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LAWS OF MALAYSIA Act 149 PESTICIDES ACT, 1974

LAWS OF MALAYSIA - FAOLEX Databasefaolex.fao.org/docs/pdf/mal13354.pdf · LAWS OF MALAYSIA Act 149 PESTICIDES ACI; 1974 ARRANGEMENT OF SECTIONS PRELIMINARY Section 1. Short title,

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Page 1: LAWS OF MALAYSIA - FAOLEX Databasefaolex.fao.org/docs/pdf/mal13354.pdf · LAWS OF MALAYSIA Act 149 PESTICIDES ACI; 1974 ARRANGEMENT OF SECTIONS PRELIMINARY Section 1. Short title,

LAWS OF MALAYSIA

Act 149

PESTICIDES ACT, 1974

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Da!s of Royal Assent . . . . . . 50th July, 1974

Date of publication in Gazette ... 29th August, 1974

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LAWS OF MALAYSIA

Act 149

PESTICIDES ACI; 1974

ARRANGEMENT OF SECTIONS

PRELIMINARY Section

1. Short title, application and commencement.

2. Interpretation.

PART I!

THE PESTICIDESBOAW

3. Establ&hment o fdhe Board.

4, Alternate members.

5. Provision of facilities by Ministry.

6. Proceedings of the Board.

CONTROL OF IMWRTAnON AND MANUFACTURE OF PESnClDES BY REGISTRATION AND PERMIT

7. Application for registration of pesticides.

8. Registration and refusal to register.

9. Period of registration.

10. Power to cancel registration.

11. Appeal against decision of Board.

12. Gazetting of pesticides.

13. Prohibitions as to i~;,lortation and manufacture, and penaltv.

14. Importation of pesticides for educational or research purposes.

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[ArrMgemtnt of Sections)

4

CONTROL OF MANUFACTURE. SALE AND STORAGE OF PESTICIDES BY LICENSING

Section

15. 1-icence to manufacture pesticides.

16. Appointment of Pesticides Licensing OfEcers.

17. Licence to sell or store pesticides.

18. Revocation and suspension of licence.

19. Appeal against decision of Board or Pesticides Licensing Officer.

20. OfTences relating to manufacture. sale and storage for sale.

PART V

CONTROL OF PRESENCE OF PESTICIDES IN FOOD ;

21. Regulations to control presence of pesticides in food.

22. Entry, inspection and seizult.

23. Power to demand, sclzct and take samples.

24. Right to analysis of food. 25. Ofience of selling contaminated food.

26. Ignorance of contamination not a defence.

27. Defence of reliance on written warranty or statement.

PART V1 DEATH AND INJURY OCCASIONED

BY PESTICIDES

28. Reporting of accident. death and personal injury.

29. Inquiry into and investigation of accident, death and personal injury.

30. Inquiry or inquest in cases of death occasioned by pesticides.

PART VII ENFORCEMEirr

31. Entry. search and sclw..

32. Power to stor and search conveyances.

33. IdrsSBcation of ofticem when taking action.

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PESTICIDES

PART VIII ANALYSIS

Section 2

34. Appointment of Analysts.

35. Manner of taking samples.

36. Court may order analysis.

37. Right to analysis of pesticide.

38. Certificate of Analyst.

39. Certificate of Analyst to be prima facie evidence.

40. Recovery of fees and other expenses.

PART IX PROCEEDINGS

Notice of seizure. detention or removal.

Complaints as to seizure. detention or removal.

Summons.

Time bar to prosecution.

Presumption as to importer or manufacturer.

Liability of agent, servant. principal and employer.

Liability of directors and other officers of bodies corporate.

Offence as to sample deemed offence as to the whole lot. Forfeiture of offending substances.

Jurisdiction.

Privilege from disclosure.

Noiification of conviction.

PART X GENERAL

53. Giving or making false information or statement.

54. Interference with official marks.

55. Secrecy.

56. General pnalty.

57. Rules anE. regulations.

58. Amci~dment of Schedules.

59, Exemption.

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IAmpmemt of Sections)

AMENDMENT. REPEAL. AND SAVING OF RELATED LAWS

Section

Removal of certain substances from F.M. 29152.

Control in the States- of Malaya of substances that are both poisons and pesticides.

Removal of certain substances from Sabah Cap. 100.

Control in the State of Sabah of substances that are both poisons and pesticides.

Removal of certain substances from Sarawak Cap. 121.

Control in the State of Sarawak of substances that are both poisons and pesticides.

Repeal of F.M. 15/49 and Sabah Cap. 99.

Amendment of F.M. 29/52.

List of pesticides.

Exempted articles.

Part I- Substances removed from the control of the Poisons Ordinance No. 29 of 1952 of the States of Malaya.

Part 11- Entries deleted from Appendix to Poisons List.

Part III- Substances removed from the control of the Poisons and Deleterious Drugs Ordinance (Cap. 100) of the State of Sabah.

Part IV- Substanas removed from the control of the Poisons Ordinance (Cap. 121) of the State of Sarawak.

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LAWS OF MALAYSIA

Act 149

PESTICIDES ACT, 1974

An Act to control pesticides.

BE IT ENACTED by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as folIows :

PART I PRELIMINARY

1. (1) This Act may be cited as the Pesticides Act, 1974 g;::& and shall apply througbut Malaysia. and corn-

mencement (2) This Act shall come into operation on a datc to be

appointed by the Minister by notification in the Gazette; and the Minister may appoint different dates for the coming into operation of this .Act, or of different provisions thereof, in different parts of Malaysia.

2. (1) In this Act, unless the context otherwise requires- :Smh- "Analyst" means an Analyst appointed under section 34; "animals" means-

(a) animals that are useful to man as a source of food or other essential products or as beasts of burden;

(b) animals that are commonly kept as domestic animals or as pets;

(C) animals that are protected under any written law for the time being in force relating to the protection of wild life;

(d) animais that are beneficial to agricultural produc- tion: or

(e) animals that ~ T P valued for reasons of amenity; "authorized ofFr;erW means-

(a) a Pesticides Licensing Officer; (6) a police officer of or above the rank of Inspector;

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(c) an officer of the Customs Department of or above the rank of Customs Officer; or

(d) a public officer designated as an authorized officer by the Minister by notification in the Gazette;

"Board" means the Pesticides Board established under section 3;

"contaminated food" means food in which there is present a pesticide, or a quantity, proportion, strength, or concen- tration of a pesticide, in contravention of regulations made under section 21; and a reference to the use or presence of a pesticide in food includes a reference to its use or presence on food;

"food" includes every substance that is used for food or drink by man or that enters into or is used in the composi- tion or preparation of the substance, and also includes flavouring matters and condiments, but does not include a substance or mixture of substances used by man as a medicine;

"label" means any written, printed, or graphic matter- (a) on the package, whether immediate or otherwise, of

a pesticide; or (b) accompanying a 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 on of a bona fide research or experiment relating to a pesticide or the doing of an act or thing forming part of or incidental to such research or experiment;

"pack" means to enclose in a package; "package" means anything in or by which a pesticide or

any food, as the case may be, is cased, covered, closed, or contained;

"pesticide" means, subject to subsecl.ion (2)- (a) any of the substances listed in the First Schedule; or (b) any preparation cuntaining any one or more of

those substances; and includes-

(C) any pre+tration used, or capatrlz, or purporting to be capable, of being used, or intended to be

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PESTICIDES 9

used, for preventing the attack or spread of or for destroying-

(i? fungi or other parasitic plants or bacteria that affect or attack plants, fruits, animals, or property;

(ii) insects or other pests that affect or attack plants, fruits, animals, or property;

(iii) noxious animals or noxious birds; or (iv) weeds or other noxious plants; and

(d) any substance purporting to be a pesticide; but does not include contaminated food or any article listed in the Second Schedule;

"Pesticides Licensin9 Officer" means a Pesticides Licen- sing Officer appointed under section 16;

"prescribed" means prescribed by the rules or regulations;

"rules" and "regulations" mean rules and regulations made under this Act;

"Secretary" means the Secretary of the Board;

"sell" includes oRer for saie, exhibit for sale, and possess for sale.

(2) For the purposes of this Act, a pesticide shall be treated as a different pesticide from another pesticide if-

(a) the chemical name of that pesticide is different from that of the other pesticide;

(b) the trade name or trade mark of that pesticide is different from that of the other pesticide;

(C) the ingredients of that pesticide are different from those of the other pesticide, in type, number, pro- portion, concentration, or in other respects;

(d) that pesticide is differently formulated from the other pesticide;

(el that pesticide is manufactuied by a manufacturer other than the manufacturer of the other pesticide: or

(0 that pesticide is different in quality, nature, charac- teristics, or efficacy from the other pesticide.

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(3) For the purposes of this Act, a pesticide shall be deemed to be misbranded if-

(a) its label contains a statement, design, or graphic representation relating to the pesticide that is false or misleading in any material particular, or if its package is otherwise deceptive in respect of the contents of the package;

(b ) it is an imitation, or is sold under the name, of another pesticide;

(C) its label does not contain such warning or caution as is necessary and, if complied with, sufficient to prevent risk to human beings or animals;

(d) any word. statement, information, or other matter required by the rules or regulations to appear on its label is not displayed thereon at all or in the prescribed manner;

(e) it is not packed or labelled in the prescribed manner; (f) it hasa toxicity that is different from that claimed

for it; (g) it is mixed or packed with a substance so as to

subsequently alter its original nature or quality; or (h) it contains a substance other than the substance or

substances that it is claimed to contain.

THE PESTICIDES BOARD

Establish- 3. For the purposes of this Act, there is hereby established 'nrntOf'he B O W ~ . a hoard named Pesticides Board and consisting of the

following members : (a) the Director General of Agriculture, who shall be

the Chairman; (b) a senior officer of the D2partment of Agriculture,

West Malaysia, who shall be appointed by the Minister, and be the Secretary;

(C) the Director of Yo-lth Fcrvices; (d) the Directci General of Chemistry; (e) the Piiector of the Malaysian Agricultural Research

and Development Institute;

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( f ) the Director of the Rubber Research Institute of Malaysia;

(g) the Director of the Standards Institution of Malay- sia;

(1'1) the Director General of Veterinary Services; (i) the Chief Pharmaceutical Chemist of the Ministry

responsible for health services; ( j ) the Director General of Forestry, West Malaysia; (k) the Director of Agriculture, Sabah; and ( l ) the Director of Agriculture, Sarawak.

4. (1) The Minister may, in relation to each member of the Board, appoint, on the nomination of the member, not more than one person to be an alternate member to attend in place of the member meetings of the Board that the member is for any reason unable to attend.

(2) When attending meetings of the Board, an alternate member shall for all prirposes be deemed to be a member of the Board.

5. The Ministry responsible for the Board shall provide it E;z$~;f with such staff, funds, and other facilities as are necessary M*i,m, to enable it to carry out its functions.

6. (1) The Chairman shall preside at all meetings of the :=din5 Board that he attends. Board.

(2) In the absence of the Chairman at a meeting of the Board, the members present shall elect one of themselves to preside at the meeting.

(3) The Chairman or other member presiding at a meeting of the Board shall have a deliberative vote and, if upon any question the votes are equally divided, a casting vote.

(4) The Board shall meet at such places and times as the Chairman may appoint; and at a meeting of the Board six members including the Chiirman or other member presiding shall form a quorum.

(5) The Board may invite any person to attend any of its meetings but the person snall have no right td vote at the meeting.

(6) Subject to this section, the Board may regulate its own procedure.

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pt. lll, S. l ]

12

COhTROL OF IMPORTATION AND MANUFACTURE OF PESTICIDES BY REGISTRATION AND PERMIT

Application 7. ( l ) A person desiring to import or manufacture a for registration pesticide may apply to the Board in the prescribed manner of pesticides.

for registration of the pesticide. (2) Subject to subsection (4), an applicant must with his

application submit to the Board- (a) a statement of the common name of the pesticide,

if available, its trade name. its chemical name, and its structural formula, and of the name and con- centration of every active ingredient of the pesticide;

(6) the name and concentration of every other ingredient of the pesticide;

(C) detailed toxicological information on every ingre- dient of the pesticide and on the pesticide as a whole;

(d) all matters proposcd to be included in the label of the pesticide, including instructions for, and the precautionary measures to be taken in connexion with, its use, and the claims made for it;

(e) a statement as to, or a sample of, the proposed package of the pesticide;

( f ) reports on the efficacy and safety of the pesticide; (g) a statement of the methods of analysing the pesticide

and of the authorities or sources of information on which the statement is based;

(h) a statement of the methods of determining the residue of the pesticide on plants or crops on which it is intended to be used;

(i) the addresses of the place of business of the applicant and of the place where the applicant intends to store pesticides; and

( j ) if he is a manufacturer, the name and address of the factory, building, or premises at which the applicant intends to manufacture the pesticide and an outline of the process manufacturing the pesticide.

(3) The Board may t~qui re tilt: applicant- (a) to submit to it any information relating to the

pes!iciie other than the matters specified in sub- section (2); and

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PESTICIDES 13

(6) to amend or modify the ~ a t t e r s specified in para- graphs (d) and. (P ) of subsection (2) so as to comply with the rules or regulations relating thereto or, if there are no such rules or regulations for the time being, with the policy ~f the Board relating thereto.

(4) The Board may, in any particular case, waive any of the requirements of subsection (2) or accept and act on an app1ic:ltion that lacks any of those requirements, if it considers that it may properly act under section 8 notwith- standing the absence of that requirement.

8. ( 1 ) Upon receipt of an application duly made under and Registra- in accordance with section 7 and the rules, and after com- :g$f, pliance by the applicant with any requirement of the Board resister. made under section 7 (3, the Board may, after such inquiry or investigation as it considers proper and necessary to carry out and on payment of the prescribed fee, register the pesticide to which the applicatior~ relates subject to such conditions as the Board thinks fit to impose, assign a registration number thereto, a:ld issue to the applicant a certificate of registration thereof, if the Board is satisfied that-

(a) all matters contained in acd submitted with the application are true in all material particulars;

( h ) the matters proposed to be included in the label of the pesticide, and the proposed package of the pesticide, comply with the rules or regulations relating to labelling and packaging or, if there are no such rules or regulations for the time being, with the policy of the Board relating thereto; and

(C) the pesticide, if used or handled according to the instructions contained in its proposed label. would be efficacious and would-

(i) be safe to human beings and animals; or

(ii) constitute a risk to human beings and animals of such a minimal extent or degree as to be outweighed b: the necessily or advantages of using the pestiridi.

(2) If the Board i~ not satisfied of any of the matters specified in subsection ( l ) , it shall not register the pesticide.

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(3) If a standard specification in respect of the pesticide 16/66. has been declared under section 18 of the Standards Act

1966- (a) in formulating its policy relating to the label and

package of the pesticide for the purpose of paragraph (b) of subsection (l), the Board shall, in addition to other matters, take into consideration the relevant requirements of the standard specification and the need or otherwise of adopting any or all of those requirements; and

(6) in assessing and determining the efficacy and safety of the pesticide for the purpose of paragraph (c) of subsection ( l ) , the Board shall, in addition to other determining factors, take into consideration the relevant requirements of the standard specification, and may refuse to register the pesticide if it does not satisfy any of those requirements.

