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Control of Plants Act

(CHAPTER 57A, Section 48)

Control of Plants
(Registration of Pesticides) Rules

R 3

G.N. No. S 28/1994

REVISED EDITION 2000

(31st January 2000)

[18th February 1994]

Citation

1. These Rules may be cited as the Control of Plants (Registration of Pesticides) Rules.

Definitions

2. In these Rules, unless the context otherwise requires —

“active ingredient”, in relation to a pesticide, means —

(a)	where the pesticide is not a formulated product, the chemical of which the pesticide is comprised; or
(b)	where the pesticide is a formulated product, the chemical that is principally responsible, or the chemicals that together are principally responsible, for its biological effects;

“label” means any printed statement appearing on or affixed to a container or package in which a pesticide is sold or supplied;

“registrant” means the person who has applied for and secured the registration under these Rules of a pesticide for use in the cultivation of plants in Singapore.

Person who may apply for registration of pesticide

3. Any person who —

(a)

manufactures, imports or distributes any pesticide; and

(b)

is carrying on business in Singapore and is —

(i)	registered under the Business Registration Act (Cap. 32); or
(ii)	in the case of a company, incorporated or registered under the Companies Act (Cap. 50),

may apply for the pesticide to be registered under these Rules for use in the cultivation of plants in Singapore.

Form and contents of, and fee for, application

4.—(1) Every application for the registration of a pesticide under these Rules shall be made in such form as the Director may provide and shall be accompanied by the appropriate fee specified in the First Schedule.

(2) Subject to paragraph (3), every application for the registration of a pesticide shall contain the following information:

(a)

the name and address of the applicant;

(b)

the trade name or the brand name under which the pesticide is to be sold or supplied;

(c)

the name by which the pesticide is commonly known or referred to;

(d)

the composition of the pesticide and the chemical name of every constituent of the pesticide, whether active or inert;

(e)

the uses of the pesticide for which registration is being sought and its efficacy for each of such uses;

(f)

the physical and chemical properties of the pesticide and its active ingredient;

(g)

the method for the determination of the content of the active ingredient in the pesticide;

(h)

the toxicological effect of the pesticide, its active ingredient and the residues thereof on mammals, wildlife, aquatic organisms and non-target organisms;

(i)

the environmental fate data of the pesticide, including data relating to the degree of persistence, retention, movement and metabolic breakdown of its active ingredient in the environment;

(j)

the chemistry of the residue of the pesticide and its active ingredient in crops and the methods for the detection and analysis of such residue in crops;

(k)

the methods for the application of the pesticide, including the safety measures to be taken when applying the pesticide;

(l)

the antidote to the pesticide, if any, and first aid instructions in case of poisoning by the pesticide;

(m)

the methods for the detoxification or neutralisation of the pesticide or its active ingredient in the environment and for the disposal of the pesticide;

(n)

whether the pesticide has been registered or approved (however described) for use in the cultivation of plants in any foreign country and if so —

(i)	the name of the foreign country;
(ii)	the limitations, if any, imposed in the foreign country on the use of the pesticide; and
(iii)	any information relating to the residue tolerances of the pesticide as may have been derived from its use in the foreign country;

(o)

whether approval has been obtained from the relevant authorities in Singapore for the manufacture or import of the pesticide; and

(p)

such other information as the Director may require.

(3) The Director may, in any particular case, waive the requirement for the provision of any of the information referred to in paragraph (2)(f) to (n) where he is satisfied that the lack of such information will not impair his assessment as to whether the pesticide satisfies the requirements for registration as specified in rule 7(1)(b).

(4) The fee paid under this rule shall not be refundable.

Applicant to provide samples

5. Every applicant for the registration of a pesticide under these Rules shall, unless otherwise directed by the Director, provide the Director with —

(a)	a sample each of the pesticide and its active ingredient in such amount and in such manner as the Director may require for the purpose of analysis;
(b)	a copy of any report made after any test or laboratory or field experiment conducted (whether in Singapore or elsewhere) in relation to the use or effect of the pesticide; and
(c)	a sample of the container and package in which the pesticide is to be sold or supplied and any label which is to be printed on or affixed to the container or package.

Director may require further tests to be conducted on pesticide

6. Upon receiving an application under rule 3, the Director may, in his discretion, direct the applicant or any other person, testing authority or organisation appointed by the Director, to conduct further tests on the pesticide or its active ingredient under local conditions to —

(a)	verify any of the information provided by the applicant under rule 4(2)(e) to (m) in respect of the composition, chemistry, properties, use, efficacy, effect and environmental fate of the pesticide or its active ingredient;
(b)	verify any information relating to the pesticide or its active ingredient as contained in any report provided by the applicant under rule 5(b); or
(c)	determine any information relating to the pesticide or its active ingredient which the applicant has been unable to provide.

Registration of pesticide

7.—(1) The Director may, in his discretion and subject to such terms and conditions as he may think fit to impose, register a pesticide for use in the cultivation of plants in Singapore if he is satisfied —

(a)

that the applicant has, subject to rule 4(3), provided all the information required under rule 4(2) in his application and that the information so provided is correct in all material particulars;

(b)

that, having regard to the information provided by the applicant and the result of any test conducted under rule 6, the pesticide will be effective if applied for its represented uses in the cultivation of plants and if so used will not constitute undue hazard to —

(i)	persons exposed to it or to its residues or consuming or otherwise using any product containing its residues;
(ii)	the environment;
(iii)	persons applying or using it;
(iv)	the plants in the cultivation of which it is to be used; and
(v)	animals or living organisms (not being the target of the pesticide) which may be exposed to it or to its residues; and

(c)

that the container, in which the pesticide is to be sold or supplied and the label printed thereon or affixed thereto, conforms with the requirements specified in the Second Schedule.

