[Chap3503]CHAPTER 35:03
PESTICIDES
ARRANGEMENT OF SECTIONS
1. Short title
13. Levy
15. Annual reports
16. Financial year
29. Labels
36. Inquiries
40. Record keeping
42. Analysis
44. Offences
45. Fixed penalties
47. Evidence
50. Appeals
52. Pest emergencies
53. Regulations
12 of 2000
G.N. 14/2002
An Act to provide for the control and management of the import, export, manufacture, distribution, storage, disposal and use of pesticides; the establishment of a Pesticides Control Board; and further to provide for matters incidental thereto or connected therewith
[1ST MAY 2002]
PRELIMINARY
This Act may be cited as the Pesticides Act.
In this Act, unless the context otherwise requires—
“active ingredient” means the biologically and chemically active part of a pesticide present in aformulation;
"advertising” means the promotion of the sale and use of pesticides by print and electronicmedia, signs, displays, gift, demonstration or word of mouth;
"Board” means the Pesticides Control Board established under section 3;
"common name” means the name assigned to a pesticide active ingredient by the InternationalStandards Organization to be used as a generic or non-proprietary name for that particular activeingredient only;
"environment” means the physical factors of the surroundings of the human being, including land, water, atmosphere, climate, sound, odour, taste and the biological factors of fauna and flora, andincludes the cultural, social and economic aspects of human activity and the natural and builtenvironment;
"formulation” means the combination of various ingredients designed to render the productuseful and effective for the purpose claimed;
"inspector” means an inspector designated as such under section 38;
“label” means the written, printed or graphic matter on, or attached to a pesticide, or its immediatecontainer and the outside container or wrapper of the retail package of the pesticide;
"manufacture”, in relation to a pesticide, means to prepare, compound, formulate, mix, make,pack, label, or otherwise treat the pesticide with a view to its sale, but does not include the carrying out of bona fide research relating to the pesticide or any act incidental to such research;
"pest” means unwanted species of animals or plants, including vectors of human or animaldisease, causing harm during or otherwise interfering with, the production, processing, storage,transportation or marketing of food, agricultural commodities, wood and wood products or animalfeedstuffs;
“pesticide” means any substance or mixture of substances intended to be administered on animals,
plants or humans for preventing, destroying or controlling any pest, and includes any substanceintended for use as a plant growth regulator, defoliant, desiccant, or agent for thinning fruit orpreventing the premature fall of fruit, and substances applied to crops either before or after harvest toprotect the commodity from deterioration during storage and transport; and for purposes of this Act,any two pesticides which do not have the same manufacturer, formulation and trade name shall betreated as different pesticides;
"pictogram” means a symbol which conveys a message without words;
"Prior Informed Consent Procedure” means the procedure, provided for in the International Code of Conduct on the Distribution and Use of Pesticides, for formally obtaining and disseminating thedecisions of importing countries as to whether they wish to receive future shipments of pesticides thathave been banned or severely restricted in order to protect human health or the environment, in any other country;
"Registrar” means the Registrar of Pesticides appointed under section 10;
"restricted pesticide” means a pesticide registered for certain specific use or to be used only under stipulated conditions;
"sell” includes offer for sale and offer to provide goods as part of a service of pest control even if the goods are described as free or included in the service;
"trade name” means that name under which the pesticide is labelled, registered and promoted by the manufacturer and which can be used exclusively by the manufacturer to distinguish the product from other pesticides containing the same active ingredient;
"technical committee” means any committee established under section 8.
ESTABLISHMENT, FUNCTIONS AND POWERS OF THE PESTICIDES CONTROL BOARD
There is hereby established a body to be known as the Pesticides Control Board (in this Act otherwise referred to as the “Board"), which shall be responsible for the control and management of all pesticides in Malawi and perform the functions assigned to it by this Act, and which shall be—
(a) a body corporate with perpetual succession and a common seal;
(b) in its corporate name, capable of suing and being sued;
(c) capable of holding, purchasing and otherwise acquiring and disposing of any property, moveable or immoveable, for the purposes of or in the course of carrying out its functions; and
(d) capable of doing and performing all acts and things as bodies corporate may by law do and perform.
(1)The Board shall consist of—
(a) the Secretary for Agriculture;
(b) the Director of Agricultural Research;
(c) the Secretary for Commerce and Industry;
(d) the Director of Environmental Affairs;
(e) the Principal of Bunda College of Agriculture;
(f) the Chairman of the Pesticides Suppliers Association of Malawi;
(g) the Executive Secretary of the Consumers Association of Malawi;
(h) the Director of the Malawi Bureau of Standards;
(i) the Registrar of the Pharmacy, Medicines and Poisons Board;
(j) a public health officer, appointed by the Minister; and
(k) four other members representing the private sector, appointed by the Minister.
(2) The Minister shall designate the Chairperson of the Board from among members of the Board appointed under subsection (1) (j), and the term of office of the Chairperson shall be three years.
(3) A member of the Board appointed under subsection (1) (j) shall hold office for a period of not longer than three years, and may be removed from office by the Minister at any time.
(4) Each member of the Board may nominate a person by name from the same institution for appointment by the Minister as an alternate member, and if a member is unable to attend a meeting of the Board the appointed alternate member may attend, participate and vote in place of the absent member.
(5) The Board may invite any person to assist the Board in dealing with any matter, and the person invited may participate in the proceedings of the Board concerning that matter but shall not be entitled to vote.
(1) Subject to subsection (2), the Board shall hold ordinary meetings for the dispatch of business at least four times a year.
(2) An extraordinary meeting of the Board—
(a) may be convened by the Chairperson at anytime;
(b) shall be convened within twenty-one days of receipt by the Chairperson of a request in writing signed by at least four members and specifying the purpose for which the meeting is being convened.
(3) The Chairperson shall decide where and when the Board shall meet.
(4) At any meeting of the Board—
(a) the Chairperson shall preside;
(b) if the Chairperson is absent, the members present shall elect one of their number to preside at the meeting;
(c) five members, including the Chairperson or other member chairing the meeting, shall form a quorum; and
(d) all questions raised at the meeting shall be determined by the decision of the majority of members present and entitled to vote, but if there is a tie the matter shall be put to the vote and the Chairperson or other member presiding shall have a casting vote.
(5) The Registrar shall serve as secretary to the Board.
(6) Subject to this section, the Board may regulate its own procedure.
A member of the Board shall be paid out of the funds of the Board, such allowances as the Minister may determine.
No member of the Board or any technical committee of the Board shall be liable for any act or default of his, or of the Board done in the exercise in good faith of the functions or powers of the Board.
The Board may establish one or more technical committees, to advise it in implementing the provisions of this Act.
There shall be a secretariat of the Board which shall consist of a Registrar of Pesticides (in this Act otherwise referred to as the “Registrar") and such other staff of the Board, subordinate to the Registrar, appointed in accordance with section 10.
(1) The Board shall appoint, on such terms and conditions as it may determine, the Registrar who shall be the chief executive officer of the Board and shall in addition perform such duties as the Board may assign to his office and ensure the effective administration and implementation of this Act.
(2) Without prejudice to the generality of subsection (1), the Registrar shall—
(a) issue licences, permits and other authorizations required under the Act as directed by the Board;
(b) issue certificates of registration as directed by the Board;
(c) maintain a public register of registered pesticides;
(d) maintain registers of manufacturers, importers and commercial applicators of pesticides.
(3) The Board may appoint, on such terms and conditions as it may determine, such other staff, subordinate to the Registrar, as it considers necessary for the performance of its functions and to assist the Registrar in discharging his functions and responsibilities.
(1) The Board shall be responsible for the registration, control and management of all pesticides
in Malawi and perform such other functions assigned to it under this Act.
(2) Without prejudice to the generality of subsection (1), the Board—
(a) shall register pesticides and issue certificates and permits in accordance with this Act;
(b) shall monitor and control the import, export, manufacture, distribution, sale, storage, use and disposal of pesticides in Malawi;
(c) may issue guidelines on the environmentally sound handling and use of pesticides after consultation with such persons or bodies as seem to the Board to be broadly representative of the interests concerned;
(d) may, in consultation with the relevant authorities, conduct public educational campaigns on the safe handling and use of pesticides;
(e) may advise the Minister on whether or not the Minister should use the power granted under section 23 (3) to exempt a pesticide or class of pesticides from the licensing requirements under the Act, taking into consideration the potential implication for human and animal health and the environment;
(f) may advise the Minister in connexion with all matters relating to pesticides and the performance of functions assigned to the Minister under this Act;
(g) may propose regulations to be made under this Act by the Minister; and
(h) may, subject to the approval of the Minister, delegate any of its powers to any government officer.
FINANCIAL PROVISIONS
(1) The funds of the Board shall consist of—
(a) such money as may be appropriated by Parliament for the purposes of the Board;
(b) registration and licence fees prescribed under Parts IV and V;
(c) any levy imposed pursuant to section 13;
(d) such moneys as may be received by the Board under subsection (2); and
(e) such moneys as may otherwise vest in or accrue to the Board.