(4) Notwithstanding subsections (l), (2) and (3), if an application is made for the registration of a pesticide that is for the time being registered on the previous application of another person, the Board shall, on payment of the prescribed fee, register the pesticide cn the same conditions as those imposed on the existing registration, assign a registration number thereto, and issue to the subsequent applicant a certificate of registration thereof.

Periodof 9. (1) The period of registration of a pesticide shall be three registration. years but the pesticide may, on application by the person

on whose application the pesticide was originally registered and on payment of the prescribed fee, be re-registered at the end of every three-year period.

(2) An application for re-registration of a pesticide shall be made and dealt with in the same manner as an application for registration under section 7.

Powerto 10. (1 ) Subject to subsection (2) and without prejudice to cancel rrgi3tration. any prosecution that may he brought under this Act or the

rules or regulations, the Board may order the cancellation of the registration of a pesticide-

(a) upon receipt of a notificatic~n in writing from the person on whose application the pesticide was registered, and un hein? satis'ied, that the pesticide has been withdraq;;ln froin sale or use;

(h) if the Board considers it undesirable that the pesticide should continue to remain registered owing to its toxicity or inefficacy;

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[Ft. 111, S. 1613)

PESTICIDES ! 5

(C) if the pesticide does not conform to the claims made for it in its label;

(4 if its label does not comply with the requirements of this Act or the rules or regulations;

(e) if any of the conditions subject to which the pesticide is registered has not been observed;

(f) if the Board finds that any of the matters submitted to it under section 7 (2) is untrue in any material particular; or

(g) if the Board is satisfied that the pesticide has fallen into disuse.

(2) Before ordering the cancellation of the registration of a pesticide on any of the grounds in subsection (11, other than those in paragraph (a) thereof, the Board shall give the person on whose application the pesticide was registered an oppor:unity to show cause against making the order.

11. (1) If an applicant for registration or re-registration of Appeal against a pesticide is dissatisfied wiih the refusal of the Board to decision

register or re-register the pesticide or if the person on whose of Board. application a pesticide was registered is dissatisfied with the order of the Board to cancel the registration of the pesticide, the applicant or person. as the case may be. may appeal to the Minister whose decision shall be final and shall not be called into question in any court.

(2) I n the case of an appeal against the refusal of the Board to register or re-register a pesticide, the appellant may submit to the Minister any information relating to the pesticide additional to that previously submitted to the Board on condition that it is also at the same time submitted to the Board.

12. As soon as possible after a pesticide has been registered, Gazettins removed from the register by cancellation. re-registered, or ;:,ticid". refused registration or re-registration, the Board shall cause the fact to be published in the Gazette together with particulars relating to the pesticide sufficient to identify it.

13. (1) Except as proviL:d in sectior, 14. no person shall Prohibi- ?:..--

import or manufacture- ..- as to importation

(a) a misbranded r~esticide; and manu- facture. and penalty. (b ) a peslicide that is not for the time being registered

on his application under this Act; or

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(C) a pesticide otherwise than in accordance with the conditions subject to which it was registered on his application.

(2) Subject to subsection (3), a person who contravenes subsection (1) commits an offence and is liable, on a first convicti~n, to imprisonment for three years or to a fine of ten thousand dollars and, on a second or subsequent convic- tion, to imprisonment for five years or to a fine of twenty thousand dollars or to both.

(3) Notwithstanding subsections ( l ) and (2), it shall be a defence to a charge under paragraph (a) of subsection (1) of importing or manufacturing a pesticide that is misbranded as defined in paragraph (g) or (h) of section 2 (3), that, in the process of manufacturing or transportiqg the pesticide, some extraneous substance has unavoidably become intermixed with it.

Importation 14. (1) A person desiring to import a pesticide for educa- of pesticides t- for ional or research purposes may apply to the Board in the educational prescribed manner for a pcrmit to import the pesticide. or research P U ~ ~ O S C ~ . (2) Upon receipt of an application under subsection (l),

the Board m y , if it is satisfied that the pesticide desired to be imported is intended solely for educational or research purposes and on payment of the prescribed fee, issue to the applicant a permit in the prescribed form subject to such conditions as the Board thinks fit to impose, including conditions as to the disposal of any unused surplus of the pesticide.

(3) If an applicant for a permit under this section is dissatisfied with the refusal of the Board to issue to him the permit, he may appeal to the Minister whose decision shall be final and shall not be called into question in any court.

(4) A permit issued under this section shall authorize the importation of one consignment only of one or more pesticides within a specified period.

( 5 ) The person to whom a perm t is issued under this section may, subject to the conditicns thereof, import the pesticide or pesticides r imed thereill notwithstanding that the pesticide or pesticidrts nnt for the time FtIiig registered under this Act on his application and nlrtwith- standing the prohibiilons in section 13 against the importa- tion of mis31anded or unregistered pesticides.

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PESTICIDES 17

(6) A person tt~ho imports a pesticide under a permit issued to him under this section but contrary to or in breach of any of the conditions of the permit commits an offence.

(7) A person who imports a pesticide under a permit issued to him under this section and who uses or disposes of the pesticide otherwise than for educational or research purposes, commits an offence and is liable to imprisonment for three years or to a fine of ten thousand dollars.

(8) The Board may delegate its functions under this section to any member thereof.

CONTROL OF MANUFACTURE, SALE. AND STORAGE OF PEST!CIDES BY LICENSING

15. (1) A person -desiring to manufacture a pesticide may Licence to apply to the Board in the prescribed manner for a licence to :::,U;, manufacture the pesticide. pesticides.

(2 ) Upon receipt of 2rl application duly made under subsection ( l ) and in accordance with the rules, the Board may, on payment of the prescribed fee, issue to the applicant a licence in the prescribed form subject to such conditions as the Board thinks fit to impose, if the Board is satisfied thnt-

(a) the pesticide to which the application relates is for the time being registered under this Act on the application of the applicant;

(b ) the applicant is technically competent to manu- facture the pesticide; and

(C) the applicant is aware of the toxicity of the pesticide and of the risks involved in the use and handling thereof, and is equipped with egectice means of minimizing or avoiding them.

(3) A licence under this section shall be valid for three years from the date of its issue but may be renewed at the end of every three-year period on p:~yment of the prescribed fee.

16. For the purposes c,, this Act, thc Minister may by notifi- hi;$ cation in the Gnzette arj)orrli hi;+. rrumber of officers 'if ZXIJ +ticidrq Ilepartment of Agri=iilture as he considers necessa~y, to be :;:$B Pesticides 1,icez;ing OlXcers for specified areas.

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[Pt. IV, S. 17-18]

Licence to sell or store pesticides

Revocation and suspenrion of licence.

17. (1 ) A person desiring to sell or store for sale a pesticide may, in the prescribed manner, apply for a licence for that purpose to the Pesticides Licensing Officer for the area in \vhicli he resides or, in the case of a body corporate or firm, in which the body corporate or firm has its place or principal place of business.

(2; Crpon receipt of an application duly made under sub- section (1) and in accordance with the rules, the Pesticides Licensing Officer may. on payment of the prescribed fee, issue to the applicant a licence in the prescribed form subject to such conditions as the Pesticides Licensing Officer thinks fit to impose, if he is satisfied that-

(0) the pesticide to which the application relates is for the time being registered under this Act; and

( b ) the applicant is aware of the toxicity of the pesticide and of the risks involved in the use and handling thereof.

( 5 ) A licence under this section- (a) shall not authorize the sale or storage for sale of a

pesticide at more than one premises; ( b ) shall specify the premises at which the sale or

storage for sale of the pesticide is authorized; (c ) may authorize both the sale and storage for sale

of one or more pesticides at the specified premises; and

(dJ shall he valid for one year from the date of its issue but may be renewed from year to year on payment of the prescribed fee.

18. (1) If the Board. in the case of a licence to manufacture, or the proper Pesticides Licensing Officer, in the case of a licence to sell or store for sale, is satisfied that-

(a) the application on which the licence has been granted under section 15 or 17, as the case may be, contains a misrepresentation as to a material fact; or

( b ) the holder of the licence has failed to comply with any of the conditions subject to \vhich it was issued or has contravened any of Ihe provisions of this Act or the rules o- regulations,

the Board or Pesticides 1-icenslng iifficer, as the case lilay be, may, without prejudice to any prosecution that may be brought under !:,is Act or the rules or regulations, but

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[Pt. 1V-V S. 18-21 1

PESTICIDES 19

subject to subsection (2), revoke the licence, suspend it for such period as the Board or Pesticides Licensing Officer, as the case may be, thinks fit, or refuse to renew it.

(2) Before acting under subsection ( l ) , the Board or Pesticides Licensing Officer, as the case Inay be, shall give the holder of the licence concerned an opport~ltlity to show cause against so acting.

19. If an applicant for a licence or a holder of a licence, as Appeal the care may ire, is dissatisfied with the refusal of the Board or Pesticides Licensing Officer to grant or renew a licence under section 15 or 17, or the decision of the Board or Pesticides Licensing Officer to revoke, suspend, or refuse to Officer. rencw his licence under section 18, he may appeal to the Minister whose decision shall be final and shall not be called into question in any court.

20. (1) No person shall manufacture, sell, or store for sale rnences a pesticide unless he is licensed to do so under this Act or ~ ~ ~ ~ g t o otherwise than in acrordance with the conditions of a licence facturc. to do so issued to hnn under this Act. sale. and

storace for sale. (2) No person shall sell or store for sale a pesticide other

than at the p-reniises specified in a licence issued to him under section 17.

(3) No person. whether or not he is licensed under this Act, shall sell or store for sale a pesticide that is not for the time being registered under this Act.

(4) A person who contravenes any of the provisions of this section colnrnits an offence and is liable, on a first conviction. to imprisonment for one year or to a fine of five thousand dollars and, on a second or subsequent conviction. to imprisonn~erit for three years or to a fine of ten thousarid dollars or to both.

CONTROL OF PRESENCE OF PESTICIDES IN FOOD

21. (1) The Miniater may, aftvr cansulting the Board and Rcgulationr the Minister respocs~bie 1 0 1 health services. makc; regulations to prohibit- petticides

in food. !G; the addition to or the use or presence in food or any

specified kind thereof; or

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E l l r j ,

inspection and seizure.

Power to demand. select and take samples.

Right to analysis of food.

(6) the treatment of food or any spccified kind thereof.

of or with any specified pesticide or more than the specified quantity. proportion, strength, or concentration thereof.

(2) Regulations made ,!xier subsection (1) may provide that, unless the contrary is proved. a specified contravention of any prohibition therein shall be presumed to have been committed by a specified person or persons in respect of any specified food if there is present therein a specified pesticide or a specified quantity, proportion, strength, or concentration thereof.

22. An authorized officer may-- (0) at all reasonable times enter into and inspect any

place where he has reason to believe that there is any food intended for sale;

(b ) inspect any food, wherever found, that he has reason to believe to be intended for sale;

(C) seize. detain, or remove any such food that is or appears or is believed to be contaminated food. and may mark. seal, or otherwise secure the food in order to effect selzure, detention, or removal thereof.

23. ( 1 ) On payment or tender to a person selling any food, or to his agent or servant. of the current market value thereof, if demanded. an authorized officer may at any place de~lliind, select, arid takc or obtain san~ples of the food for the purpose of analysis to determine whether the food is contaminated food.

(2) If any food is kept for retail sale in an unopened package. the authorized officer shall not denland or take less than the whole of the contents of the package.

(3) A person who refuses or neglects to comply with a demand made by an authorized officer in pursuance of this section commits an offence.

24. ( 1 ) A person who has bought any food shall, on payment of the prescribed fee, be pntitled to have a sample of the food annlysed by an Analy~t in nrdcr to determine whetlier the food is contaminated iood, and to receive from him a certificate of ;~n;ilysi*.

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[Pt. V, S. 24-27]

PESTICIDES 2 1

(2) A person, other than the seller of the food, may, on payment of the prescribed fee and the cost of the sample, require an authorized officer to purchase a sample of any food and submit it for analysis by an Analyst in order to determine whether the food is contaminated food.

25. A person who sells any contaminated food commits an :!;;;:;:- offence. taminatcd

food. 26. In a prosecution for an offence under section 25 it shall Ignorance be no defence that the accused did not know that the food f!;r,",;ion in qr~estion was contaminated food unless he also proves nota that he had taken all reasonable steps to ascertain that the food was not contaminated food.

27. (1) Subject to subsections (2) and (3), it shall be a Defenceof reliance on defence in a prosecution for an offence under section 25 ,itten

that- warranty or ztatc- fa) the accused purchased the food sold by him in m,t.

reliance on a written warranty or other written statement as to the nature of the food, given o r made by or on behalf of thc person from whom he purchased it; and

(6 ) the accused had no reason to believe that the food sold did not conform to such warranty or statement; and

(c) if the food had conformed to such warranty or statement, it would not have been contaminated food.

(2) No such warranty o r statement given or made by a person resident outside Malaysia shall be a defence under subsection ( 1 ) unless the accused proves that he had taken reasonable steps to ascertain, and did in fact believe in, the truth of the matters set forth in the warranty or statement.

(3) No such warranty or statement shall be a defence under subsection ( l ) unless the accused has. within ten days after service of the summons on him-

(a) delivered to the prosecutor a copy )f the warranty or statement and a wiltten notice stating that he intends to rely ther-eon p:td sp,i?isg the name and address of the persor who gave or made it; and

(h) sent by registc~ed post to the person a like notice of his intention.

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[Pt V-VI, S. 27-28)

(4) If the accused is a servant or agent of the person who purchased the food in reliance on such warranty or state- ment, he shall be entitled to the benefit of subsection (1) in the same manner and to the same extent as his employer or principal would have been if he had been the accused. if the accused further proves that he had no reason to believe that the food did not conform to the warranty or statement.

( 5 ) A person who, in respect of any food sold by him as principal or agent, gives or makes to the purchaser a false written warranty or other written statement as to the nature of the food commits an offence and is liable, on a first conviction. to a fine of ten thousand dollars and. on a second or subsequent conviction. to a fine of twenty thousnnd dollars. unless he proves that when he gave o r made the warranty or statement he had reason to believe that the matters contained therein were true.

PART V1 DEATH AND INJURY OCCASIONED BY PESTlClDES

Reporting 28. (1) Whenever an accident that occasions loss of human of accident. death and life or personal injury occurs as a result of the fumigation, personal spraying, or any other mode of treatment of plants, injury. premises, or articles, including ships and vehicles, with a

pesticide, the person by whom, o r by whose servant or agent, the fumigation. spraying, or treatment was carried out shall forthwith send o r cause to be sent to the Minister notice of the accident and of the loss of human life or personal injury.

(2) Whenever an accident that occasions loss of human life or personal injury is suffered by an employee as a result of the handling, use, or presence of or contact with o r exposure to a pesticide in the course of his employment. his employer shall forthwith send or cause to be sent to the Minister notice of the accident ~ n d of the loss of human life or personal injury.

(3) Whenever a registered medical ~ractit ioner finds o r has reason to believe that a Derson hbs died or suffered personal injury as a result c; the nand~tng, use, or preser:ce of o r contact with o r exc,osure to a pesticide, the registered medical practition~r siiall forthwith send or cause to be sent to the Minister notice of the death o r personal injury.

