CHAPTER 161
TROPICAL PESTICIDES RESEARCH INSTITUTE ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The Pesticides Control Regulations

   RULES

      The Pesticides Research Rules

REGULATIONS

THE PESTICIDES CONTROL 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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