Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694875076967.pdf (Guyana)
• GUYANA ACT No.13 of2000 PESTICIDES AND TOXIC CHEMICALS CONTROL ACT 2000 I assent, Jagdeo, Bharrat President 4th September, 2000 ARRANGEMENT OF SECTIONS SECTION PART I PRELIMINARY title I Short 2.Interpretation.

and commencement.

No.

13] LAWS OF GUYANA [A.D. 2000 2 PART II GENERAL 3.

Power of Minister effects and disposal to order the furnishing of particulars of controlled products.

relating to composition, use ESTABLISHMENT PARTIII AND FUNCTIONS OF BOARD and Toxic Chemicals Control Board.

of Board.
of Board.

4.

Establishm ent of Pesticides and procedure 5.

Meetings 6.

Registrar of Pesticides 7.

Functions Board.

of the 8.

Power to delegate.

9.

Power to appoint 10.

Appeals.

committees.

and Toxic Chemicals.

PARTIV REGISTRATION AND LICENCES products.

of controlled 11.

Registration 12.

Licence 13.. Licence 14.

Registration 15.

Regulating 16.

Application 17.

Suspension to manufacture to sell registered of premises controlled licence for registration, licence of registration, products.
or import controlled products.

controlled to store controlled products.

products.

and authorisation.

and authorisation and deletion of entry from register.

18.

Declaration products.

by manufacturer and certificate in respect of imported controlled pesticides.

19.

Prohibited to sell restricted 20.

Authorisation on extennination for reward 21.

Prohibition against 22.

Prohibition 23.

Maintenance of standard.

various pesticides and registration licence.

without of premises.


fonns of misleading representation.

ADMINISTRATION AND ENFORCEMENT PARTY 24.

Staff of Board.

25.

Experts.

26.

Appointment of analysts, inspectors and medical examiners.

A. D. 2000]PESTICIDES AND TOXIC CHEMICALS CONTROL [No.

13 3 of to enter properties, examine, take samples, make copies 27.

Power of inspector documents of articles.

and demand infonnation.

regarding examiner.

28.Power of inspector seizure 29.Power of inspector regarding importation.
30.Power of medical 31.Safety of workers.

32.Regulations.

33.Evidence 34.Offences 3 5.

Offences 36.Jurisdiction.

37.Time limit 38.Prosecution and sufficiency and penalties.

by corporations.

on prosecutions.

by inspector.

of proof.

PART VI FINANCIAL PROVISIONS by Board of Board.

offees and audit.

39.Funds and resources 40.Charging 41.Account 42.Exemption 43.Borrowing powers 44.Discharge 45.Act binds the State.

of functions from tax, duty, etc.

of Board by Minister responsible for health.

No.


13] LAWS OF GUYANA [A.D. 2000 4 AN ACT to regulate disposal the Pesticides therewith or incidental thereto.

the manufacture, importation, storage, transportation, of pesticides and toxic chemicals and to provide sale, use and of for the establishment connected and Toxic Chemicals Control Board, and for matters Enacted by the Parliament of Guyana:.

PARTI PRELIMINARY Short title and cmmnence� ment.

I.
I.

This Act may be cited as the Pesticides Control Act 2000, and shall come into operation Minister by order.