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[Pt. VI, S. 28-29]

PESTICIDES 23

(4) This section shall not apply to accidents occasioning loss of human life or personal injury of which notice is required by the Hydrogen Cyanide (Fumigation) Ordinance, 221fl. 1953 to be given to the proper Minister thereunder.

( 5 ) A person who fails to comply with any of the provisions of this section commits an offence and is liable to a fine of one thousand dollars.

29. (1) The Minister may direct an inquiry to be made by i;ra~~ such person or persons as he may appoint into the cause investiga- of an accident, death. or personal injury of which notice $'$ifnt. is required by section 28 to be siven to him and. if it appears deathand to him, either before or after the commencement of the !$ga1 inquiry, that a more formal investigation of the accident, death, o r personal injury and of the causes and circum- stances thereof is expedient, he may direct a formal investigation to be held.

(2) The following provisions shall apply to inquiries and investigations made or held under this section:

(a) the Minister may appoint anv person o r persons possessing legal or special knowledge to assist in holding a formal investigation, or direct a Magis- trate or any other person or persons to hold such an investigation with the assistance of any named assessor o r assessors;

( h ) the persons holding a formal investigation, who hereafter in this section are referred to as the tribunal. shall hold it in open court in such manner and under such conditions as they think most effectual for ascertaining the causes and circum- stances of the accident, death, or personal injury, and for enabling them to make the report required by paragraph ( f ) ;

(C) the tribunal shall, for the pllrpose of the investi- gation, have all the powers of a Magistrate when exercising jurisdiction in criminal cases and. in addition, the power-

( i ) to enter and inspect any place or building the entry or i c ~ y t i o n tvrhereof appears tn !hem requisi!~;

(ii) h;. summons under their hands, to require the attendance of all such persons as they think fit to call before them and examine. and to

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(Pt. V1, S. 291

24

require to be furnished to them answers o r returns to such inquiries as they think fit to make;

(iii) to require the production of all books, papers, and docunlents that they consider Important;

(iv) to administer oaths and to require any person examined to make and sign a declaration of the truth of the statements made by him in his examination;

(4 persons attending as witnesses before the tribunal shall be allowed such expenses as would be allowed to witnesses attending before the High Court in criminal cases, aqd in case of dispute as to the amount to be allowed, the dispute shall be referred by the tribunal to any Registrar of the High Court who shall ascertain and certify the proper amount of the expenses:

( e ) if a person, without reasonable cause, proof of which shall lie on him. fails, after having had the expenses, if any, to which he is entitled tendered to him. to comply with a summons or requisition of the tribunal issued or made under paragraph (c), or prevents or impedes the tribunal in the execution of their duty, he commits an offence and is liable to a fine of five hundred dollars, or, in the case of a failure to comply with a requisition for the furnish- ing of answers or returns or the production of any book. paper, or document, to a further fine of one hundred dollars for every day on which the failure occurs o r continues;

(1) the person or persons appointed to make an inquiry, and the tribunal holding an investigation, under t!iis section shall make a report to the Minister stating the causes of the accident, death, o r personal injury and all the circumstances attending it, and containing such observations ,hereon or on the evidence or any mlrtter arising out of the inquirv or investigation as h;: or they tnlnk right to incl1*3e in the report, a~ the Minister shall cause every such repot! :o be published in such manner as he thinks expedient.

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(Pt. VI, S. 29-30]

PESTICIDES 25

(3) All persons appointed under this section to make an inquiry or to hold or assist in holding a formal investigation, including assessors. shali be deemed to be public servants within the meaning of the Penal Code applicable. F.M.S.

Cap. 45. Sabah 3 /59 . Sarowak cap. 57.

30. ( l ) An appropriate Magistrate shall hold, under the relevant law. an inquiry or inquest in every case of death casesof that may have been occasioned by a pesticide or in which ~ ~ ~ i i F n c d a pesticide may have teen involved. unless the case is one hy

in which, under the relevant law, it is not necessary to hold, pcSticidCS. or the Magistrate is enjoined not to hold, an inquiry or inquest, as the case may be, by reason that criminal pro- ceedings have been. or are about to be, instituted or commenced against any person for having caused the death.

(2) The Magistrate shall. at least seven days before holding the inquiry or inquest. send to the Minister notice in writing of the time and place of holding the inquiry or inquest.

(3) If, in the course of any inquiry or inquest, it appears to the Magistrate holding the inquiry or inquest that the death that is the subject-matter thereof may have been occasioned by a pesticide or was one in which a pesticide may have been involved. he shall, unless-

(a) the notice required by subsection (2) had been sent; or

( b ) a representative of the Minister is present at the inquiry or inquest,

adjourn the inquiry or inquest, but before doing so he may take evidence to identify the body.

(4) The Magistrate shall, at least seven days before holding the adjourned inquiry or inquest, send to the Minister notice in writing of the time and place of holding the adjourned inquiry or inquest.

(5) A representative of the Minister appearing at an inquiry or inquest referred to in this section may, subject to the order of the Magistrate oil points of law, examine any witness.

(6) A copy of the notes of evidence and findings made in every huch inquiry or inquest shall be furnished to the Minister without fee.

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F.M.S. Cap. 6 . S.S. C a p . 21. Sabah 6 /59 . Sarawak Cap. 48.

Entry. search and qeizure.

(7) This section shall apply notwithstanding anything inconsistent therewith in the relevant law but shall otherwise be read and construed as one with the relevant law.

(8) This section shall not apply to cases of loss of human life occasioned by accident of ~vhich notice is required by the Hydrogen Cyanide (Fumigation) Ordinance, 1953 to be given to the proper Minister thereunder.

(9) In this section- "appropriate hlagistrate" means the Magistrate to whom,

under the relevant law, is forwarded by the olficer in charge of a police district or a police station, the report of an investigation into the cause of a death;

"relevant law" means the Criminal Procedure Code of the Federated Malay States or the Straits Settlements or the Inquest Ordinance of Sabah or Sarawak, as the case may be.

PART V11 ENFORCEMENT

31. An authorized officer may at all reasonable times enter into any place where a pesticide is or may reasonably be supposed to be kept or stored and, by himself or by some other person accompanying him and acting under his instructions and in his presence, may search the place and may-

(0) examine and. on payment of the current market value thereof, if demanded, take samples of any substance found in the place and reasonably believed to be or to contain a pesticide;

( h ) require the production of, inspect, make copies of, or take extracts from, any book or record relating or reasonably believed to relate to any dealing in or with pesticides and kept or found in the place and may, if he has rearon to believe that it may furnish evidence of the commission of an offence against this .rct or the ru:es or regulations. seize it:

(C) seize. detain. or remove any substance ful:nd therein that is ~casonably believed to be or to contain a pes:kide in respect of which an offence against this Act or the rules or regulations is being or has been

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[Pt VII. S. 31-33]

comnlitted. and mark. seal. or otherwise secure the substance in order to effect seizure. detention. or removal thereof.

32. rl) if an wthorized oflicer has reasoilable suspicion Powerto \tcp and that a conveyance is carrying a pesticide in contravention of ,,,.

this Act or the rules or re~ulations or in respect of which \ e~anccr .

an oifence against this Act or the rules or regulations is being or hiis been committed. he may stop and examine the conve>ance and seize ally pesticide found therein in respect of which the contravention or otfence is suspected to be or to have been committed and any book or document that is reasonahlv believed to furn i~h evidence of the contraventian or of the commission of the offence.

(2) The person in control or in charge of the conveyance shall. if required to d o so by the authorized officer-

(a) stop the conveyance and allow the authorized officer to examine it: and

(hi open all parts of the conveyance for examination and take all measures to enable o r facilitate the carrying out of such examination as the authorized oficer considers neccssary,

and if he fails to do so he comn~its an offence.

33. (1) An authorized oflicer must. if not in uniform. on ldtntifica- tion of demand declare his office and produce to the person agsinst .E,

whom he is acting- when taking action.

(a) in the case of a police officer, his certificate of appointment;

( h ) in the case of an olficcr of the Customs Depart- ment. such authority or identity card o r certificate of appointment as he is required or authorized to carry by or under any written law governing him in his official capacity;

( c ) in any other cilse, the prescrib2d certificate of identity.

(2) A person may refuse to c o ~ i i ~ l v with a request. requisi- tion, dernand. or order made ky an nutnorrzed officer actin; o r purporting to act under this Act if he is not in uniform and refuses. on dewziiri trv the person. to declare his ofice and produce his certificate of appointment. authoritv or identity card. or certificate of identity. as the case may he.

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[Pt. v111, S. 34-37]

28

PART V111 ANALYSIS

Appcint- ment of Analysts.

hlanner of taking samples.

Court mny order analysis.

Rieht to analysis of pesticide.

34. For the purposes of this Act the Minister may by notification in the Gazcrre appoint such number of com- petent persons as he considers necessary, to be Analysts.

35. (1) An authorized officer shall. before or forthwith after taking or obtaining a sample of any substance under this Act for analysis, inform the seller or his agent or servant or the person apparently having possession, custody, or control of the lot from which the sample is to be or was taken or obtained that he intends to have the sample analysed by an Analyst.

(2) The authorized officer shall thereupon divide the sample into three approximately equal parts and shall mark and seal or fasten. in such manner as its nature will permit, each such part and shall offer one of such parts to the seller or his agent or servant or the person apparently having possession, custody. or 1:ontrol of the lot from which the sample was taken or obtained.

(3) The authorized oficer shall subsequently deliver, either personally or by registered post, another of such parts to an Analyst. and shall retain the third of such parts for future comparison or use.

(4) If the substance is in packages of small volume, the requirements of this section shall be deemed to be complied with if the authorized officer takes or obtains three unopened packages of the substance and deals with them as if they were the three parts into which the sample is required to be divided.

36. If a sample has heen dealt with in accordance with section 35, the court hefore which il person is prosec~lted for an offence against this Act or the rules or regulations shall. on the request of either the prosecutor or the accused, and may. if i t thinks fit. without su:h request, order that the part of the sample retained bv he authorized officer be submitted to another ',nalyst for enalysis.

37. (1) A person wko has bought a pesticide shall, on payment of the prescribed fee. be entitled to have a $ample of the pesticide analysed by an Analyst and to receivc from him a certificate of analysis.

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[Pt. VIII, S. 37-39]

PESTICIDES 29

(2) A person, other than the seller of the pesticide. may, on payment of the prescribed fee and the cost of the sample, require an authorized oficer to purchase a sample of any pesticide and submit it for analysis by an Analyst.

38. (1) The certificc .e of analysis of an Analyst shall be in certificate the prescribed form. of Analyst.

(2) If a method of analysis has been prescribed by regula- tions made under this Act for the analysis of any food or pesticide. an Analyst. whether for the prosecution or for the defence, shall follow. and shall in his certificate declare that he has followed, the prescribed method in his analysis.

(3) A copy of the certificate of analysis of a sample of any food or pesticide taken or obtained by an authorized officer may, on payment of the prescribed fee, be obtained from the appropriate Analyst by the seller of the food or pesticide or his azent or servant, or by the person having possession, custody, or control of the lot from which the sample was taken or obtained.

39. (1) A certificate of analysis purporting to be under the certificate hand of an Analyst and complying with section 38 (2) shall, on production thereof by the prosecutor, be sufficient primafacit evidence of the facts stated therein unless the accused requires that the Analyst be called as a witness, in which case he shall give notice thereof to the prosecutor not less than ten clear days before the day fixed for the hearing of the case.

( 2 ) In like manner such a certificate of analysis shall, on production thereof by the accused, be sufficient evidence of the facts stated therein unless the prosecutor requires that the Analyst be called as a witness, in which case he shall give notice thereof to the accused not less tlian ten clear 8avs before the day fixed for the hearing of the case.

(3) If the accused intends to put in evidence a certificate of analysis of an Analyct, he shall ~2nd to the prosecutor a certified copy of the certificate at leant fourteen clear davs before the day fixed fo: the nearing of the cese. atlii if it has not been so sent the court may adjourn the hearing on such terms a9 i: ininks proper.

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30 Acr 149

Recovery of fees and other expences.

40. (1) Where a person is convicted of an offence against this Act or the rules or regulations, the court may order that all fees and other expenses incurred in respect of the analysis cf any food or pesticide in respect of which the conviction is obtair.ed. including an analysis made pursuant to section 36, be paid by the person.

(2) All such fees and expenses shall be recoverable in the same manner as a tine is recoverable.

PART IX PROCEEDINGS

Noticeof 41. If the seizure, detention, or removal of any s~bstance ; under this Act is made in the absence of a person having or or removal. apparently having lawiul possession, custody, or control of

the substance, the authorized officer making or effecting the seizure, detention, or removal shall forthwith give notice thereof in writing to the owner or to the agent of the owner, or to the consignor or consignee, of the substance, if his name and address are attac::ed thereto or, after reasonable inquiries or otherwise. are known to the authorized officer, and the address is in Malaysia.

Complaints as,to E.eIZUre. detention cr r:mo\al.

42. (1) A person claiming any substance seized, detained, or removed under this Act may, at any time, but not later than forty-eight hours. after its seizure, detention, or removal or, if notice under section 41 has been given to any person, after receipt of the notice by the person, complain thereof to a Magistrate who shall hear and determine the complaint and who map confirm or disallow the seizure, detention, or removal wholly or in part or order the suhstance to be restored to the person who appears to the Magistrate to be entitled to possession thereof.

(2) The Magistrate shall not disallow the seizure, deten- tion. or removal, whether wholly or in part, unless he is satisfied-

(a) that it was unlawful; or (b ) if it was lawful. that no contravention of this Act

or the rules or rrgulations hail occurred.

(?) The substance seized, detained, or removed sh?!l- (a) if no complsint is made under and in accordance

with :his section; or

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(6) if the seizure. detention, or removal is confirmed, to the extent of the confirmation.

become the property of the Government and shall be disposed of, bp destruction or otherwise, as directed by the Minister, u~less it is intended to prosecute any person in respect of the substance, in which case it shall be held to abide the restllt of the prosecution and the order of the court under section 49.

(4) Notwithstanding subsection (3)-

(a) the authorized officer who has seized, detained, or removed any substance may destroy it or cause it to he destroyed if and when he finds that it has begun to deteriorate hut shall, forthwith after the destruc- tion, prepare a written statement signed by him and setting out a description and the quantity of the substance destroyed, and the date, time, method, and reason of the destruction;

( b ) the Minister may at acy time order the restoration of the substance to any person if he thinks it just and proper to do so.

43. (1) The summons in a prosecution for an offence against summons. this Act or the rules or regulations shall not be returnable in less than twenty-one d a y from the date of service thereof.

(2) There shall be served with the summons a copy of the certificate of analysis of an Analyst, if any, intended to be introduced in evidence by the prosecution.

44. No prosecution for an offence against this Act or the Timrbsr to prosc- rules or regulations in respect of any substance that has ,,,,,,.

been purchased, taken. or obtained from a person under this Act for the purpose of analysis shall he instituted after the expiration of sixty days from the time of purchasing, taking, or obtaining the substance.

45. For the purpose of a prosecution for an offence against E;;T~ this Act or the rules or regulations in rxpect of a pesticide imponer found in an unopened pprkngc, t5; person who appe2i. ;;*;;,U: from the label of the r~sticide to have imported or manu- factured it shall. zi~iess he proves the contrary, be deemed to have imported or manufactured it.

