CHAPTER 161
TROPICAL PESTICIDES RESEARCH INSTITUTE ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
REGULATIONS
TABLE OF CONTENTS
Regulation
Title
1. Citation.
2. Interpretation.
3. Objects.
4. Composition of the Committee.
5. Tenure and procedure of the Registration Committee.
6. Functions of the Committee.
7. Procedure for importation of a pesticide.
8. Every pesticide in use to be registered.
9. Procedure for registration of a pesticide.
10. Submission and analysis of samples.
11. Testing of pesticide.
12. Additional conditions for registration.
13. Registration.
14. Certificate of registration.
15. Provisional registration.
16. Restricted use of registration.
17. Registration of a pesticide for experimental purposes.
18. Fees.
19. Payments of fees by non-resident in foreign currency.
20. No alteration of a pesticide unless approved.
21. Manufacturers to maintain quality control laboratory.
22. Evidence of registration before issue of licence.
23. Pesticide records.
24. Labelling.
25. Handlers of pesticides to be provided with protective attire.
26. Packing and handling of pesticides.
27. Disposal of pesticides and containers.
28. Transitional provisions.
SCHEDULES
THE PESTICIDES CONTROL REGULATIONS
(Section 41)
G.N. No. 193 of 1984
1. Citation
These Regulations may be cited as the Pesticides Control Regulations.
2. Interpretation
In these Regulations, unless the context otherwise requires–
"Act" means the Tropical Pesticides Research Institute Act *;
"Chairman" means the Chairman of the Pesticides Approval and Registration Technical Committee who is also the Director of the Institute;
"Committee" means the Pesticides Approval and Registration Technical Committee established under section 13 of the Act;
"compounding" means mixing of a pesticide ingredient with another ingredient including diluent;
"form" means a form set out in the Schedules to these Regulations;
"formulating" means prescribing and, or mixing pesticide ingredients according to a particular formulate;
"Institute" means the Tropical Pesticides Research Institute;
"label" means any written, printed or graphic matter on the immediate container and on every other receptacle or package in which the container is placed or packaged;
"laboratory" means the Pesticides Registration and Control analytical laboratory at the Institute or the laboratory of any analyst appointed under section 21 of the Act;
"manufacture" in relation to any pesticide includes any process or part of a process for making, altering, finishing, packing, labelling, breaking up or otherwise treating or adopting any pesticide with a view to its safe distribution or use, and includes any process of formulating and compounding such pesticides;
"package" means a receptacle or wrapper in which a pesticide container is placed or packaged during storage or transportation;
"premise" means any land, shop, stall or place where any pesticide is sold or manufactured or stored or used and includes any vehicle carrying pesticide;
"sale" means a sale of any pesticide, whether for cash or on credit and whether by wholesale or retail, and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale of any pesticide and includes also an attempt to sell any such pesticide;
"Schedule" means a Schedule annexed to these Regulations.
3. Objects
The objects of these Regulations are–
(a) to ensure the effectiveness of pesticides used in the country for the production of food and fibre and for the protection of public health and safety;
(b) to protect against possible harmful effects of pesticides including–
(i) impairment of the health of persons handling pesticides or using or consuming products or substances treated with pesticides;
(ii) impairment of the health of domestic animals including honey bees, from direct application of pesticides or from the consumption of plants or animals treated with pesticides;
(iii) damage to cultivate plants from direct application of pesticides or from persistent soil residues; and
(iv) damage to the natural environment including impairment of the health of wildlife and contamination of water, way lakes and other water bodies.