(2) The Board may—
(a) accept money by way of grants or donations from any source in or outside Malawi;
(b) with the approval of the Minister, raise by way of loans from any source in or outside Malawi, such money as it may require for the discharge of its functions; and
(c) charge and collect fees in respect of programmes, publications, documents and other services provided by the Board.
(3) The Board may invest in such manner as it thinks fit, such of its funds as it does not immediately require for the performance of its functions.
The Minister, acting on the advice of the Board, and in consultation with the Minister responsible for finance, may by order published in the Gazette, impose a levy on the importation into, or manufacturing in, Malawi of pesticides and the levy shall be appropriated for the general operations of the Board or for certain operations of the Board specified in the Order.
(1) The Board shall cause to be kept proper books of accounts and other records relating to its accounts.
(2) The accounts of the Board shall—
(a) be audited annually by independent auditors appointed by the Board; and
(b) be examined by the Auditor General before being presented to the Minister in accordance with section 15.
(1) The Board shall as soon as practicable, but not later than three months after the expiry of each financial year, submit to the Minister a report concerning its activities during that financial year.
(2) The report referred to in subsection (1) shall be in such form as the Minister shall approve, and shall include information on the financial affairs of the Board, and there shall be appended to the report—
(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information relating to the Board as the Board may consider appropriate or as the Minister may require.
(3) The Minister shall, during the meeting of the National Assembly next following receipt by him of the
report referred to in subsection (1), lay the report before the National Assembly, and the Board may publish the report for sale to the public.
The financial year of the Board shall be a period of twelve months commencing on 1st July in each year, and ending on 30th June in the following year, or such other dates the Minister may specify by Order published in the Gazette: Provided that the first financial year of the Board may be such shorter or longer period than twelve months as the Minister shall determine, but being not less than six months nor more than eighteen months.
REGISTRATION OF PESTICIDES
(1) Subject to subsection (2), no person shall import, manufacture or sell a pesticide which has
not been registered under this Act.
(2) An unregistered pesticide may be—
(a) imported under an import permit issued under section 20 for the purpose of analysis, registration or research, or under a pest emergency permit issued under section 52; and
(b) manufactured for export in accordance with a licence to manufacture issued under section 24.
(1) An application for the registration of a pesticide shall be made to the Board in the prescribed manner and form and shall be accompanied by the prescribed fee.
(2) An application under subsection (1) shall furnish whatever information the Board may require in order to satisfy itself in respect of each of the matters set out in section 19 (3).
(3) Subject to subsection (4), the Board shall not disclose any confidential information submitted to it in connexion with an application for registration.
(4) For the purpose of subsection (3) “confidential information” shall not include—
(a) trade names or other commonly used names;
(b) broad or general descriptions on use;
(c) safe handling precautions to be observed in the manufacture, storage, transport and use of chemicals;
(d) recommended methods of disposal and elimination;
(e) safety measures in case of accident;
(f) physical and chemical data with the exception of data revealing the chemical identity of a pesticide;
(g) summaries of health, safety and environmental data, including precise figures and interpretations.
(5) The Board shall give the applicant a reasonable opportunity of participating in the preparation of the summaries referred to in subsection (4) (g).
(1) The Board shall consider each application as soon as reasonably practicable and shall—
(a) register the pesticide, subject to any condition which the Board may consider appropriate; or
(b) refuse to register the pesticide; or
(c) direct that the applicant furnish additional information or undertake further investigations, tests, trails or analysis in connexion with the pesticide, and communicate its decision to the applicant in writing.
(2) If the Board gives directions to an applicant under subsection (1) (c), the Board shall reconsider the application in accordance with the procedure in subsection (1) after the Board has received the additional information required and evidence that the applicant has complied with directions.
(3) Subject to subsection (4), the Board shall register a pesticide if the Board is satisfied that the pesticide—
(a) is suitable and effective for the purposes for which it is intended;
(b) does not pose a significant danger to human or animal health or the environment;
(c) is desirable in that overall the effects of the pesticide are likely to be more beneficial than detrimental to Malawi, its people and the environment; and
(d) will be properly packaged and labelled in accordance with this Act.
(4) The Board shall not register a pesticide if the Board has reason to believe that information furnished or any representation made in, or in connexion with, the application is false or incorrect in a material respect.
(5) If the Board decides not to register a pesticide, it shall promptly notify the applicant in writing giving reason for its decision.
(6) If the Board decides to register a pesticide it shall—
(a) assign a registration number to the pesticide;
(b) enter the purchase in the register of pesticides; and
(c) issue a certificate of registration to the applicant.
(7) The Board shall cause to be published in the Gazette periodically a list of all pesticides registered under this section.
(1) The Board may issue a permit authorizing the importation of a pesticide which has not been registered if the Board is satisfied that the pesticide will be used solely for the purposes of analysis, registration or research.
(2) An application for a permit under subsection (1) shall be made to the Board in the prescribed manner and form and shall be accompanied by the prescribed fee.
(3) A permit issued under subsection (1) shall state—
(a) the period of validity, which shall not exceed one year;
(b) the maximum quantity of the pesticide covered by the permit; and
(c) any conditions which the Board considers appropriate to impose to protect human and animal health and the environment, and to give effect to this Act.
(4) A permit issued under subsection (1) shall only authorize the importation of a single consignment, which may contain more than one pesticide, which shall not exceed—
(a) in the case of a liquid pesticide, two litres; and
(b) in the case of a powder pesticide, one kilogram, and the permit shall be surrendered to an inspector at the place of importation.
(1) The registration of a pesticide shall be valid for a period of five years.
(2) The Board may, upon the application of a person desiring to renew the registration of a pesticide, renew the registration for further period of five years if the Board continues to be satisfied in respect of the matters referred to in section 19 (3).
(3) If the Board refuses to renew the registration of the pesticide in accordance with subsection (2), it shall give its reasons in writing to the applicant.
(1) The Board may suspend or cancel the registration of a pesticide or a permit to import an unregistered pesticide if—
(a) the registration or permit was secured in contravention of any of the provisions of this Act;
(b) the Board considers that continued registration or authorization under a permit is undesirable on the ground that the pesticide is harmful to human and animal health or the environment or is not effective for the intended use;
(c) the conditions subject to which the registration or permit was granted have not been complied with;
(d) the pesticide has fallen into disuse, or the pesticide is no longer required for th purpose for which the permit was granted;
(e) the pesticide has been withdrawn from the market and use and the person upon whose application the pesticide was registered has notified the Board in writing of such withdrawal;
(f) the Board is no longer satisfied in respect of any matter referred to in section 19 (3) as a result of the becoming aware new facts or of an unforeseen charge in circumstances.
(2) Before cancelling the registration of a pesticide or a permit, the Board shall give the party to whom the registration or permit was granted an opportunity to make representations as to why the registration or permit should not be cancelled.
(3) The Board shall give reasons in writing for the cancellation of a registration or permit to the party to whom the registration or permit had been granted.
LICENSING OF MANUFACTURE, EXPORT, STORAGE FOR SALE AND DISTRIBUTION OF PESTICIDES
(1) Subject to subsection (3), no person shall manufacture, export, distribute, store for sale, or sell a pesticide without a licence issued by the Board and in accordance with any conditions prescribed by the Board.
(2) An application for a licence under subsection (1) shall be made in the prescribed manner and form to the Board and shall be accompanied by the prescribed fee.
(3) The Minister, acting on the advice of the Board, may by order published in the Gazette, prescribe that a pesticide or class of pesticides may be manufactured, exported, distributed, stored for sale, or sold without a licence.
(1) An application for a licence to manufacture a pesticide shall be made in the prescribed manner to the Board which, on payment of the prescribed fee, may issue a licence if the Board is satisfied that—
(a) the applicant is technically competent to manufacture the pesticide;
(b) the applicant is aware of the toxicity of the pesticide and of the risks involved in using and handling it, and is equipped and able to effectively avoid or minimize the risks; and
(c) the premises and manner in which, and conditions under which, the pesticide will be manufactured are appropriate for the purpose and will not endanger human or animal health or the environment and are in accordance with such conditions as may be prescribed.
(2) A licence under this section—
(a) shall specify the specific location and premises at which the manufacture of the pesticide is authorized and shall not apply to more than one premises;
(b) shall be valid for five years from the date of issue, but may be renewed on payment of the prescribed fee;
(c) may require the licensee to monitor the health of employees who may be exposed to the pesticide;
(d) may authorize the manufacture of more than one pesticide; and
(e) shall contain whatever terms and conditions the Board considers appropriate to achieve the purpose of this Act.
(3) The Board shall consider every application under this section as soon as practicable and shall promptly notify the applicant in writing of the grant or refusal of application, and where the Board refuses to grant an application it shall give reasons in writing for the refusal.