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[Pt. IS, S. 46-493

Liability of agent, servant, principal and employer.

Linbility of directors and other officer* of bodies corporale.

Offence ac to s:irnple deemed offence ar to the whole lot.

Forfeiture of offending suhstnnces.

46. ( 1 ) If a person does an act that constitutes an offence against this Act or the rules or regulations, he shall be liable for the act whether he does it on his own account or as an agent or servant of another person.

(2) If the act is done by an agent or servant, his principal or elnployer shall be liable for the act as if he had done it himself, unless he proves that it was done neither with his consent nor with his connivance and that it was not attri- butable to any neglect on his part.

47. (1) If an offence against this Act or the rules or regu- lations that has been committed by a body corporate is proved to have been committed with the consent or conni- vance, or to have been attributable to any neglect on the part, of a director, manaser. secretary, or other similar officer of the body corporate, or a person purporting to act in any such capacity, the director, manager, secretary, officer, or person. as the case may be, shall be deemed to have also committed that offence, and both he and the body corporate are liable to be proceeded against and punished therefor.

(2) For the purpose of subsection ( l ) , the director of a body corporate that is established by or under any law and whose affairs are mana9ed by its members, includes a member of the body corporate.

48. If, in a prosecution for an offence against this Act or the rules or regulations, the offence is proved with regard to a sample of any substance, the offence shall be deemed to have been proved with regard to the whole lot from which the sample was taken or obtained or to all of the substance bought, taken, or obtained at the same time as the sample.

49. (1 ) The court before which a person is prosecuted for an offence against this Act or the rules or regulations relating to any substance shall-

(a) upon conviction of the gerson for the offence; or (6) if it is satisfied that the offence has been committed,

notwithsta-fling that n-, person has been convicted thereof,

order that the ssbstance and any similar substance found in the prervri~es of tlie accused or in his pos~ession a t the

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[Pt. IX-X, S. 49-53]

time of the commission of the offence, together with all packages and vessels thereof, be forfeited and be disposed of at the direction of the Minister.

(2) In any other case, the court shall order the restora- tion of the ~uhstance to the person who appears to the court to be entitled to possession thereof.

50. Notwithstanding anything to the contrary contained in Juri~dic any other written law, ;l Sessions Court in West Malaysia don.

or a Court of a Magistrate of the First Class in East Malaysia shall have j&isdiction to try any offence against this Act or the rules or regulations and to impose the full pcnalty provided therefor.

51. No prosecutor or wittiess in a prosecution for an offence Privilege against this Act or the rules or regulations shall be corn- ~ ~ O , u , .

pelled to disclose the fsct that he received any information or the nature of the information or the name of the person who gave the infornution or to prodr~ce any confidential report or document made or rcceived by him in his official capacity or to make any statement in relation thereto.

52, A notification of the name and occupation of a person Notifia- tion of who has been convicted of an offence against this Act or , ,nvi~ion.

the rules or reg~llations and of the address or addresses of his place or place$ of business, the nature of the offence, the penalty imposed and any order made shall, if the court so orders. be published in anv newspaper circulating in Malaysia or in any part thereof.

GENERAL

53. A perqon who, in making an application under this Givinror making Act other than an application for a licenze to sell or store I,,,,

a pesticide. gives an information or makcs a statement that :;:::a-

is false in any material patticular. unless he prove< that strtemcnL

he did not know and had fro reason to suspect that the information or statement w n s tatse and had taken reasonable steps to asccrtr,in the truth thereof. commits an offence and is liable :r, impriwnment for one year or to a fine of five thorrqand dollars or to both.

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(Pt. X, S. S4-971

Intcrfer- 54. A person who without authority opens, alters, breaks, $ ' removes. or erases any mark, fastening, or seal placed by marks. an authorized officer in pursuance of the provisions of this

Act upon any substance or upon any package, place, door, or opening containing or affording access to the substance commits an otrence.

Secrecy. 55. Except for the purposes of this Act or of an investiga- tion into or prosecution for an offence against this Act or the rules or regulations, no person shall disclose any infor- mation that he has obtained in the course of his duties under this Act and if he does so he commits an offence.

General penalty.

56. A person who con?tni!s an offence against this Act or the rules or regulations, for which no other penalty is specifically provided thereby, is liable, on a first conviction, to imprisonment for six months or to a fine of one thousand cjollars and, on a second or subsequent conviction, to imprisonment for one year or to a fine of two thousand dollars or to both.

Rulesand 57. (1) The Minister may. after consulting the Board, make rules or regulations to carry out the purposes of this Act and to give effect to the provisions thereof and in particular, but without prejudice to the generality c?f the foregoing power, such rules or regulations may-

(a) prescribe the procedure to be followed and the forms to he used in making applications under this Act and the fees payable therefor;

( b ) provide generally for matters connected with regis- tration. licensing, and the issue of permits;

(C) prescribe the procedure for appeals and showing cause under this Act;

(d) prescribe the nianner of testing and analysing salnples of any food or pesticide;

(e) prescribe the measures to he takes and the practice to he followed or avoided by tnanufacturers and enlployers for the pr ,tection, safety, and well-being of their workers en~.::~eL i:! !ks manufacture cr handling of pesticicks, including-

(i) the ~rsvlsion of protective clothing, equip- ment. and facilities for the workers:

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PESTICIDES 3 5

(ii) the provision of facilities for medical examina- tion of the workers;

(iii) the proi~ision of facilities for ensuring first aid treatment of the workers;

(iv) the giving to the workers of instruction and training in the manufacture or in any process in the manufacture of, and in handling, pesticides; and

(V) the nieawres to be taken in cases of poisoning through the use or handling of pesticides by the workers;

(/) prescribe the requirements to be fulfil!ed in trans- porting pesticides in bulk;

(g) prescribe the manner of storing or keeping pesticides; ( h ) prescribe the manner of labelling and packing

pesticides. the matters to be displayed on labels of pesticides, and the persons liable for breaches in respect of labelliti_g and packing;

(i) provide for the dyeing or colouring of certain pesticides;

( j ) regulate the manner of using certain pesticides and the precautions to be taken in respect thereof;

( k ) with a view to protecting pcrsons from danger in connexion with the fumigation, spraying, or any other mode of treatment of premises and articles, including ships and vehicles, and fumigation, spraying, or treatment for agicultural purposes, with a pesticide-

( i ) generally regulate the fumigation, spraying, or treatment;

( i i ) regulatc the msnncr irr which the pesticide is to he generated or applied and require the admixture therewith of any substance;

( i i i ) prohibit the carrying out of fumigation, sprayin3, or treatment except by or under the supervision of pcrsons having such training or experience and by such number of persons as niay he snccified;

(iv) prohihit the carrying out of furiipation, spr:lv, inn, or treatment except by persons ilcensed to carry it out;

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(V) regulate the issue, suspension, or cancellation 01 licences for the carrying out of fumigation, spraying, or treatment and the terms and conditions subject to which they may be issued and the fees to be charged therefor;

(v;) regulate the disposal of the residues of any substance *.I ,ed in the fumigation, spraying, or treatment;

(vii) impose te~nporary restrictions upon the use of any premises. article, ship, or vehicle, and require such tests as may be specified to be carried out after fumigation, spraying, or treatment;

(1) regulate the advertising of pesticides; (m) provide for the control of pesticides imported under

a permit under section 14; ( 1 1 ) regulate the conduct of the duties of Pesticides

Licensing Officers, Analysts, and authorized officers under this Act;

(01 prescribe the fees payable under this Act; and ( p ) prescribe anything that may be prescribed under

this Act. (2) If a standard specilication in respect of a pesticide has

76 166. been declared under section 18 of the Standards Act, 1966, the Board. in making rules or regulations under subsection (1) prescribing tlie label or package of the pesticide. shall, in addition to other matters. take into consirleration the relevant requirements of the standard specification and the need or otherwise of adopting any or all of those requirements.

(3) Rules and regulations made under subsection ( 1 ) may provide for presumptions. which shall Fe rebuttable. to facilitate the proof of acts or omisqions that constitute an offence thereunder.

(4) If in any proceedinrs or prosecut'on under this Act cr the rules or regulations or in the administration thereof a question or dispute arises as to !he correctness or acccptabilitv of tlie result of a test or analysis of any

m . substance or n sample tl~erer,l, i i s - -an-.*' .,.,*~t ohtained from a test or analysis conducter! In the manner prescribed unacr parazraph (4 of sub~cction ( l ) shall be taken and accepted to be the correct result.

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[Pt. X-XI, S. 5 M )

I'FST ICIDES 37

58. The Minister mity f r c . 1 1 1 tinlc ;c; time. aftcr consultin;. Amend- m ?nt of or on the advice of, the Bua~d. by order amend the Firct and %hcd,,les.

Second Schedules.

59. The Minister may. hy order published in the Gnzgtte Exemption. and subject to such conditions as he may specify therein, exempt any person from any provision of this Act or the n ~ l e s or regulations.

AMENDMENT. REPEAL. AND SAVING OF RELATED LAWS

60. (1) Subject to and except as provided by subsection (2). the Poisons Ordinance, 1952 of the States of Malaya shall rub,tanccs cease to apply to the subst;~nces listed in Part I of the Third Schedule to this Act arid accordingly the Ordinance is amended by-

(a) deleting froill the Poisons List set out in the First Schedule thereto all entries relating to those su hstances; and

(hr deleting from the Appendix to the said Poisons List the entries listed in Part 11 of the Third Schedule to this Act.

(2) Notwithstanding subsection ( 1 ) and the other provisions of this Act-

(a) a person who. by virtue of a licence issued, under the Ordinance or the regulations made thereunder, before the coming into operation of this section, would. hut for this Act. be entitled to do any act or thing in relation to a suhstancc listec! in Part I of the Third Schedule to this Act may. during the period for which the licence is valid, continue to do that act or thin? suhject to the terms or conditions of the licence and shall. in doing or in relntion to the doing , of that act or thing. continue to he governed by the Ordinance and t l ~ c regulntions made thereunder;

( h ) if the appropriate licensing autliority under the Ordinance or the ryulations r.iade thereunder considers, after corisultiry the Bmrd, that it is necessary to do so ;:I order that the business c:. activities of a pcrson referred to in paragraph (01

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IPt. XI, S. 601

38

may not be utlduly jeopardized by any delay in fully implemetitincg this Act, the licensing authority may, upon the expiry of ~l!e current licence of the person, from time to time issue to hi111 another such licence under. in accordance with. and subject to the Ordi- nance and the regulations made thereunder as if they continue to apply to the substance concerned in the licence, and paragraph (a) shall apply nlrrrntis nlutartdi~ to the person;

(C) a person who would, but Tor this Act, be entitled to do an act or thing by virtue of section 4 (3) or 15 of the Ordinance shall continue to be so entitled in relation to a substance listed in Part I of the Third Schedule to this Act and shall, in doing or in relation to the doing of that act o r thing, continue to be governed by the Ordinance and the regulations made thereunder;

( ( I ) a person who would. but for this Act, be entitled, by virtue of paragraph (a). (h) , or ((9 of section 9 (1) of the Ordinance. !o diqpense. compound, or mix any of the suhstances listed in Part I of the Third Sche- dule to this Act with any other substance for the purpose of its being used for medical treatment shall continue to be so entitled and, in doing or in relation to the doing of the said acts, shall continue to be governed by the Ordinance and the regulations made tllercunder:

(C) regulations made under the Ordinance relating to the possession, containers. packaging, labelling, o r , storing of poisons generally or of particular poisons and applicable, immediately before the coming into operation of this section. to the substance3 listed in Part I of the Third Schedule to this Act or to anv one or more of them shall, notwithstanding and t o the exclusion of the rules and regulations made under this Act, continue to be so applicable and to h&: enforceable under the Ordinarice until those fi rst-mentioned regulations are amended expressly i~ order t o remove those suhstances f : . ~ m the operation thereof, upon the happenine of is;;iic;, ;;zr,; the rules and re-.ulntions made untlet this Act relating to those matters shall apply nr ne made to apply. as the case may be, to t t ~ ~ s e substances.

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[Pt. X1, S. 61621

61. ( 1 ) This section shall apply in relation to a substance Controlin the States that is both a poison as defined in the Poisons Ordinance, Malaya

1952 of the States of Malaya and a pesticide as defined in ofsub- this Act. stances that

are both polrons and (2) A person who does an act or thing in relation to that peqticidcr.

substance, which act or thing is authorized by or under the F-M.29152- Ordinance or the re_eulations made thereunder or would not. but for this Act. constitute an offence by virtue of a licence, authorization, exemption, or exception under, or any provision of. the Ordinance or the regulations made thercundcr, shall not bc liable to be prosecuted under this Act or the rules or regulations for doing that act or thing.

(3) A person who does an act or thing in relation to thct substance, which act or thing is authorized by or under this Act or the rules or regulations or would not, but for the Ordinance, constitute an offence by virtue of a registration. licence, permit, authorimtion, exemption, or exception under. or any provision of. this Act or the rules or regula- tions. shall not be liable to be prosecuted under the Ordinance or the regulations maCe thereunder for doing that act or thing.

62. (1) Subject to and except as provided by subsection (21, ,":g;$: the Poisons and Deleterious Drugs Ordinance of the State ~ ~ h t ~ n c e ~ of Sah'lh shall cease to apply to the substances listed in t ; ~ ~ Part 111 of the Third Schedule to this Act and accordingly c,, 100. the Ordinance is amended by deleting from the First Schedule thereto all entries relating to those substances.

(2) The Ordinance is further amended by deleting the words "Substances for use in agriculture and horticulture" nppearing against the entrv "Metanitrophenol: orthonitro- phenol; and paranitrophenol" added to the First Schedule thereto by State of Sabah Gnzerrr No. S 33 of 1969.

(3) Notwithstanding subsection (1) and the other provi- sions of this Act-

(a) a person who, by virtue of a licerce issued under the Ordinance bcfore the coming into operation of this section. would. hut for this Act, he entitled to do any act or thing in rel~tion to a subqtance listed in Part 111 of the 'Third Schedule to this Act mav during the pcriocl ior which the licence is v:tlid. continue to 2s r n n t act or thing suhiect to the terms. conditions. or limitations of the licence and shall.

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[Pt. XI, S. 62431

Control in the Stnte of Snhah of suhntrnm that a n both poisonr and peqticides. Sabah Cap. 100.

in doing or in relation to the doing of that act or thing, continue to be governed by the Ordinance;

(b) if the appropriate !icensing authority under the Ordinance considers, after consulting the Board, that it is necessary to do so in order that the business or activities of a person referred to in paragraph (a) may not be unduly jeopardized by any delay in fully implementing this Act, the licensing authority may, upon the expiry of the current licence of the person, from time to time issue to him another such licence under, in accordance with, and subject to the Ordinance as if i t continues to app:y to the substance concerned in the licence. and paragraph (a) shall apply mutati.~ ntzrrurrdis to the person;

(C) a person who u t~uld , but for this Act, be authorized, by virtue of section 5 of the Ordinance, to import, possess, and use poisons shall continue to be so authorized and. in doing or in relation to the doing of the said acts. shall continue to be governed by the Ordinance and t5e regulations made thereunder:

(d) the provisions of section 8 of the Ordinance shall, notwithstanding and to the exclusion of the rules and regulations made under this Act. continue to apply where appropriate to the substances listed in Part 111 of the Third Schedule to this Act in relation to the manner of containin9, securing. distinguishing. labelling. or storing them when they are in the possession of a person or under his control. or in keeping, selling. dispensing. or delivering them. and to be enforceable under the Ordinance, until the Minister orders otherwise bv notification in the Federal Gnzcrle, upon the happening of which event the rules and regulations made under this Act relating to thoce matters shall anply or be made to apply, as the case may he. to those substances.