4. Composition of the Committee
(1) The Committee shall consist of the following members namely–
(a) The Director of the Institute;
(b) the Registrar of Pesticides who shall be the Secretary;
(c) the Analyst in charge of the Pesticides Registration and Control Analytical Laboratory;
(d) the Director of Research, Ministry of Agriculture;
(e) the Registrar of the Pharmacy Board, Ministry of Health;
(f) the Chief Government Chemist, Ministry of Health;
(g) one person each representing–
(i) the Tanzania Bureau of Standards (TBS);
(ii) the University of Agriculture, Morogoro;
(iii) the Ministry of Agriculture and Livestock Development;
(iv) the National Chemical Industries;
(v) the Tanzania Agricultural Research Organisation; (TARO)
(vi) the Tanzania Commission for Science and Technology;
(vii) the Tanzania Livestock Research Organisation.
(2) The Committee may also co-opt such number of experts and for such purposes or periods as it may deem fit but any expert so co-opted shall have no right to vote.
(3) No member of the Committee shall, while holding such membership, engage directly in any trade or business concerned with importation, manufacture, distribution or sale of any pesticide.
5. Tenure and procedure of the Registration Committee
(1) The persons nominated under clause (1)(g)(i)-(vii) inclusive of Regulation 4 shall, unless their seats become vacant either by resignation, death or otherwise, hold office for three years from the date of their nomination, but shall be eligible for re-nomination.
(2) The persons nominated under paragraph (a) and (b) shall hold office only for as long as they hold the appointment by virtue of which their nomination were made.
(3) The Committee shall regulate its own procedure and the conduct of business to be transacted by it.
6. Functions of the Committee
The Committee shall in addition to the functions assigned to it by the Act, perform the following functions, namely–
(a) to maintain a system of collaboration with any national or international body or person dealing with pesticides;
(b) to maintain a system of cooperation with licensing and tendering authorities;
(c) to perform such other incidental or consequential matters necessary for carrying out the functions assigned to it under the Act or Regulations.
7. Procedure for importation of a pesticide
(1) Every person importing a pesticide shall obtain a permit for importing that pesticide, from the Registrar.
(2) The application for a permit and the permit shall be issued in the form set out respectively in Schedules II and III.
(3) Every importer of a pesticide shall pay a cess of 0.5% of the FOB value of the pesticide to be imported.
(4) Any cess paid under this Regulation shall be refunded by the Institute where it is shown to the satisfaction of the Registrar that the pesticide in respect of which the cess was paid, was not, for any reason, subsequently imported.
8. Every pesticide in use to be registered
Every person who, for commercial purposes or for disposal in any way to use by the public, imports, manufactures, formulates or compounds any pesticide shall register that pesticide in accordance with the Act and these Regulations.
9. Procedure for registration of a pesticide
Every application for pesticide registration or renewal of registration shall be on a form specified in Schedule I to these Regulations and shall, unless otherwise advised, be accompanied by–
(a) a dossier containing additional information to determine the suitability of the pesticide as to its use and including a technical data sheet and directions on how to detect and quantitate the active ingredient;
(b) the appropriate application fee;
(c) a representative sample of the pesticide, certificate of analysis, if already issued, and a written declaration that the pesticide has or has not been banned or restricted in the country of origin.
10. Submission and analysis of samples
(1) A sample submitted for analysis for the purposes of registration shall be accompanied by appropriate standards.
(2) A sample submitted for analysis shall be not be less than 0.5 kilogram in case of solids, or not less than 0.5 litres in case of liquids.
(3) The container in which a sample for analysis is packed shall be sealed and adequately labelled.
(4) Every sample submitted for analysis shall be accompanied with the specifications of the sample and other relevant information.
11. Testing of pesticides
(1) Every pesticide submitted for registration shall be submitted for testing by the Registrar or by a person authorised by him, and the Registrar or the authorised person, as the case may be, shall carry out such field or laboratory tests as are necessary to determine the suitability for use of the pesticide.
(2) Where the testing is carried out by a person other than the Registrar, that person shall submit, as soon as the test is completed the results of the test to the Registrar.
12. Additional conditions for registration
The person applying for registration of a pesticide shall satisfy the Registrar that–
(a) the premises for the storage of the pesticide are adequate and well equipped with proper storage accommodation for avoiding any hazards and for preserving the properties of the pesticide in respect of which a registration certificate is sought;
(b) there shall be a person or persons on the technical staff of the person applying, who is or are qualified or experienced in handling the pesticide.