appoint and Toxic Chemicals on such date as the Interpretation.
2.In this Act (a)"active ingredient" means any substance in a pesticide which acts on a pest so as to extenninate by any includes (b)"advertisement" or of promoting for the purpose directly the distribution, of any use or disposal product; means whatever indirectly controlled any ·representation it; (c)"agriculture" of any and storage means the production which is grown for consumption produce purpose and includes forestry and woodland, gardening, husband the use of land for grazing, fish culture, bee culture, market and animal horticulture and nurseries or any other ry; (d)"analyst" under section (e)"antiseptic" substances gennicidal or anti-microbia animal; 26; means any substance or mixture principally for its sold or represented means any person appointed as an analyst l use on the skin of man or or (t)"article" includes (i)any controlled product or is believed that may have been contaminated with a product; pesticide anything controlled (ii)any labelling, or any produce to have been applied, or advertising packaging material to which a used for, or relating to a controlled product; (g)"Board" means the Pesticides and Toxic Chemicals Control Board established 4; means anything (h)"container" under section in which a controlled product is wholly or partly contained or packed; A.D. 2000]PESTICIDES AND TOXIC CHEMICALS CONTROL [No.
13 5 (i)"controlled chemical; product" means any pesticide or toxic (i) "disinfectant" means any substance sold or represented or mixture principally of substances gennicidal or antimicrobial action any substance objects; of substances for its on inanimate (k)"drug" sold or represented or mixture for use in the • mitigation includes manufactured, (i)diagnoses, disease, symptoms (ii)restoring, functions treatment, disorder, thereof, correcting in man.or animal; abnonnal in man or animal; or prevention of a or the state of health or modifying organic (l)"employer'' (m)"extennin means any person who employs ation" means the destruction by means of the use of a pesticide a worker; or control on any land or of or in any vehicle whether on land or any other pests, premises place; (n)"food" includes represented ingredient that(lllay purpose whatever; (o)"fonnulating" any article manufactured, sold or for use � food or drink for man, and any be mixed with food or drink for any means the act of preparing or (p)"importer" in a fonn in which it is sold or for compounding distributed extennination a pesticide to persons using the pesticide purposes; in relation any person who, whether or broker is in possession entitled or control of it; to the custody (q) "inspector" as an owner, consignee, of the article or in any way includes agent to an imported as such under means any person appointed within Protection 2 of the Environmental 26 and includes of section an authorised article, person the section meaning Act 1996; No.
11 of 1996 means any legend, or attached, (r)"label" applied accompanying therefor; included any controlled in, belonging product or a package to or word, mark, symbol or design (s)"manufacture" producing, of a controlled (t)"manufacturer'!
includes preparing, product; the synthesizing, packaging fonnulating, or processing mixing, means a corporation or private sector or function (whether the public the business agent or through contract with it) of manufacturing or any individual directly in or other entity engaged in or through an by or under an entity controlled a controlled product; No.
13] LAWS OF GUYANA [A.D. 2000 6 examiner" means any person so appointed (u)"medical 26; section under, (v)"Minister" means the Minister with who is charged responsibility for agriculture; includes anything in which a controlled (w)"package" product (x)"pest" is wholly includes placed or partly contained, bird, fish mollusc, any insect, rodent, or packed; tes of man, ectoparasites weed, alga, micro-organism, virus, or endoparasites of nematode, fungus; ectoparasi animals and any other kind of plant or animal life which is injurious, undesirable textiles objects, of public undesira or other which are objectionable or hygiene, clothes, health to any crop, stored fabrics or other inanimate produce, feed, wood, troublesome or ble under any enactment relating from the point of view and also anything which is to pest control; means any licensed who assistants applies or agents for a out an extermination person (y)"pest-control operator" by himself pesticides remuneration; or his employees, or carries of plants or animal causing (z)"pesticide" means any substance intended any pest, including of for preventing, or destroying vectors or mixture of human animal species substances controlling unwanted disease, harm during or otherwise production, of food, agricultural and wood products, or animal be administered to animals arachnids term does not include drug; (aa) "produce" interfering with the transport, processing, storage, and industrial feedstuffs or marketing wood commodities, or which may for the control of insects, or other pests in or on their bodies or disinfectant but the any antiseptic, means any crop grown for consumption anything or other use and includes or which may be used in the composition for man or feed for domestic but does not include of food and farm animals, growing crops; ordinarily used (ab) "prohibited pesticide" which the effects on or human beings animals Minister to be dangerous which is so specified means any pesticide of the environment, plants, by the are considered to justify its use, and in the regulations; A.D. 2000)PESTICIDES AND TOXIC CHEMICALS CONTROL [No.
13 7 any person (ac) "Registrar" means of Pesticides to be designated under and Toxic Chemicals Registrar 6; section means regulations made by the Minister pesticide" under section (ad) "regulations" 32; (ae) "restricted specified pesticide pesticides Organisation; (at) "sell" includes means any pesticide as such in the regulations so specified in the list of restricted of the Food and Agriculture or any or any for sale, and distribution; means any disinfectant offer for sale, expose have in possession for sale, chemical" other substance , capable irritating or harmful to man or animal that is used in or for agriculture, the arts, commerce any domestic any other than antiseptic, known to be poisonous, a sensitive or other purpose, drug or pesticide; includes any aircraft, or industry, container of causing corrosive, reaction or (ag) "toxic (ah) "vehicle" vessel; (ai) "worker" handling means a person employed products.
of controlled in the use and PART 11 GENERAL by order, him to exercise his or at any subsequent 3.

(1) For the purpose of enabling under this Act, the Minister may, which includes of a substance functions who at the date of the order, business disposal within Registrar, be so specified the course controlled of that business, products.
importation, of any class specified Power of Minister to every person order the on a furnishing of particulars relating composition use, effects and disposal and use of any such substance, of controlled products.
are used, or sold for use, in the preparation time carries sale or use and in the order to furnish to the as may which in such time as may be so specified, of the composition such particulars the manufacture, require of lo (2) Without order made furnished in respect thereunder prejudice may require that is to say - of any substance, to the generality the following of subsection particulars (I), an to be (a)particulars properties of the composition of the substance; and physical and chemical No.
13) LAWS OF GUYANA [AD.
2000 8 to be used in the preparation of controlled products; is used or of the manner in which the substance (b)particulars proposed ( c)particulars knowledge for the purpose substance, or any as aforesaid, health; of any investigations of the person carried out by or to the on the business in question, the is used and to what extent formed when the substance carrying of determining product whether is injurious to, or in any other ways affects (d)particulars to the knowledge question on the health quantities.
for the purpose of a person of any investigations or inquiries carrying of the person carried out by or on the business in effect the cumulative in ordinary of determining consuming the substance (3) Any person who, of the person carrying without on the business in the previous consent in question, discloses in accordance with an order under this section, or writing furnished particulars information relating to - except particulars, any individual business obtained by means of such (a)in accordance necessary (b)for the purposes for the purpose of this Act; or of any proceedings with directions of the Minister so far as may be of an Act or of any report of such proceedings, offence.
for an offence under this shall be guilty (4) Where a person who is an adult has been poisoned by a it shall product be his duty, if the poisoning controlled the duty of every adult member of his household, to the Chief Agricultural Officer or the Chief Medical to do so shall be an offence punishable dollars of fifteen and imprisonment thousand for two months.
on summary conviction Officer and failure by a fine to report such poisoning was not fatal, and ESTABLISHMENT PARTIII AND FUNCTIONS OF BOARD Establishment of Pesticides and Toxi" Chemi�ls Control Board.

