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GRENADA

ACT NO. 28 OF 1973

I useDt, e12th December, 1973. HILDA BYNOE

Governor.

An Act to provide for the control of the importation,sale, storage and use of pesticides.

[ By PROCLAMATION ].

Be it enacted by the Queen's Most Excellent Majesty,by and with the advice and consent of the Senateand House of Representatives of Grenada, and by theauthority of the same, as follows: -

1. This Act may be cited as the

PESTICIDES CONTROL ACT, 1973.

Short tit1&

238 Act 28 Pesticides Control 1973

Interpreta­tion.

2. For the purposes of this Act-"advertisement" means any representation by any

means whatsoever for the purpose of promot­ing directly or indirectly, the sale or other

distribution of any pesticide;

"agriculture" means the production and storageor chemist or any other analyst or chemistapproved by the Minister;

purpose and includes the use of land forgrazing, forestry and woodland, fish culture,bee culture, market gardening, horticultureand nurseries or animal husbandry;

"approved analyst" means the government analystor chemist or any other analyst or chemistapproved by the Minister,

"article" or "article to which the Act and regula­tions apply" means-

(a) a pesticide or any produce to which apesticide is believed to have beenapplied; or

(b) anything used for the manufacture,packaging, storage, application or useof a pesticide; or

(c) any labelling, packaging or advertisingmaterial which relates to a pesticide;

"Board" means the Pesticides Control Boardestablished under section 4;

"Container" means anything in which a pesticideis wholly or partly contained or packed;

"extermination" means the use of pesticides forthe destruction or control of pests in' abuilding, vehicle, ship or aircraft whether onland or any other place;

1973 Pesticides Control Act 28· 2-39-

"Label' means any legend, word or mark attachedto, included in, belonging to or accompanyinga container;

"manufacture" means the formulation, compound­ing or synthesizing of a pesticide;

"Minister" means Minister responsible for agricul­ture;

"owner" means the owner of an article, his servantor agent, the person in whose possession anarticle is found, the owner of a vehicle or landin which or on which an article is found, orthe employer of a worker;

"packaging" means the activity of putting pesti­cides in containers for sale or distribution;

"pest" means any insect, rodent, bird, fish, molluscnematode, fungus, weed, miscroorganism,virus and /or other kind of plant or animallife which is troublesome and / or undesirableto crops, produce, processed foods, wood,clothes, fabrics and /or other inanimateobjects or which is objectionable from theview point of public health and hygiene. Italso includes ectoparasites of man, or ecto­parasites of animals except that, by regulations,any pest may be specifically included orexcluded;

"pest control operator" means a person who,by himself or his employees, assistants oragents, carries out an extermination for aremuneration;

"pesticide" means a product intended to be usedfor controlling a pest;

240 Act 28 Pesticides Control 1973

Itcgulations.

"produce" means a crop grown for consumptionor other use after it is severed from the landand includes anything ordinarily used orwhich may be used in the composition of foodfor human beings and domestic and farmanimals, but does not include growing crops;

"worker" means a person employed in the useand handling of pesticides.

3.-(1) The Minister may make regulations forcarrying into effect the provisions of this Act and inparticular for-

(a) prohibiting the manufacture, packaging,importation, advertisement, sale and use ofparticular pesticides or classes of pesticides;

(b) controlling the manufacture, packaging,importation, transportation, advertisementand sale or other distribution of particularpesticides or classes of pesticides;

(c) controlling the use of pesticides in agriculturegenerally or on particular crops or pests;

(d) controlling the use of pesticides on produceduring its storage and transportation;

(e) setting out the conditions under which pesti­cides are to be stored;

(f)' protecting workers against the risk ofpoisoning or other injury by pesticides;

(g) prescribing the permissible level of anypesticide in any particular kind of produceat the time of marketing.

1973 Pesticides Control Act 28 241'

(2) Regulations under subsection (1), maycontain provisions-

(a) controlling the quantities of pesticides whichmay be imported or manufactured, thetypes of containers in which such substancesm8Y be imported, transported, offered forsale or otherwise distributed;

(b) controlling the labelling of containers, theirsubsequent disposal and the disposal ofunwanted stocks of pesticides;

(c) requiring the keeping and inspection ofrecords and the furnishing of returns andother information with respect to pesticides;

(d) restricting or prohibiting the use of particularpesticides or classes of pesticides;

(e) imposing restrictions and obligations onpest control operators;

(I) imposing duties on employers or workers, onthe workers themselves and on others;

(g) requiring the provision and keeping in goodorder of-

(i) protective clothing,

(ii) proper equipment;

(iii) facilities for washing and cleaning;

(iv) other things needed for protectingpersons, clothing, equipment andappliances from contamination bypesticides or for removing sourcesof contamination therefrom;

and the production thereof on the request of aninspector.