13. Registration
(1) If the Registrar is satisfied that a person applying for registration of a pesticide has complied with the provisions of the Act and these Regulations he may register the pesticide.
(2) On registration the person applying for registration of pesticide shall pay such fees as are provided under these Regulations.
(3) The Registrar may refuse to register a pesticide if he is not satisfied in terms of subparagraph (1).
(4) An appeal from a decision of the Registrar refusing to register a pesticide under subregulation (1) shall lie to the Minister and the Minister's decision shall be final.
(5) Every appeal under subregulation (4) shall be made within sixty days from the date of the decision of the Registrar.
14. Certificate of registration
(1) If the Registrar approves registration he shall issue a certificate of registration in a form prescribed in Schedule VI in respect of the pesticide whose registration is sought.
(2) Every certificate for registration shall expire after five years.
15. Provisional registration
(1) Where by reason of non-compliance with any provisions of these Regulations or any direction given by him, the Registrar is unable to register a pesticide but is satisfied that steps can be taken with diligence by the applicant to comply with such provision or direction, as the case may be, he may in his absolute direction, by notice in writing (hereinafter referred to as a notice of deferment), defer registration of that pesticide pending compliance with such provision or direction.
(2) The Registrar shall transmit the notice of determent to the person who applies for registration of the pesticide.
(3) A notice of deferment shall, subject to the provisions of this Regulation and any condition specified in that notice, entitle the person applying for the registration of a pesticide to use or dispose for use by the public, the pesticide.
(4) Every provisional registration shall expire after two years.
16. Restricted use of registration
(1) Where a pesticide is highly toxic, persistent, biologically cumulative or where that pesticide may cause poisoning of which no effective antidote is known and available, the Registrar may register that pesticide subject to such conditions and restrictions as to its use or the quantity to be disposed of and other conditions that he may deem necessary.
(2) Every registration of a pesticide for restricted use shall expire after two years.
17. Registration of a pesticide for experimental purposes
(1) A person who intends to use a pesticide for experimental purposes shall have that pesticide registered in accordance with these Regulations.
(2) Every registration of a pesticide for experimental purposes shall expire after one year.
18. Fees
(1) The fees payable for registration of a pesticide shall be–
(a) full registration; Sh. 3,000/=;
(b) provisional registration: Sh. 2,000/=;
(c) restricted use registration: Sh. 2,000/=;
(d) registration for experimental use: Sh. 300/=.
(2) A fee of shillings 1,000/= shall be charged for analysing a sample submitted for analysis as required under these Regulations.
19. Payments of fees by non-resident in foreign currency
A person who is non-resident and applies for registration of a pesticide shall pay any registration fee required to be paid in equivalent foreign currency.
20. No alteration of a pesticide unless approved
(1) No person may use or alter the character of a registered pesticide for commercial purposes or for disposal in any way to the public unless the alteration is approved by the Registrar.
(2) An application for clearance to use a registered pesticide for commercial purposes shall be made and issued on the forms set out on Schedules IV and V respectively.
21. Manufacturers to maintain quality control laboratory
Manufacturers and formulators of pesticides within the country shall maintain a quality control laboratory or engage a recognised laboratory to check the quality of their finished products and must test and keep records of their products prior to releasing them for distribution and use.
22. Evidence of registration before issue of licence
Licensing authorities shall only issue trading licences to persons intending to carry out pesticide business including manufacturers, distributors, formulators, fumigators, and other pest controllers, after such persons have produced a written approval or registration certificate from the Registrar.
23. Pesticide records
Every registrant shall make records of all quantities of a pesticide product manufactured, imported, stored, used or sold by him and the records shall–
(a) be maintained for at least five years from the time it is made;
(b) be made available to the Registrar annually;
(c) include type of pesticide origin, port of entry, quantity imported and sold and purpose.
