Appeal.
Offences and peonies.
Forfeiture.
Regulated,
16. Any person who is aggrieved by any decision of the Director under this Ordinance may, within 28 days after the receipt of the notifica tion of the decision, appeal therefrom la the Governor and on any such appeal the Governor may confrm, vary or revoke the decision of the Director,
17. (1) Any person who contravenes section 7 or 8 commits an offence and is liable on conviction to a Ans of $50,000 and to imprison- meat for 1 year.
(2) Any holder of a licence who contravenes any of the conditions of his licence or any holder of a permit who contravenes any of the conditions of his permit commits an offence and is liable on conviction to a fine of $25,000 and to imprisonment for 6 months.
(3) Any person who-
(a) wilfully obstructs an inspector or member of the Preventive
Service in the exercise of any power under section 15;
(b) refuses to allow any sample to be taken in accordance with
section 1503);
(c) fails without reasonable excuse to produce any licence, permil or document, or to give any informistion, when required to do so under section 15(3); or
() fails without reasonable excuse to obey a direction given by the
Director under section 13.
commits an offence and is liable on conviction to a fine of $10,000 and to imprisonment for 6 months.
18. (1) A magistrate may, on application by the Crown, order to be forfeited any agricultural pesticide, or any container containing an agricultural pesticide, with respect to which any offctice under this Ordin ance has been committed, whether or not any person has been convicted of such offence and upon the making of an order of forfeiture such agricultural pesticide or container shall be deemed to be the property of the Crown free from all rights of any person.
(2) In any proceedings under subsection (1), any statement or other indication of the nature of any agricultural pesticide written upon or indicated on the container, or on any box or other covering of whatever nature enclosing the agricultural pesticide or the container, shall, until the contrary is proved, be deemed to be a true description of the agricol- tural pesticide or of the contents of the container, as the case may be.
19. (1) The Governor in Council may by regulation provide for- (a) applications for registration of agricultural pesticides includin
the information to be supplied by applicants therefors
(b) the imposition of conditions on registration in Part II of the
register:
(c) the cancellation and suspension for any period of registration; (d) the form and contents of the register;
(a) the proof of matters relating to registration by the production
of certificates:
the issue of licences and permits including-
(f) the information to be supplied by applicants therefor;
( the imposition of conditions thereof;
7
(i) the cancellation and suspension for any period thereof; (g) the duration of licences and permits and the renewal of licences; (h) the surrender of licences and permits;
(i) the issue of duplicate licences and permits;
(i) the containers for agricultural pesticides or classes or types of
agricultural pesticides including-
(i) the shape and size;
(ii) the design and colour;
(i) the composition; and
(iv) the labelling and marking.
of such containers;
(k) the storage of agricultural pesticides and conditions under which
they are to be kept:
(1) the approval of premises for the storage, repackaging or sale of
agricultural pesticides;
(m) the sale and supply of agricultural pesticides;
[) the advertisement of agricultural pesticides;
(o) the forms to be used;
() fees and charges;
(q) exemption by the Director from compliance with any regulation,
either generally or in a particular case;
(r) generally for the better carrying out of the provisions of this
Ordinance.
(2) Regulations made under this section may provide that a con- travention of specified provisions thereof shall be an offence and may provide penalties therefor not exceeding a fine of $10,000 and imprison- ment for 1 year,
marks. patents
20. The registration of, or issue of any licence or permit in respect Trademarica, of an agricultural pesticide by the Director under section 3 of 9 respec- merchandise tively shall not grant to any person any proprietary right in respect of Bad copyright that agricultural pesticide and shall not confer or affect any rights under wok adfected. the Trade Marks Ordinance. the Merchandise Marks Ordinance, the (CK 41) Registration of United Kingdom Patents Ordinance or the Copyright (Cap. 413 Ordinance.
21. Subject to section 23, the Pharmacy and Poisons Ordinance shall not apply to any agricultural pesticide to which this Ordinance applies.
(p. 42.) [Cap. 19.) Pharmacy bod Poons Ordin
உபாட்ட 004 0 Manly g auriculum! pesticide.
(Cap. 138.)
22. Nothing in this Ordinance shall derogate from the provisions of Dangerou the Dangerous Goods Ordinance.
Good Ordin Jace ka upady. (Chap. 1943
23. (0) Notwithstanding anything in this Ordinance a person who, Transilonal immediately before the commencement of this Ordinance
(a) had in his possession any agricultural pesticide; or
(b) is carrying on a business of selling, offering or exposing for sale or supplying or offering la supply any agricultural pesticide.
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