242 Act 28 Pesticides Control 1973

(h) requiring the use of devices by employers­

(i) to warn against poisoning bypesticides;

(ii) to ensure proper use of theapparatus and facilities providedin pursuance of the regulations;and

(iii) to warn against eating, drinkingand smoking where there may berisk of poisoning by pesticides;

(i) prescribing limits to periods of exposure ofworkers to risks of poisoning by pesticidesand the length of the intervals betweenperiods of exposure;

(j) requiring special precautions to be taken byemployers in the cases of workers whobecause of their state of health, age or othercircumstances are subject to particular risksof poisoning by pesticides;

(k) imposing prohibition and restrictions whethertemporary or permanent regarding employ­ment of the class of workers mentioned inparagraph (J);

(J) prescribing measures for investigating anddetecting cases in which poisoning ofworkers by pesticides has occurred or mayreasonably be thought to have occurred,including medical examinations, the collect­ing of samples, and the making of bloodtests and analyses;

1973 Pesticides Control Act. 2.8 243

(m) requiring employers to provide properfacilities for first aid treatment and thesafety of workers;

(n) requiring employers to provide, and thenecessity for workers to submit to, instruc­tion and training in the use of apparatusand facilities provided in pursuance of theregulations;

(0) prescribing standards for the composition ofpesticides;

(p) making it necessary to obtain a licence tomanufacture, import, package, sell or other­wise distribute or use any pesticide;

(q) prescribing the manner for the applicationand grant of licences necessary under para­graph (p).

(3) Regulations under this section may-(a) make different provisions to meet different

circumstances and provide for differencesin the composition of specific pesticideshaving regard to their poisonous effectsunder different conditions and on differentclasses of workers; and

(b) provide for the exemption of particularcases or' of particular workers from theoperation of part or all of the regulations.

4·-(1) There is hereby established a Board to be Creation ofcalled the Pesticides Control Board whose duties shall ~~~:~o~ndbe- appointment

( ) dvi h M·· of officer•.a to a VIse t e mister on matters relevantto the making of regulations under this Act;and

244 Act 28 Pesticides Control 1973

Authoriza·tion ofentry.

(b) to carry out the provisions of the Act andthe regulations.

(2) The Board shall comprise the Chief MedicalOfficer, the Senior Officer responsible for environ­mental health the Technical Officers responsible forAgronomy and Agricultural Extension, the Govern­ment Chemist or Produce Chemist, the Chief PlantProtection Officer and two other persons appointed bythe Minister who are not employed in the GovernmentService.

(3) The Chairman shall be elected by the Boardfrom amongst the members from the Ministry ofAgriculture and shall have both an original and acasting vote.

(4) The quorum for the conduct of business bythe Board shall be five.

(5) The Minister may assign inspectors to assistthe Board in the carrying out of its duties under para­graph (b) of subsection (1).

(6) All expenses incurred in the administrationof this Act shall be defrayed out of the moneys providedfor the purpose by the Legislature.

5.-(1) An inspector may, when he is performing hisduties under this Act or the regulations, at any reason­able hour enter land or premises to which this sectionapplies.

(2) An inspector shall-

(a) before entering on any land or premisesunder this section produce on request aninstrument signed by the Chairman of theBoard authorising him to enter; and

1973 Pesticides Control Act 28 245

(b) if it is necessary for him to enter a dwellinghouse, otuer tnan a dwelling house in whichhe reasonably believes there are washingfacilities or other things provided under thisAct or the regulations lor the use of personsnot living in that dwelling house, beforeentering that dwelling house give 24 hoursnotice of his intention to the occupier ofthe dwelling house.

(3) This Section applies to any land or premises-

(a) on which a pesticide is being, has recentlybeen, or is about to be used, manufacturedsold, packaged or stored;

(b) which is being used or has recently beenused or is about to be used for a purposeconnected with the use, manufacture, salepackaging or storage of pesticides;

(c) on which apparatus and facilities requiredto be kept by the regulations are kept; or

(d) which an inspector has reasonable cause tobelieve to be land or premises mentioned inparagraphs (a) to (c).

6.-(1) An inspector may-

(a) require the production of the article,examine and copy registers, records orother documents required to be kept by theregulations;

(b) make examinations and enquiries to discoverwhether this Act and the regulations arecomplied with;

Powers ofInspectors,

246 Act 28 Pesticides Control 1973

(c) require any person he finds on land orpremises mentioned in section 5 (3) to giveinformation to the best of his knowledge asto who is the occupier of that land and whois employer of workers employed to workthereon;

(d) interview either alone or in the presenceof any other person with respect to theobservance of this Act or the regulations,any person he finds on any land or premisesmentioned in section 5 (3) or whom he hasreasonable cause to believe to be, or to havebeen within the preceeding 2 months,employed to work thereon, but a person sointerviewed may not be required to answerany question or make any statement tendingto incriminate himself;

(e) require persons suffering or believed to besuffering from toxic effects produced bypesticides to be examined by the appropriateMedical Officer without delay.

(/) take samples under section 8;

(g) seize and detain for such time as may benecessary any article by means of which orin relation to which he reasonably believesany provision of this Act or the regulationshas been violated;

(h) exercise such other powers as may benecessary for carrying into effect this Actand the regulations.

