phosphorothiolothionate 3-(1-methyl-2 pyrrolidinyl) pyridine oxydemetonmethyl dimethyl S-(N-methylcarbamoylmethyl) phosphorothioate phenkapton S-(2-(ethylsulphinyl) ethyl) dimethyl phosphorothiolate

phosphamidon S-(2, 5-dichlorophenylthiomethyl) diethyl phosphorothiolo- thionate perimiphos-ethyl 2-chloro-2-diethylcarbamoyl-1-methylvinyl dimethyl phosphate thiometon O-2-diethylamino-6-methyl pyrimidin-4-yl OO diethyl triazophos phosphorothioate vamidothion S-2-(ethylthio) ethyl dimethyl phosphorothiolothionate diethyl 4-phenyl-1, 3, 4-triazol-2-y1 phosphorothionate dimethyl S-(2-(1-methylcarbamoylethylthio) ethyl) phosphorothiolate

© States of Guernsey 95 Consolidated text

Part IV

Any organomercury compound ]

NOTE

The Second Schedule was substituted by the Poisonous Substances (Amendment) Ordinance, 1980, section 2, Second Schedule, with effect from 25th June, 1980.2

© States of Guernsey 96 Consolidated text

[THIRD SCHEDULE Section four SCHEDULED OPERATIONS

Operation Class or description of Protective clothing poisonous substance required to be worn

1. Except where items 2 or Any poisonous substance Rubber gloves, rubber 3 hereof apply or where specified in Part I of the boots, a respirator and the poisonous substance Second Schedule. either – is in capsule form— (a) an overall and a rubber apron, or (a) opening a container (b) a mackintosh. containing a poison- Any poisonous substance Rubber gloves, rubber ous substance, or specified in Part II of the boots, a face-shield and Second Schedule. either – (b) diluting or mixing a poisonous substance, (a) an overall and a or transferring it rubber apron, or from one container (b) a mackintosh. to another, or Any poisonous substance Rubber gloves and a (c) handling any opened specified in Part III of the face-shield. and un-sealed con- Second Schedule. tainer containing a poisonous substance.

© States of Guernsey 97 Consolidated text

2. The like operations Dinoseb or DNOC. Rubber gloves and where either of the either a face-shield or poisonous substances eye-shield. specified opposite this item in the second column is to be used exclusively as an insecticide.

3. Opening a container Any poisonous substance Rubber gauntlet gloves, containing a specified specified in Part I of the rubber boots, a respirat- poisonous substance in Second Schedule. or and either – granular form or transferring the contents (a) an overall and a from one container to rubber apron, or another. (b) a mackintosh,

with the sleeves worn over the cuffs of the rubber gauntlet gloves.

© States of Guernsey 98 Consolidated text

Any poisonous substance Rubber gauntlet gloves specified in Part II of the and either an overall or Second Schedule. a mackintosh with the sleeves worn over the cuffs of the rubber gauntlet gloves.

Any poisonous substance Rubber gloves. specified in Part III of the Second Schedule.

4. Opening a container Nicotine. Rubber gloves. containing smoke shreds which contain not more than 40 per cent by weight of the substance specified in the second column or transferring the contents from one container to another.

© States of Guernsey 99 Consolidated text

5. Washing or cleansing Any poisonous substance Rubber boots, a face- spraying apparatus, soil- specified in Parts I and II shield and either – application apparatus or of the Second Schedule. granule placement ap- (a) an overall and a paratus which has been rubber apron, or used with a poisonous (b) a mackintosh. substance.

Any poisonous substance Rubber gloves, rubber specified in Parts III and boots and a face-shield. IV of the Second Schedule.

6. Washing or cleansing a Any poisonous substance Rubber gauntlet gloves, tank which contains or specified in Parts I and II a face-shield and either – has contained a poison- of the Second Schedule. ous substance. (a) an overall and a rubber apron, or (b) a mackintosh.

Any poisonous substance Rubber gloves, rubber specified in Parts III and boots and a face-shield. IV of the Second Schedule.

© States of Guernsey 100 Consolidated text

7. Spraying any ground Any poisonous substance An overall, a hood, crop with a poisonous specified in Parts I and IV rubber gloves, rubber substance except where of the Second Schedule. boots and a respirator. carried out in a greenhouse.

Any poisonous substance An overall, a hood, specified in Part II of the rubber gloves, rubber Second Schedule. boots and either a face- shield or a dust mask.

8. Spraying bushes, climb- Any poisonous substance A rubber coat, rubber ing plants or trees with specified in Parts I and IV gloves, rubber boots, a a poisonous substance of the Second Schedule. sou'wester and a except where carried respirator. out in a greenhouse.

Any poisonous substance A rubber coat, rubber specified in Part II of the gloves, rubber boots, a Second Schedule. sou'wester and a face- shield.

© States of Guernsey 101 Consolidated text

9. Spraying in a green- Any poisonous substance Rubber gloves, rubber house with a poisonous specified in Part I of the boots, a hood, a substance (except where Second Schedule. respirator and either – an aerosol dispenser or a smoke-generator is (a) an overall, or used). (b) a mackintosh.

Any poisonous substance Rubber gloves, rubber specified in Part II of the boots, a hood, a face- Second Schedule. shield and either –

(a) an overall, or (b) a mackintosh.