63. (1) This section shall apnlv in relation to n substance that is both a poison a(; defined in thz Poisons and Dele- terious Drugs Ordinance of the Stnte r f Sahah and a pcqti- cide as defined in this Act.

(2) A person who does at, act 0 1 ;:line in relation tn :hat substance. which act or !;line is nuthnri7ed hy or under the Ordinance or woul.! not. hut for this Act. conctit~lte an offence by virtue of a licence, authorimtion. exemption. or

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[Pt. XI, S. 63-64)

exception under, or any provision of. the Ordinance, shall not be liable to be prosecr~ted under this Act or the rules or regulations for doing that act or thing.

(3) A person who does an act or thing in relation to that substance, which act or thing is authorized by or under this Act or the rules or rrgulations or would not, but for the Ordinance, constitute an offence by virtue of a registration, licence, permit, authorization. exemption, or exception under, or any provision of. this Act or the rules or regula- tions, shall not be liable to be prosecuted under the Ordi- nance for doing that act or thing.

64. (1) Subject to and except as provided by subsection (2), :S,"* of the Poisons Ordinance of the State of Sarawak shall cease rutntanca to apply to the substances listed in Part IV of the Third Schedule to this Act and accordingly the Ordinance is cop.121. amended by deleting from the Poisons List set out in the Schedule thereto all entries shown in the said Part N.

(2) Notwithstanding subsection (1) and the other provi- sions of this Act-

((I) a person who, by virtue of a licence issued, under the Ordinance or the rules made thereunder, before the coming into operation of this section, would, but for this Act, be entitled to do any act or thing in relation to a substance listed in Part IV of the Third Schedule to this Act mav, during the period for which the licence is valid, continue to do that act or thing subject to the terms, conditions, or limita- tions of the licence and shall, in doing or in relation to the doing of that act or thing, continue to be governed by the Ordinance and the rules made thereunder;

(b) if the appropriate licensing authority under the Ordinance or the rules made thereunder considers, aftcr consultin2 thc Board, tl at it is necessarv to do so in order that the business Jr activities of a person referred to in paragraph ( L T ) may not be unduly jenpnrdized by ;tny delay in t'lllly implementinp this Act, the licensi~g aut~ro~iiv may, upon the cxp~ry of the currep: licence of the person. from time to time ic:;;t: to him another such licence under, in accordance with. and subject to the Ordinance and the rules niade thereunder as if they continue to

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pt. XI, S. d.(-651

Control in the State of Sarawak of subatanca that arc both poisons and pcsticideq. Sarawak Cap. 121.

apply to the sul3stance concerned in the licence, and paragraph (a) shall apply mrctclris mlrtundis to the perron;

(C) a person who \vould. but for this Act, be entitled to do an act or thins by virtue of section 7 of the Ordinance shall continue to be so entitled in relation to a subst;ltice listed in Part IV of the Third Schedule to this Act and sh:lll. in doing or in relation to the doins of that ,~ct or thing. continue to be governed by the 0rclin:lnce and thc rules made thereunder;

(cl) the provisions o f section 9 of the Ordinance shall. notwithstanding and to the exclusion of the rules and regul~tiotls made under this Act, continue to apply where appropriate to the substances listed in Part IV of the Third Schedule to this Act in relation to the manner of containing, securing, distinguishing, labelling. or storins them when they are in the possession of a persoli or under his control, or in keeping, selling. dispensing. or delivering them, and to be enforceable under the Ordinance, until the Minister orders othei-wise by notification in the Federal G~zetrr , upon the happening of which event the rules and regulations mad? under this Act relating to those matters shall apply or be made to apply, 3s the case may be, to those substances.

65. (1 ) This section shall ilpply in relation to a substance that is both a poison as defined in the Poisons Ordinance of the State of Sarawak and a pesticide as defined in this Act.

(2) A person who does an act or thing in relation to that substance, which act or thing is authorized by or under the 0rdin:ince or would not. but for this Act, constitute an offence try virtue of a licence. authorization, exemption, or exception under. or a n y provision of, the Ordinance, shall not be 1i:lble to be prosccuted under this Act or the rules or regulations for doing tl int act or thing.

(3) A persol1 w h o docq an act or thin: in relation to that substance, which act or thing is authoriled by or under this Act or the rules or regulations or w o ~ l d not, but for the Ordinance, cons!itute an of;nce by virt~le of a registration. licence, permit. authoriz:~tior,, av~mn!;on, or exceptit-:i unc!er. or any provision of. this Act o; the rules or reeirla- tions, shtill not bc liab!~ to be prosecuted under the Ordi- nance for doing i;~at act or thing.

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[Pt. XI, S. 66-67, 1st Sch.]

66. ( 1 ) The Poisons (Sodium Anenite) Ordinance 1949 of the States of Malaya and the Poisons (Agricultural and 15/49

Indostri;~l) Ordinance of the St:~te of Snbah are repealed. $ f a h (2) A person who does an act or thing in relation to sodium Cap. 99.

arsenite, which act or thing is authorized by the replations made under the Ordinance$ or would not, but for this Act, constitute an offence wliethcr by virtue of a licence, or permit under. or any provision of, the regulations. shall not be liable to be prosecuted undcr this Act or the rules or re_gulations for doing that ;K! or thing.

(3) A person who does an ; ~ c t or thing in relation to sodium arsenite which act or thins is authorized by or under this Act or the rules or re;!ilntions or would not, but for the re~ulations rnade under the Ordinances, constitute an offence by virtue of a registraiion, licence, permit, autho- rization, exemption, or exception under. or any provision of, this Act or the rules or regul:itions, shall not be liable to be prosecuted under the re~ulations made under the Ordinances for doing that act or thins.

(4) If i t is intended to revoke the regulations in their entirety or to amend them so as to affect the provisions there- of relating to the right to deal in sodium arsenite, such revocation or amendri~erit shall riot be made to have effect until at Icast one year after the publication of the rcvocation or amendment.

67. The Poisons Ordinance 1952 of the States of Malaya is g,:":; aliiended by deleting section 21 (3). FM.

29/52.

(Section 2) LIST OF PESTICIDES

E X P L A N A TlOA'

1. In the following list the conlmon name and he chemical name. or. if no common name is provided. thc clicniical narnc only, deternlinc tlic identity of a pcsticidc. The trade name is not conclus ve of the idcality of any substance but is providcd for guidance only.

2 Basically, the pesticides in the lic ' .Ire arranged :n an alphabetical ordcr of their conlmon names, hut whrrr ? ~csticide has no common name. it i s cntercd unclcr its chcn~ical tinme in tne second column and is positioncrl so that the chemical rlamc falls in alphabetical sequence with the nlplinhctical orcicr pf ~ h c conlmon names. For this purpose. numhcrs and Ic~tcrs in a chcmical nnnic that do not form a word are

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[Id Sch.]

Acr 149

disregardcd. For example. the chemical name 2-(pt-bufylphenoxy) cvclohe.rylpropynfl slrlphite is positioned in the second column af!er the common name blrtylute as if the chemical name had begun w~th brrtylphenoxy.

3. The sign (=) indicates continuity of spelling and is used where a word or name is broken up owing to limitation of space.

Common Numes

accphate . . . . Chemical Names

OS-dimethyl acetylphosphora =: midothioate

. . . . . . . . 2-propet~al -

2chlora-2'. 6'-diethyl-N: (methoxymethyl) acetanll~dc 2-mcthyl-2-(n1ethyithio) propionaldehydc 0- (methy1carbanioyl)oxime 1,2.3.4.10.10-hexachloc~l.4,4a.5,8, 8a-hexahydro-e.vo- l. 4-endo-5,8- dimethanonapthalene alkyl dimethyl bcnzylammonium chloride (f b3-allyl-2-methyl-doxocyclopent- 2tnyl ( &beis-trans<hryoanthemate NN-diallylchloroacetamide . . . . 2-propcn-1-01 . . . . . . . . 4-diallylamino-3, 5dimethylphenyl N-met hyimbarnate - 2tthylamino4-isnpropylamino-6- methylthid, 3. 5.-triazine

TruC ~VYmrs

Orthcnc

acrolein . . . . acrylonitrilc . . . . alachlor . . . . .

- Vcntos Lasso

aldicarb . . . . Temik

aldrin (HHDN) Aldrex. Aarin

Dimanin powder

Allyl-Cinerin allethrin . . . . allidochlor . . . . ally1 alcohol . . . . allyxycarb . . . .

Rsndox - Hydrol

aluminium phosphide ametrync . . . .

- Gaapax

amidithion . . . .

2-aminobutanc . . aminocarb . . . .

Tutanc hlatacil

S-2-(dicthylnmino) ethyl dicthyl phosphorothiolate

anlitrole . . . . ammonium sulphamate anilazine . . . .

Ammate, Amcide Dyrene

hlorkit . . . anthraquinonc. antu . . . . . . l-naphthylthiouren . . arsenic acid (orthoar -- senic acid

Desiccant L-10. zotox Cmh. Grags Killer

ancniour oxide. anenic trioside (white ancnic)

Asv' .*X

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P E S T I C I D E S

Co~~rna In Nutttes

atrazinc . .

Bacillus thrrrin,ziensis

barium carbonate benazolin . .

benomyl . .

bcnquinox . . bengulidc . .

bcntazon . . benthiocarh . .

benzoylproptthyl

bcnzthiamron BHC . . . . binapacryl . .

chlor&ethylamino-6-isopropyla = tnino-l. 3, 5-triazine 94.1. 4-dil!ydro-4-o.tobenzo[~l, 2, .:j-tria7in-3-ylmethyl) diethyl phos== pl~orothiolotliionate S-(3.4ail1ydr&oxobenzo[d]-[1~ 2. 3j-tria7in-3-yln1etliyl) dimethyl phos- phorothiolothionate 2-a;rido-4-1sopropylamino-6-rnethyl= thio-l. 3, 5-triazine diphenyl diimide . . . . . .

. 4-(4-~5lomphenyla70) phenyl dimethyl phosphorothionate

. . 4-chlorohut-l-ynyl N-(3chlorophenyl) crarbamate

- . . . . -1chloro-2-oxobenzothiazolin-3-

! Incetic acid '1. 2-diniethyl-l. 3-bcnzodioxol4yl N-methylcarbamate N-hutyl-N-ethyl-2, ddinitro-4- trifluoromethylaniline

. . mt :hyl N-(l-(hutylcarbamoyl)-?- hcn~rrnidazolc] carbarnate

. . 1. 4-ben7wuinone l-benzoylhydra.- zone-do~imc

. . N-2400-di-isopropylphosphoro= thiolothionyl) ethyl benzcnaul= phonamide

. . 3-isopropyl-2. 1. 3-benzothiadiazinon 44)-2. Zdioxide

. M4chlorohenlyl)-NN-diethylthiol= carbanlate

. . 2-phenyl-3. I-benzoxazinone . .

. . knzamido-oxyacetic acid . . . . N-bcnmvl-N43, 4-dich1orophenyl)- N'N'dimcthylurea

. . ethyl 2-W-knzoyl-3, Ildichloroa- nilino) propionate

. . I42-bmzothinzolyl)-3-m~lurca . . . . l. 2, 3,4. 5.6-11exachlorocyclohcxane . . 2-(1-methyl-n-propylW, 6-dinitro-

phenyl 2-niethylcrotonate 1, I -bis (4-c1~iorophenyl)-l-nitro- propane and -butane mixture hi+O<kli-(n-prosyl) phosphoro- thionic anhydrid: his (dirnethylthic carbamoylthio) nethyl an ine his (methylmenut L) sulphate . . :>IS (pntaci~;v:u-t, 4-cyclopentadien- I-yl) his (tri-n-butyltin) oxide . . . .

. . . .

T r ~ d e Names

Gesaprim, Primatol Gusathion A. Benlathion

Gusathion M, Guthion

Mesoranil

Thuricide. Trigerrn, Dipcl, Biotrol Carbyne

Ficam 80W

Quilan, Balan

Saturn

- Topcidc Benmmarc

Hexalin. BHC Acricid. Endosan. Morocide Dilan, Bulan, Prolan Aspon

Urhacid. Monzct

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[lst Sch.]

borax . . . . h>rdeaux mixturc

broniacil bromofenosim

bromopropylatc bromoxynil . . brotnoxynil octanc

hronopol hutachlor

butonatc

butopyronox) I

buturon

cacodylic acid

calciom arsenate

calcium cyanamid: calciuni cyanide wlnphcclilor . .

Cltrtnicul h'ames

sodium tetraborate dccahydrale . . mixturc of coppcr sulphate and hydrated lime 5-bromo-6-methyl-3-s-butyluracil 3, 5-dibromo-4-hydroxybcnziildchyde. 2. 4-dinitrophenyl oxime 4-bromo-2, 5-dichloroplienyl dilnethyl pliospliorotl~ionate Chrorno-2. S-dichlorophenyl diethyl phosphorothionate isopropyl 4, A '-dibrolnobenzilatc . . 3, 5-dibrom&hydroxybcnlunitrile 3, 5-dihromo-4-hydroxybcnwnitrile octanoate S-amino-4-bromo-2-phenylpyridazin- 3-one 2-bromo-2-nitropropaM, 3-diol . . 2cliloro-2'. 6'4iethyl-N-(butoxy -7

methyl) ac~tanilide dinicthq l I -hutyryloxy-2.2.2- trichloroctl~yl phosplionate 2. 2-di~iiethyl-karbobutoxy-2, 3- dihy dro4pyronone 242-~~~toxyethoxy) ethyl thiocyanate 3-(4chlorophenyl)-l-methyl-l- (I-niethylprop-2-ynyl) urea Gt-hutyl-3-isopropyli~oxazolo [ 5 . 4 4 pyri111iuin-4 (5H)-one 6-r-hutyl-3-isopropylisothiawlo ( 3 . 4 4 pyrimidin-4 (5H)-one 2-S-hutylamino-4-ethylamino-6- methoxy-S-triazine 2-1-hutylamin&thylamino-6- methoxy-.*-triazine S-ethyl-NNdi-isobutylthiolcarbamate 2-(p-r-butylphenoxy) cyclohcxyl= propynyl sulphite hutylplienoxyisoptopyl chlorocthyl sulpl~ite 2-s-butylphenyl N-methylcarbarnate hyd~.oxydimcthylarsine oxide . .

cl~lt~ririatcd camphen- containing 67-69 " , chlorine

Nexion, P:.;tenex

Acarol. Neoron Huctril. Rrominil Ruct ril

Lcthanc Cptapur

Etazine. Sumitol

Caragard

Sutan Oniite

Araniite

Cyanamid Cpanogas

Toxapl~ene

Ortliocide

Scvin Lcgurame

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I'ESTICIDES

Comtnon Nantes

carbofuran . . . .

carbon disulphide . . carbon tetracliloridc . . ~arbophenothion . .

carboxin . . . .

cartap . . . . . .

cheshunt compound . .

chinomethionat . .

chloramben . . . . cliloraniforrnetha!i . .

chloranil . . . . cliloranocryl . . . .

chlorazine . .

chlorbicyclen

chlorbromuron . .

clilorbufam . . . . chlordane . . .

chlorfenac . . . . chlorfencthol . . . . chlorfcnpropmethpl . .

chlorrncphos . . ..

