Section 57 — PESTICIDES ACT 1974

(a)

prescribe the procedure to be followed and the forms to be used in making applications under this Act and the fees payable therefor;

(b)

provide generally for matters connected with registration, licensing, and the issue of permits;

(c)

prescribe the procedure for appeals and showing cause under this Act;

(d)

prescribe the manner of testing and analyzing samples of any food or pesticide;

(e)

prescribe the measures to be taken and the practice to be followed or avoided by manufacturers and employers for the protection, safety, and well-being of their workers engaged in the manufacture or handling of pesticides, including—

(i)

the provision of protective clothing, equipment, and facilities for the workers;

(ii)

the provision of facilities for medical examination of the workers;

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(iii)

the provision of facilities for ensuring first aid treatment of the workers;

(iv)

the giving to the workers of instruction and training in the manufacture or in any process in the manufacture of, and in handling, pesticides; and

(v)

the measures to be taken in cases of poisoning through the use or handling of pesticides by the workers;

(f)

prescribe the requirements to be fulfilled in transporting pesticides in bulk;

(g)

prescribe the manner of storing or keeping pesticides;

(h)

prescribe the manner of labelling and packing pesticides, the matters to be displayed on labels of pesticides, and the persons liable for breaches in respect of labelling and packing;

(i)

provide for the dyeing or colouring of certain pesticides;

(j)

regulate the manner of using certain pesticides and the precautions to be taken in respect thereof;

(k)

with a view to protecting persons from danger in connection with the fumigation, spraying, or any other mode of treatment of premises and articles, including ships and vehicles, and fumigation, spraying, or treatment for agricultural purposes, with a pesticide—

(i)

generally regulate the fumigation, spraying, or treatment;

(ii)

regulate the manner in which the pesticide is to be generated or applied and require the admixture therewith of any substance;

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(iii)

prohibit the carrying out of fumigation, spraying, or treatment except by or under the supervision of persons having such training or experience and by such number of persons as may be specified;

(iv)

prohibit the carrying out of fumigation, spraying, or treatment except by persons licensed to carry it out;

(v)

regulate the issue, suspension, or cancellation of licences for the carrying out of fumigation, spraying, or treatment and the terms and conditions subject to which they may be issued and the fees to be charged therefor;

(vi)

regulate the disposal of the residues of any substance used in the fumigation, spraying, or treatment;

(vii)

impose temporary restrictions upon the use of any premises, article, ship, or vehicle, and require such tests as may be specified to be carried out after fumigation, spraying, or treatment;

(l)

regulate the advertising of pesticides;

(m)

provide for the control of pesticides imported under permit under section 14;

(n)

regulate the conduct of the duties of Pesticides Licensing

Officers, Analysts, and authorized officers under this

Act;

(o)

prescribe the fees payable under this Act;

(oa) regulate the export of pesticides; and

(p)

prescribe anything that may be prescribed under this Act.

(2)

If a standard specification in respect of a pesticide has been declared under section 28 of the Standards and Industrial Research

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Institute of Malaysia (Incorporation) Act 1975, the Board, in making rules or regulations under subsection (1) prescribing the label or package of the pesticide, shall, in addition to other matters, take into consideration the relevant requirements of the standard specification and the need or otherwise of adopting any or all of those requirements.

(3)

Rules and regulations made under subsection (1) may provide for presumptions, which shall be rebuttable, to facilitate the proof of acts or omissions that constitute an offence thereunder.

(4)

If any proceedings or prosecution under this Act or the rules or regulations or in the administration thereof a question or dispute arises as to the correctness or acceptability of the result of a test or analysis of any substance or a sample thereof, the result obtained from a test or analysis conducted in the manner prescribed under paragraph (1)(d)

shall be taken and accepted to be the correct result.

Amendment of Schedules