### Pesticides Regulations 《除害劑規例》

13. Storage and transport
A licensee shall not store, or transport or consign for transport, any registered pesticide except in a container which is impervious to that pesticide and sufficiently strong to prevent leakage from the container arising from the ordinary risks of handling and, where it is being transported, transport and which is labelled with the word “POISON” and the characters “毒藥” and the trade name and, if any, the common name by which the pesticide is known.
(L.N. 422 of 1990)

14. Sample container to be supplied to Director
The Director may require an applicant for registration of a pesticide to supply him with a sample of the container in which the pesticide is to be stored, sold or supplied.
(L.N. 422 of 1990)

15. Approved containers
The Director may give approval to a type, design or colour of container to be used for any registered pesticide or class or type of registered pesticide and may assign thereto an identifying number or mark.
(L.N. 422 of 1990)

16. Restrictions on sale, supply and advertisement
(1) A licensee shall not—
(a) sell, or offer or expose for sale, or supply any registered pesticide, the active ingredients of which differ materially from the particulars supplied under regulation 3(1)(b) or from the particulars stated on the label; or
(b) sell or offer or expose for sale, or supply, as a registered pesticide, a product which—
(i) is decomposed or deteriorated so as to be ineffective or dangerous; or
(ii) is packaged in a container which has deteriorated or is damaged so as to be dangerous in storage or use.
(2) No person shall—
(a) advertise any pesticide which is not registered under the Ordinance;
(b) advertise any registered pesticide in a manner that is false, misleading or deceptive or not in accordance with any condition imposed on the registration of that pesticide under the Ordinance.
(L.N. 422 of 1990)

17. Director may issue directions relating to scheduled pesticides and other unregistered pesticides
(14 of 2013 s. 25)The Director may issue to a permittee such directions as he may think fit relating to—
(a) the storing or keeping of scheduled pesticides or other unregistered pesticides;
(b) the containers in which scheduled pesticides or other unregistered pesticides are to be stored or kept;
(c) the labelling of such containers; and
(d) the transport of scheduled pesticides or other unregistered pesticides.
(L.N. 422 of 1990; 14 of 2013 s. 25)

### Pesticides Regulations 《除害劑規例》

19. Offences and penalties
(1) Any person who without reasonable excuse fails to comply with regulation 8(2) or 9(2) or with any requirement under regulation 14 commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 6 months.
(2) Any person who contravenes regulation 10, 11, 12, 13 or 16 commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 6 months.
(3) Any permittee who fails to comply with any direction of the Director under regulation 17 commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 6 months.
(14 of 2013 s. 26)

### Pesticides Ordinance 《除害劑條例》

1. Short title
This Ordinance may be cited as the Pesticides Ordinance.
(Amended 79 of 1990 s. 3)

### Pesticides Ordinance 《除害劑條例》

3. Application
(1) This Ordinance does not apply to a pesticide that—
(a) is in transit; 
(b) is not a scheduled pesticide and is transhipped in Hong Kong; or 
(c) is a scheduled pesticide and is air transhipment cargo. (Replaced 14 of 2013 s. 4)
(2) (Repealed 79 of 1990 s. 5)(3) For the purposes of subsection (1)(a), a pesticide is in transit if it is destined for a place outside Hong Kong and is passing through Hong Kong on the same ship, aircraft or vehicle without transhipment. (Amended 14 of 2013 s. 4)
(4) In this section—
air transhipment cargo (航空轉運貨物) means an article in transhipment that is both imported and consigned for export in an aircraft and which, during the period between its import and export, remains within the cargo transhipment area of Hong Kong International Airport; 
cargo transhipment area of Hong Kong International Airport (機場貨物轉運區) has the meaning given by section 2 of the Import and Export Ordinance (Cap. 60). (Replaced 14 of 2013 s. 4)
(Amended 79 of 1990 s. 5)

### Pesticides Ordinance 《除害劑條例》

3A. Ordinance applies to Government etc.
(1) This Ordinance applies to the Government. 
(2) Despite subsection (1), the Government—
(a) is not liable to be prosecuted for an offence under this Ordinance; and 
(b) is not required to pay any prescribed fee. 
(3) If the Director has reasonable grounds to believe that there has been or is a contravention by the Government of this Ordinance, the Director must report the matter to the Secretary for Environment and Ecology. 
(4) The report must contain the advice of the Director on—
(a) whether the contravention has been terminated; and 
(b) if the contravention has been terminated, whether it has been terminated to the Director’s satisfaction. 
(5) On receiving the report from the Director, the Secretary for Environment and Ecology must enquire into the matter to which the report relates. 
(6) If the enquiry shows that there has been a contravention referred to in subsection (3) and the contravention is likely to be repeated, the Secretary for Environment and Ecology must take the best practicable steps to avoid the recurrence of a like contravention. 

(7) If the enquiry shows that there is a contravention referred to in subsection (3) and the contravention is continuing, the Secretary for Environment and Ecology must take the best practicable steps to stop the contravention.
(Added 14 of 2013 s. 5. Amended L.N. 144 of 2022)

4. Register of pesticides
The Director shall maintain a register of pesticides in which—
(a) Part I shall contain a list of all pesticides which are in a form ready for immediate use without going through any treatment or process and which are for general domestic use; and
(b) Part II shall contain a list of all other pesticides.
(Replaced 79 of 1990 s. 6)