(1) An application for a licence to store for sale or sell a pesticide at specified premises shall be made in the prescribed manner to the Board which shall, on payment of the prescribed fee, issue a licence if the Board is satisfied that—
(a) the application relates to a pesticide which is currently registered under the Act;
(b) the applicant is aware of the toxicity of the pesticide and of the risks involved in using
and handling it;
(c) the premises and manner in which, and the conditions under which, the pesticide will be stored or offered for sale are appropriate for the intended purpose, and will not endanger human or animal health or the environment, and are in accordance with such conditions as may be prescribed; and
(d) the applicant is a proper person to be granted a licence.
(2) A licence under this section—
(a) shall specify the location and premises at which the sale or storage for sale of the pesticide is authorized, and shall not apply to more than one premises;
(b) may authorize both the sale and storage for sale of one or more pesticides;
(c) shall be valid for the period specified in the licence which may not exceed three years from the date of issue but may be renewed on payment of the prescribed fee; and
(d) shall contain whatever terms and conditions the Board considers appropriate to achieve the purpose of this Act.
(3) The Board shall consider every application under this section as soon as practicable and shall promptly notify the applicant in writing of the grant or refusal of the application, and where the Board refuses to grant an application it shall give reasons in writing for the refusal.
(1) No person shall apply pesticides for gain except in accordance with a commercial applicator’s licence issued by the Board.
(2) An application for a licence under subsection (1) shall be made in the prescribed manner and form to the Board and shall be accompanied by the prescribed fee.
(3) The Board may issue a commercial applicator’s licence if the Board is satisfied that—
(a) the applicant is aware of the beneficial uses and potential effects of the pesticides and of the risks involved in using and handling it and is equiped and able to effectively avoid or minimize the risks;
(b) the applicant and any employees who will be involved in handling or applying pesticides have been adequately trained in the safe handling and use of pesticides;
(c) the applicant has insurance which is adequate to cover any reasonably foreseeable legal liability which the applicant may incur in respect of death, injury or loss arising from the use, transportation or storage of pesticides by the applicant.
(4) The Board shall cause to be published in the Gazette periodically a list of the names of all commercial applicators licensed under this section.
(1) The Board may suspend, cancel or refuse to renew a licence issued under sections 24, 25 or 26 if the Board is satisfied that—
(a) the application for the licence contained a material misrepresentation;
(b) the conditions in the licence have not been complied with; or
(c) it is necessary to do so to protect human or animal health or the environment.
(2) Before taking any action under subsection (1), the Board shall give the licensee an opportunity to make representations as to why the contemplated action should not be taken.
(3) Where the Board has delegated its powers to issue a licence then the delegate may exercise the powers in subsection (1) and shall comply with subsection (2).
PRESENTATION OF PESTICIDES
(1) No person shall manufacture, import, export, sell, distribute or store any pesticide which is packed in a container which—
(a) is unsafe for storage, handling or use in that it is inadequate to prevent harm to human and animal health or to the environment; or
(b) does not meet any standards which may be prescribed under this Act; or
(c) is required to be approved under this Act and has not been approved.
(2) No person shall, contrary to any directions given by the Registrar, or an inspector, use a pesticide container for any purpose other than to contain pesticides.
(1) No person shall distribute, sell, offer for sale, or hold in stock for sale, any pesticide unless it is in a container which prominently displays a clearly legible label which has been approved by the Board and is firmly attached to the container.
(2) The text of the label and of any publication relating to a pesticide which is intended to be istributed or displayed with the pesticide shall be in English and in any other language or languages spoken in Malawi which the Board may require, and shall comply with such other requirements as may be prescribed.
(3) No person shall alter or deface the label of any pesticide or of any publication referred to in subsection (2) in such a way as to cause it to contravene the Act.
(1) No person shall advertise any pesticide which has not been registered under this Act.
(2) No person shall advertise any pesticide in a manner that—
(a) is false or misleading in any material particular or is intended to deceive;
(b) is inconsistent with the statement required under section 29 to be included in the label;
(c) employs any false or misleading comparisons with other pesticides; and
(d) is contrary to the conditions of registration of the pesticide and with such other requirements as may be prescribed.
HEALTH ENVIRONMENTAL MATTERS
(1) No person shall manufacture, export, sell or distribute any food or feed for human or animal consumption if a pesticide has been applied to it, or to the crops from which it was made, in contravention of this Act.
(2) The Minister, acting on the advice of the Board and in consultation with the Minister responsible for health and the Minister responsible for environmental affairs, may by regulation—
(a) prohibit or restrict the use of certain pesticides in any food products, feedstuffs or food by-products;
(b) prohibit or restrict the use of certain pesticides at any period in the growth of food crops; or
(c) establish standards of maximum residue limits of pesticides in food, food products, feedstuffs and food by-products.
(1) Any person who sells food or animal feed and who has reason to suspect that the food or animal feed may contain an excessive level of pesticide shall not sell or dispose of the food or feed for human or animal consumption without taking all reasonable steps to ensure that it does not contain an excessive level of pesticide.
(2) If any person or domestic animal suffers ill-health or dies after consuming food or animal feed which contains an excessive level of pesticide, for the purposes of a prosecution under this Act, the seller of the food or animal feed shall be presumed to have contravened subsection (1) unless the seller satisfies the court that, on a balance of probabilities, the food or animal feed did not contain an excessive level of pesticides when sold.
(3) The Minister may by regulation prescribe steps which shall be taken to comply with the duty imposed by subsection (1) and if a person charged with contravening subsection (1) proves that all the relevant steps prescribed by regulation were complied with, that person shall be presumed to have complied with subsection (1).
(4) For the purposes of this section “an excessive level of pesticide” means a level of pesticide in food or animal feed which—
(a) exceeds the maximum pesticide residue limits prescribed by law regardless of the cause of the excessive level of pesticide; and
(b) is proved to have caused actual injury or death to any person or domestic animal.
(1) An inspector shall have power—
(a) to enter and inspect premises where food or animal feeds are stored or sold;
(b) to seize, detain, remove and take samples of any food or animal feed which the inspector reasonably believes may be contaminated by pesticides, wherever found; and (c) to submit such samples for analysis.
(2) No person shall be entitled to charge or claim compensation for any reasonable amount of food or animal feed taken as a sample under this section.
(3) The Minister may by regulation prescribe procedures to be followed in taking samples and for analysis of food and animal feeds.
(1) No person shall use or require an employee to use a pesticide in a manner or for a purpose contrary to the manner or purpose permitted by the Board on the registration of the pesticide or as may be prescribed.
(2) No person shall compel an employee to use any pesticide in a manner or for a purpose contrary to the provisions of this Act.
(3) Every employer who requires or permits an employee to use a pesticide shall provide and require the employee to use facilities, equipment and clothing conducive to the safe handling of the pesticide.
(4) The Registrar may by written notice require any employer to take steps to reduce the risks to the health of employees from pesticides, including requiring the employer to monitor the health of employees exposed to pesticides.
(1) If a person dies, becomes ill or is injured and there are grounds for believing that this was wholly or partially caused by exposure to a pesticide, the Registrar shall be notified immediately by—
(a) the owner or person in charge of premises, land, or a vessel, aircraft, vehicle or other mode of transport, where the exposure occurred;
(b) the employer of a person who was or may have been exposed to the pesticide in the course of his employment;
(c) any registered medical practitioner who, upon examination of a person, has reason to believe that such a person has died or suffered injury as a result of exposure to pesticide; or
(d) any public health officer who has reason to believe that exposure to a pesticide may be linked to any death or detrimental effects on human health in an area for which the officer is responsible.
(2) Any person responsible for livestock, wildlife or fisheries who has reason to believe that exposure to a pesticide may have caused the death of any mammal, bird, fish or reptile which is not a pest, whether domestic or wild, or may be harming animal health or the environment shall notify the Registrar as soon as possible.
(1) If the Board has reason to believe that any pesticide or pesticides may be having a detrimental effect on human or animal health or the environment, the Board may appoint a suitably qualified person or persons to hold an inquiry into the matter.
(2) The person or persons appointed to hold the inquiry shall have the power of a magistrate to summon witnesses and compel the production of documents and material objects.
(3) The Registrar shall report to the Board on the findings and recommendations of the inquiry and the measures taken pursuant to them.
No person shall dispose of any pesticide or pesticide container of or packaging in a manner that is unduly hazardous to human or animal health or the environment or is contrary to any written law.
ENFORCEMENT
The Board may by notification in the Gazette designate any duly qualified person to be an inspector for the purposes of this Act.