Chemical ~Vuunres

S-(khlorophenvlthiomethyl) diethyl phosphorothiolot Iiionate 2. 3-rliliydro-6-mcthyl-5-phcnylcar = bnmoyl-l. 4-oxathiin 1 . 3 4 (carbamoylh1io)-2-dimethylaY - minopropane 2 parts (hy wt.) copper culphate and I I parts arnnioniurn carbonate 6-mctliyl-l-0x0-l, 3dithiolo [4,5-b]- quinoxaline 8-liydronyquinoline sulphate . . l. 2-04?, 2. 2-trichiorocthylidenc)- a-D-glucofuranose 3-amino-2,5-dichlorobenzoic acid . . I -(3.4-dichloroanilino)-1-fomylamino- 2,2,2-trichloroc~hane 2.3-5. Qtctrachloro-I. 4-benzoquinone N-(3. 4-dichlorophcnyl) methacry= larnide khloro-4. Cbis (diethy1aniino)- 1.3. S- lria7jne 4-cliiorobenql 4chlorophcnyl sul - pliide I . 2, I 4. 7, 7-hc~achlom-5, 6 . 4 (chloro-methyl)-bicyclo [2, 2, I ] hept- 2-cne 3-(4-bromo-3chlorophcnyl)-l- methoxy-l-methylurea I -methylprop-2-ynyl N-(3chloro = phcnyl) carbanlate l. 2.4. 5.6.7. 8.8-octachloro-3a. 4.7, 7a-fetrahydrd, 7-methyleneindane dccachloro-octal~ydro-1.3.4-melhcno -?H. 5t-lc).clohuta [cd] pentalen-2-one NN-dimethyl-N '42-rnethyl4chloro --- phenyl)-formarnidine 2. 3. 6-trichlorophenylarrtic acid . . 1. I-bis-(4-chloropheny1) ethanol . . methyl 2chloro-3-(4chlorophcnyl) propionate 4-chlornphenyl2,4,5-trichloroplicny -.. 1870 sulpliido Zi.hloro-l-(2.4-dichlon~phenyl) vinyl dicthvl phosphate Zch' .Io3-hydroxyfluo~-ne-3- cnrhoxylic acid

mrftyl 2chloro-9-hydroxyRuorcnc-9- r~rhoxy latc

S-chloromcthyl OOaiethyl phosphoro- thic~lothionatc

Trade Names

Furadan

Garrathion, Trithion Vitavax

Amibcn, Arnoben lrnugan

Spergon Dicryl

CDT

Chlorparacide

I4ercules 426, Alodan

Maloran

Octachlor. lntox 8 Kepone

Fundal. G a l e m . Spanone

- Dimite Ridisin

Milbex

Rirlane, Sapecron

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Acr 149

Common Names

chlormequat . . Chemical Names Trade N o m

Cycocel

Lanstan Hcrcules 3944 D o w o 163 Monoxone Akar. Folbex

chloroacetic acid . chloroknrilate . . chloroneb . . . chlorophacinone . .

l . Cdichloro-2, Sdirnethoxytxnzene ?-(2-pchlorophenyl-2-phenylacetyl) ~ndane-l, 3-dione h-(khlorophenylfh~omethyl) dimethyl !~:io~phorothiolothionate 1 1 ichloronitromethane . . . . i opropyl4.4'-dichlorobenzilate . .

Demosan Drat

Tri-me. Methyl Trithion - Rospin Tenoran

chloropicrin . . . . chloropropylate . chloroxuron . . . .

chlorpropham

chlorpyrifos . . diethyl 2. 5. Ctrichloropyridyl phosphorothioate

Dursban

clilorquinox . . . . chlorthal . . . . chlorthalonil . . . .

5. 6. 7. 8-tetrachloroquinoxaline . 2. 3. 5. 6-tetrachlorotercphthalic acid Dacthal

Daconil. Exotherm terrnil, Termil Prcfix Dicurane

chlorthiamid . . . . chlortoluron . . . .

2.6-dichlorothioben7Elmide . . . . : 4'-(3chlor4methylphenyl)-NN- tlimethyl urea

copper carbonate . . copper naphthenata . . copper oxychloride . .

hasic cupric carbonates . . . .

basic cupric chlorides .. .. Cobox. Vitigran Blue. Tricopper, Coprantol870. Copper Fungicide

copper sulphate coumnchlor . .

wumaphos . .

coumatetralyl .

crcda7ine . . criniidine . .

crotoxyphoc . . crufornate . . cryolite . . cuprour oxide

rentahydrate of cupnc sulphnte . . ~4oc-amtanvl-dchlorobmry1).4- hydroxycoumarin 3chloro-dmethyl-7-coumarinyl tlicthyl phosphorothionate 4-hvdro~y-341. 2. 3. 4-tetrahydro-l- iiaphthyl) coumarin 7-(2-mcthylphen~xybpyrid~uine . . ?clilord-(dimethylaminoM ~ncthylpyrimidine ,limct hvl ris-l -meth! I-241-phenple = thoxyarhonyl) viny , phosphnte A-tertiary butyl-Z-cklorophenyl ~"..thyl-N-methylphcrphoroamidate

:odi?.,n c:. -.:-nfl~-mr,dc . . . . -

Tomorin. Ratilan

Asuntol. Musa - tox. CO-Ral Racumin

Kusakira Cmtrix

Ciodrin

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Common Names

cyanofenphos . . . . Ccyanophenyl ethyl phenylphosu phonothionate Ccyanophenyl dimethyl phosphoroa thionate S-IN-(l-cyano-1-methylethyl) ca rbaa

-moylmethyl] diethyl phosphorothiolate S-ethyl-N-ethyl-N-cyclohexylthiol-. carbunate

Cyanox

cyanthoate . . . . Tartan

cycloate . . Ro-Neet

cycloheximide . . Actidiont

cycluron . . . . cyprazine . . . .

Alipur Outfox

cypromid . . . . N-(3.4-dichlorophenyl) cfclopropane carboxyamidc

2.4-D (Salt and ester forms)

Esteron, DMA, Weedazol, Fernata

2.2-dichloropropionic acid . . . . Dowpon. Mono = pon. Shellapon, Basfapon

daminozide . . . . dazowt . . . .

N-dimethylaminosuccinamic acid . . Alar. &Nine

DMTT, Mylone. Basarnid

2,CDB .. .. DCPA . . . . . . DDT .. . . ..

442, 4-dichlorophenoxy) butyric acid Emtutox dimethyl tetrachlorotercphthalate . . Dacthal 1, 1. l-trichloro-2. 2di-(Qchlorophcnyl) ethane

dect . . . . . . dehydroacetic acid . . demephion . . . .

NNdietliyl m-toluamide . . , Metadelphcne 3-acetyl-6-methyl-2. Cpyrandione . . DHA a mixture ofdemephion-0, dimethyl 2- (methylthio) ethyl phosphorothionate ( I ) and demephion-S. dimethyl+[2- (methylthio) ethyl] phospllorottuolate (11)

Cymetox. Atlasetox

dmneton . . . . a mixture of demeton-0 and demeton- S

systox

dicthyl 2-(ethylthio) ethyl phosphoro- t hiorircte

Systox

demeton-methyl . . a mixture of LhmetonQmethyl and Demeton-S-methyl 2-(ethylthio) ethyl dimethyl phupho- rothionate dicthyl 2-(cthylthio) ethyl phosphoro- thiolate S-(cth Ithio) cthyl dimett yl phoJ .othiolnte S - [ 2 - ( ~ t h y I - ~ : ; ~ ~ * 1 ~ ~ I k t h v ~ ; dimethyl phospb;rotliiolate

systox

demeton-S-methyl - sulphone

Meta i~wj*? ;~ - sulfon Falone 2, CDEP .. . . tr:, (2-(2.4-dichlorophenoxy) ethyl]

phosphite 2-isopropylamino4methylamino-d mcthylthicr-l, 3, 5-triazine

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Common Names

di-allate . . Chemical Names Tr& Names

Avadex . . S-2. 3dichloroallyl NNdi- isopropylthiolcarbamate di-n-propyl2, 5-pyridinedicarboxylate MGK Repellent

326 dialifor . . . . W i e t h y l S-(2chloro-l-phthatimido -

ethyl) phosphoroth~olothionate Torak

. . diethyl 2-isopropyl-&methyl+ pyrimidinyl phosphorothionate

dibromochloro== propane dibutyl phthalate

Nemagon, Fumazone

Tabatrcx Banvel, Mediben Di-captan

di-n-butyl phthrlate . . . . . . dibutyl succinate . . 3, ddichloro-2-methoxybenzoic acid O-(Zchloro-4-nitrophenyl) 00- dimethyl phosphorothioate 2, 6-dichlorobenzonitrile . . . . 2, 4-dichlorophenyl diethyl phosphorothionatc N'-dichlorofluoromethylthio-NN- dimethyl-N'-phenylsulphamide 2, 3dichloro-l. dnaphthoquinone . . 1. l-dichloro-2, 2-bis (kthylphcnyl) ethane 3. 4-dichlorobenzyl methylcarbarnate 2, 2'4i1 bloroethyl ether . . . . 1, 1-dichloro-l-nitroethane . . . . di-(S-chloro-2-hydroxyphcnyl) methane 2.4-dichlorophenyl benzemsulphonate 2, 4-dichlorophenyl-3'-mcthoxy-4'- nitrophenyl ether mixture of dichloropropane- dichloropropene 2,3dichloropropene . . . . . . 1. 3-dichloro-l. 1.3.3-tetraBuoropro= pane-2.2-diol ( f )-2-(2,ddichlorophcnoxy) propionic acid 2,2dichlorovinyl dimethyl phosphate

dicamba .. dicapthon . . dichlorbenil . . dichlofenthion

Casoron - dichlofluanid . . Elvaron, Euparm

dichlone . . Phygon Perthane

dichlormate . . dichloroethyl ether dichloronitroethane dichlorophcn . .

Rowmate

D-D

dichloropropne dichlorotetn= fluoroacctone dichlorprop . .

Telone - Cornox-RK. 2. 4-DP DDVP, Vapom, NO~OS. Nuvan, Dedevap Allisan, Botraa Ktlthane

dicloran . . dicofol . . . . . . 2, 6-dichloro-4-nitroaniline . . . .

. . 2, 2.2-trichloro-l, ld i - (khloro- phenyl) ethnnol

dicrotophos . . . . ris 3-(dimethotyphorphinyloxy)-N. Ndimcthycrotonamide . . . . Bidrin, Carbiaon

dic~yl .. .. dieldrin (HEOD) . . 1. 2. 3,4. 10. 10-hexar hloro-6, 7,-

epoxy-l. 4,4a. 5, 6. 7 8. 8ascta- hydro-exo-l. 4.-cndo- i, 8dlmetha- nonaphthalene diclsyl phthalimidopht~phonothioate di-isoc.ov, ; '- :? ;.v1 nh~sphorothioate

Octalox, Dieldrex. Pes tex

. . NNN' N'-tetramcthylphosphoro- diamidic fluoride

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PESTICIDES

Common Names

dimcthimol . . . . diwthoate . . . .

dimetilan . . . .

dinobuton . . . .

dinocton . . . . dinocton4 . . . .

dinoseb.. . . . .

dinoterb . . . . dioxacarb . . . .

diphacinone . . . . diphenadd . . . . diphcnyl . . . . dipheuyl sulphone . . dipropetryn . . .

Chemical Names

dimethyl S-(N-methylcarbamoyl= methyl) phosphorothiolothionate dimeth) l I. 3-di (carbomcthoxy)-l- propen-2-yl phosphate 2-(4, 5-dimethyl-l, 3-dioxolan-2-yl) phenyl N-methylcarbamate 0, 0-dimethyl-S-(.isqpropylthio) ethyl phosphorodtthtoate dimethyl 4-mcthylthiophenyl phosphate dimethyl phthalale . . .. .. 0, S-dimcthyl trtrachlorothio- tercphthalate dimethjl 3. 5.6-trichloropyridyl phosphorothioate 4dimcthylamino-3. 5-xylyl N- methylcarbamate 2-dimcthyi;arbamoyl-3-methyl-5- pyrazolyl dimethylcarhamate 3. ddimethylphenyl N-methylcar- bamate di (methoxythiocarbonyl) disulphide N3 NJ-diethyl 2, 4-dinitro-6- trifluo- romethy I-tn-phenylcncd~amine 2-S-butyl-4. 6dinlt;ophenyl isopropyl carbonate mixture of 2. 6-dinitro-4sctylphcnyl tonate ate and 2.4dinitro-69ctyl== phenyl crotonate methyl 2-( I-methyl-n-heptyl)4,6- dinitrophenyl carbonate mixture of methyl 2.6dinitro-4- (l-ethyhcxyl) phenyl carbonate (I) and methyl 2.6-dinitro4l-propyl- pcntyl) phenyl carbonate (11) mixture of methyl 2. 4-dinitro-4- (l<thylhexyl) phenyl carbonate O and methyl 2.4-dinitro-q1-propyl- pentyl) phenyl carbonate (11) 2-(l-mcthyl-n-propyIM, 6-dinitro- phenol 2-(l-methyl-n-propyl).4,6dinitro- phenyl ncetate

2-1-butyl-4, 6dinitrophenol . . . . 2-(I. 3-dioxolan-2-yl) phenyl N- methylcarhamote 1.4dioxan-2. 3-ylidene bis-(OC- diethyl phosphorothiolothionat:)

2diphenylacr*vlindane-l, 3di0,ie . . NNdimethyl-2.2-di~hrnylsatallide

- . . - . .

bethylthio-2, dbis (i~opropylamino)- S-triazine

Dimet; Rogor. Cygon,-Roxion Bomyl

Fondarcn

Snip

Meobal

Arathane, Karathane Crotothane

Arctit, Ivosit

- Famid

- Enide, Dymid

- -

Colofor. Sanmp

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[ Id Sch.]

Common Names Chemical Names diquat . . . . . . 1. l '-ethylene-2.2'-bipyridylium ion

disodium oftaborate . . . . . . disulfoton . . . . 0,O-diethy! S:2-(ethylthio) ethyl

phosphorodlthloate

dithianon . . . .

diuron .. .. . . DMPA .. ..

DNOC .. .. dodemorph . . . . dodine . . . . . . drazoxolon . . . .

DSMA .. . . edifenphos . . . . endosulfan . . . .

endothal . . . . endothion . . . .

endrin . . . .

