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Pesticides Act

Repealed

LAWS OF TONGA

[1988 Ed.]

CHAPTER 129

PESTICIDES

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Register of pesticides.
4. Registration.
5. Application for registration.
6. Powers of registrar.
7. Publication.
8. Cancellation of registration.
9. Objection.
10. Labelling of containers.
11. Offences.
12. Regulations.

SCHEDULE

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Acts 15 of 1975, 16 of 1981, 46 of 1988

AN ACT TO REGULATE THE REGISTRATION, MANUFACTURE, SALE AND USE OF PESTICIDES

Commencement: [30th April, 1976]

Short title.

1. This Act may be cited as The Pesticides Act.

Interpretation.

2. In this Act, unless the context otherwise requires-

"active ingredient" means any material used in making a pesticide that acts on the pests;

"brand" means the trade name applied to each kind of pesticide of any particular description by the Manufacturer, distributor, importer or vendor;

"concentration" means the strength or percentage of active chemical ingredient;

"distributor" means the company which marketed or repackaged the pesticide to be imported;

"formulation" means the type of pesticide carrier or vehicle such as emulsifiable concentrate, wetable powder dust, aerosol, granule etc.;

“import” means to cause to bring into the Kingdom of Tonga pesticides whether as a private individual or as a company and whether solicited or not;

"ingredient" means any material used in making pesticides;

"manufacturer" means the person or persons or company which made the pesticides;

"Minister" means the Minister of Agriculture, Forests and Fisheries;

"nature" means the kind of pesticide such as insecticide, fungicide etc.;

"pesticide" means a chemical (excluding fertilizer) used for or represented as a means of preventing , destroying, repelling, mitigating, or controlling directly or indirectly any insect, mite, tick, fungus, bacterium, virus, nematode, weed slug, snail, rodent, fish or mollusk;

"Register" means the Register of Pesticides established in terms of this Act;

"Registrar" means the Registrar of Pesticides appointed in terms of this Act.

Register of Pesticide.

3. (1) There shall be a Registrar of Pesticides who shall be the Director of Agriculture, Forest and Fisheries and who shall keep a Register of Pesticides in which shall be entered the trade name of all registered pesticides, their chemical names and percentages of active ingredients or acid equivalents as appropriate, the name and place of business of the manufacturer (if manufactured in Tonga), and the name and place of business of the importer.

(2) Every pesticide entered in the Register shall be given a number to be known as the registered number.

Registration.

4. No pesticide may be manufactured in or imported into or used, offered for sale, sold or distributed in the Kingdom of Tonga unless such pesticide has been registered with the Registrar in accordance with the terms of this Act.

Application for registration.

5. (1) Application for registration of a pesticide shall be made on an application form in the form specified in Schedule I to this Act.

(2) Every such application shall contain the following information-

(a) the name and address of the importer and the name and address of the pesticide manufacturer or distributor;

(b) the brand name and percentage by weight or volume of each active chemical ingredient;

(c) the nature and formulation of pesticide, listing the intended use and rates of application;

(d) the label which it is proposed to use on the pesticide container;

(e) any other relevant information as required by the Registrar.

(3) Every application shall be accompanied by an application fee of $10.
(Substituted by Act 16 of 1981)

Powers of Registrar.

6. (1) Upon application being made for registration of a pesticide, the Registrar may in his discretion-

(a) register the pesticide with or without conditions; or

(b) refuse registration of the pesticide and shall, if requested, state the reason for refusal.

(2) The Registrar may at any time require a change in the label of any pesticide container.

(3) No change in the formulation of any registered pesticide may be made without prior application to the Registrar, who may require a fresh application for registration to be made. Any such application shall be dealt with as if it was a new application.

(4) No change in an approved label may be made without the prior approval in writing of the Registrar.

Publication.

7. The Registrar shall cause the brand name, chemical identity of the active ingredients, the name of the manufacturers (if manufactured in Tonga), the name of the importers and the registered number of any pesticide registered under this Act to be published in the Gazette s soon as practicable after registration.

Cancellation of registration.

8. (1) Every registration made under this Act shall remain in force until such time as the Registrar shall direct that it be cancelled, which he may do upon giving written notice to the holder of the registration, and publishing notice of his intention to cancel such registration.

(2) Such notice shall be published in the Gazette not less than 3 calendar months prior to the proposed date of cancellation unless, in the opinion of the Registrar, special circumstances exist to require earlier cancellation.

Objection.

9. In the event of-

(a) registration being refused in terms of Section 6(1)(b) of this Act; or

(b) notice being given in terms of Section 8,

the applicant for or holder of, a registration may lodge an objection to the Minister within one calendar month of the date of refusal or service of notice as the case may be, and the Minister may uphold or reject such objection or, in the case of cancellation, may vary the date upon which the registration shall be cancelled.

Labelling of containers.