4.

(1) There shall be established for the purposes Board to be known as the Pesticides and Toxic Chemicals Board.

of this Act a Control (2) The Board shall consist of the following members - (a) a representative of the Environmental Agency; Protection A.D. 2000]PESTICIDES AND TOXIC CHEMICALS CONTROL [No.
13 9 (b)representatives of the Ministries and of Agriculture and Health Labour; (c)such number of persons, including governmental or private organisations fit.

Minister thinks from non­ representatives as the agencies sector (3)The number of members of the Board shall not exceed seven.
(4)In respect (2)(a) subsection respective institution, at any meeting to (c), the Minister as an alternate of the Board of each member of the Board referred may appoint to in from the an officer of the member to act instead member, (5)The members of the Board shall be appointed by the Minister for such period of appointment every change not exceeding and the membership thereof in the membership of the Board as first constituted shall be notified and in the Gazette.
in their two year as may be specified letters (6)The Minister shall appoint the Chairman of the Board.

(7)The DeP.uty Chairman shall be elected of the from members Board referred to in subsection (2).

(8)The remuneration of the Board shall of members appointment by the Minister.

and other terms and conditions of be such as may be determined (9)A member of the Board, who is a public in like manner all the powers conferred officer, shall have upon an and may exercise inspector Act.
by this (10)The Minister the Board directions in the performance to such directions.

may, after consultation as to the policy and the Board shall of a general character of any of its functions, to be followed give effect with the Chairman, give ( 11)The Board shall him to verify any information provide to the Minister as will of this in pursuance such facilities furnished enable section.
(12)A member of the Board appointed his office at any time by giving (2) (c) under subsection to the in writing notice may resign Minister through the Chairman.

No.

13] LAWS OF GUYANA [A.O.

2000 10 Meetings and procedure of Board.

5.

(I) The Minister procedure meetings and business of the Board shall of the Board, may make regulations the to regulate at which the meetings.
be held and the quorum for its including the intervals (2) Subject its own procedure to the provisions and business of this Act, the Board may and may make rules for that regulate purpose.

of the Board shall, Board or other person presiding made of a meeting of the proof of any other matter as prima facie evidence (3)Any minutes signed by the Chairman meeting, without further in all legal proceedings Board of which the minutes Board, in made, having of the proceedings and held.
been duly convened respect of the of the have been made and of the meetings so of which the minutes of the proceedings have been if duly at the or thing, be receivable 6.

( 1) The Minister for the purpose of this Act, by notification of Registrar pesticides and Toxic Chemicals.

shall, the Registrar appoint in the Gazette, with the Board, who in consultation he thinks for the proper necessary Act at such remuneration fit.
of Pesticides and Toxic Chemicals may engage such other employees carrying as of this out of the provisions and on such terms and conditions as he thinks (2)The Registrar shall be the Secretary of the Board.
shall - (3)The Registrar (a)keep and maintain necessary, including under this such registers registers as the Board deems of all licences issued kept by him such information by the Board or prescribed as by Act; (b)enter in the registers may be specified regulations; (c)give the inspectors be necessary and and analysts such information as may of this Act; for carrying out the purposes ( d) perform such other duties to him by as may be assigned the Board.
(4)The Board shall pay the Registrar such remuneration and allowances as the Minister fit.

thinks A.D. 2000]PESTICIDES AND TOXIC CHEMICALS CONTROL [No.

13 11 7.

The functions of the Board shall be - Functions of the Board.
(a) to register (b) to license pesticides to import persons and toxic chemicals; pesticides and toxic chemicals; or manufacture registered (c) to authorise persons premises (d) to register to sell restricted in which a restricted may pesticide pesticides; pest control operators; be sold; (e) to license (f) to consider and determine this Act and to deal with all aspects manufacture, sale, for sale, preparation and toxic chemicals and to advise matters (g) to advise the Minister in relation on matters thereto; applications made pursuant to of the importation, storage, transportation, use and disposal packaging, of pesticides of regulations implementation to the making under this Act, and to monitor of these regulations; relevant the the Minister on all (h) to furnish such returns time require; as the Minister may from time to (i) to promote and attendant education dangers and perform and public to health of such other functions on the use of awareness product; conferred a controlled G) to exercise upon it by or under this Act; (k) with the approval provision as it thinks pension, gratuity, service retirement to make such of for the payment appropriate in respect or other allowance of the on their of its officers and other employees of the Minister, therefrom.
8.

(I) Where under this Act any power, in the Minister, that power, to or vested the President, delegate Officer of the Environmental of the Ministry, requirements subject as the Minister he may in writing, duty or authority is granted Power 10 subject to the approval of delegate.

to the Chief Executive duty or authority Protection Agency or any officer or officers to such limitations, restrict ions, conditions and may set out in the delegation.
(2)The Board may, with the approval the power and authority as the Board may determine.

any of its members of its functions of the Minister, to carry out on its behalf to delegate such No.

