Malaysia legislation
Section 8
Section 8
(a)
all matters contained in and submitted with the application are true in all material particulars;
(b)
the matters proposed to be included in the label of the pesticide, and the proposed package of the pesticide, comply with the rules or regulations relating to labeling and packaging or, if there are no such rules or regulations for the time being, with the policy of the Board relating thereto;
and
Pesticides
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(c)
the pesticide, if used or handled according to the instructions contained in its proposed label, would be efficacious and would—
(i)
be safe to human beings and animals; or
(ii)
constitute a risk to human beings and animals of such a minimal extent or degree as to be outweighed by the necessity or advantages of using the pesticides.
(2)
If the Board is not satisfied of any of the matters specified in subsection (1), it shall not register the pesticide.
(3)
If a standard specification in respect of the pesticide has been declared under section 28 of the *Standards and Industrial Research
Institute of Malaysia (Incorporation) Act 1975 [Act 157]—
(a)
in formulating its policy relating to the label and package of the pesticide for the purpose of paragraph (1)(b), the
Board 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; and
(b)
in assessing and determining the efficacy and safety of the pesticide for the purpose of paragraph (1)(c), the Board shall, in addition to other determining factors, take into consideration the relevant requirements of the standard specification, and may refuse to register the pesticide if it does not satisfy any of those requirements.
(3A)
For the purposes of subsection (1), the Board shall issue guidelines regarding the classification of pesticides.
* NOTE— The Standards and Industrial Research Institute of Malaysia (Incorporation) Act 1975 [Act 157]
has since been repealed by the Standards of Malaysia Act 1996 [Act 549]–see subsection 23(1) of Act 549.
Laws of Malaysia ACT 149
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(4)
Notwithstanding subsections (1), (2) and (3), if an application is made for the registration of a pesticide that is for the time being registered on the previous application of another person, the Board shall, on payment of the prescribed fee, register the pesticide on the same conditions as those imposed on the existing registration, assign a registration number thereto, and issue to the subsequent applicant a certificate of registration thereof.
Period of registration