24. Labelling
Notwithstanding the provisions of section 20(1) of the Act the label shall contain the following additional information–
(a) batch number, description of the physical form and purpose of the pesticide and shall include the common name of its active ingredient and trade mark or commercial name;
(b) the essential instructions or directions on the use of the product in both English and Swahili languages and shall include–
(i) a statement of the intended use for the product, listing the crop and the pest situation for which it is officially registered or approved;
(ii) information on recommended dosage rates, methods and timing of application for the above use;
(iii) information on compatibility with other products or substances which may be proposed for use with the contents;
(iv) a phrase stating the category and limitations of use of the product e.g. FOR USE ONLY AS HERBICIDE; also it should include a brief statement summarising the main biological uses of the product for example, "For pre-emergent control of annual and broad-leaved weeds in cotton";
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(v) expiry date for the product or the date of manufacture and the shelf-life;
(vi) any warnings or contra-indications intended to prevent misuse of the product and safety of users, including a practical antidote in case of accidental poisoning;
(vii) any special recommendations on storage conditions for the container and product. Directions for use shall be included in the main label on the container but may be supplied as a separate "directions for use" leaflet with each container or other package. Use or graphics to convey relevant pesticide information may appear on the label;
(viii) the wording SUMU (POISON) written in bold red letters should appear at the top-centre of the label together with the skull and cross bone drawing;
(ix) all bulk purchases shall bear a label as provided for in these Regulations and shall further be accompanied by a document detailing the contents of the label; and where the end product is in small packs they must be labelled accordingly;
(x) any additional information which cannot be accommodated on the label shall be included in the "directions for use" leaflet, for example practical advice on methods of preparing and using the product, first aid and antidotes in case of poisoning and other necessary warnings;
(c) all the information on the label shall be accurate and free from any statements which cannot be substantiated or which could falsely inform a purchaser or user; and the label shall not describe a product by such terms as "Harmless, non-toxic, the best, superior or most effective".
25. Handlers of pesticides to be provided with protective attire
Any organisation handling pesticides shall provide their handlers with basic protective attire such as face-masks, goggles, aspiration, rubber gloves plastic or rubber aprons, rubber boots, overalls and caps.
26. Packing and handling of pesticides
(1) Pesticides shall be packaged in clean and dry containers designed to provide protection against product deterioration, compaction, weight change or other spoilage. Containers must withstand all anticipated level of handling, storage, stacking, loading and unloading conditions and should not become adversely affected by changes in atmospheric conditions, pressure, temperature and humidity.
(2) No pesticide shall be transported or stored in such a way that it can easily come into contact with food or foodstuff.
(3) All pesticide storage areas shall be clearly marked with warning signs and the labels on the containers positioned so that they are clearly visible. Such an area shall be kept locked to avoid access of unauthorised persons, well ventilated and provided with fire-fighting equipment.
27. Disposal of pesticides and containers
(1) Registrants shall be required to supply information on the safest and most practical way or ways of disposing of any unwanted quantities of pesticides with the least possibility of polluting the environment.
(2) Registrants shall supply information on the safest and most practical ways of decontaminating and disposing of any used pesticide containers, with the least possibility of polluting the environment.
28. Transitional provisions
(1) Upon the coming into operation of these Regulations any person engaged in the business of import or manufacture or sale of any pesticide, whereby that pesticide is not registered, shall within three months apply to the Registrar for registration of that pesticide.
(2) Where an application is made in terms of subregulation (1) of this Regulation, the Registrar may grant provisional registration in respect of the pesticide and the application of Regulation 15 shall apply mutatis mutandis in respect of that pesticide.