13] LAWS OF GUYANA [A.O.

2000 12 Power to appoint committees.

9.

(I) The Board may appoint such committees as it thinks fit.

(2)A committee appointed by the Board under subsection (l) may consist members and other persons.
only of the members of the Board or may consist of such (3) Subject and procedure shall be detennined to the provisions of a committee by the Board.

functions the Board, of this section, appointed under subsection (I) by the constitution, ( 4)Where persons, of a committee appointed persons not being members under subsection or allowances such remuneration are members (I), the Board may pay such fit.

as the Board thinks of the Board, Appeals.

IO.


Any person aggrieved to the Minister appeal manner as may be prescribed.

against such decision within by any decision of the Board may such time and in such PARTIV REGISTRATION AND LICENCES Registration of controlled products.

l l. No person shall manufacture, product unless import, such product use, store the is registered in advertise, sell, or transport prescribed any controlled manner.
12.No person shall manufacture, or import any registered to Licence manufacture or import controlled products.

controlled licence and shall product unless he first obtains manner a in the prescribed to manufacture, or import as the case may require, comply with such conditions as may be stipulated that product, in the licence.

to Licence sell registered controlled products.

13.
13.

Any person wishing from the Board a licence him to sell registered as may be and shall comply with such conditions to sell a registered entitling controlled product shall obtain controlled stipulated products, in the licence.

Registration to of premises store controlledi products.

quantities, is registered unless as prescribed.

14.
14.

(I) No person shall store a controlled product the premises in which the controlled products are in marketable stored, (2)A person is deemed to store a controlled quantities of a controlled occupied than would reasonably product in by him larger be necessary when there are on premises product for marketable quantities his domestic use.

A.D. 2000]PESTICIDES AND TOXIC CHEMICALS CONTROL [No.
13 13 15.No person shall manufacture, import, quantities, dispose does so in the prescribed for the controlled Regulating controlled products.

manner and where there is available handle, a controlled use, store in product or an antidote product such person can make available has been when the antidote of or transport therefor unless marketable the person an antidote manufactured necessary.

or sell a registered may be sold, or in which a controlled of a controlled Applicat ion for registration controlled .
licence and for · authorization.

product, of the premises for registration pesticide, pesticide, to manufacture, is stored operator, 16.
(I) Every application for the registration import or use a controlled quantities in marketable shall be made on the prescribed for a licence for a pennit to purchase to sell a restricted Product, product, authorisation in which such restricted product control accompanied the Board may grant any such application this Act, fit, may refuse any such application, as it thinks conditions time after an application authorisation such licence, shall thereof has been granted, or pennit issued pursuant certificate, revoke to that applica or pennit is revoked, of making be given a reasonable authorisation by the relevant prescribed fee.
Subject opportunity but before any fonn and be to the provisions of on such tenns and and may at any or for registration the holder as a pest tion, representations.

any licence, certificate, (2)The Registrar shall to this section issue to every person is granted, or authorisation or or pennit, as the case may whose application licence the appropriate of registration made pursuant certificate require, in the prescribed fonn.

17.
(I) If any person who has obtained any registration, licence, of or pennit pursuant by the to this Act, is found upon enquiry Suspension registration, licenc.e and authorisation or pennit, authorization false or fraudulent and deletion of entry from either that suspend the Board may after investigations, register, as the case may be, for a licence, such registration, of any misleading, authorisation Board to have procured as the case may be, as a result representation, registration, licence, not exceeding period entry from the appropriate authorisation one year or direct the Registrar the relevant register: or pennit, to delete Provided authorisation making representations direction licence, that the holder of such registration, of opportunity or or pennit is given a reasonable before any such suspension is effected.
to delete No.

13] LAWS OF GUYANA [A.D.2000 14 (2)The Board may at any time, if necessary from a register any entry direct (I) to be to subsection pursuant which has been deleted reinstated.

(3)The Board may, as soon as practicable after - (a)any registration, licence, been suspended or deleted authorisation or permit has or from a register; (b)the re-instatement authorisation register, published licence, of any registration, or permit which from a was deleted fact to be cause notice in the Gazette.
of the appropriate (4)Whenever any registration, licence, the Board may in writing deleted from a register, whom such registration, licence, to return to the Registrar authorisation with the requirement.

authorisation certificate be, and such person the relevant as the case may or permit require authorisation or permit the person is to or permit had been granted shall comply licence, of registration, D1.
:cl:natio11 b:, manufacturer mid certificate i11 respcc..·t irnporlcd ctmlrnllcd 1nodm:ts ot product shall controlled the product accordance with comply with any such order is guilty in question 18.

(I) The Minister may order that the manufacturer of any form that in the prescribed furnish a declaration all requirements of this Act, and any person by him has been made in to who fails as manufactured of an offence.
by the regulations, (2) Except as provided shall be imported into Guyana unless in which it was manufactured the product product to the law of the country accompanied prescribed known requirement by a certificate from the Regulatory form and manner that of the law of that country.

the article does wholly no controlled conforms or produced and is Agency in the any not contravene Prohibited pesticides.

19.