(2) Notwithstanding paragraph (1), the Director may refuse to register the pesticide without assigning any reason.

(3) The Director shall inform the applicant in writing as to whether his application for the registration of the pesticide is granted or refused.

(4) Upon registering a pesticide under these Rules, the Director shall —

(a)	assign a registration number to the pesticide;
(b)	issue a certificate of registration of the pesticide to the applicant;
(c)	make a record of the registration of the pesticide in the register to be maintained by him under rule 9; and
(d)	as soon as practicable, cause a notification of the registration to be published in the Gazette for general information.

(5) The registration of a pesticide shall take effect from the date stated in the certificate of registration.

Registration mark

8.—(1) Where a pesticide has been registered by the Director under rule 7, the registrant shall cause a registration mark to be printed on or affixed to the label appearing on or affixed to every container or package in which the pesticide is to be sold or supplied.

(2) The registration mark shall be in such form and shall contain such particulars as the Directormay require.

9.—(1) The Director shall maintain, in such form as he thinks fit, a register of all pesticides which have been registered under these Rules.

(2) Any person may, with the approval of the Director or an officer authorised by him, inspect the register or obtain from the Director or the authorised officer any information contained therein in respect of any registered pesticide.

Cancellation of registration

10.—(1) The Director may, subject as hereinafter provided, cancel the registration of a pesticide if he is satisfied —

(a)	that, having regard to any information received by him subsequent to the registration of the pesticide concerning the effects thereof, the hazards arising from the use of the pesticide in the cultivation of plants outweighs the advantages thereof;
(b)	that the registrant has procured the registration of the pesticide by providing any information or document or making any statement or representation, which is false;
(c)	that the registrant has failed to comply with any of the conditions subject to which the pesticide has been registered;
(d)	that the container or package in which the pesticide is being sold and the label printed thereon or affixed thereto do not comply with the requirements of these Rules;
(e)	that the use of the pesticide is being advertised in a manner that is false, misleading or deceptive;
(f)	that the registrant has ceased to manufacture, import or distribute the pesticide for a period exceeding one year; or
(g)	that the registrant has contravened or failed to comply with any of the provisions of the Act or these Rules.

(2) The Director shall not cancel the registration of a pesticide under this rule unless he has —

(a)	not less than 2 weeks before cancelling the registration of the pesticide, served on the registrant a written notice of his intention to do so and the grounds therefor; and
(b)	considered any written explanation which the registrant may give within such time as may be specified in the notice.

(3) Where the registrant to whom a notice has been served under paragraph (2)(a) submits a written explanation to the Director under paragraph (2)(b) within the time given to him to do so, the Directormay, at the request of the registrant, grant him an opportunity to show cause at such time and place as may be specified by the Directoras to why the registration of pesticide should not be cancelled.

(4) If, upon considering the written explanation submitted by the registrant under paragraph (2)(b) and upon considering any further explanation that may have been made by the registrant under paragraph (3), the Director is satisfied that the registration of the pesticide should not be cancelled, the Directormay, subject to such terms and conditions which he may think fit to impose, withhold the cancellation of the registration of the pesticide.

(5) If no written explanation is submitted to the Director by the registrant under paragraph (2)(b) within the time given to him to do so, or if, upon considering the written explanation submitted by the registrant under paragraph (2)(b) and upon considering any further explanation that may have been made by him under paragraph (3), the Director is nevertheless of the opinion that the registration of the pesticide should be cancelled, the Directormay cancel the registration of the pesticide.

(6) Where the Director has cancelled the registration of a pesticide under this rule, he shall —

(a)	by notice in writing inform the registrant to that effect; and
(b)	as soon as practicable publish in the Gazette and one local newspaper a notice to the effect that the registration of the pesticide has been cancelled and the effective date thereof.

Duty of registrant upon cancellation of registration

11.—(1) Upon the cancellation of the registration of a pesticide under rule 10, the registrant shall, unless the Directorotherwise directs, forthwith take such steps as are reasonable and necessary to have the registration mark removed, cancelled or obliterated from every container, package or label on which he has printed or to which he has affixed the registration mark.

(2) Any person who contravenes or fails to comply with paragraph (1) shall be guilty of an offence.

General duties of registrant

12.—(1) It shall be the duty of a registrant to —

(a)	ensure that every container in which the pesticide is sold or supplied and the label appearing thereon or affixed thereto complies with the requirements specified in the Second Schedule;
(b)	inform the Director forthwith if he should cease to manufacture, import or distribute the pesticide in Singapore; and
(c)	inform the Director forthwith if, subsequent to the registration of the pesticide, there is any change in any of the particulars provided by him under rule 4(2).

(2) Any registrant who contravenes or fails to comply with paragraph (1) shall be guilty of an offence.

Supply of false information, etc.

13. Any person who, being required by or by virtue of these Rules to provide any information or to make any declaration, statement or representation or to produce any document or who, for the purpose of securing the registration of a pesticide under these Rules —

(a)	provides any information or makes or presents any declaration, statement or representation which, to his knowledge, is false in any material particular; or
(b)	produces any document which, to his knowledge, is false in any material particular or has not been made by the person by whom it purports to have been made, or has been in any way altered or tampered with,

shall be guilty of an offence.

Passing of unregistered pesticide as registered pesticide

14. Any person who sells, exposes or offers for sale or supplies any unregistered pesticide the container, label or package of which bears a registration mark which is a forgery or counterfeit shall be guilty of an offence.

Penalty

15. Any person who is guilty of an offence under these Rules shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

Forfeiture of articles relating to commission of offence

16. Where any person is convicted of an offence under these Rules, the court may order that any pesticide, container, package, label or other article to which the offence relates shall be forfeited to the Government and disposed of in such manner as the Director thinks fit.