EPN .. .. .. epoxyethane . . . . E P T C . . .. . . erbon .. . . ..

ethoate-methyl

2. 3-dicyano-l. 4dithiaanthraquinone 241, 3dithiolan-2-yl) bhenyl NN- dimethylcarbamate 3-(3,l-dichlorophcnyl)-l. l-dimethy= lurea 0-(2.4-dichlorophcnyl) 0'-methyl N- isopropj lphosphoroamidothioate 2-rrcthyl4.6-dinitrophenol . . . . 4-cyclododecyl-2, ddimethylmor= pholine dodetylguanidine acetate . . . . 4-(2-chlorophenylhydrazono)-3- methyl-5-isoxazolone disodium methanearsonate . . . . ethyl SS-diphenyl phn~phorodithioate 6,7.8,9,10.10-hexachloro-l, 5.5a. 6. 9.9a-hexahydro-9. gymethano-2. 4. 3- benzo [e]-d1oxath1ep1n-3-0~1de 3.6-endonohexahydrophthalic acid . . S-(5-nL:thoxy4-pyron-2-ylmethyl) dimethyl phosphorothiolate 1.2.3,4,10,10-hexachloro .6, l-epoxy- 1, 4, 4a, 5. 6. 7. 8, 8a-octahydro-exo- 1. 4,-exo-S. 8 dimethanonaphthalene ethyl bnitrophenyl phenylpbos= phonothionate 1.2-epoxyethane . . . . . . S-ethyldipropylthiolcarbamate . . 2-(1.4.5-trichlorophenoxy) ethyl 2.2- dichloropropionate tetracthyl SS'-methylene bis (phospho- rothiolothionate) S-n-butyl-2cthylamino-4-hydroxy-6- methylpyrimidine S-(Ncthylc;lrbamoylmethyl) dimethyl phosphorothiolothioate

ethohexadiol (ethyl 3-hydroxymethyl-n-heptan-4-01 . . hexancdiol)

5-cthoxy-3-trichloromcthyl-1,2,4- thiadiazole @ethyl-0-2.4dichlorophcnyl thiono- benzenephosphonate

ethylene chlorobromide l-bromo-2-chloroet lane . . . . ethylene dibromide . . I , 2-dibromoethanc . . . . . . ethylene dichloridc . . 1. 2-dichlorocthane . . . . . .

c:nylene glycol bis (t -ichloroacetate). . N:v::ryii,. :-+: :~lucnesulphona- r.,ude S-(2cthyls11lphin~l) isopropyl dimethyl phosphorothlolate

Trode Names Reglone, Aquacide Polybor Disyston. Dithio-systox. Solvircx Delan

DMU, Karmcx, DCMU. Diran Zytron

Antinonnin. Sinox

Cyprex. Melprex -

&tsar Hinosan Thiodan. Malix, Trizone

Endrex, Fezdrin

- Eptam Baron

Lmbathion. Nialate Milstem

Fitios

- Bromofurne

Gl yt ac Grp:;or;rn M, C-man M Metasystox S

EXD . . . . . . di-(ethoxyth~ocarbonyl) disulphide . . Hahisrn. Sulfasan

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Common Names Chemical hbmes

fmaminosulf . . . . p-dimethylaminobenzenediazo sodium sulphonate

fcnazaflor . . . . phenyl 5 . 6dichloro-2-trifluoro- methylbenzimidmole-I-carboxylate

fenchlorphos . . . . dimethyl 2. 4. 5-trichlorophenyl phosphoroth~onate

fenitrothion . . . . dimethyl 3-methyl-4-nitrophenyl phosphorothionate

fcnoprop (silwx) . . (L)-2.42: 4, 5-trichlorophenoxy) proplonlc acid (It should be slated which salt is present)

fensulfothion . . . . diethyl 4-(methylsulphinyl) phenyl phosphorothionate

fenthion . . . . dimethyl 3-methyl4methylthiophenyl phosphorothionate

fentin acetate . . . . tripheny!tin acetatc . . . . . . fentin hydroxide . . triphenyllin hydroxide . . . . fenuron . . . . 1. l-dimethyl-3-phcnylurea . . . . fenuron-TCA . . . . l. l-dimethyl-3-phenyluronium

trichloroacetaie ferbam . . . . . . ferric dimethyldithiocarhamate . . fluometuron . . . . 1. l-dimcthyl-3-(3-trifluoromethyl-

phenyl) urea thorodifen . . . . 2.4'4initro-4-trifluotamethyl-

diphenyl ether flurecol (flurenol) . . 9-hydroxyfluorenc-9-carboxylicacid.. folpet . . . . . . N-(trichlnromethylthio) phthalimide fono fos . . . . O-cthyl phenyl ethylphosphonothiolo-

thionnte formaldehyde (formalin) . . formetanate . . . . 34imcthylnminomethylcneimino=

phenyl N-methylcarhamate

Trade Names

Dexon

Nanknr. Korlan. M F Tick Killer Agothion. Folithion, Sumithion Kuron, 2.4.5-TP

Dasanit, Terracur P Queleton. Tiguvon. Lebaycid Brestan Du-Ter Dimeturon. Dybar Urab

Fermate. Trifungol Cotoran

- Phaltan. Trifol Dyfonate

Dicanol

formothion . . . . S-(N-fc>rm>I-N-mcthylcarhamoyl= Folithion. rnethvl) dimethyl phosphorothiolo= Sumithion. thionate

gliotoxin . . . . - . . griseofulvin . . . . 7-chloro-4. 6. ?'-l1 imethoxy-6'-

methylpris-2'-cn-3.4'-dione

qoazatine . . . . 9-aza-l. 17-diguanidinohepta ccane.. heptachlor . . . . 1. 4. 5. 6. 7. R. 8-heptachloyo-3a, 4, 7.

7a-tetrah?dr 3-4,7-mcthano~n~ene

hexachloroacclane . . 1,1,1,3.3, f-her:-hln-n-:- proyanonc hexachlorn~.ni.crre . . . . . . a mi~t11.- of l. l . l . 7. 7, 7-hexafluoro- 4-lrc,n>l-?. &hi5 ftrifluoromethyl)-3- neptenc-2. hdiol (lbnntl l . l. 1.7.7, 7- hexnfl~rnrn-l-mcth~lmc-2.6- his (triflr~crron~ethyl)-2, Ghcptanediol(1l)

Anthio Voronit -

- -

Fezdrex

HCA - -

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[lrt Sch.]

Common Names

hexafluoroacctone (rihydrate

hexaflurate . . . .

hydroxyisoxazolc . . iodofenphos . . . .

. . . . . . ioxynil

isobenzan . . . .

isonoruron . . . .

. . . . isopropnlin

isoxathion . . . . karbutilate . . kasugamycin . . . . lead arsenate . . . .

. . . . . . lenacil

leptophos . . . . . . . . lime sulphur

lindanc (gamma BHC)

linuron . . . . malathion . . . . malcic hydrazide . . mancozcb . . . .

MCPA . . . . MCPB.. . . . . mcbenil . . . . mecarbarn . . .

Chemical Names

1.1, 1. ?. 3.3-hexafluoropropane-2. 24101 drhydrate 1. 5a. 6, 9. 91, 9b-hexahydro-4a (4H)- dibenzofursncarboxaldehyde potassium hexafluoroarx~late . . . . . . . . hydrocjanic acid 2-hydroxyethyl-nsctyl sulphide . . 3-hydroxy-5-mcthylisoxazole . . 0-2. S-dichloro-l-iodophenyl 00- dimethll phosphorothionrte

1.3.4. 5.6.7.8.8-octachloro-l. 3.3a. 4. 7. 7a-hexahydro-4. 7-methanoiso= benzofuran isobornyl thiocyanoacetate . . . . N '-[l- or 2-(3a. 4.5.6.7.7a-hexahydro- 4, 7-mcthanoindanyl)]-NN-dimethyl- urea 4-isopropyl-2, 6,dinitro-NNdipro- pylaniline 2-isovaleryl-1.3-indandione . . . . 00-dicthyl 0-(5-phenyl)-l, 3-isoxan zolyl phosphor:gihioatc m-(3.3-dimethylureido) phenyl tert- butylwrbamate - . . diplumhic hydrogen arsenate . . 3cyclohcxyl-6. 7-dihydro-1H- cyclopntnpyrimidine-2, 4-(3H, 5H)- dione 042 , 5-dichloro-4-hroniophenyl) 0-methyl phenylphosphonothionate aqueous solution of calcium polysul= phides gamma isomer of l. 2.3.4.5. C hexachlorocyclohexane (not less than 99 %,

343.4-dichlorophenyl)-l-mdhoxy-l- methylurca S-[l. 2-d~(ctho~ycarbonyl) ethyl] dimethll pl~osphorothiolothionate 1.2dihydropyridazine-3, 6-dionc . . a comple.c nf zinc and maneb containing 20:. nlanganex and 2.5 % zinc manganese ethylene-l, 2-bisdithio- carbamate khloro-2.. ~cthyIphcnoxyacctiz acid 4-(4-chlor0-2-1~;i:,; I-'.-noxvL butyrlc acid

&Nethoxycnrbonyl-N-methyl- bamoylrncthyl) dlethyl phosphoro- thiolothionate

Trade Names

MGK Repellent 11 Nopalmate

MGK Repellent 874 Tachigam Alfacron. Nuvanol Actril. Certrol. Totril Telodrin

Paarlan

Valone Karphos

Tandex

Phoswl. Abar

Agrocide. BHC, Tritan, Dol. Dolac~de. Gammexane Afalon. Lorox

Malathion

MH Dithanc M 4 5

Polyram, Manrate, Dithanc Agroxone, Apritox Tropotox

- Murfotox

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PESTICIDES

Common Names

meauphon . . . . Chemical Names l-rodr Name:

S-(N-methoxycarbonyl-N-methyl=- carbamoyl methyl)-0-methyl methylphosphonorhiolothionate (f )-2-(khloro-2 methylphenoxy) propionic acid 6-t-butyl-3-methy:-2. edinitrophenol

CMPP, I* wrnox

medinoterb . . . . menatoll . . . .

. . . lothionate diethyl N44-methyl-l. 3dithiohn- 2-ylidene)phosphoroamidate

. . . . . . mercuric chloride

. . . . . . mercurous chloride metaldehyde . . . . methabenahiazuron . .

N-methyldithiocarbamic acid . . Vapam, VPM metham . . . . methamidophos . . 0, S-dimethyl phosphoramidothioate Tamaron,

Monitor Probe, Paxilon 243'. 4'dichlorophenylWmethyl-l,

2,4-oxadiazolidine-3.5dione S-(% 3dihydro-5-methoxy-24x0- l. 3.4-thiadiazol-3-ylmethyl) dimethyl phosphorothiolothionatc

methidathion . . . .

methiocarb . . . . methomyl . . . . metboprotryne . .

4-methylth:o-3. 5-xylyl N-methyl- carbamate l-(niethy lthiokthylideneamino N- methy lcarbarnate

methoxychlor . . . . 1. 1, I-trichloro-2.2-di-(4methoxy- phenyl) ethane methoxyethylmercury chloride . . methoxycthylmercury silicate . .

Marlate, DMDT

methyl bromide . . methyl isothiocyanate

. . . . . . bromomethane - . . 24methyl-2-propynylamino) phenyl N-methylcarbarnate methyl 2. 3. 5. 6-tetrachloro-N- methoxy-N-n~ethylterrphthalamate

- . . m-(l-methylbutyl)phe;lyI N-methyl- carbamate and m-(l-ethylpropyl) phenyl N-mcthylcarbarna*e Ncyano-N'-(methylmcrc~~ry) guanidine I -(methvlthio)cthylidmu~mino carban A ~ C

complex sr t t t t i u ;,;.ethylene thiup:~ disulphide containing 80% z1r:o 344-bromnphenylbl-mcthoq-l- --.L..( ..---

melhylaninic sulphide Rhizoctol Bux

methylmercury dicyandiamide

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Trade Nams

Dosanex

Common Names

metoxuron . . . . Chemical Names

N'-(3-chloro-4-methox~phenyl)-NN- dimethylurea

Sencor

mevinphos . . 2-methorycarhnyl-l-methylvinyl dimethyl phosphate

Fytorin, Phosdrin - dodecachlorooctahydro-1.3.4

metheno-2Hcyclobuta [cd] pentalene S-ethyl NN-hexamethylencthiolo= carhamate h'-(4-chloropheny1)-2, 2- dimethyl- valeramide

Potablan monalide . . . . monocrotophos . . diniethyl-l-methyl-2-methylcarba=

moylvinyl phosphate 3-(4-chloropheny1)-I-methoxy-l- methylurea khloro-5-methylamino-2-(3-tri= flue-omethylphenyl) pyridazin-3-one 3-(4-chloropheny1)-1. l-dimethylurn 3:(dchlorophenyl)-l. l-dimethyluro- nlum tr~chloroacetate

A7odrin. Nuvacron Aresin monolinuron . . . .

monometflurazone . . Zorial

Aacmu. Telvar Urox

monuron . . . . monuron-TCA . .

1. l '-bis(3. 5-dimethylmorpholino- carbonylmethyl)-4,4'-bipyridylium ion

Morfoxone

M S M A . . .. .. monosodii:m methanearsonate . . Weedone. Cyconate. Ansfu, Monowet, Weed Hoe Parzate. Dithane, A-103 Dibrom

nabam . . . . disodium ethylene-l, 2-bisdithio- carhamate l . 2-dihru~o-2. 2-dichloroethyl dimethyl pho3phate

- . . 2-(3-naph!hoxy)-NN-diethyl- prop~onam~de N-l-naphthylphthalamic acid . . 1-n-butyl-343.4-dichloropheny1)-l- methylurea 5-cliloro-N-(2-chloro-4-nitrophmyl) salicylamide 3-(1-methyl-2-pynolidinyl) pyridine.. 4-(methylculphonyl)-?. CdinitrwNN- dipropylaniline 2.4-dichlorophcnyl 4'-nitrophenyl cther 5-(a-hydroxy-a-?-pyridylknzylb7- (a-2-pyridylknzyl1dcne) lorbor-5- ene-2, 3-d~carboryim~de 3-(hexahydro-4. 7-metha ioindan-Eyl) -1. l-d.rnethyluren N-(Zcth: ;itet, :, :.:::.c!~:f .2,l+S heptesc-2. 3-dicarboximide <methyl SW-meth?!carbamoyl= methyl) phosphoroth~oate

naphthalene . . napropamid . .

- Devrinol

naptalam . . neburon . .

Alalln~ Karmcx N. Klobcn Bayluscide niclosamide . .

nlcotine . . nitralin . .

- Planavin

TOK E-25 nitrofm . . norbonnide . . Shoxin

octylbicycloheptene dicarboximide omethoats . .

MGK 26%

Folimat

Ormlin . . . . 3, S-dinilrwNN-dipropyltulphanila-. mide

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PESTICIDES

Common Names

oxadiazon . . . .

oxydemeton-methyl . . oxydisulfoton . . . . paradichlorobenrene . . paraqwt .. .. parathion . . . . parathion methyl . . paris g m n . . . . pebulate . . . . pentachlorophrnol . .