(2) An inspector shall release and article seizedunder sub-section 0) when he is satisfied that all theprovisions of the Act and the regulations have beencomplied with.

/973 Pesticides Control Act 28 247

7.-(1) Any person who-

-----------,_._--------------(3) Any article seized under paragraph (g) of

subsection (1) may at the option of an inspector bekept or stored in the building or place where it is seizedor may at the direction of an inspector be removed toanother place.

(4) Where an inspector seizes an article underparagraph (g) of subsection (1) and the owner thenconsents to its destruction the article shall thereuponbe forfeited to the Crown and may be destroyed orotherwise disposed or <:1:; the Board may direct.

Offences andpenalties.

(a) assaults, resists, obstructs or intimidatesany inspector in the execution of his duty;

(b) use indecent, abusive, or insulting languageto any inspector in the execution of his duty;

(c) by any gratuity, bribe, promise or otherinducement prevents or attempts to preventany inspector from carrying out his duty;

(d) without the authority cf an inspectorremoves, alters 0[ interferes in any waywith an article seized under paragraph (g)of section 6 (l i;

(e) contravenes any provision of this Act or theregulations:

is guilty of an offence and liable on summary convictionto a fine not exceeding $250, and in the case of acontinuing offence to fine not exceeding $50 for eachday or part thereof during which the offence continues.

(2) The court may, in addition to any otherpenalty it may impose order that- .

(a) the articles in respect of which the offencewas committed be forfeited;

248 Act 28 Pesticides Control 1973

(b) stocks held in other parts of the island bythe accused be forfeited;

(c) the accused be permitted to modify thearticles in question within a stated period tobring them into conformity with the Actand the R egu lations; if this is not done tothe satisfaction of the Board then thearticles be forfeited;

(d) the accused be disqualified from holding orobt aining a licence to import, manufacture,sell or usc pesticides under this Act or theregulations.

:a~~~:. 8.--0) An inspector may take samples of articleswithout com- to which this Act and the regulations apply withoutpensation, paying compensation to the owner-

(a) where those articles are being used, areexnoscd for sa le, are in storage ~or are heingtransported; or

(!J) with the approval of the Comptroller ofCustoms where the articles are importedand are still with in the control of theComptroller of Customs.

(2) An inspector taking a sample under subsec­tion (1) with the intention of having it analysed shall Ifpracticable-

(a) forthwith after taking it give notice of hisintention to the owner of the article;

(b) immediately divide the sample into parts andmark, ser.l and fasten each part in suchmanner as its nature will permit; and

/973 Pesticides Control Act 28 249

(i) on the request of an owner deliverone part to him;

(ii) retain one part for future compari­son; and

(iii) if the inspector thinks it fit to havean analysis made, submit one partto an approved analyst.

(3) Where it is not practicable for an inspector togive notice under subsection (21 he shall, if he intends tohave the sample analysed and can ascertain the nameand address of the owner, forward one part of thesample to him by registered post or otherwise, togetherwith a notice informing him that he intends to have thesamples analysed.

(4) Notwithstanding subsections (2) and (3)-

(a) where the inspector is of the opinion thatdivision of a sample would affect theaccuracy of the analysis the inspectormay, subject to paragraph (c) submit theentire sample for examination;

(b) where an entire sample is submittedunder paragraph (a) the analyst shall.before making the analysis, divide thesample into 2 parts and retain 1 part forfuture comparison;

(c) where the owner objects to the procedureset out in paragraph (a) and at his ownexpense supplies a quantity of the samearticle which in the opinion of theinspector is sufficient for a division

250 Act 28 Pesticides Control /973

Commence­ment

under subsection (2) to be made, theinspector shall follow the procedure setout in subsection (2).

(5) A document purporting to be a certificate byan approved analyst as to the result of an analysis of asample shall in proceedings under this Act be admissibleas evidence of the matters stated therein, but either partymay require the person by whom the analysis was madeto be called as a witness.

(6) If in any proceedings under this Act theinformant intends to reply on evidence relating to a"ample taken under this section->-

(a) a copy of the analyst's certificate shall beserved with the summons; and

(b) the part of the sample retained by theinspector for future comparison may beproduced at the hearing.

(7) The court before which proceedings are takenunder this Act may. on the application of a party to theproceedings. cause the part of any sample produced to besent to an approved analyst other than the analystwhose certificate is then before the court, who shallmake an analysis and transmit to the court a certificateof the result thereof, and the court may, after determina­tion of the case make an order for recovery of the costsincurred in respect of the analysis.

9. This Act shall come into operation on such day asthe Governor may appoint by proclamation.

1973 Pesticides Control Aa 28 251

Passed in the House of Representatives this 24th day of August,1973.

CURTIS V. STRACHANClerk of the House of Representatives.

Passed in the Senate this 27th day of August, 1973.

CURTIS V. STRACHANClerk of the Senate.

GRENA.DA.

PRINTED BY TBB GOVERNMENT PRINTER. AT THB GOVBRNMENT PIlINTINO OFFICI,ST. GEORGE'S.

1973.