(I) The Minister Board, for the purposes specify shall not be brought into or used in the country.
by order, shall, of this Act the prohibited after consultation pesticides with the which (2)The Minister may, by order from time to time, after consultation pesticides.

with the Board amend the list of specified prohibited (3)An order made pursuant to subsection from sale or use, and for the disposal for of, any pesticide (2), may provide the withdrawal added to the list of prohibited pesticides.

A.D. 2000)PESTICIDES AND TOXIC CHEMICALS CONTROL [No.

13 15 20.
13 15 20.

( l ) No person shall (a)he is authorised (b)the premises pesticide - sell restricted unless in the prescribed to do so; manner in which the sale is carried the prescribed registered in out has been Authorisation to sell restricted and pesticides of registration premises.

(c)the sale is carried out manner for the purpose; in accordance and with other requirements as may be prescribed.

Board specify the restricted shall, pesticides.

(2)The Minister by order, after consultation with the 21.
( l) No person shall unless for reward an extermination by the Board in the prescribed employee of such operator.

engage he is licensed manner or, subject in or perform or offer to perform as a pest control operator to subsection (2), is an Prohibition on extennination for reward without licence.
as an employee (2)No person shall serve for the purpose of carrying with the regulations of a pest control out an extermination unless he of pest to employees being in force relating operator complies control operators.

22.

(I) Any person any controlled or is likely or advertises or deceptive, value, character, with the information for registration, quantity, is guilty supplied of an offence.
labels, treats, who packages, product Prohibition in a manner that is false, misleading against fonns of regarding impression misleading representation.

its or is inconsistent an erroneous merit, to create composition, , sells processes or safety, various to the Board at the time of the application (2)A product that is not labelled or packaged by as required the regulations, be deemed to be labelled or packaged or packaged or is labelled contrary to subsection ( 1 ).
contrary to the regulations shall 23.Where a standard who labels, any person manner that it is likely complies article sells packages, to be mistaken with the prescribed or advertises any article for such product, in such a the is, unless standard, guilty of an offence.

has been prescribed product for a controlled Maintenance of standar d. ADMINISTRATION AND ENFORCEMENT PARTY 24.The .Board may employ at such remuneration and on such staffofBoard.

other terms and conditions employees its functions.
as it thinks as the Board deems necessary fit such officers and other for the purpose of carrying out No.

13] LAWS OF GUYANA [A.D. 2000 16 Experts.

25.The Board may, at any time, retain (including the services consultants) and having specialized of experts persons other professional to the Board's knowledge such remuneration thereof Minister, in respect may determine.

relevant functions as the Board, and may pay such persons of the with the approval Appointment of analysts, inspectors medical examiners.
and 26.

(I) The Minister proper persons purposes in the Gazette of this Act and notice and shall be officially to be analysts, may appoint such number of fit and inspectors and for the examiners medical of any such appointment shall noticed.

and judicially be published (2) The Minister shall furnish every person by appointed him under subsection ( 1) with a certificate of his appointment.

27.
27.

(I) Any inspector may, for the purpose under this Act or the regulations, of exercising enter at any reasonable any of time - his powers to Power of inspector enter properties.

examine, take samples, make copies of do,;u­ ments and demand infonnation.
(a)any vehicle - (i) in which an extermination is about to be, is being or has been carried out; (ii)in which a controlled product or has been transported; is about to be, is being or (iii)in which he has reasonable this Act or the regulations been committed; - (b)any land or premises cause to believe is about to be, is being or has a breach of (i)in which an extermination is about to be, is being or has been carried out; (ii)on which a controlled product is being or has been, or is about to be used, manufactured, disposed kept for sale or or has been, or is about to be used for a of; sold, packaged, stored, (iii)which is being, purpose packaging, connected or storage with the use, manufacture, of a controlled sale, by the regulations (iv)on which things provided required or done have been provided (v)which he has reasonable or done; or to be land or cause to believe premises failing within or (iv) (iii) sub-paragraph (ii), and may make such examinations and enquiries may deem necessary; as he product; to be (c)open and examine premises he reasonably any receptacle mentioned contains or package in paragraphs any controlled found in any (a) and (b) that product; or vehicle believes A.D. 2000]PESTICIDES AND TOXIC CHEMICALS CONTROL [No.
13 17 (d)examine documents or other records found in any any books, place mentioned grounds information thereof copies in paragra he believes relevant or extracts therefrom.
phs (a) and (b) which on reasonable contain or are likely to the enforcement any of this Act and make to contain to which he reasonably trial investigation, for so long as may be necessary for the any or inquiry, (e)seize and detain purpose article believes (f) take without article submit (g)take without of any examination, by means of or in relation any provision samples payment, is being sold, used or transported them to any analyst payment into Guyana but not delivered of the Customs analyst where such or is in storage, or examination; when imported out of the charge them to an of this Act has been contravened; of any article of any article to the importer Department for analysis for analysis and submit and Excise samples and (2)For the purpose (I) the expression ''article to or examination.
of subsection - or toxic chemical; (a)any pesticide (b)anything or storing ( c)any labelling used for the manufacture, and thereof, formulation, package or advertising material.

which the Act applies" includes pursuant appointment (3) An inspector to subsection to the person in charge on entering a vehicle, produce land or premises of his certificate (l) shall if so required, thereof.
(4)An inspector any vehicle, may, if he considers land or premises a public officer, a medical practitioner, of the use or effects who possesses in subsection and inspector of mentioned health it necessary, knowledge expert take with him when entering (l)a police any person pesticides and toxic chemicals.
(5)The owner or person by an inspector of any land, premises or to subsection (I), and every pursuant in charge shall give the inspector furnish him such information assistance in all reasonable in their possession as entered found therein, vehicle person their power and shall require.

he may reasonably who - (6)Any person (a)fails to comply (b)obstructs with subsection (5); in the carrying an inspector out of his duties under this Act; No.