SCHEDULES
SCHEDULE I
FORM PRC-1
APPLICATION FOR PESTICIDE REGISTRATION
(Regulation 9)
CONFIDENTIAL
TROPICAL PESTICIDES RESEARCH INSTITUTE ARUSHA-TANZANIA
FOR OFFICIAL USE |
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The Registrar, | Application No: ........................................ |
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(To be filled in Triplicate) |
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1. | Applicant's Details: |
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(a) Name ................................................................................................................ |
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(b) Address ............................................................................................................ |
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(c) Address in Tanzania if different from above ........................................................... |
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(d) Type of organisation (Importer, Manufacturer, Distributor etc.) ................................ |
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(e) Name and address of manufacturer/importer of the original pesticide ...................... |
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(f) Name and address of firm's consultants ............................................................... |
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2. | Details of the product: |
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(a) Common name(s) of the pesticide ....................................................................... |
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(b) Trade name(s) or code number of the pesticide .................................................... |
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(c) Chemical name(s) of the pesticide (a i) ................................................................ |
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(d) Molecular formulae of the a i (s) .......................................................................... |
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(e) Molecular weight ............................................................................................... |
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(f) Structural formulae of the a i ............................................................................... |
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(g) Main active ingredient(s) .................................................................................... |
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(h) List of adjuvant name(s) .................................................................................... |
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(i) Type of pesticide (e.g. weedkiller) ...................................................................... |
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(j) Type of formulation e.g. wettable powder ............................................................. |
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(k) Physical properties: |
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(i) Solubility of the pesticide in aqueous and/or organic solvents (metric units) |
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(ii) Emulsifiability/suspensibility (or emulsion stability) .................................... |
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(iii) Physical description (e.g. colourless crystals) ........................................... |
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(iv) Wettability ............................................................................................. |
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(v) Stability/comparability (e.g. hydrolysed by alkali) ....................................... |
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(vi) Spraying/dusting properties ...................................................................... |
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(vii) Moisture content ..................................................................................... |
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(viii) Melting point ........................................................................................... |
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(ix) Setting point ........................................................................................... |
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(x) Boiling point ........................................................................................... |
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(xi) Vapour pressure ..................................................................................... |
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(xii) Accelerated storage ................................................................................ |
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(xiii) Flammability, etc. ................................................................................... |
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(xiv) Active ingredient by weight/volume ............................................................ |
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(xv) Acidity/alkalinity ..................................................................................... |
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(l) Tolerance limits for the characteristics in (k) above (where applicable) ................... |
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(m) Estimated quantities of the product marketed during the last two years and the current year ..................................................................................................... |
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3. | Give a summary of the product's toxicology and other side effects: |
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(a) Classification (in accordance with the WHO guidelines) ....................................... |
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(b) Dermal and oral mammalian toxicity (LD50) ....................................................... |
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(c) Two weeks' cumulative mammalian toxicity of the product ..................................... |
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(d) Mean acute dermal and oral toxicity of rat and one other animal species of the product |
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(e) Allergenicity of the pesticide ............................................................................. |
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(f) Special side effects on mammals, other organisms and the environment ............... |
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(g) A summary of possible hazards to people applying and handling the pesticide as recommended ................................................................................................. |
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(h) A summary of possible hazards to people and other animal species using treated products ...................................................................................................................... |
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(i) Publication of the product's toxicology ............................................................... |
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(j) Residue tolerances data in substances treated with the pesticide where possible internationally accepted levels should be given ................................................... |
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4. | Safety: |
