1977-HKRS28-16-25_Part02 — Page 55

(Cap. 142)

Applicapon.

Regbier of

cicultural pesajelde.

2

"Director" means the Director of Agriculture and Fisheries and the Deputy

Director of Agriculture and Fisheries;

"inspector" means any public officer authorized to be an inspector under

section 14:

"licence" means a licence to import, sell or supply registered agricultural

pesticides issued under section 9;

"member of the Preventive Service" means any person holding an office specified in the First Schedule to the Preventive Service Ordinance; "permit" means a permit to import, be in possession of, sell or supply

an unregistered agricultural pesticide issued under section 9; "plants" include trees, bushes and seeds;

"register" means the register of agricultural pesticides maintained under

section 4;

"registered agricultural pesticide" means jan agricultural pesticide which

is registered in the register;

"unregistered agricultural pesticide" means an agricultural pesticide which

is not registered in the register,

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3. (1) This Ordinance shall not apply to an agricultural pesticide which

(a) is not in a liquid, powder or granular form;

(b) is contained in an aerosal dispenser;

(c) is in transit; or

(4) is manshipped in Hong Kong.

(2) For the purposes of subsection (IX8), "aerosol dispenser" means a container incorporating a valve constructed and adapted to contain a substance which is kept at a pressure greater than atmospheric pressure by means of a gas and is thereby discharged from the container when the valve is opened.

(3) For the purposes of subsection (1Kc), an agricultural 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.

(4) For the purposes of subsections (d) and (3), an agricultural pesticide is in transhipment if it is consigned on a through bill of lading or air waybill from a place outside Hong Kong to another place outside Hong Kong and is or is to be removed from the ship, vehicle, train or aircraft in which it was imported and either returned to the same ship, vehicle, train or aircraft or transferred to another ship, vehicle, train or aircraft before being exported, whether it is or is to be transferred directly between such ships, vehicles, trains or aircraft or whether it is to be landed in Hong Kong after its importation and stored, pending exportation.

PART II

REGISTRATION OF AGRICULTURAL PESTICIDES

4. The Director shall maintain a register of agricultural pesticides in which...

(c) Part 1 shall contain a list of all agricultural pesticides the registra- lion of which is not subject to conditions imposed under this Part; and

(b) Part II shall contain a list of all agricultural pesticides the registration of which is subject to conditions imposed under this Part.

3

S (1) Any person may apply to the Director for registration of Registrados. an agricultural pesticide.

(2) An application under subsection (1) shall be made in writing ĩo the prescribed manner.

(3) After considering an application under subsection (I) the Director mayor

(4) register the agricultural pesticide in Part 1 or II of the register; or (b) refuse la register (L

(4) The Director may register an agricultural pesticide in Part I or Part 1 of the register although an application for registration of the agricultural pesticide has not been made under subsection (1).

(5) The Director may register an agricultural pesticide subject to such conditions as he day think dt.

6. The Director may at any Ume--

(e) cancel the registration of an agricultural pesticide in Part I of the register and register it in Part 1 of the register subject to such conditions as he may think fl;

(b) modify or add to, or cancel, any condition imposed by him under This Pärt in respect of the registration of an agricultural pesticide:

or

(el cancel or suspend the registration of an agricultural pesticide iC it appears to him to be necessary in the interests of public safety.

PART II

CONTROL OF AGRICOLTURAL PESTICIDES

Power of Director to

cancel or modify

registradon.

7. (1) Save under and in accordance with a licence, no person Cogural of shall-

(a) import into or cause to be imported into Hong Kong: (b) sell or offer or expose for sale; or

(e) supply or offer to supply.

any registered agricultural pesticide.

(2) Subsection (X6) and (2) shall not apply to any person who- (a) is not engaged in the trade or business, whether for wholesale, retail or otherwise, of selling, offering or exposing for sale. supplying or offering to supply agricultural pesticides; and

(6) sella, offers or exposes for sale, supplies or offers to supply any agricultural pesticide which he acquired for his own usc in cod- nexion with agricultural pursuits carried on by him.

registered

alculpur) IPERIENCE.

8. Save under and in accordance with a permit, no person shall— Compok of (4) import into or cause to be imported into Hong Kong:

(b) sell or offer or expose for sale:

(c) supply or offer to supply; or

(e) have in his possession,

any unregistered agricultural pesticide.

9. (1) An application for a licence or permit shall be made in writing to the Director in the prescribed manner.

may

(2) After considering an application under subsection (1) the Director

ND PERSSLETED

d

peridder.

Lkage or

permit for

ricoltural

pades.