An inspector may—
(a) enter on any land, premises, aircraft, vessel or vehicle, at or in which any pesticide is or may be reasonably suspected to be manufactured, stored, transported, sold, distributed or used to determine whether the provisions of this Act are being complied with;
(b) require the production of, inspect, examine and copy licences, registers, records and other documents relating to this act;
(c) make examinations and inquiries to discover whether this Act is complied with;
(d) take samples of any articles and substances to which this Act relates and, as may be prescribed, submit such samples for tests and analysis;
(e) carry out periodic inspections of all establishments which manufacture, import, export, store, sell, distribute or use pesticides to determine whether the provision of this Act are being complied with;
(f) enter and inspect farmers’ fields to ensure that only the recommended pesticides are used on specific crops and according to the prescribed procedures;
(g) seize any equipment, pesticide, document, record or other things which the inspector believes has been used in, or which appears to afford evidence of, a contravention of this Act.
(h) require any person whom the inspector suspects of having committed, or of having knowledge of, an offence under this Act, to state his or her name and residential address; and
(i) cause a police officer to investigate any person whom the inspector on reasonable grounds suspects of having committed an offence against this Act.
(2) Notwithstanding subsection (1), any inspector shall—
(a) require a warrant to enter any private dwelling place without the consent of the occupier; and
(b) on request produce their authority to enter upon any premises, place, aircraft, vessel or vehicle.
(3) The inspector shall give a receipt to the person from whose custody any thing has been seized under subsection (1) (g), and the thing shall be returned to that person immediately if it is decided that no prosecution will be instituted or if the trial of the person has been concluded, unless the thing was declared forfeited under section 48.
(1) The Board shall cause to be kept records of all pesticides manufactured in, imported into, and exported from, Malawi.
(2) Every person who manufactures, imports, or exports pesticides, or is a commercial applicator of pesticides, shall keep a record of the quantities of pesticides manufactured, imported, exported, or used by the commercial applicator, and of any other information that may be prescribed.
(3) The records kept in accordance with subsection (2) shall be made available to the Board or the Registrar upon request, and the Minister may by regulation require that the records be transmitted periodically to the Board.
(4) The Board and the Registrar shall keep confidential all information disclosed under subsection (3).
ANALYSIS
(1) Any sample of a pesticide taken under this Act shall be taken into three parts each of which shall immediately be sealed and suitably labelled or marked in the presence of the person in charge of or in possession of the pesticide, or their representative; one part shall be sent to an analyst together with a certificate in the prescribed form signed by the inspector or officer; the second part together with a copy of the certificate shall be delivered or posted in accordance with guidelines issued by the Board to the person in possession of the pesticide; the third part shall be retained by the Register.
(2) In the event of a dispute relating to a sample, the Board or the court may have both the sample delivered to the Registrar and the sample delivered to the person in possession of the pesticide, sent to a laboratory for analysis.
(3) No person shall be entitled to charge or claim compensation for any pesticide taken as a sample under this section.
(4) For purposes of this section “sample” means a quantity of pesticide not exceeding—
(a) in the case of a liquid pesticide, two litres; and
(b) in the case of a powder pesticide, one kilogram.
(1) The Minister may by notice published in the Gazette appoint any competent person to be a designated analyst and any suitable laboratory to be a designated laboratory for the purposes of this Act.
(2) Any analyst of a laboratory designated under section (1) may analyse any pesticide sample, food, water, air, or soil submitted by any court, the Board or an inspector for any purpose which they may consider necessary to implement the provisions of this Act.
After conducting any analysis under this Act the designated analyst or laboratory shall issue a certificate of analysis in the prescribed form; and the certificate of analysis shall state the method of analysis used and shall be signed by either the designated analyst or the chief chemist of the laboratory, as the case may be.
OFFENCES AND PENALTIES
(1) Any person who—
(a) give false information in an application for the registration of a pesticide;
(b) imports, manufactures, stores for sale, sells or advertises, an unregistered pesticide contrary to section 17;
(c) manufactures, exports, distributes, stores for sale, or sells a pesticides contrary to section 23;
(d) carries on the business of a commercial pesticides applicator without a licence contrary to section 26;
(e) manufactures, imports, exports, stores for sale, sells, or distributes a pesticide in contravention of section 28 or 29; and
(f) sells any food or feedstuff or human or animal consumption which that person knows to contain pesticides residue levels in excess of any limits prescribed by law or in contravention of section 30, is guilty of an offence and is liable to imprisonment for two years and to a fine of K100,000.
(2) Any person who—
(a) manufactures, exports, distributes, stores for sale, sells or uses any pesticides, in contravention of the provisions of a licence issued under section 23, 24, 25 or 26;
(b) advertises a pesticide in contravention of section 30;
(c) manufactures, imports, exports, sells, distributes or stores any pesticide which has been adulterated, or which has decomposed or deteriorated so as to be ineffective, or is hazardous to human health or the environment or which is packed in containers which have deteriorated or have been damaged rendering them dangerous to store, handle or use safely, is guilty of an offence and is liable to imprisonment for three years and to a fine of K150,000.
(3) Any person who—
(a) sells or disposes of any food or animal feed for human or animal consumption in contravention of section 32 (2);
(b) obstructs an inspector in the course of his or her duties contrary to section 38 or 41; or
(c) alters a sample or the seals placed on such a sample by an inspector or the Board under section 38 or 41, is guilty of an offence and is liable to imprisonment for six months and to a fine of K20,000.
(4) Any person who contravenes any provision of this Act for which no other penalty is specifically provided is liable—
(a) on first conviction to imprisonment for three months and to a fine of K10,000; and
(b) on any subsequent conviction for the same offence to imprisonment for six months and to a fine of K20,000.
(5) If a person convicted of an offence under this Act continues to commit the offence after the conviction the person commits a further offence is liable to a fine of K1,000 for every day on which the offence is committed.
(1) The Minister may by regulation—
(a) prescribe offences under this Act in respect of which a fixed penalty may be paid;
(b) prescribe the fixed penalty applicable to each such offence which may not exceed K2,000; and
(c) authorize government officers, other than inspectors under this Act, to receive payment of fixed penalties.
(2) An inspector who has reason to believe that a person has committed an offence prescribed by the Minister under subsection (1) may, as soon as reasonably possible after the alleged commission of the offence, give an infringement notice to the alleged offender.
(3) An infringement notice shall—
(a) describe the alleged offence; and
(b) state that if the alleged offender pays the fixed penalty specified in the notice to an authorized person identified in the notice within 30 days of the giving of the notice, the alleged offender will not be charged for the alleged offence before a court.
(4) An authorized person may, at any time—
(a) extend the period of 30 days for payment of the fixed payment in any particular case;
(b) send a letter to the alleged offender withdrawing the infringement notice in which case any amount paid in response to the infringement notice shall be refunded.
(5) If the prescribed fixed penalty is paid within the period allowed and the infringement notice is not withdrawn, the alleged offender shall not be prosecuted and if a person charged with committing an offence under this Act proves that a fixed penalty has been paid in respect of the offence in response to an infringement notice which has not been withdrawn, the accused shall be acquitted of the alleged offence.
(6) Any sum of money received under this section shall be dealt with as if it were a fine imposed by a court.
If an offence under this Act that is committed by a corporation is proved to have been committed with the consent or connivance, or to be attributable to any neglect on the part of any director, partner or manager of the corporation, that person as well as the corporation, commits the offence.
(1) In any criminal proceedings under this Act—
(a) any quantity of pesticides in or upon any premises, place, aircraft, vessel or vehicle at the same time a sample of it is taken under this Act shall, unless the contrary is proven, be deemed to be of the same composition, to have the same degree of efficacy and to possess in all other respects the same properties as that sample;
(b) any person who is proved to have tampered with any sample or to have made a written statement falsely indicating that food or feedstuff did not contain pesticide residues in excess of any limits prescribed, shall be deemed to have acted with fraudulent intent unless the contrary is proved;
(c) any person who is proved to have sold food or feedstuffs for human or animal consumption which contains pesticide residues in excess of any limits prescribed shall be deemed to have known that the food or feedstuff contained excessive pesticide residues unless the contrary is proved;
(d) where a person is charged with having committed an offence under which a licence or the authorization of any person is required for the doing of any act, the burden shall be on the accused person to prove that at the time to which the charge relates, the requisite licence or authorization was duly held.
(2) Subject to subsection (3), in any prosecution under this Act the following documents shall be admissible in evidence and in the absence of evidence to the contrary, shall be sufficient proof of the facts stated in the document—
(a) a certificate stating the result of an analysis or test carried out under section 43 and purporting to be signed by the analyst who carried out the analysis or test:Provided that a copy of the certificate of analysis has been transmitted to the person to be charged at least twenty-one days before the prosecution is instituted and the analyst shall be summoned to give oral evidence at the request of the accused made not less than ten days before the hearing; or
(b) any document kept by any pesticide dealer or by the owner of a pesticide or his employee or agent, around, on, in or upon any premises occupied by, or aircraft, vessel or vehicle used in the business of such person.
