2023 Laws of Puerto Rico › TITLE TEN - Commerce (§§ 1 — 4196) › Subtitle 1 - Regulation of Business Generally (§§ 1 — 998q) › Chapter 43 - Economic Poisons or Insecticides (§§ 976 — 976n) › § 976j - Functions and powers of Secretary

(1) He shall promulgate the necessary regulations for the implementation of this chapter, establishing the requirements as to equipment and minimum facilities necessary for the safe application of economic poisons; for the protection of the health of those employed in the application and use of insecticides and/or economic poisons for profit in Puerto Rico, and of such persons as may be residing or may happen to be found where the same are applied; Provided, That such power shall in no way impair any others that the Secretary of Labor and Human Resources may have for safeguarding the protection of workers; for determining the minimum requirements that must be met by persons who apply for a license to engage in the application of insecticides and/or economic poisons, or in economic fumigation, as to academic training, experience, ability and skill in the practice of applying economic poisons, as well as of the persons thereby employed to apply economic poisons, and the manner in, and conditions and circumstances under which, insecticides and/or economic poisons shall be used or applied in Puerto Rico.
(2) He shall issue licenses to persons engaged in the application of economic poisons and/or insecticides for profit, provided the applicants meet the requirements of this chapter and of the regulations which the Secretary may promulgate.
(3) He shall keep a register of all persons to whom licenses have been issued. Such register must contain information concerning the number of employees of every licensee and the names and addresses thereof.
(4) He may submit every license applicant to a written examination covering all such subjects as may be reasonably related to the activity of applying economic poisons.
(5) He may inspect the lands, buildings, structures and properties where economic poisons and insecticides have been applied or sprinkled. He may, also, inspect the books, records and any other material, equipment, implements and utensils of the persons possessing a license pursuant to this chapter for the purpose of determining if the requirements and minimum facilities established by regulation, as well as the other requirements established by law, have been or are being satisfactorily complied with.
(6) He shall require that authentic proof be submitted to him of the registration of the economic poisons established by § 1002 of Title 5.
(7) He may, after notification and hearing, deny, suspend or revoke any license referred to in this chapter whenever he finds that the requirements established in this chapter or the regulations promulgated thereunder have not been complied with.
Any applicant or licensee who has been or believes that he has been prejudiced by the decision of the Department of Health, denying, suspending or revoking a license, as the case may be, may, within the term of thirty (30) days after the decision has been notified, appeal to the Court of First Instance of Puerto Rico. The appeal shall be taken in writing and filed with the court, giving notice thereof to the Department of Health, and shall be accompanied by a paper containing a specific and brief exposition of the error or errors alleged to have been committed in the decision of the Department of Health.
Once notified of the petition for review, the Department of Health shall submit to the court a certified copy of the record and its decision, including the transcription of the hearings on which its decision was based. The finding of fact of the Department of Health shall be conclusive, unless substantially contrary to the evidence.
No new evidence shall be admitted at the hearing of the appeal before the Court of First Instance, but should any of the parties convince the court that evidence has been discovered after the hearing before the Department of Health which could not have been obtained for use on that occasion after exercising reasonable diligence, and that will substantially affect the merits of the case, the court may, in its judgment, remand the record to the Department of Health for the consideration of the proof subsequently discovered and issuance of the pertinent order or resolution, from which resolution appeal may be taken to the Court of First Instance pursuant to the provisions of this section.
The court may resolve the case by confirming, modifying or revoking the decision of the Department of Health. Both the applicant or the licensee and the Department of Health may appeal from the decision of the Court of First Instance to the Supreme Court in accordance with the rules of procedure in force.
(8) He shall require reports of the persons to whom a license has been granted, on the application of insecticides or economic poisons performed by them or their employees, so as to determine if such persons have complied with the regulations concerning the use of economic poisons, and the manner in, and circumstances under which, the application thereof must be performed.
(9) He shall appoint the necessary personnel to enforce this chapter.
(10) He may, pursuant to the legal provisions applicable to the case, and through the Secretary of Justice, establish injunction proceedings or any other proper proceeding in behalf of the People of Puerto Rico, against any natural or [juridical] person, in order to prevent the violation of this chapter or of the regulations promulgated hereunder.
(11) The Secretary of Health is hereby empowered to appoint an advisory committee of five members, consisting of one representative of the Department of Health, one representative of the Department of Labor and Human Resources, one representative of the Department of Agriculture, and two persons, or their representatives, who are engaged in the application of insecticides and/or economic poisons for profit in Puerto Rico, and who hold a license granted by the Secretary. Said committee shall meet upon call by the Secretary of Health, and as often as he may deem pertinent.
(12) He shall carry out all such functions and activities as may be necessary for the effectuation of the purposes of this chapter.
History —June 28, 1966, No. 132, p. 410, § 11.