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(a) Recommended precautions in handling the pesticide product ............................... |
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(b) Safety interval between treatment of animal or crop and harvest/consumption in |
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(c) Recommended first aid in case of over exposure or poisoning ............................... |
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(d) Recommended treatment after exposure ............................................................. |
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5. | Analytical Methods (Supply reprints, photocopies or authenticated tests): |
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Quantitative determination of the formulations in pure technical materials and in contaminated biological materials |
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6. | Containers: |
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(a) Type and forms of containers used for storage of the pesticide products ................ |
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(b) Type of packaging for distribution ....................................................................... |
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7. | Biological Date: |
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(a) Recommended field of applications (mention target pest and crop/animal) ............. |
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(b) Suggested methods of application ...................................................................... |
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(c) References of recommended use by authorised bodies in Tanzania ....................... |
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(d) Reference of recommended use by authorised bodies outside Tanzania ................ |
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(e) Reference where the product has been used successfully/unsuccessfully showing |
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(f) Persistence of the pesticide product in the environment (soil, water, plant and |
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(g) References of pest resistance to the pesticide product ........................................ |
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8. | Label: |
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(a) Appendix - six copies of specimen or an exact of the label as it appears on the container or the label itself ............................................................................... |
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(b) Enclose specimens of any extra information pamphlets which are applicable ........ |
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9. | Chemical and physical stability of the product in the recommended unopened |
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10. | Premises (attach sketch): |
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Physical address ................................................................................................ |
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Manufacturing room(s) ......................................................................................... |
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Storage of: |
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Technical materials ......................................................................................... |
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Adjuvants ...................................................................................................... |
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Finished products .......................................................................................... |
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Standards ..................................................................................................... |
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Antidotes ...................................................................................................... |
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Air and other conditioners .................................................................................... |
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Manufacturing equipment ..................................................................................... |
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Disposal of wastes .............................................................................................. |
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11. | Name and qualifications of the technical staff in charge: ........................................ |
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12. | Certificate: |
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I/We certify that the information given above is correct to the best of my/our knowledge using the information and scientific data available to me/us. |
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Title: ...................................................... |
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Date: ..................................................... |
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for: ......................................................... |
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I/We hereby enclose a cheque for ............................................................ being the payment of the application fee. |
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Date: .......................................................... Signature: ...................................................... |
SCHEDULE II
FORM PRC-2
APPLICATION FOR A PERMIT TO IMPORT A PESTICIDE
(Regulation 7(1) and 7(2))
TROPICAL PESTICIDES RESEARCH INSTITUTE ARUSHA-TANZANIA
FOR OFFICIAL USE |
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The Registrar, | Application No. ........................................ |
I/We .......................................................................................................................... |
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The importation will be made during the period ............................................. 20........ |
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Date: ............................................. | ............................................................. |
Title: ........................................................ |
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For (official stamp) ................................... |
SCHEDULE III
FORM PRC-3
PERMIT TO IMPORT A PESTICIDE
(Regulation 7(1) and 7(2))
TROPICAL PESTICIDES RESEARCH INSTITUTE
Pesticides Registration and Control Division |
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PERMIT TO |
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M/S .............................................................................................................................. |
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Common Name: ............................................................................................................ |
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Trade Name: ................................................................................................................. |
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Chemical Name: ........................................................................................................... |
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in quantity/quantities of .................................................................................................. |
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A receipt No. ................................................... dated ........................... is herewith attached. |