(3) Any document referred to in subsection (2) shall not be admissible unless the accused has been given ten days’ written notice that it will be tendered as evidence and an opportunity to inspect and copy it and the court has not, on the application of the accused person brought before the trial, ruled the document inadmissible on the basis that there are reasonable grounds for doubting its accuracy or validity.
Where the Board believes, on reasonable grounds, that this Act or any regulations made thereunder have been contravened, the Board may, subject to subsection (2), order—
(a) the closure of any premises; and
(b) the seizure of any pesticide, equipment, instrument or any other thing, by means of, or in relation to which, the Board reasonably believes the contravention was committed.
(2) The closure of any premises shall cease, and any pesticide, equipment, instrument or any other thing shall not be detained, after the provisions of this Act or any regulations made thereunder have, in the opinion of the Board, been complied with, unless before that time court proceedings have been instituted in respect of the contravention, in which event the premises shall remain closed and the pesticide, equipment, instrument or other thing may be detained until the proceedings are finally concluded.
(3) Where a person has been found guilty of an offence under this Act or regulations made thereunder, any pesticide, equipment, instrument or other thing by means of or in relation to which the offence was committed may, in addition to any other penalty imposed by the court, be forfeited to such person, and may be disposed of in such manner and at time and place, as the court may direct; but no such pesticide, equipment, instrument or other thing shall be disposed of pending an appeal against the decision of the court or before the time within which the appeal may be taken has expired.
(1) Where a court convicts a person for an offence under this Act the court may, in addition to any other sentence, or that—
(a) any substance or equipment used in the commission of the offence be forfeited to the State and be disposed of as the court directs;
(b) the costs of disposing of any such substance or equipment be borne by the accused person;
(c) some or all of the reasonable costs of and incidental to any testing or analysis or other steps undertaken by or on behalf of the prosecution to investigate the alleged offence and obtain evidence, be borne by the accused person; or
(d) the registration of a pesticide, or a licence or permit granted to the person convicted under this Act be cancelled.
(2) If a person is convicted for a second or subsequent time of an offence under this Act the court may, in addition to any other sentence, order that the person convicted be disqualified from holding a licence or permit under this Act for a period not exceeding two years.
(3) If at the conclusion of the trial the court is satisfied that an offence was committed even though no person has been convicted of it, the court may, in addition to any other order, make one or more of the orders referred to in paragraphs (a), (b) and (c) of subsection (1).
MISCELLANEOUS PROVISIONS
(1) An applicant for, or holder of, a pesticide registration or a licence or permit under this Act may appeal to the Minister against—
(a) the refusal of the Board to grant the registration, licence or permit;
(b) any conditions attached to the registration, licence or permit;
(c) the deregistration of a pesticide or the cancellation of a licence or permit.
(2) Every appeal under subsection (1) shall be made in writing within sixty days from the date the applicant or holder receives the reasons for the decision of the Board.
(3) Any person may appeal to the Minister against any decision of the Board on the basis that the decision of the Board does not adequately protect human or animal health or the environment as required by this Act.
(4) Every appeal under subsection (3) shall be made in writing within sixty days from the date the decision is made or the date the appellant receives notification of the decision of the Board, whichever is the later.
(5) The High Court in the exercise of its supervisory jurisdiction may review any decision made under this Act on matters of law.
The Board may exempt any pesticide imported and distributed in Malawi by the Government from fees levied under this Act.
(1) The Board may issue pest emergency permits if it is necessary—
(a) to deal effectively with a pest emergency which has been declared by the Minister [or any authorized organ of Government]; or
(b) to maintain stocks of pesticides held by the Government to deal with pest emergencies.
(2) An application for a pest emergency permit shall be made to the Board in the manner and form prescribed by the Board and shall be accompanied by the prescribed fee.
(3) A pest emergency permit—
(a) shall specify details of the pesticide concerned, the maximum quantity of pesticide to which it relates, and measures for dealing with unused pesticides after the expiry or lapsing of the permit;
(b) shall lapse when the pest emergency is terminated;
(c) may authorize the importation and use of an unregistered pesticide;
(d) may authorize a registered pesticide to be used for uses other than those for which it has been registered;
(e) may exempt any pesticide from the requirements under this Act to be licensed, labelled, or to have fees levied on it;
(f) may restrict the use of a pesticide to specified geographical areas or crops; and
(g) shall contain whatever terms and conditions the Board considers appropriate to protect human and animal health and the environment and to achieve the purpose of this Act.
(4) The Board shall only authorize the importation of a registered pesticide under a pest emergency permit if, and only to the extent that, it is not possible to obtain the pesticide in adequate quantities or sufficiently, quickly from the party who has registered the pesticide in Malawi.
The Minister, on the advice of the Board, may make regulations for carrying out or giving effect to this Act and, without prejudice to the generality of this provision, the regulations may—
(a) prescribe the forms and contents of applications, certificates of registration, licences, permits, authorizations, labels, registers and other documents and records required for the purposes of this Act;
(b) prescribe the procedure and information to be given in connexion with applications or documents required under this Act and the evidence to be supplied in support;
(c) regulate commercial applicators of pesticides and the manufacture, import, export, storage, tranportation, distribution and sale of pesticides;
(d) regulate the advertising of pesticides;
(e) regulate the maximum residue limits of pesticides in food and measures to minimize such residues such as dose rates, pre-harvest intervals and frequency of application;
(f) prescribe the requirements for pesticide containers and packaging and the procedures for approving pesticide containers and packaging;
(g) regulate the environmentally sound disposal of pesticides and their containers;
(h) prescribe the qualifications required and duties of inspectors and analysts;
(i) prescribe the qualifications required by persons involved in the commercial applications of pesticides;
(j) prescribe the methods of sampling and analysis to be followed;
(k) prescribe methods for field evaluation of pesticides;
(l) prescribe measures to be taken by employers to protect the health of employees who are or may be exposed to pesticides;
(m) provide for measures for the compensation of persons injured by pesticides;
(n) provide for the implementation of the Prior Informed Consent Procedure, including control over the export of, and notification procedures for, pesticides which are banned or severely restricted in other countries;
(o) prescribe measures to ensure that the confidentiality of information submitted to the Board is maintained;
(p) prescribe the fees or charges payable in respect of any application, registration, licence, permit, or document under this Act; and
(q) provide, that the contravention of any provision of the regulations constitutes an offence and may prescribe penalties for any offence not exceeding a fine of K2,000.
PESTICIDES REGULATIONS
under s. 53
G.N. 5/2002
PART I
PRELIMINARY PROVISIONS
1. Citation
These Regulations may be cited as the Pesticides Regulations.
2. Interpretation
In these Regulations, unless the context otherwise requires—
“permit” means a permit, under section 20 of the Act, authorizing the importation of a pesticide which has not been registered;
“registration” means registration of a pesticide under section 18 of the Act;
“sale licence” means a licence, under section 25 of the Act, authorizing the holder thereof to sell one or more pesticides;
“storage licence” means a licence, under section 25 of the Act, authorizing the holder thereof to store for sale one or more pesticides.
PART II
REGISTRATION OF PESTICIDES
3. Application for registration
(1) An application for registration or re-registration shall be in the form set out in the First Schedule.
(2) Every application for registration shall be accompanied by—
(a) a commercial sample of the pesticide unless this requirement is waived by the Board in writing;
(b) three copies of the drafts of all labels intended to be used on the container of the pesticide; and
(c) any additional information relating to the physical and chemical properties, analytical method, efficacy, safety and environmental effects of the pesticide which is not included in or required by the application form.
4. Invalid application
An application for registration shall be invalid if—
(a) it relates to more than one pesticide; or
(b) it is not made by a company incorporated in Malawi.
5. Proprietary information
The Board shall treat any information submitted to it in connexion with an application for registration as proprietary information of the applicant for twenty years from the earliest date on which the pesticide was registered in any country and during this period of twenty years the information shall not be used in connexion with an application by another applicant without the written consent of the first applicant.
6. Form of certificate of registration
A certificate of registration of a pesticide issued under section 19 (6) of the Act shall be in the form set out in the Second Schedule.
PART III
LABELLING
7. Information to be contained on a label
(1) Every pesticide container shall bear a label containing—
(a) trade name of the pesticide;
(b) description, type or use of the pesticide;
(c) type of formulation of the pesticide;
(d) names, using common names approved by the International Standards Organization, of all active ingredients in the pesticides, together with the minimum guaranteed amount of each active ingredient present expressed as—
(i) grams per kilogram (g/kg) for solids, viscous liquids, aerosols and volatile liquids;
and
(ii) grams per litre (g/l) for other liquids;
(e) net contents of the pack expressed in metric units;
(f) name and address of the individual or company in whose name the pesticide is registered;
(g) directions for use which shall clearly indicate how, when and where the product can be legally, effectively and safely used and shall, where applicable, include—
(i) warnings to prevent incorrect or inappropriate use;
(ii) stage of the crop and a description of the crop on which and the conditions under which it is recommended that the pesticide be used;
(iii) application rates, timing and method of application; and
(iv) a statement, where required, of the period which should elapse between last application, re-entry, harvest, grazing or slaughter;
(h) precautions to be taken in relation to preparing, mixing and applying the pesticide, storage and safe disposal of unwanted pesticides and used pesticide containers;
(i) incompatibility with other products, where appropriate;
(j) date of manufacture of the product;
(k) manufacturing/packaging lot or batch number;
(l) registration number,
(m) warnings and steps to take to prevent ill effects on beneficial organisms;
(n) safety precaution to inform the user on handling of the product with minimum hazard;
(o) first-aid advice and medical treatment to take in case of poisoning;
(p) safety pictograms in accordance with guidelines approved by the Board; and
(q) any other information which the Board may require.