10. Spraying in a green- Any poisonous substance Rubber gloves, a hood, house with a poisonous specified in the Second a respirator and either – substance where an Schedule. aerosol dispenser is (a) an overall and a used. rubber apron, or (b) a mackintosh.

© States of Guernsey 102 Consolidated text

11. Granule placement of a Any poisonous substance An overall, a hood, poisonous substance by specified in Part I of the rubber gauntlet gloves, hand or by means of Second Schedule. rubber boots and a hand-operated granule respirator, with the placement apparatus. sleeves of the overall worn over the cuffs of the rubber gauntlet gloves.

Any poisonous substance Rubber gauntlet gloves specified in Part II of the and either an overall or Second Schedule. a mackintosh, with the sleeves worn over the cuffs of the rubber gauntlet gloves.

© States of Guernsey 103 Consolidated text

12. Granule placement of a Any poisonous substance An overall, a hood, poisonous substance by specified in Part I of the rubber gauntlet gloves, means of granule Second Schedule. rubber boots and a placement apparatus respirator, with the operated otherwise than sleeves of the overall by hand, or, where such worn over the cuffs of apparatus is being used the rubber gauntlet for the purpose mounted gloves. on or drawn either directly or indirectly by a tractor, operating any other apparatus mounted on or so drawn by the Any poisonous substance Either an overall or a tractor. specified in Part II of the mackintosh. Second Schedule.

13. Dipping plants and Any poisonous substance Rubber gauntlet gloves, bulbs in a poisonous specified in Part I of the rubber boots, a respirat- substance, which Second Schedule. or and either – includes their removal from the solution and (a) an overall and a subsequent handling rubber apron, or whilst wet. (b) a mackintosh.

© States of Guernsey 104 Consolidated text

Any poisonous substance Rubber gauntlet gloves, specified in Parts II and III rubber boots and either – of the Second Schedule. (a) an overall and a rubber apron, or (b) a mackintosh.

14. Handling potato plants Potassium arsenite or An overall, rubber which have been spray- sodium arsenite. gloves, rubber boots ed with a poisonous and a dust-mask. substance specified in the second column, within the previous 10 days.

15. Soil-application of a Any poisonous substance An overall, rubber poisonous substance specified in Parts I and II boots and rubber (except where carried of the Second Schedule. gloves. out in a greenhouse) when carried out by the driver of –

(a) tractor-mounted soil-application apparatus, or

© States of Guernsey 105 Consolidated text

(b) tractor-drawn soil- application apparat- us (if the driver is unaccompanied).

16. Soil-application of a Any poisonous substance An overall, rubber poisonous substance specified in Parts I and II boots, rubber gloves (except where carried of the Second Schedule. and a rubber apron. out in a greenhouse) when carried out by any operator on foot (including a person principally engaged as a tractor-driver whilst not engaged in tractor- driving).

17. Soil-application of a Any poisonous substance Rubber gloves, rubber poisonous substance in a specified in Part I of the boots, a rubber apron, a greenhouse. Second Schedule. respirator and an overall.

© States of Guernsey 106 Consolidated text

Any poisonous substance Rubber gloves, rubber specified in Part II of the boots, a rubber apron Second Schedule. and an overall.

18. Handling any empty Any poisonous substance Rubber gloves. container which has specified in the Second contained any poison- Schedule. ous substance.

19. Removing plants or soil Any poisonous substance Rubber gloves. from any place which specified in the Second during the previous Schedule. twenty-one days has been subjected to an application of, or sprayed with a poisonous substance. ]

NOTE

The Third Schedule was substituted by the Poisonous Substances (Amendment) Ordinance, 1972, section 1, Schedule, Part III, with effect from 26th April, 1972.3

© States of Guernsey 107 Consolidated text

1 The First Schedule was previously amended by the Poisonous Substances Ordinance, 1967, section 9(6), Schedule, Part I, with effect from 13th February, 1967; the Poisonous Substances (Amendment) Ordinance, 1968, section 1(1), with effect from 31st January, 1968; the Poisonous Substances (Amendment) Ordinance, 1969, section 1(1), with effect from 28th May, 1969; the Poisonous Substances (Amendment) Ordinance, 1970, section 1, First Schedule, Part I, with effect from 29th April, 1970. 2 The Second Schedule was previously amended by the Poisonous Substances (Amendment) Ordinance, 1963, section 1(b), with effect from 16th December, 1963; the Poisonous Substances Ordinance, 1967, section 9(6), Schedule, Part II, with effect from 13th February, 1967; the Poisonous Substances (Amendment) Ordinance, 1968, section 1(2), with effect from 31st January, 1968; the Poisonous Substances (Amendment) Ordinance, 1969, section 1(2), with effect from 28th May, 1969; the Poisonous Substances (Amendment) Ordinance, 1970, section 1, First Schedule, Part II, with effect from 29th April, 1970; the Poisonous Substances (Amendment) Ordinance, 1972, section 1, Schedule, Part II, with effect from 26th April, 1972. 3 The Third Schedule was previously amended by the Poisonous Substances Ordinance, 1967, section 9(6), Schedule, Part III, with effect from 13th February, 1967.

© States of Guernsey 108