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THE PESTICIDES and TOXIC CHEMICALS ACT, 2008 No. 12 Of ANTIGUA AND BARBUDA THE PESTICIDES AND TOXIC CHEMICALS ACT, 2008 No. 12 of 2008 [ Printed in the Official Gazette Vol. XXIX No. 10 dated 12th February , 2009. ] ________ Printed at the Government Printing Office, Antigua and Barbuda, by Eric T. Bennett, Government Printer — By Authority, 2009. 800—2.09 [ Price$11.70 ] The Pesticides and Toxic Chemicals Act, 2008. No. 12 of 2008 No. 12 of 2008 The Pesticides and Toxic Chemicals Act, 2008. THE PESTICIDES AND TOXIC CHEMICALS ACT, 2008 ARRANGEMENT Sections 1. Short title and commencement. 2. Interpretation. 3. Establishment and constitution of the Board. 4. Functions and duties of the Board. 5. Registrar of Pesticides and Toxic Chemicals. 6. Licence to exterminate. 7. Analysts, inspectors, medical examiners and others. 8. Controlled product. 9. Offences in regard to prohibited substance or product. 10. Regulation of prohibited substance or product. 11. Powers of inspectors. 12. Analysis. 13. Medical examiners. 14. Detention and forfeiture of articles seized. 15. Regulations. 16. Offences by corporations. 17. Evidence and sufficiency of proof. 18. Record keeping and reporting. 19. Confidentiality. 20. Notice of non-compliance. 21. Right of appeal. 22. Penalties. 23. Immunity. 24. Indemnity. 25. Application to the State. 26. Repeal. The Pesticides and Toxic Chemicals Act, 2008. No. 12 of 2008 Schedules Schedule 1 – Constitution of the Pesticides and Toxic Chemicals Control Board Schedule 2 – Controlled products Schedule 3 – Prohibited Products No. 12 of 2008 The Pesticides and Toxic Chemicals Act, 2008. [L.S.] I Assent, Louise Lake-Tack, Governor-General. 31st December, 2008 ANTIGUA AND BARBUDA THE PESTICIDES AND TOXIC CHEMICALS ACT, 2008 No. 12 of 2008 AN ACT to regulate the importation, storage, manufacture, sale, transportation, use and disposal of pesticides and toxic chemicals and for incidental and connected purposes. ENACTED by the Parliament of Antigua and Barbuda as follows: 1. Short title This Act may be cited as the Pesticides and Toxic Chemicals Act, 2008, and shall come into operation on such date as the Minister may appoint by Order published in the Gazette. 2. Interpretation In this Act unless the context otherwise requires— “advertisement” means a representation by any means whatsoever for the purpose of promoting directly or indirectly the sale, use, consumption or disposal of a controlled product; The Pesticides and Toxic Chemicals Act, 2008. No. 12 of 2008 “agriculture” means the production, utilisation and storage of produce which is grown for consumption or any other purpose, and includes the use of land for field crops, grazing, for- estry and woodland, fish culture, bee culture, market gardening, horticulture and nurseries or animal husbandry; “analyst” (except in section 18(4)) means a person appointed as an analyst under section 7; “antiseptic” means a substance or mixture of substances sold or represented principally for its germicidal or antimicrobial use on the skin of man or animals; “article” includes— (a) any controlled product or any produce to which a controlled product is reasonably suspected to have been applied, or anything that may have been contaminated with that controlled product; (b) anything used for the manufacture, packing, storage, application, use or disposal of a controlled product; and (c) any labelling, packing or advertising material used for, or relating to, a controlled product; “Board” means the Pesticides and Toxic Chemicals Control Board established under section 3; “controlled product” means any pesticide or toxic chemical and includes any substance or product specified in Schedule 2; “disinfectant” means a substance or mixture of substances sold or represented principally for its germicidal or antimicrobial action on inanimate objects; “drug” means a substance or mixture of substances manufactured, sold or represented for use in— (a) the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal physi- cal state, or the symptoms thereof, in man or animal; or (b) restoring, correcting or modifying organic functions in man or animal; “extermination” means the use of a pesticide for the destruction or control of pests on land or premises, or in a vehicle; “food” means food or drink for human consumption; No. 12 of 2008 The Pesticides and Toxic Chemicals Act, 2008. “importer” includes any person, whether owner, consignee agent or broker, who is in possession of an article which is brought into Antigua and Barbuda or who claims the possession, the custody or control of it; “inspector” means a person appointed as an inspector under section 7; “label” means any legend, word or mark, symbol or design applied or attached to, included in, belonging to, displayed on or accompanying a controlled product or a package thereof; “manufacture” includes the making, synthesizing, formulating and packaging of a con- trolled product and its preparation or compounding in a manner in which it is intended to be to be sold, marketed or distributed to the members of the public; “manufacturer” means