13) LAWS OF GUYANA [A.O.


2000 18 makes any false or misleading to any inspector statement in or in writing engaged verbally (c)knowingly either carrying (d)removes, out his duties alters under this Act; or or interferes seized under this Act without inspector of an offence.
I is guilty in any way with any article of an the authority (7)(a) An inspector may submit an article seized or any sample taken by him to an analyst by him or any for analysis or sample therefrom examination; (b)Where an analyst has made an analysis setting or examination forth the results or report he of certificate shall issue to the inspector a or examination.

his analysis Power of inspector ing seizure articles.

28.
28.

(I) Any article be kept or stored inspector may at the direction under this Act may at the option of an or place.

or place where it was seized to any other proper be removed of an inspector in the building seized regard­ of (2) Where an article under this Act, the inspector shall give to the owner or the person the time of the seizure, written article might reasonably the regulations.
notice and where appropriate, was seized the article was at upon which the what specify in such notice of this Act and be done to comply with the provisions is seized in whose possession of the grounds under subsection (2) shall be given to the (3)A notice or each of the persons person personally to such person of abode or business premises of such person the notice, circulation in Guyana.
by publishing entitled to receive or sending it by registered the same by delivering post to his usual place it premises, or, if the usual place of abode or business is not known or if the person the notice in one newspaper refuses to receive having daily ( 4) Where proceedings contravention of or destroyed released have been instituted of a the article this Act or the regulations, are finally before the proceedings seized concluded.

in respect shall not be Power of inspector regarding importation.

29.
29.

(I) An inspector products the samples of controlled and to submit any customs into Guyana and to take samples entries thereof or examination.

has the right to examine for analysis to an analyst imported A.D. 2000]PESTICIDES AND TOXIC CHEMICALS CONTROL [No.

13 19 (2)In any case where samples to the importer shall are taken such products upon the has reported until the analyst not be delivered taken.
samples (3)If it appears from the report of the inspector or the analyst the sale of the product - (a)would be in contravention shall not be admitted of this Act if sold in Guyana, in Guyana for use as a the product controlled product; (b)would not be in contravention product subject of this Act if sold in to the provisions Guyana, the any other law, be admitted product.
controlled shall, of in Guyana for use as a this Act when thereto shall release ( 4)An inspector he is satisfied that all the provisions with.
have been complied any article seized by him under of this Act with respect has seized (5)Where an inspector the owner thereof time of seizure therefrom disposed or the person consents under this Act and an article in whose possession the article or otherwise there-of, the article to the destruction was at the be forfeited of as the Minister to the State aAd may be destroyed of the Board.
on the advice may direct shall (6)Where a person has been convicted of an offence against this Act, the court may order that all articles offence was articles disposed shall be forfeited of as the Minister to the State and may be destroyed on the advice may direct in respect and upon the order being of which the made, the be forfeited, committed of the Boitrd.

or otherwise 30.

(I) A medical manner all the powers conferred upon an inspector by this Act.
examiner in like shall have and may exercise Power of medical examiner.

(2) A medical of any person product examiner who he reasonably or is exposed may with the oral or written believes has been harmed by a to any risk or harm by any controlled carry out a medical urine or any biological examination material of that person from that person.
and take samples consent controlled product, of blood, (3) A medical examiner may request with poisoning suspected any medical to have been to assist practitioner by a controlled caused him in dealing product.

No.

13] LAWS OF GUYANA [A.D. 2000 20 Safety of wori<ers 31.

(I) Where it appears to the Board that any controlled at the place of employment injury specifying product bodily writing risk of bodily injury and date to be specified in the notice.
requiring to him, the Board may serve on the employer which should the measures be adopted to be carried to remove the out before a to cause risk of in a notice the measures of any worker is likely (2) The Board may in writing give directions to any employer- (a) by notice before a specified manner at his place of business, a date, in a warning to cause poisoning, or are likely products or explosions, to exhibit conspicuous that controlled bodily injury, such fonn as may be specified to take such special necessary of health, age particular to provide as prescribed and the notice by the Board; precautions to protect workers who because or other circumst risks of poisoning medical periodical by-regulations.
as it may deem of their state to ances are subject by controlled examinations products; of workers shall be in (b) (c) (3)All medical examinei:s submit to the Board on a quarterly (accidental patients chemicals.