8. Label to bear a band
(1) A label shall bear a band—
(a) of the stipulated colour determined on the basis of the hazard of the formulation of the pesticide in accordance with the classification system in the Third Schedule;
(b) which shall comprise at least 15 per cent of the label area; and
(c) which shall appear at the bottom of the label.
(2) No label shall contain any information other than the information required under these Regulations unless the prior written permission of the Board has been obtained.
9. Hazard statement
The appropriate hazard statements and symbols based on the classification of pesticides in the Third Schedule shall be prominently printed on a label.
10. Terms not to be printed on label
The terms “safe", “harmless", “non-toxic", “non-poisonous", “non-injurious", “the best", “most effective", “superior control” or “unrivalled” or such other similar terms or their equivalents in another language, shall not be printed on the label.
PART IV
IMPORTATION, MANUFACTURING, EXPORTATION, SALE, STORAGE AND APPLICATION OF PESTICIDES
11. Application for permit
(1) An application for a permit shall be in the form set out in the Fourth Schedule.
(2) An application shall be made in respect of each and every single consignment.
12. Form of permit
A permit shall be in the form set out in the Fifth Schedule.
13. Limitation on use of imported pesticides
(1) If a pesticide is imported for use by a person other than the permit holder, the permit holder shall not dispose of the pesticide except to the person.
(2) No person shall—
(a) apply a pesticide imported under a permit to a crop other than the crop specified in the application; or
(b) apply a pesticide with long persistence to a short-term crop.
14. Destruction of crop
(1) Where a pesticide is applied to a crop in circumstances set out in regulation 13, the person entitled to the crop shall cause the whole crop to be destroyed.
15. Persistent pesticide
No person shall use as food or animal feed a crop that he knows or has reason to believe to be a crop harvested from a plant to which a persistent pesticide was applied.
16. Application for a licence to manufacture or export pesticides
(1) An application for a licence to manufacture or export a pesticide shall be in the form set out in the Sixth Schedule.
(2) A licence to manufacture or export a pesticide shall be in form set out in the Seventh Schedule.
17. Application for a commercial applicator’s licence
(1) An application for a commercial applicator’s licence shall be in the form set out in the Eighth Schedule.
(2) A commercial applicator’s licence shall be in the form set out in the Ninth Schedule.
18. Application for a sale or storage licence
(1) An application for a sale licence or storage licence shall be in the form set out in the Tenth Schedule.
(2) An applicant for a sale licence or storage licence shall furnish such further information as the Board may require.
(3) Where an applicant for a sale licence or storage licence is a body corporate, the application shall be completed and signed by a person or persons duly authorized in that behalf by the body corporate.
19. Extend of sale licence
(1) In addition to authorizing sale of a pesticide, a sale licence shall authorize storage, at the premises specified in the licence, of the pesticide whose sale is thereby authorized.
(2) A storage licence shall extend to the sale of the pesticides whose storage is thereby authorized.
20. Form of sale or storage licence
A sale licence and storage licence shall be in the form set out in the Eleventh Schedule.
21. Persons to whom licence may be issued
A licence shall not be issued to a person unless—
(a) the person is registered under the Business Names Registration Act and he holds a licence issued under the Businesses Licensing Act; or Cap. 46:02, Cap. 46:01
(b) the person has been exempted from the provisions of the Business Names Registration Act or the Businesses Licensing Act, as the case may be. Cap. 46:02, Cap. 46:01
22. Display of licence, etc.
(1) A licensee shall cause a licence to be displayed at all times in a conspicuous part of the premises.
(2) The licensee shall display such other information in such manner as the Registrar may from time to time require.
PART VI
MISCELLANEOUS PROVISIONS
23. Offence
Any person who contravenes regulation 13, 14 and 15 or any condition of any exemption shall be guilty of an offence and liable to a fine of K2,000.
24. Fees
The fees prescribed in the Twelfth Schedule shall be payable in respect of the matters specified therein in relation to such fees.
APPLICATION FOR REGISTRATION/RE-REGISTRATION OF A PESTICIDE
The Registrar
Pesticides Control Board
P.O. Box 5748
Limbe
Malawi.
1. I/We*Delete if inapplicable.* ...............................................................................................
(name of applicant)
of ......................................................................................................
(Address of applicant)
hereby apply under section 18 of the Pesticides Act for registration/ re-registration*Delete if inapplicable.* of the pesticide described in paragraphs 2 to 5 to enable the pesticide to be imported into*Delete if inapplicable.*, or manufactured in *Delete if inapplicable.*Malawi.
2. This pesticide has never been registered in Malawi*Delete if inapplicable.*/was last registered/ re-registered*Delete if inapplicable.* by the Pesticides Control Board on ......................................... with registration number....................................
3. Addresses of applicant’s places of business—
(a) .............................................................................................
(b) .............................................................................................
(c) .............................................................................................
(d) .............................................................................................
4. (This paragraph need only be completed if it is intended that the pesticide will be manufactured in Malawi).
(a) Name and address of the factory, building or premises at which the pesticide would be manufactured.
.............................................................................................
.............................................................................................
(Applicable to a manufacturer only)
(b) Nature of intended manufacturing activity:
.............................................................................................
.............................................................................................
(State whether preparing, compounding, formulating, mixing, making, packing, labelling or treating the pesticide in any other manner with a view to its sale)
5. Names and addresses of premises at which the pesticide would be stored—
(a) .............................................................................................
(b) .............................................................................................
.............................................................................................
.............................................................................................
6. Trade name of the pesticide .........................................................................
7. Details of active ingredient(s)—
(a) common name ....................................................................... synonyms—
(b) chemical name(s) ..............................................................................
(c) structural formula ...............................................................................
(d) Purity (g/kg; g/l; etc.) of the pesticide—
NameConcentration (i) ......................................................................................
......................................................................................
...................................................................................... (ii)
......................................................................................
......................................................................................
...................................................................................... (iii)
......................................................................................
......................................................................................
......................................................................................
...................................................................................... (iv)
......................................................................................
......................................................................................
......................................................................................
8. Composition (g/kg; g/l; etc.) of the pesticide—
NameConcentration (a) ...................................................................................... (b)
...................................................................................... (c)
...................................................................................... (d)
......................................................................................
9. Concentration of active ingredient in the pesticide ................................................................
10. Formulation of the pesticide .................................................................................
11. Type of pesticides .........................................................................................
(fungicide, herbicide, nematicide, viricide, acaricide, growth regulators, insecticide, etc.)
12. The following toxicological information on the active ingredient/ pesticide as a whole is given in Appendix ....................
(indicate with a tick).
(a) acute toxicity—
(i) acute oral LD50 (in at least two unrelated species);
(ii) acute dermal LD50 (with name(s) of test animals);
(iii) inhalation toxicity;
(iv) toxicity to fish, bees and other non-target organisms.
(b) sub acute toxicity studies (90 days);
(c) Chronic toxicity studies (2 years);
(d) Poisoning symptoms and antidote statement;
(e) Protective clothing recommended when handling;
(f) Safety precautions to be observed in handling, use and storage;
(g) Precautions to be observed for the protection of wildlife, livestock and the environment.
13. Residue data on food crops .................................................................................
..............................................................................................................
..............................................................................................................
14. Proposed use (crop, pest, rate and mode of application)..........................................................
..............................................................................................................
..............................................................................................................
15. Recommended pre-harvest interval so that the residue remaining on the crop at harvest is
within acceptable limits ...........
..............................................................................................................
..............................................................................................................
16. The following information on efficacy is given in Appendix
.........................................................
...................................................................... (Indicate with a tick)—
(a) Evidence to show that the pesticide will perform as claimed;
(b) Phytotoxicity of the pesticide.
17. Details of net contents and nature of pesticide containers and retail packaging
........................................
..............................................................................................................
18. Distribution of the pesticide will be throughout MalawiDelete if inapplicable*/restricted to
the following areas*Delete if inapplicable.*—
..............................................................................................................
..............................................................................................................
(Please specify)
(This information is required for the purposes of determining the language requirements for the
labels)........................
19. Name of distributor in Malawi ................................................................................
..............................................................................................................
