Pesticides Management Act, 2019

Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act shall be called the "Pesticide Management Act, 2076 (2019)".

(2) This Act shall commence immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Centre" means the Plant Quarantine and Pesticide Management Centre pursuant to Section 14.

(b) "Domestic pesticide" means a pesticide prepared from plant-based and natural sources including cow dung, milk, etc., at the farmer level for household and commercial purposes.

(c) "Pesticide" means an organic, botanical, biological, and chemical substance used to protect plants, agricultural products, forest and forest products, organisms, birds and animals, human health, storage, packaging, and construction works from diseases, insects, mites, nematodes, weeds, rats, etc., causing harm, and the said term also denotes the following substances:

(1) Substances that reduce the growth of harmful organisms by preying, acting as predators, acting as parasites, causing disease, and substances that attract or repel such organisms (pheromones, attractants, repellents, deterrents),

(2) Substances that affect the normal growth and reproductive function of harmful organisms (insect growth regulators, inhibitors),

(3) Substances that control the growth of harmful plants (plant growth inhibitors),

(4) Substances that remove leaves and foliage (defoliants),

(5) Substances that reduce moisture and cause drying (desiccants),

(6) Substances that thin fruit numbers (thinning agents),

(7) Substances that control problems including premature fruit drop,

(8) Substances used for disinfection in laboratories related to agricultural crop and agricultural product production (disinfectants).

(d) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.

(e) "Inspector" means a Pesticide Inspector appointed pursuant to Section 24.

(f) "Prohibited pesticide" means a pesticide whose production, formulation, export, import, registration, sale, distribution, or use is banned due to adverse effects on human health, animal health, and the environment.

(g) "Chief" means the Chief of the Centre pursuant to Section 16.

(h) "Plant" includes living or propagative plant parts such as stems, branches, buds, grafts, bark, roots, leaves, fruits, flowers, seeds, and germplasm.

(i) "Ministry" means the Ministry of the Government of Nepal looking after agricultural affairs.

(j) "Adulterated pesticide" means a pesticide that contains less or more of any active ingredient required, has added substances that reduce the pesticide's efficacy, or does not possess the quality, quantity, or characteristics as mentioned in the pesticide label.

(k) "Plant product" means a substance made from plant stems, branches, buds, grafts, bark, roots, leaves, fruits, flowers, seeds, and the said term also denotes dead plants or any part thereof.

(l) "Active ingredient" means biologically or chemically active ingredient (technical material) present during the formulation and production of a pesticide.

(m) "Committee" means the Pesticide Management Committee pursuant to Section 11.

(n) "Listed pesticide" means a pesticide prescribed by the Government of Nepal by registering and publishing a notice in the Nepal Gazette pursuant to this Act.