Section 2 — PESTICIDES ACT 1974

(a)

animals that are useful to man as a source of food or other essential products or as beasts of burden;

(b)

animals that are commonly kept as domestic animals or as pets;

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(c)

animals that are protected under any written law for the time being in force relating to the protection of wild life;

(d)

animals that are beneficial to agricultural production; or

(e)

animals that are valued for reasons of amenity;

“authorized officer” means—

(a)

a Pesticides Licensing Officer; or

(b)

a public officer designated as an authorized officer by the

Minister by notification in the Gazette;

“Board” means the Pesticides Board established under section 3;

“contaminated food” means food in which there is present a pesticide, or a quantity, proportion, strength, or concentration of a pesticide, in contravention of regulations made under section 21; and a reference to the use or presence of a pesticide in food includes a reference to its use or presence on food;

“food” includes every substance that is used for food or drink by man or that enters into or is used in the composition or preparation of the substance, and also includes flavouring matters and condiments, but does not include a substance or mixture of substances used by man as a medicine;

“label” means any written, printed, or graphic matter—

(a)

fixed, secured or embossed, whether immediate or otherwise, on the package of a pesticide; or

(b)

accompanying a pesticide;

“manufacture” in relation to a pesticide means to prepare, compound, formulate, mix, make, pack, re-pack, label, or otherwise treat the pesticide with a view to its sale, but does not include the carrying on of a bona fide research or experiment relating to a pesticide or the doing

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of an act or thing forming part of or incidental to such research or experiment;

“pack” means to enclose in a package;

“package” means anything in or by which a pesticide or any food, as the case may be, is cased, covered, closed or contained;

“pest” includes bacteria, virus, fungi, weeds, insects, rodents, birds, or any other plant or animal that adversely affects or attacks animals, plants, fruits or property;

“pesticide” means, subject to subsection (2)—

(a)

any substance that contains an active ingredient; or

(b)

any preparation, mixture or material that contains any one or more of the active ingredients as one of its constituents, but does not include contaminated food or any article listed in the

Second Schedule;

“Pesticides Licensing Officer” means a Pesticides Licensing Officer appointed under section 16;

“prescribed” means prescribed by the rules or regulations;

“rules” and “regulations” mean rules and regulations made under this

Act;

“Secretary” means the Secretary of the Board;

“sell” includes offer for sale, exhibit for sale, or possess for sale any pesticide, or offer for reward any service relating to the usage of pesticides.

(2)

For the purposes of this Act, a pesticide shall be treated as a different pesticide from another pesticide if—

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(a)

the chemical name of that pesticide is different from that of the other pesticide;

(b)

the trade name or trade mark of that pesticide is different from that of the other pesticide;

(c)

the ingredients of that pesticide are different from those of the other pesticide, in type, number, proportion, concentration, or in other respects;

(d)

that pesticide is differently formulated from the other pesticide;

(e)

that pesticide is manufactured by a manufacturer other than the manufacturer of the other pesticide; or

(f)

that pesticide is different in quality, nature, characteristics, or efficacy from the other pesticide.

(3)

For the purposes of this Act, a pesticide shall be deemed to be misbranded if—

(a)

its label contains a statement, design, or graphic representation relating to the pesticide that is false or misleading in any material particular, or if its package is otherwise deceptive in respect of the contents of the package;

(b)

it is an imitation, or is sold under the name, of another pesticide;

(c)

its label does not contain such warning or caution as is necessary and, if complied with, sufficient to prevent risk to human beings or animals;

(d)

any word, statement, information, or other matter required by the rules or regulations to appear on its label is not displayed thereon at all or in the prescribed manner;

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(e)

it is not packed or labelled in the prescribed manner;

(f)

it has a toxicity that is different from that claimed for it;

(g)

it is mixed or packed with a substance so as to subsequently alter its original nature or quality; or

(h)

it contains a substance other than the substance or substances that it is claimed to contain.