20. Pesticides and formulations with which the pesticide is known to be incompatible
.....................................
..............................................................................................................
21.The pesticide meets the following specifications (indicate with a tick)—
(a) FAO Specification;
(b) WHO Specification;
(c) any other .............................................................................................
(Identity of specification)
22. The pesticide has been registered in the country of origin and an authenticated copy of the
certificate of registration is attached as Appendix ................................................................*Delete if inapplicable.* has not been registered in the country of origin for the following reasons*Delete if inapplicable.*
...................................................................................
..............................................................................................................
..............................................................................................................
(Country)
Particulars .................................................................................................
..............................................................................................................
..............................................................................................................
23. Particulars of registrations of the pesticide in other countries—
(a) countries ..............................................................................................
(i) trade name of pesticide ..............................................................................
(ii) formulation of pesticide ..............................................................................
(iii) uses allowed ......................................................................................
(iv) restrictions (if any) .................................................................................
(b) Country ..............................................................................................
(i) trade name of pesticide .............................................................................
(ii) formulation of pesticides ............................................................................
(iii) uses allowed ......................................................................................
(iv) restrictions (if any)..................................................................................
..............................................................................................................
(Copy of the certificate attached)
24. I/We*Delete if inapplicable.* ................................................. the applicants, hereby declare
that all the information given in this application (which includes the annexes) is to the best of my/our*Delete if inapplicable.* knowledge and belief, true and correct.
Dated this .............................................. day of ..............................., 20......................
....................................
(Signature)
Name of signatory (printed) ..............................................................................
Capacity of signatory (if applicant is not an individual).........................................................
(Director/Secretary/duly authorized attorney)
For and on behalf of ....................................................................................
(Name of applicant if applicant is not an individual)
(Affix seal or stamp of applicant if not an individual) (..............................)
INSTRUCTIONS ON COMPLETING THIS FORM
An original and two copies of this form must be submitted for registration.
If the space provided in this form is insufficient to record the required information the information must be included in annexes attached to this form which must be numbered to correspond with the numbering on this form.
For Official Use only
Application received by ........................................ on ......................................
Fees paid MK ................................................................................ (in words)
Date: .......................
...........................................
Pesticides Control Board
CERTIFICATE OF REGISTRATION OF A PESTICIDE
The Pesticides Control Board, in exercise of its powers under section 19 (b) of the Pesticides Act, has registered the pesticide described below in the name of the registrant, for a period of five years expiring on ........................ subject to the conditions appearing below.
The registration number of the pesticides is .................................................................
The name of distributor in Malawi is ......................................................................
Particulars of the Pesticide
Registrant
Trade name
Active ingredient
Active ingredient content
Concentration
Formulation
CONDITIONS
1. The label(s), which have been approved by the Board for use in connexion with the pesticide, are attached.
2. Registration of this pesticide is subject to the special conditions, which appear on the reverse
side of this certificate.
Issued this ....................................... day of .................................... 20........
.............................................
Chairman
Pesticides Control Board.............................................
Registrar
Pesticides Control Board
Determination or WHO hazard classification based on acute LD50n (rat) or Formulated product (mg/kg)
WHO Hazard Class
Information to appear on label
............ Hazard
Statement
Band
Colour
Symbol
Symbols
and words
Ia
Extremely hazardous
VERY
TOXIC
PMS RED
199 C
VERY TOXIC
IB
Highly hazardous
TOXIC
PMS RED
199 C
TOXIC
II
Moderately hazardous
HARMFUL
PMS
Yellow C
X
X
HARMFUL
III
Slightly hazardous
CAUTION
PMS Blue
293 C
Products unlikely to present a hazard in normal use PMS Green
347 C
*Delete whichever is not applicable.*PMS is a colour matching system, mainly used by printers, devised and patented by Pantone, Inc. USA. See Table 5 of the WHO Recommended Classification of Pesticides by Hazard: Bibliography reference 6.
Acute LD50 of information (mg/kg)
APPLICATION FOR A PERMIT TO IMPORT, MANUFACTURE AND USE OF UNREGISTERED PESTICIDES
(Three copies to be completed)
The Registrar
Pesticides Control Board
P.O. Box 5748
Limbe
Malawi
I/We ..............................................................................................
of .................................................................................................
...................................................................................................
desiring to import/manufacture/use the pesticide(s) whose particulars are given in the attached form(s), do hereby apply for a permit in that behalf under the Pesticides Act.
1. I/We intend to import/manufacture/use the pesticide(s) within six months.
2. I .................................................................................................
the applicant/authorized agent of the applicant, hereby declare that all the information I have given in this application and the attached form(s) is to the best of my knowledge and belief true and correct.
..............................................
Signature of applicant or authorized agent
for and on behalf of:
(Affix seal or stamp of applicant)
Date:
Address:
For Official Use only
Application received by .......................................... on ................................. Fee paid MK
..................................................... (in words)
Date: .....................................................................
Registrar
Pesticides Control Board
PARTICULARS FORM
NOTE: Each form is intended for one pesticide. Any information required, if cannot conveniently be given in the form, may be provided in appendices.
1. Details of pesticides—
(a) product or trade name ...............................................................................
(b) common name of active ingredient .....................................................................
(c) code name of active ingredient .........................................................................
(d) type of pesticide (e.g. insecticide, nematicide) .............................................................
(e) chemical group.......................................................................................
(f) type of formulation ....................................................................................
(g) percentage of active ingredient ..........................................................................
(h) quantity to be imported/manufactured ....................................................................
(i) organization, institution, or person for whom imported/ manufactured
...........................................
2. Toxicological information on the pesticide as a whole (stating name/species of test animal)
............................
(a) acute oral LD50;
(b) acute dermal LD50;
(c) inhalation toxicity;
(d) chronic toxicity;
(e) fish toxicity;
(f) other information.
3. Particulars where pesticide is sold in any other country—
(a) country ............................................................................................
(b) uses allowed ........................................................................................
(c) country of manufacture ................................................................................
(d) country where the pesticide is imported from ...............................................................
4. Particulars where pesticide is being experimented with, or being used in any other country
.............................
(a) country ..............................................................................................
(b) uses allowed (state whether commercial or experimental)
......................................................
5. The experiment with the pesticide will be conducted in ...........................................................
(State locality)
on the following crops/animals ..................................................................................
PERMIT TO IMPORT PESTICIDES
.........................................................................................................
of ........................................................................................................ is permitted under section
20 of the Pesticides Act to import in one consignment, manufacture or use the pesticide(s) whose particulars appear below.
This permit is valid within the period of six months from the date of permit subject to the conditions stated on the reverse of this permit.
PARTICULARS OF PESTICIDE(S)
Trade NameCommon NameFormulationQuantity per cent a.i.CONDITIONSDate
issued:............................................................
Registrar
Pesticides Control Board
APPLICATION FOR A LICENCE TO MANUFACTURE OR EXPORT PESTICIDES
(Three copies to be completed)
The Registrar
Pesticides Control Board
P.O. Box 5748
Limbe
Malawi
1. I/We* ............................................................................................
of .................................................................................................
desiring to manufacture/export the pesticide(s) whose particulars are given in the attached form(s), do hereby apply for a licence in that behalf under the Pesticides Act.
2. I/We intend to manufacture/export the pesticide(s) within twelve months.
3. I/We* ............................................................................................
the applicant/authorized agent of the applicant, hereby declare that all the information I have
given in this application and the attached form(s) is to the best of my knowledge and belief true and
correct.
Date:
Address:
For Official Use only
Application received by ............................................................ on ...............
Fee paid MK ................................................................................ (in words)
Date: .....................................................................
Registrar Pesticides Control Board
PARTICULARS FORM
NOTE: Each form is intended for one pesticide. Any information required, if cannot conveniently be given in the form, may be provided in appendices.
1. Details of pesticides—
(a) product or trade name .................................................................................
(b) common name of active ingredient .......................................................................
(c) code name of active ingredient ..........................................................................
(d) type of pesticide (e.g. insecticide, nematicide) .............................................................
(e) chemical group .......................................................................................
(f) type of formulation ....................................................................................
(g) percentage of active ingredient ..........................................................................
(h) quantity to be imported/manufactured ....................................................................
(i) organization or person for whom imported/manufactured
.....................................................
(j) organization or person for whom imported/manufactured
.....................................................
2. Toxicological information on the pesticide as a whole (stating name/species of test animal)
............................
(a) acute oral LD50;
(b) acute dermal LD50;
(c) inhalation toxicity;
(d) chronic toxicity;
(e) fish toxicity;
(f) other.
3. Particulars where pesticide is registered in any other country—
(a) country..............................................................................................
(b) uses allowed .........................................................................................
(c) country of manufacture .................................................................................
(d) country where the pesticide is imported from ................................................................
4. Particulars where pesticide is being experimented with, or being used in any other country
..............................
(a) country ...............................................................................................