Chemical Names

cupric Rquinolinolate . . . . 2,3-dihydro-dmeth~I-5-~nyl- carbamoyl-l, Coxathiin 4,4-dioxide S-[2-(ethylsulphinyl)ethyl]dimethyl phosphorothiolate diethyl S-~2:(ethylsulphinyl) ethyl] phosphoro~hroloth~onate pdichlorobenzene

diethyl Cnitrophenyl phosphoro- thionate dimethyl 4nitrophenyl phosphoro- thionate copper axto-arsenite . . . . . . Spropyl butylethylthiolcarbamate . .

pentanochlor . . . . N-(3-cblor04-methylphenyl)-2- methylpentanam~de

petroleum oils . . - . .

phenamiphos . . phenmcdipham

phenthoate . .

phorate.. . . phosalone . .

phosazctim . . phoslolan . . phosmet . . phosphamidon

phoxim . . picloram . .

ethyl 4-(methylthiobm-tolyl isopropyl phosphoroamidate

methyl 3-(m-tolylcarbamoyloxy) phenylcarbarnate S-oc~thoxycarbonylbenzyl die thy l phosphorothiolothionate 1-phenyl-3-(00-diethylthionophos- phoryll-l. 2, 4-triazole phenyl NN-dimethylphosphorodimi-. date 2-phenylphenol dicthyl S-(cthylthiomethyl) phospho- rothiolothioate S(6chloro-2-oxobenzoxazolin-3-yl) methyl diethyl phos~horothiolothio= nate 00-bis(4-fhlorophenyl)acetimidoyl phosphoramidothioate 2-(diethoxyphosphiny1imino)-1 ,S dithiolane OO-dimethyl phthalimido-rr.cthyl phosphorof' .olothionatc 2-chloro-2-dieltyic,.'. .?nyl-! methylvi~tyl dimethyl phosphate acyo?0ben7ylidineamino didhyl mk~sphorothionate

4amino-3,5,6.-trichloropicolinic acid

node Notnes Ronstar

Oxine Plantvax

- Gramoxone Folidol, Bladaa

Folidol- hl, Dalf

Tillam Dowiddc. Santophen. Santobrite

Albolinrum. Albarol. White oil. Volck oil Nemacur P

Bet anal

Zolone

Gophacide

Cyolane. Cylrn

Imidan

Baythlon

Tordon

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Acr 149

Common Noms

pindone . . .. piperonyl butoxide . . piprotal . . . . pirimicarb . . . .

pirimiphos-methyl . . PMA .. .. .. polyoxin B . . . . potassium cyanate . . promecarb . . . .

propachlor . . . . propanii . . . .

propham .. .. propineb . . . . propoxur . . . . propyl isome . . . .

propylene dichloride . . propyzamide . . . . prothoate . . . .

pyrethrinr .. .. pyrldinitrile . . . .

Chemical Names

2-pivaloylindanal, 34ione . . . . E[2-(2-but0xyethoxykthoxymethyl~ Cpropyl-l. 3-benzodioxole pipcronal bis[2-(2-butoxyethoxy) ethyl] acetal Zdimethylarnino-S, 6dimethyl= pyrimidin4yl dimethylcarbarnate 2diethylamina-Cmethylpyrimidin- 4yl diethyl phosphorothionate Micthylamino-6methyIpyrimidin- 4-yl dimethyl phosphorothionate phenylmercury acetate . . . .

- . . 3-hpropyl-5-r.~ethylphenyl N-methyl- carbamate 2.4-biisopropylamin0d.methoxy-l. 3, 5-triazine 2. Cbis (isopropylamino)b.methyl- thio-1. 3, 5-triazine 2'chloreN-isopropvlacctanilide . . N-(3.4-dichlorophen>!!-propiona- mide 2-chloro-4. Cbisisopropylamino-l. 3, 5-triazine fyopropyl N-phenylcarbmate . . a polymer of zinc propylenebisdithio- carbamate 2-hpropoxyphenyl N-mcthylcarba - mate di-n-propyl 6, 7, methylenedioxy-3- methyl-l. 2. 3. 4tetrahydronaphtha-- Iene-1, 2dicarboxylate 1.2dichloropropane . . . . . . 3.Sdichloro-N-(l .ldimethyl-2- propynyl) benzamide diethyl S(N-isopropylcarbamoyl- methyl) phosphorothiolothionate 5-amin&chlore2-phenyl-3-pyrida= zone (Mtthoxycarbonyl-S-methyl--10 [l, 5-01 pyrlmidin-2-yl diethylphos- phorothioate from Pyrethrum clnrraefollum 2. bdichloro-dphenylpyridine-3,:- dicarbonitrile 00-diethylo-(2-quinn-lvl) ~hospho - rothionate pentachlorr:,~trobeluene . . . .

Trade Names

Pival. Pivalyn -

Primicid

Actellic

Tag HL 331 Antirnucin WBR - - Carbarnult

-=gard, Caparol Ramrod Surcopur, Rogue

Gnamil. Milogard - Antracol

Blattanex, Bayson

Kerb

Fac

Pyrarnin

Afupn, Curamil

Ciluan

Ekalux, Bayruril

Formac. Purosoil, Brassiml, Folosan. Terraclor - red rquill . . . . from Urg/nea (SciNa) madtfmo . .

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PESTICIDES

Common NW resmethrin . . . . rotmone . . . .

. . . . . . ryania sabadilla . . . .

. . . . salicylanilide schradan . . . .

scsamin . . . .

siduron . . . . simazine . . . . sodium arsenitc . . sodium chlorate . . sodium fluoride . . sodium fluoroaalate . . sodium metaborate . . streptomycin . . . .

strychnine . . . . . . . . sulfallate

. . . . sulfotep

sulfoxide . . . . sulphur . . . . sulphuric acid . . sulphuryl fluoride swep . . . .

TCA . . . . TDE . . . . tecnazene . . TEPP . . . . terbacil . . terbutylazine . . terbutol . .

Chemical Names

S-bmryl-3-furylmethyl (f )-ch. t r m - chrysanthemate from Derris and Lonchocmpus spp. ..

. . . . . . from Rforria speciosa from Schoenocoulon oficinalc . .

. . bls-NNNN'-tetramethylphospho- rodiamidic anhydride 243.4-methylenedioxypheaoxy) ethyl- 3.6.9-trioxaundeca.1e 2, Cbis-(3,4-rnethylenedioxypheayI)-3, 'I-dioxabicycio [3,3.O]-e 2-(2.4dichlorophmoxy) ethyl sodium sulphate 1-(2-rnethylcyrlo!1exyl)-3-pheaylum 2chIoro-4, 6-bis (ethylamin0)-l, 3, 5- triazine - . . - . . sodium cis-3chloroacrylate . . . . - . . - . . sodium metaborate tetrahydrate . . 2.4-diquanidino-3,5.6-trihydroxycy- clohexyl5.deoxy-2MZdeoxy-2- methylamtno-a-L-gluwpyranosyl) 3Gfomyl-lt.LIyxopentanofm~ide - . . 2chloroallyl-NN-diahyldithio- carbarnate bis-00-diethylphosphorothionic anhydride 1.2-methylcnedioxy4[2-(0cty~~I a phinyl) propyl] benzene - . .

methyl N-(3, 4-dichlorophcnyl) car- bamate 2.4,s-trichlorophenoxyacctic acid . .

. . . . 2.3. Ctrichlorobenroic acid

trichloroacetic acid . . . . . . 1, I-dichloro-2. * li-(4-chl0rophen.~l) ethane 1. 2, 4, 5-tctracb!~r0-3-tu;rulc.~e bis-OO-dieth:.:phosphoric anhydride

2-1-butylaniino4chloro-6-cthylamiw S-triazine 2. 6-di-1-butyl-4-methylphenyl N- methylcarbarnate

- Shirlan Petox

Sesoxane

Tupcrsan Gcsatop

- Monoborchlomte Phytomycin

Bladafum

Basirox. Kumulus, Thiovit

Vikane - Kuron, Weedone, Trifen, Esteron DND, Paco, Trysbcn Aatrichon. Nata DDD, Rhothane

T CNB Nifos T Sinbar Gardoprim

Azak

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Common Nomes Chemical Nomes Trade Nomes

Igran, Prebane terbutryne . . . . 4cthylamino-2-methylthio-dt- butylamino-l. 3.5-t-lazine

tetrachlorothiophene . . 2.3.4.5-tetrachlorothiophcne . . tetradecyl pyridinium bromide . . 000'0'-tetramcthyl OO8-thiodi-p- phcnylene phosphorothioate

tetrachlorvinphos . . cis isomer (chloro-and phosphate groups adjacent) of t-chloro-l-(2.4.5- tri~hlorophenyl)\~inyl dimethyl phosphate

tetradifon . . . . 2.4, 4'. 5-tetrachlorodipheuyl sulphone

Penphene Fylomac Abate

Gardona

Qumo-Tedion, Tedion V-18. Trldion Neo-pynamin tetramethrin . . . . 3.4, 5, btetrahydrophthalimidome=-

thy1 (*)-cis, rronschrysanthemate 4-chlorophenyl2.4. 5-trichlorophmyl sulphide

thiabendazole . . . . thiocarboxime . .

2-(4'-thiazo1yl)benzimidawlc . . S-2cyanoethyl N-[(methylcarbamoyl) oxy] thloacetlmldate S-2-(e1hylthio)ethyl dimethyl phosphorothiolothionate

- Talcord

thiometon .. . . Ekatin

thionazh . . . . thiophanate . . . .

diethyl2-pyrazinyl phosphorothio- nate 1.2-di-(3-sthoxycarbonyl-2- thiourcidoj innzene 2-thio-l. 3-dithiolo-[4, 5 4 1 quinoxaline bis(dimethylthiocarhamoyl) disul- phide

Nemafos

Topsin, Cercohin

thinquinox . . . . thiram . . . . . .

Eradcx

Arasan, Pomarsol, T m a n , Amosan. Polyram Ultra Floraltone. Regim 8 Metactate Tsumacide Eu>arcn M

2, 3, 5-triiodobenzoic acid . . . . m-tolyl N-methylcarbamate . . . .

tolylfluanid . . . . tri-allate . . . . triamiphos . . . . triarimol . . . .

NN-dimethyl-N '-(CtolylbN c (d~chlorofluoromethylthio)sulphamide S-?, 3.3-trichlorallyl di-isopropyl- thiolcarbamate 5-amino-l-his (dimethylamido) phosphinyl-3-phenyl-1.2.4-triazole 2.4dichlorw-pyrimidm-5- ylbcnzhydrol SSS-tributyl phosphorotrithioate . .

tricamba . . . . 3, 5, btrichloro-2-methoxybcnzoic acid 4, 5.7-trichloroknflhiadiazole-2.1.3 trichlorobenzyl chloride

TCBC

Agrisil. Agitox trichloronate . . . . trichlorphon . . . .

ethyl ?,4. 5-trichlorophtnyl ethylphosphonathionatc dimet'., : 2. 2, 2-trichlorc-l- hydroxyethvl phnsphonat~.

tridemorph . . . . trietazine . . . .

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PEST lClUES

Common Names

. . . . trifenmorph triflunlin . . . .

undecylenic ac~d (10- hendemoic acid) validamycin A.. ..

. . . . vamidothion

vcrnolate . . . . warfarin . . . .

zinc phospnidc . . zincb . . . . . . dram . . . . . .

Chemical Names

N-trityl morpholine . . . . . . 2, 6-dinitro-NNdirropyl4 trifluoromethylaniline 1, 4-dL(2.2. 2-trichloro-l-formami- doethyl) piperazine

- . . dimethyl S-[2-(l-methyl-carhamoyl- ethylthio)ethyl] phosphorothiolate S-propyl NNdipropyl thiolcar- bamate 3-(0:-acctonylbenzyl)-Qhydroxy 5

wumarin

- . . zinc ethylene-l, 2-bisdithiocarbamate

zinc dimethyldithiocarbamate . .

Trodc Names

Fmcon Treflan

Validacin Kilval

SECOND SCHEDULE (Section 2)

EXEMPTED ARTICLES

Paint for use as ordinary colouring paint

Ratkill, Paci, Sonxa. Racumin, Ratsak. Ticurnin Tritogol Dithane. Zebenide, Tritoftorol Milbam. Zerlatc, Trikagol

PART' 1 (Section 60 (1))

SUBSTANCES REMOVED FROM THE CONTROL OF THE POISONS ORDINANCE No. 29 OF 1952 OF THE

STATES OF MALAY.4 Item numben

Names of subst-rr-• in poisons lie: ... 1. Dinosam: its compounds with a metal or base 128

2. Dinoseb: its compo~:;ids with a metal or base ... 129 ... ... ... ... ... 3. Endosulfan ... 145

... ... 4. Endothal: its salts ... ... ... 146

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Names of substances Item n u m b in poisons List

6. Fumigants: hydrogen cyanide and methyl bromide ... ... gases ... ... ... ... ... 167

... ... 7. Methyl bromide ... ... ... 242

8. The following organo-tin compounds : Compounds ... ... ... ... of fentin ... ... 277

9. The following phosphorous compo~mds ... ... 325 Amiton Azinphos-ethyl Azinphos-methy l Chlorfenvinphos Demeton-0 Demeton-S Demeton-0-methyl Dcmeton-S-methyl Dichlorvos Diethyl 4-methyl-7-coumarinyl phosphorothionate Diethyl p-nitrophenyi fhosphate Dimefox Disulfoton Ethion Ethyl pnitrophenyl phenylphosphothionate Mazidox Mecarbarn Mevinphos Mipafox Oxydemeton-methyl Parathion Phenkapton Phorate Phosphamidon Scharadan Sulfotep TEPP (HETP) Thionazin Triphosphoric pentadimethylamide Vamidothion

. .a S.. ... 10. Sodium fluoroacetate ... ... 361

... 11. Zinc dimethyldithiocarb~~nate ... ... 39;

... 12. Zinc ethylene-bis-SJithiocarbamate ... ... 395

... S.. ... 13. Zinc phosphide ... ... 396

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PESTICIDES

PART I1 (Section 60 (1))

ENTRIES DELETED FROM APPENDIX TO POISONS L I S

Under Agricultural and Horticultural Poisons

Dinosam: its compounds with a metal or base

Dinoseb: its compounds with a metal or base

Endosulf an

Endothal: its salts

Endrin

Organo-tin compounds--Compounds of fentin

Phosphorous compounds and all entries thereunder

Zinc dimethyldithiocarbamate

Zinc ethylene-bisdithiocarbamate

Zinc phosphide

Under industrial Poisons

Fumigants : Hydrcpsn cyanide and Methyl bromide gas

(Section 62 (1))

SUBSTANCES REMOVED FROM THE CONTROL OF THE POISONS AND DELETERIOUS DRUGS ORDINANCE (CAP. 100)

OF THE STATE OF SABAH

1. Dinitrophenols. their derivatives and their compouods used as weedkillers and insecticides

2. Endosulfan

3. Endrin

4. Fumignnts-hydrogen cyanide and methyl bromide gases

5. The followina organo-tin compc unds : Compounds of featin

6 Zinc dimethylditniocarbamatc

8. ZLs phosphide

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PART IV (Section 64 (1))

SUBSTANCES REMOVED FROM THE CONTROL OF THE POISONS ORDINANCE (CAP. 121) OF THE STATE

OF SARAWAK

Dinosam: its compounds with a metal or a base 3inoseb: its compounds with a metal or a base Zinc phosphide