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Date ...................................... 20....... | Signature .................................................. |
SCHEDULE IV
FORM PRC-4
APPLICATION FOR CLEARANCE OF USING AND ALTERING REGISTERED PESTICIDE FOR COMMERCIAL PURPOSES
(Regulation 20(2))
TROPICAL PESTICIDES RESEARCH INSTITUTE ARUSHA-TANZANIA
FOR OFFICIAL USE |
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Registrar | Application No. ...................................... |
I/We ......................................................................................................................... |
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Date: ......................................... | .............................................................. |
Qualifications: ......................................... |
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Title ....................................................... |
SCHEDULE V
FORM PRC-5
CLEARANCE CERTIFICATE FOR USING/ALTERING REGISTERED PESTICIDE
(Regulation 20(2))
TROPICAL PESTICIDES RESEARCH INSTITUTE
Pesticides Registration and Control Division |
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CLEARANCE CERTIFICATE FOR |
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M/S ............................................................................................................................... |
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Special conditions, if any ................................................................................................ |
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This Certificate is valid until ........................................................................................ |
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Signature: .............................................. |
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Date: ..................................................... |
SCHEDULE VI
FORM PRC-6
PESTICIDE REGISTRATION CERTIFICATE
(Regulation 14)
TROPICAL PESTICIDES RESEARCH INSTITUTE
Pesticides Registration and Control Division, | |
PESTICIDE REGISTRATION |
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Category of Registration .................................................................................................. |
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Common Name .............................................................................................................. |
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Trade Name ................................................................................................................... |
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Name and Address of Applicant ....................................................................................... |
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This is to certify that the above mentioned pesticide has been approved and registered for sale or use in Tanzania under the conditions detailed below: .................................................... |
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This certificate is valid until ......................................................................................... |
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Signature: ................................................ |
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Date ...................................... 20........ |
SCHEDULE VII
FORM PRC-7
CERTIFICATE OF ANALYSIS
(Section 24(2))
TROPICAL PESTICIDES RESEARCH INSTITUTE
Ref. No: .................................. |
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Pesticides Registration and Control Division, |
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I hereby declare that I have made a proper analysis of the sample of .................................... |
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Remarks: ...................................................................................................................... |
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Name and Signature of Analyst.................. |
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Designation: ........................................... |
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Laboratory and address: ........................... |
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Date: ..................................... 20........ |
RULES
(Section 9 (2))
G.N. No. 297 of 1985
1. Citation
These Rules may be cited as the Pesticides Research Rules.
2. Interpretation
In these Rules, unless the context otherwise requires–
"Committee" means the Research Committee established under Rule 4;
"research" means research on pesticides and includes–
(a) any study of the biology and ecology of pests with a view to understanding their nature so as to find ways of controlling them by use of pesticides and other biological agents;
(b) any study with the view of evaluating of the efficacy of pesticides in killing, repelling or attracting, inhibiting the feeding or arresting the growth of insects, weeds, path, genic fungi, rodents, bird, pests, ticks or any other kind of pests;
(c) any instruction or study carried out with a view to promoting the use of pesticides and their effects on targets and non-targets;
(d) any study of pesticides with a view of determining their toxicity, persistence, resistance, biodegradation or other degradation, detoxification, disposal;
(e) any investigation or study on the monitoring of the importation, manufacturing, distribution, sale, site and use of pesticides in the country;
(f) any study aimed at promoting the most efficient way of controlling pests;
(g) any investigation or study aimed at promoting the most efficient and safe ways of using pesticides;
(h) any investigation or study aimed at determining the extent of environmental pollution by pesticides and their residues or wastes.
3. Object of Rules
The objects of these Rules are to make provisions governing the carrying out of any research on pesticides in the country.
4. The Research Committee
(1) The Research Committee shall consist of–
(a) the Director who shall be the Chairman;
(b) the Legal Secretary, who shall be the Secretary;
(c) heads of Divisions of Agriculture, Medical/Veterinary, Chemistry Pesticides Registration and Control, National Herbarium and Plant Quarantine;
(d) two other members who shall in the opinion of the Council have knowledge and experience in Pesticides Research.
(2) The Committee may also co-opt any other persons, and for such purposes or periods as it may deem fit, but any such expert so co-opted shall have no right to vote.
(3) No member of this Committee shall, during the tenure of his membership engage in trade or business pertaining to the pesticide(s) to be used in the research being applied for.
5. Meetings of the Committee
The Committee shall meet at least four times in a year.
6. Functions of the Committee
The functions of the Committee shall be–
(a) to consider and approve proposals for research on any aspects of pesticides and their use in controlling pests;
(b) to give such advice to persons engaged in research on pesticides and pests as may be necessary;
(c) to prescribe research fees.
7. Application for research
(1) Every person who intends to carry out any research on pesticides in Tanzania shall make an application to the Director in a form prescribed in the Schedule to these Rules.
(2) Where a person from outside Tanzania makes an application under this Rule he shall produce evidence of research clearance obtained from the Commission for Science and Technology.
(3) All scientific research institutions or organisations in the country would be required to route their research applications and any information concerning pesticides research through the Institute.
8. Committee to decide on application
(1) The Committee shall within two months consider and decide on every application submitted.