(b) uses allowed (state whether commercial or experimental)
......................................................
5. The experiment with the pesticide will be conducted in ............................................................
(State locality)
on the following crops/animals ...................................................................................
LICENCE TO MANUFACTURE OR EXPORT PESTICIDES
LICENCE No .............
1. Licence is hereby granted to ..................................................................................
of ..........................................................................................................
to manufacture/export *pesticides whose particulars appear below, subject to the conditions
specified herein.
2. Unless earlier revoked or suspended, this licence is for one year from the date of issue.
3. The licence is not transferable.
PARTICULARS OF PESTICIDE(S)
CONDITIONSDate issued: ..............................................................................
Registrar
Pesticides Control Board
APPLICATION FOR A COMMERCIAL APPLICATOR’S LICENCE
(Three copies to be completed)
The Registrar
Pesticides Control Board
P.O. Box 5748
Limbe
Malawi
1. I/WeDelete whichever is not applicable*
..................................................................................................
of .................................................................................................. desiring to apply for gain
pesticides belonging to the type/types specified below at ................................................
.
.........................................................................................................
(Address of premises)
do hereby apply for a Commercial Applicator’s Licence under section 26 of the Pesticides Act.
2. This application is for .....................................................................................
(a) a new licence
(b) renewal of licence Current licence No.
.
......................
(Indicate with a tick)
3. Period of licence: From ................................... to ....................... (annually)
4. The type of pesticides I/We desire to apply are—
(a) fumigants;
(b) insectides;
(c) acaricides;
(d) nematicides;
(e) fungicides;
(f) herbicides.
5. The intended purpose—
(a) fumigation of produce;
(b) field crops;
(c) household pests;
(d) termite proofing;
(e) weed control.
6. I/WeDelete whichever is not applicable* also forward a certified copy of Competence Fumigation Certificate No .................... whose date of issue is ..........................................................................................................
7. I/WeDelete whichever is not applicable* also forward account payee bank draft/cash/money order/postal order to the value of ......................... made payable to Pesticide Control Board as the application fee.
I/We* declare that all the information given in this application is true and correct. Signature or thumbprint of the applicant/person duly authorized .......................................................................................
..............................
(Means of identification)
for and on behalf of:
(Affix seal or stamp of applicant)
Date: .........................
For Official Use only
Application received by ............................................ on ............................... Fee paid MK
............................................................................................... (in words)
Date:..........................
.....................................
Registrar
Pesticides Control Board
COMMERCIAL APPLICATOR’S LICENCE
1. Commercial Applicator’s Licence is hereby granted, under section 26 of the Pesticide Act, to
...................................................................................................
of .......................................................................................... to apply for gain pesticides whose
particulars appear below, subject to conditions specified herein.
2. Unless earlier revoked or suspended, this licence is valid for one year from the date of issue.
3. This licence is not transferable.
PARTICULARS OF PESTICIDES
(a) fumigants
(b) insectides
(c) acaricides
(d) nematicides
(e) fungicides
f) herbicides
CONDITIONS
Date issued: ................................
..................................
Registrar
Pesticides Control Board
APPLICATION FOR A SALE LICENCE OR STORAGE LICENCE
(Three copies to be completed)
The Registrar
Pesticides Control Board
P.O. Box 5748
Limbe
Malawi
1. I/We*Delete whichever is not
applicable*........................................................................................... of
......................................................................... desiring to sale/store for sale*Delete whichever is not
applicable* the pesticides belonging to the class/classes specified below at
.....................................................
...................................................................................................
(Address of premises)
do hereby apply for a sale licence/storage licence*Delete whichever is not applicable* under section 19 of the Pesticides Act, to sell/store*Delete whichever is not applicable* the said pesticides.
2. This application is for—
(a) a new licence;
(b) renewal of licence. (Indicate with a tick) Current licence No.
..............................
3. Period of licence: From ......................... to ................................. (annually)
4. The type of pesticides I/We*Delete whichever is not applicable* desire to sell/store are
.........................................................
(a) class Ia
(b) class Ib
(c) class II
(d) class III
(e) Restricted pesticides.
5. The floor area—
(a) number of exit doors ....................................................................
(b) ventilation ............................................................................
(c) number of exit doors ....................................................................
(d) type of floor ...........................................................................
(e) drainage system ........................................................................
(f) distance from restaurants, canteens or any other eating houses ...................................
(g) protective clothing ......................................................................
(h) washroom(s) ..........................................................................
6. Other items sold or stored at the premises are—
(Indicate with a tick)
(a) foodstuff;
(b) sundries;
(c) hardware;
(d) pharmaceuticals;
(e) clothing;
(f) other (specify)—
...................................................................................................
...................................................................................................
7. I/We*Delete whichever is not applicable.* forward a certified copy of the certificate of registration under the relevant law.
8. I/We*Delete whichever is not applicable.* also forward account payee bank draft/money order/postal order*Delete whichever is not applicable.* to the value of made payable to Pesticide Control Board as the application fee.
I/We*Delete whichever is not applicable.* declare that all information given in this application is true and correct.
Signature or thumbprint of Applicant/person duly authorized ...........................................
(Means of identification)
for and on behalf of:
(Affix seal or stamp of applicant)
Date ..........................
For Official Use only
Application received by ....................................................... on ......................
Fee paid MK ................................................................................. (in words)
Date: ...............................
...............................
Registrar
Pesticides Control Board
SALES/STORAGEDelete whichever is not applicable.* LICENCE
LICENCE No. ........................
1. Licence is hereby granted
to ..........................................................................................................
of .................................................................................................. to sell/store pesticides
belonging to class/classes .......................................................................
at ..........................................................................................................
............................................................................................................
(address of premises) subject to the conditions specified herein.
2. Unless earlier revoked or suspended, this licence is valid for one year from the date of issue.
3. This licence is not transferable.
CONDITIONS
Signature ...............................
Pesticides Control Board
ItemMatterFeesKt1.On application for registration of a pesticide2,000002.On registration for a pesticide50,000003.On application for a permit to import2,000004.On application for a licence to manufacture or export a pesticide2,000005.On application for a sale licence or storage.2,000006.On issuance of a permit to import unregistered pesticide2,000007.On issuance of a licence to manufacture or export a pesticide50,000008.On application for a commercial applicator’s licence2,000009.On issuance of a commercial applicator’s licence5,00000
|
Disclaimer |
This document has been re-typed from its original version which is also available on MTP in order to assist with searching and indexing. It is not an approved version by the originating authority and in the case of doubt the original version will take precedence. |
| # | Title | Download |
|---|---|---|
| 1 | Pesticides Act (35:04) |  PDF |
Measures / Standards
| # | Name | Type | Agency | Description | Law | Valid To | Apply To |
|---|---|---|---|---|---|---|---|
| 1 | Requirement that only registered pesticides are imported. | Registration Requirement | Pesticides Control Board | An importer is not allowed to import a pesticide which has not been registered. | Pesticides Act (35:04) | 9999-12-31 | ALL |
| 2 | Permit requirement to import un registered pesticides. | Export Technical Measures | Pesticides Control Board | Unregistered pesticides can be imported only where one has an import permit issued for the purpose of analysis, registration or research, or under a pest emergency permit. | Pesticides Act (35:04) | 9999-12-31 | ALL |
| 3 | Licence requirement to export un registered pesticides. | Export Permit Requirement | Pesticides Control Board | An unregistered pesticide can be manufactured and exported if one has a licence to that effect | Pesticides Act (35:04) | 9999-12-31 | ALL |
| 4 | Licencing requirement for exportation of pesticides. | Export Permit Requirement | Pesticides Control Board | No one is allowed to export pesticides without a licence except where the Minister, advised by Pesticides Board exempt it. | Pesticides Act (35:04) | 9999-12-31 | ALL |
| 5 | Required standards of pesticide container. | Labelling, Marking and Packaging | Pesticides Control Board | Imported or exported pesticides need to be packed in containers which are safe for storage, handling or use ; should meet the required standards; and should approved where applicable. | Pesticides Act (35:04) | 9999-12-31 | ALL |
| 6 | Prohibition of exportation of food and feed with pesticide residues. | Export Technical Measures | Pesticides Control Board | No one can export food or feed for human or animal consumption if a pesticide has been applied to it, or its raw materials, without following the law. | Pesticides Act (35:04) | 9999-12-31 | ALL |
| 7 | Requirement to keep records of quantities of exported and imported pesticides. | Inspection requirement | Pesticides Control Board | Every importer or exporter of pesticides is required to keep a record of the quantities of pesticides imported or exported and of any other information that may be prescribed. | Pesticides Act (35:04) | 9999-12-31 | ALL |
| 8 | Restriction of usage of permit to import pesticides. | Prohibitions | Pesticides Control Board | Permit holder not to dispose pesticide imported for a person to another person other than the one specified. | Pesticides Act (35:04) | 9999-12-31 | ALL |
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