for poisoning and oilier medical basis reports and deliberate) practitioners shall of and toxic on the treatment by pesticides Regulations.
32.The Minister may make regulations and provisions prejudice to the generality of this Act into effect, (a)prohibiting of the foregoing, may or controlling for carrying and, in particular, the purposes but without make regulations the manufacture, importation, method of packaging, advertisement, product; sale, use and disposal of any controlled labelling, transportation, (b)for controlling generally, controlling commerce, arts, purposes; or in particular, the use of toxic chemicals the use of pesticides on crops or pests, and for the in agriculture, or for any domestic in agriculture industry, or other ( c)for controlling the pesticides on produce during its storage or transporting; (d) for controlling the conditions under which controlled products are stored; A.D. 2000]PESTICIDES AND TOXIC CHEMICALS CONTROL [No.
13 21 workers products ( e)for protecting controlled the use of controlled or in any premises have been or are being used, stored against when working products on or in which controlled by with on land or when working products the risk of poisoning in connection or manufactured; (f) for protecting of owners, or users the interest on or in of land or premises adjacent which controlled manufactured; to land or premises are used, stored or products occupiers, (g)for protecting or persons against the risk of poisoning other injury (h)prescribing product products; by controlled level of any the maximum permissible at kind of produce in any particular controlled or sale; the time of marketing of controlled the quantities or manufactured in which controlled (i)respecting may be imported packages transported packages stocks of controlled containing controlled after use and as to the disposal products products; and inspection of such or sold and as to the disposal of unwanted which products and the types of may be imported, (j)requiring of records and the and the use or of returns of sales, ihe keeping products stocks, and of waste materials and other relevant of controlled products furnishing disposal information; or prohibiting (k)restricting or classes products restrictions (I)imposing the use of particular products; and obligations of controlled on pest control, controlled operators; (m)imposing duties themselves on employers and on others on the using controlled or workers, workers products; (n)requiring or manufacturers, by employers, in good order and the by an inspector of facilities the provision and the keeping when required and equipment, and of other things workers, production clothing cleaning, clothing, persons, controlled products, therefrom; contamination the manner and contents of any of a controlled of protective for washing and needed for protecting by from contamination of sources advertisement or for removing and equipment product; (o)prescribing No.
13] LAWS OF GUYANA [A.O.
2000 22 (p)prescribing any controll ( q) requiring the method of packaging ed product; the provision and keeping in good order and and labelling of use of facilities for poisoning by controlled products; for preventative and first aid treatment employers to provide, (r)requiring workers of any machine, pursuance of this Act; for and the necessity and training in the use in provided or facility apparatus to submit to, instruction to report to the Board cases of caused by incapacity, or illness injury, (s)requiring employers death, poisoning, any controlled product; (t)prescribing standards of controlled product premises where controlled manufactured, material coming sold or stored, from such premises; and setting that may be present limits products are used, or in water or in waste as to the amount in the air of the observance by controlled of precautions products, against the including and the use of tobacco from eating, drinking (u)requiring poisoning abstention in circumstances (v)for securing intervals involving the risk of poisoning; between or to controlled limitation of products of periods to minimize exposure of workers risks of poisoning; (w)requiring importers, manufacturers and distributors provide education controlled and training and products; any other matter which is required to be under this Act.
prescribed (x)regarding to for the safe use of Evidence and sufficiency of proof.

33.
(l) A certificate of an analyst stating that he has examined of this Act and stating or sample for the purposes or analysis, or a certificate shall be admissible of a medical for a in evidence of this Act and shall be prima facie evidence of the an in the certificate; is called as an expert, the party if in any such proceeding him shall, in a prosecution or report calling an article of his examination or analysed result examiner contravention statements contained analyst magistrate having been otherwise so called.
unless the by his pay all costs occasioned expressly orders, the (2)Proof that a package bore a name or address Act applies the person by whom it was manufactured purporting to be the name or address or packaged is 2rima facie to which this of containing any article A.D. 2000]PESTICIDES AND TOXIC CHEMICALS CONTROL [No.

13 23 evidence was manufactured appeared on in a prosecution or packaged the package.
for an offence against by the person this Act that the article whose name or address (3)In a prosecution or an extract for an offence against therefrom or record certified to be a true copy this Act, a copy of any document by the inspector the proceeding who made it pursuant as prima facie evidence 27(1)( to section of the contents thereof.
d) is receivable in for an offence against (4) In a prosecution proof of the offence to establish or agent of the accused whether • sufficient employee has been prosecuted subsection, presumed any person to be employed selling to sell.
this Act it is that it was committed by an or agent or not the employee of this to sell shall be and for the purposes employed or ostensibly for the offence; or uses a controlled product of this Act or the regulations; or prevents obstructs intimidates, of his duties an under this Act or Offence and penalties.

34.
(I) (a) who - is guilty resists, in the execution of an offence A person sells imports, manufactures, in contravention assaults, inspector the regulations; bribe, by any gratuity, or attempts prevents out his duties carrying alter removes, seized inspector; or interferes (b) (c} (d) or other inducement promise to prevent under this Act or the regulations; in any way with any articles an inspector from under this Act without the authority of an imposed (e)fails to comply with any requirements 27; inspector by an under section as a pest control or in breach operator in contravention of subject to of any condition (f) operates was granted to him under the the regulations, which a licence regulations; (g)fails to keep any record the regulations; to keep by which he is required (h)wilfully makes a false entry in a register, kept or furnished return, record, in pursuance of the or other document regulations, (i)being an inspector or wilfully makes use of such false entry; or other officer designated under this Act he accepts appointed in connection of any of his functions with any matter arising to this Act; pursuant or solicits in the perfonnance or any bribe No.
13] LAWS OF GUYANA [A.O.