(2) Where the Committee does not for any reason approve any application it shall inform the applicant giving reasons for not approving it.
9. Obligations of the researcher
Where a research proposal has been approved by the Committee the researcher shall as expeditiously as it is practicable begin his research and shall have the obligations–
(a) to provide the institute with progress reports on his research projects every six months;
(b) where a researcher is from outside Tanzania he shall submit to the Institute a preliminary report of his research before he leaves the country;
(c) to submit to the Institute a final report of his research findings within six months after completion of his research;
(d) to submit to the Institute copies of publications relating to the research undertaken by the applicant.
10. Fees for research
(1) Where a research or part thereof is to be undertaken independently or in collaboration with the Institute, the Institute shall charge the researcher such reasonable fees or fees as shall be prescribed by the Committee in consultation with the Council–
(a) researchers who wish to collaborate with the Institute bringing with them to the Institute all the equipment, funds and expertise needed by that researcher, shall not be required to pay any fees;
(b) researchers who wish to have collaboration with the Institute by contributing only a fraction of the input shall pay fees proportional to the needed inputs or may be required to pay in full or in part the cost of such research undertaking;
(c) where the Institute provides all the necessary resources and input, the applicant shall be required to pay full fees, in addition to meeting in full or in part the cost of undertaking such research;
(d) where a researcher wishes to conduct a research on pesticides independent of the Institute, he shall be charged such fees as the Committee shall deem reasonable.
(2) Where researchers from outside the country are charged any fees, such fees shall be paid in convertible foreign currency.
(3) Notwithstanding the provisions of Rule 10(1) and (2) research fees shall be paid only after the application has been duly approved.
11. Assistance by the Institute
Upon approval by the Committee of any research proposal, the Institute may undertake to give a researcher such assistance as it may deem necessary or appropriate in the circumstance.
12. Institute to assign adviser
The institute may assign a competent scientist for the purpose of advising and assisting the researcher in his research.
13. Protection of species
Any person who, for the purpose of carrying out research uses any plant, bird, animal or any animate or inanimate object shall abide by any existing laws governing the handling or use of such plant, bird, animal or any animate or inanimate object as the case may be.
14. Transitional provisions
(1) Upon the coming into operation of these Rules, any person already engaged in pesticides research shall, within three months, apply to the Institute for registration of that research.
(2) Where a researcher is to use a pesticide that is not registered, that researcher shall register that pesticide before applying for registration of the research, or register it within three months if he has already started using the pesticide before these Rules came into operation.
SCHEDULE
PESTICIDE RESEARCH CLEARANCE APPLICATION FORM
(Rule 7(1))
(To be submitted in eight copies and in English) |
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NB. Where space provided in this Form is insufficient, attach additional information in separate sheets. |
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1. | Name of Principal Investigator ................................................................................ |
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Nationality: ..................................... | Telephone No: ........................................ |
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Address: ........................................ | Telex No: ............................................... |
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....................................................... | Cable: .................................................... |
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............................................................................................................................ |
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2. | Qualifications including dates and places obtained and major specialisation: .............. |
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3. | Place(s) in Tanzania where the project will be carried out .......................................... |
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4. | Project Title: ......................................................................................................... |
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5. | Present state of knowledge in the proposed field of study, giving references where possible: .............................................................................................................. |
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6. | Objectives of the proposed research and innovations it represents to methods already known: ................................................................................................................. |
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7. | Detailed description of method(s): ........................................................................... |
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8. | List of recent relevant publications by the applicant .................................................. |
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9. | Two qualified referees, at least one of whom should be resident in Tanzania and their addresses: ........................................................................................................... |
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10. | (1) Duration: ................................................................................................ |
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(2) Time plan (commencement date envisaged, phases, completion of research and final report) ...................................................................................... |
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11. | Budget: ............................................................................................................... |
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12. | Signature of Applicant: .......................................................................................... |
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Date: ........................................... |
{/mprestriction}