10. (1) All containers containing pesticide imported into, sold, or distributed to consumers in Tonga shall be clearly and durably marked, and each label shall contain the following information-

(a) the word POISON, and an appropriate cautionary statement where the pesticide contains a chemical listed as a poison under the New Zealand Poisons Regulations;

(b) the brand name and percentage by weight of all active chemical ingredients;

(c) the nature and formulation of the pesticide;

(d) any restrictions of use, or safety precautions;

(e) directions for use including the recommended intended uses of the pesticide in Tonga;

(f) minimum safety interval in days from last application until time of harvest or consumption;

(g) direction as to first aid in case of burns or poisoning, including details of appropriate antidote and its use;

(h) instructions regarding disposal of empty containers;

(i) the name and address of the manufacturer and importer of the pesticide;

(j) a citation stating that the pesticide is registered under the Pesticides Act, and including its given registration number.

(2) All labelling requirements pursuant to the provisions of sub-paragraphs (a), (e), (f) and (g) of subsection (1) shall also appear on the label in the Tongan language.

(3) The Registrar may at his discretion and subject to such conditions as he may impose, waive any or all of the requirements of this section if-

(a) compliance is not practicable but he is satisfied that there will be an adequate label fixed before any such pesticide is sold; or

(b) he is satisfied that the pesticide will be used solely for authorized controlled research purposes. (Substituted by Act 46 of 1988)

(4) It is an offence against this Act to fail to comply with any condition imposed by the Registrar under subsection 10(3) or subsection 6(1). (Inserted by Act 46 of 1988)

Offences.

11. Any person who contravenes any provision of this Act, or of any regulation made thereunder, shall be guilty of an offence and shall be liable on conviction to have any registration held by him cancelled and to a fine not exceeding $100 or to imprisonment for a period of one year, or to both such fine and imprisonment, and in the case of continuing offence to a further fine not exceeding $10 for each day or part thereof during which the offence continues.

Regulations.

12. The Minister may from time to time make Regulations for the purpose of carrying out the provisions of this Act.

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SCHEDULE
(Section 5)

FORM I

(Substituted by Act 16 of 1981)

Application form for registration of pesticide. Pursuant to the Pesticides Act, CONFIDENTIAL INFORMATION

Dear Sir:

I, .............................................................................................................

on behalf of......................................................................................................

(name and address of firm or company in Tonga)

do hereby make application for full registration/ provisional registration of the following pesticide which we intend to import into Tonga, and state that the particulars of the pesticide are as follows:

1. Brand name:

2. Other common names, if any:

3. Nature of pesticide:

(i.e. insecticide, fungicide, herbicide, etc.)

4. Formulation:

(i.e. emulsifiable concentrate, wettable powder, etc.)

5. Use:

(a) Crops, animals, or products on which use is proposed:

(b) General and specific pests against which recommended:

1. Submit 5 efficacy studies relevant to the purpose for which the pesticide is recommended in Tonga.

(c) Method(s) of application:

(d) Prescribed application rate(s):

(e) Proposed restriction on time of application:

(f) Safety interval period(s) between the last application and the harvest of the crops.

6. Composition:

(b) Mode of action of each active constituents:

(c) Molecular and structured formulae of each of the active constituents.

7. Residue data:

(a) Nature of residues occurring in or on crops/animals/products treated with the formulation under tropical or sub-tropical conditions:

(b) Submit Maximum Residue Limits as determined by the U.S, NZ, Australia, and at least two other countries:

(c) Information on persistence in soil and water and possible or known breakdown mechanisms.

8. Toxicological properties of each active constituent:

(a) General toxicity to wild life, fish, and bees:

(b) Acute toxicity (give LD50 values on test animals):

1. Oral:

2. Dermal:

3. Respiratory:

(c) Toxicity to skin and possible danger through inhalation:

(d) Symptoms of poisoning:

1. Oral:

2. Inhalation:

3. Dermal:

4. Eyes:

(e) First aid and antidotes:

(f) Note to physicians:

1. Warning signs and symptoms of poisoning:

2. Treatment.

9. Use precautions:

(a) Agents and chemicals with which product is known to be:

1. Compatible:

2. Incompatible:

(b) Flammability:

(c) Corrosiveness:

(d) Stability on storage:

(e) Stability on dilution:

(f) Recommendations for cleaning glassware, measuring, and spray equipment:

(g) Safety precautions for handling and application:

(h) Procedures for both container disposal and disposal or deactivation of the excess pesticide.

10. Package material and pack sizes (dimension and net volume/weight) proposed for import and marketing:

11. Manufacturers name and address:

12. Action by other authorities:

(a) Evidence of registration approval, revocation, or rejection by any statutory body outside Tonga:

List countries for which full registration of this product has been granted:

(b) If rejected or revoked, give reasons.

13. Two copies of the draft label are submitted herewith for perusal. (The word POISON, the type of pesticide, an appropriate cautionary statement concerning the use, handling, and safety of the product, and first aid instructions for burns and/or poisoning must appear in the_. native Tongan Language on each label. The given Tongan registration number must also appear. All other aspects of the label should be in compliance with New Zealand pesticide labelling requirements).

14. Name and address of proprietor/importer:

1. Full registration/provisional granted with no restrictions.
2. Full registration/provisional registration granted with the following restrictions:
3. Registration not granted for the following reasons:
4. Comments:
5. Registration No.

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