2000 24 (j) conceals or prevents any person from appearing before an inspector 27; under section or recklessly either orally or in writing makes any false or misleading to any inspector (k)knowingly statement engaged in exercising regulations; his power under this Act or the (I)contravenes any provisions of this Act or the regulations.
(2)Any person who commits an offence against this Act is - liable (a)on summary conviction for a first offence to a fine of not for and for a subsequent less than five thousand dollars three months, not less than twenty-five than two hundred for six months; (b)on conviction and to imprisonment offence to a fine of dollars and not more and to imprisonment thousand dollars to a fine of not less than thousand fifty thousand thousand dollars upon indictment dollars and to and not more than five hundred imprisonment for three years; (3)A person convicted to any other penalty imposed, of an offence under this section may, be disqualified a licence, for such period as in respect of thinks fit, from obtaining in addition the court or magistrate any activity relating to controlled products.
Offences by corporation.
35.Where an offence against this Act is committed manager, any person who at the time of the commission secretary to act in any such capacity, corporate, was a director, purporting offence, unless he proves that the contravention consent the commission to the nature of his functions and that he exercised or other officer thereof, shall be deemed to be guilty or was of that his took place without of the offence as he ought to have exercised all such diligence or connivance in that capacity having regard to prevent and to all the circumstances.
by a body of the offence Jurisdiction.

for an offence against the Act may be instituted, 36.A prosecution heard, tried or detennined committed which the accused is apprehended or the subject matter in the place in which the offence was arose or in any place in of the prosecution or happens to be.

Time limit on prosecutions.

.

3 7.

A prosecution regulations the subject for a contravention at anytime may be instituted arose.
matter of the prosecution of this Act or the within six months from the time ' A. ,:O •.

2000) PESTICIDES AND ··· -· -"' " �----.. ,_ .. - - - ---- --- -- 1'd.Xl(}'Cfii:MICALS CONTROL ,,";_.

________ -- .--·-- .. --.,.,, 1 �[No.

13 25 t ' .

.

.

!

;.

: ! '

!

i } �-,, .

Al\ J,i.speRWt �Y inssitu� .

.. .

i, WlS ROwer,to court ofsurpm8l)'jW.i�dic;�n,'1Je by 'him.

so instituted t .

: • • • ( � � .

i ( / : e, proc;eredings un�er this Jtct .�fore a Prosi:cuiion by inipector.
.C�\\Ct <\l,lY pi;o�edings, ' ' > ' � ' .

FINANCIAL ,, ! '

.

PROVJSIONS .

.

PA�T VI, ,.

, , 39 .

The funds and resources (a)such sums as may be provided an appropriation (b)such fees as may be charged of the Board shall consist ef - to the Board by or under by the Board for services Funds and reSOW'Ces of Board.
law; rendered by it; (c)such moneys or other assets as may accrue to or vest in the Board by way of grants, subsidies, donations or gifts; and bequests, ( d)all other sums or property which may in any manner be in,.

the or in respect of received Board in the perfonnance thereto.

any matter by, or become payable of its functions incidental to, or be vested 40.The Board may charge fees for any services rendered by it under this Act Charging of fees by Board.

41.
41.

( l ) The Board may for the purpose of carrying out its account or under this Act, open and of account operate any current savings or banks in Guyana.

with any bank functions any type Account and audit (2)The Board shall keep accounts of its transactions.to the annually shall be audited by satisfaction appointed an auditor and the accounts by the Minister.
of the Minister (3)The members, officers documents, cash and securities shall grant to the auditor books, on request all such infonnation relation to the operation of the Board.
appointed and other employees under subsection (2) access of the Board and shall give to him in of the Board to all as may be within their knowledge that the (4)For the removal of doubt it is hereby declared of this section are without General under the Financial prejudice Administration to the powers of the and Audit Act to audit provisions Auditor the accounts of the Board.

Cap.

n:01 No.

13] LAWS OF GUYANA [A.O.

2000 26 Exemption from tax, duty etc.

42.


( I) The Board shall be exempt under the lncotne Customs Tax Act, import or export Act, and consumption tax under the Consumption Tax frotn the payment of income duties of customs under the Act.

tax Cap.

81:01 Cap.

82:01 Cap.

80:02 (2)The Minister to affirmative be subject shall the Board from payment wholly to in subsection tax or duty referred payable under any written responsible resolution or partly law for the time being in force.
of any tax or duty, not being a (I) or rate, levy or other charge for finance of the National Assembly which may, by order, exempt Borrowing powers of Board.

sums required of its functions.

borrow 43.The Board may, with the approval of the Minister, any any of its obligations by it for meeting or discharging Discharge of functions by Minister responsible for Health.

44.Where in this Act a function properly a public operation President, officer in his Ministry.
the functions falls within officer in the Ministry with the Minister be discharged of the Minister of the Minister of Health, responsible or the Board also or for health may, in co­ such functions or the Board and with the approval of the by the Minister responsible for health or a public Act binds the State.

45.This Act binds the Slate.

Passed by the National Assembly rd August, 2000. on 3 Clerk of the National Assembly FA.

Narain, (BILL No.

12/98)