Malaysia legislation

Section 62

of *PESTICIDES ACT 1974

Section 62

(2)

The Ordinance is further amended by deleting the words

“Substances for use in agriculture and horticulture” appearing against the entry “Metanitro-phenol; orthonitrophenol; and paranitrophenol”

added to the First Schedule thereto by State of Sabah Gazette No.

S. 33 of 1969.

(3)

Notwithstanding subsection (1) and the other provisions of this

Act—

(a)

a person who, by virtue of a licence issued under the

Ordinance before the coming into operation of this section, would, but for this Act, be entitled to do any act or thing in relation to a substance listed in Part III of the Third

Schedule to this Act may, during the period for which the licence is valid, continue to do that act or thing subject to the terms, conditions, or limitation of the licence and shall, in doing or in relation to the doing of that act or thing, continue to be governed by the Ordinance;

(b)

if the appropriate licensing authority under the Ordinance considers, after consulting the Board, that it is necessary to do so in order that the business or activities of a person referred to in paragraph (a) may not be unduly jeopardized by any delay in fully implementing this Act, the licensing authority may, upon the expiry of the current licence of the person, from time to time issue to him another such licence under, in accordance with, and subject to the Ordinance as if it continues to apply to the substance concerned in the licence, and paragraph (a) shall apply mutatis mutandis to the person;

(c)

a person who would, but for this Act, be authorized, by virtue of section 5 of the Ordinance, to import, possess, and use poisons shall continue to be so authorized and, in doing or in relation to the doing of the said acts, shall continue to be governed by the Ordinance and the regulations made thereunder;

Pesticides

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(d)

section 8 of the Ordinance shall, notwithstanding and to the exclusion of the rules and regulations made under this Act, continue to apply where appropriate to the substances listed in Part III of the Third Schedule to this Act in relation to the manner of containing, securing, distinguishing, labelling, or storing them when they are in the possession of a person or under his control, or in keeping, selling, dispensing, or delivering them, and to be enforceable under the Ordinance, until the Minister orders otherwise by notification in the Federal Gazette, upon the happening of which event the rules and regulations made under this Act relating to those matters shall apply or be made to apply, as the case may be, to those substances.

Control in the State of Sabah of substances that are both poisons and pesticides