a person who manufactures a controlled product for his own use or for the use of others whether for profit or not; “medical examiner” means a person appointed as a medical examiner under section 7; “Minister” means the Minister with responsibility for Agriculture; “package” includes anything in which a controlled product is wholly or partly contained or placed; “pest” means an insect, rodent, bird, fish, mollusc, nematode, weed, fungus, bacterium, algae, virus, micro organism, or any other kind of plant or animal life that is injurious, troublesome or undesirable to any crop, stored produce, food, feed, wood, clothes, tex- tiles, fabrics or any other inanimate objects or which are objectionable on the grounds of public health or hygiene; “pest control operator” means a person who, by himself, his employee, assistants, workers or agents applies pesticides or carries out extermination for remuneration; “pesticide” means a substance which by itself, or in combination with other substances, is proposed, represented or used for destroying, controlling, repelling or mitigating plant or animal life which are considered pests but does not include an antiseptic, disinfectant, drug or preservative; “prescribed” means prescribed by regulations made under this Act; “preservative” means a substance which has been added to food in no greater quantity or concentration than is necessary to extend the period during which the food remains fit for human consumption; “produce” means a crop grown for consumption or other use after severance from the The Pesticides and Toxic Chemicals Act, 2008. No. 12 of 2008 soil, and includes a produce used or which may be used in the composition of food or feed for domestic and farm animals, but does not include growing crops; “prohibited substance” means a product or substance specified in Schedule 3; “Registrar” means a person designated to be the Registrar of Pesticides and Toxic Chemicals under section 5; “regulations” means regulations made under this Act; “sell” includes offer for sale, expose for sale, have in possession for sale, marketing, and distribution; “toxic chemical” means a disinfectant, and any other substance known to be poisonous, corrosive, irritating, sensitizing or harmful to human beings or animals but does not include an antiseptic, drug, pesticide or preservative; “vehicle” includes any conveyance for use on land, any aircraft, and any vessel constructed or used for the purposes of carriage on, through or under water, of persons or property including air cushioned and amphibious vehicles, hydrofoil craft and hovercraft; and “worker” means a person employed in any work involving the use or handling of, or exposure to, a controlled product under a contract of service or apprenticeship, whether such contract is expressed or implied, or oral or in writing. 3. Establishment and constitution of the Board (1) There is established the Pesticides and Toxic Chemicals Control Board. (2) The provision of Schedule 1 shall have effect in relation to the constitution and procedure of the Board. (3) The Minister may amend Schedule 1 by regulations. (4) The members of the Board shall be paid such fees as may be specified by the Minister in regulations. (5) Regulations made under subsection (3) or (4) shall be subject to negative resolution of the House. 4. Functions and duties of the Board (1) The Board shall— No. 12 of 2008 The Pesticides and Toxic Chemicals Act, 2008. (a) advise the Minister on matters relevant to the making of regulations under this Act; (b) determine applications for registration, licences, research permits and general research permits, within a reasonable time after the applications are received; (c) grant or cancel registrations, licences or permits in circumstances where the Board con- siders it fit to do so; (d) advise on and monitor the implementation of regulations; (e) furnish such reports as the Minister may from time to time require; and (f) certify pest control operators. (2) The Board shall perform its functions promptly and will make determinations, provide reports and certify pest control operators within a reasonable time of receiving applications or requests. (3) Members of the Board shall have all the powers of an inspector under this Act and sections 12 and 16 shall be construed accordingly. (4) The Minister shall designate a public officer to act as the secretary to the Board. 5. Registrar of Pesticides and Toxic Chemicals (1) The Minister shall designate a public officer in the Ministry of Agriculture to be the Registrar of Pesticides and Toxic Chemicals under this Act. (2) The Registrar shall— (a) keep and maintain a register of licences, a register of pesticides and a register of toxic chemicals; (b) enter in the registers such information as may be required or permitted to be prescribed; and (c) perform such other duties as may be directed by the Board acting in accordance with this Act. 6. Licence to exterminate (1) A person shall not engage in extermination for reward unless he is licensed as a pest control operator by the Board.
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