Control of Plants (Registration of Pesticides) (Amendment) Rules 2004

No. S 356

Control of Plants Act

(Chapter 57A)

Control of Plants (Registration of Pesticides) (Amendment) Rules 2004

In exercise of the powers conferred by section 49 of the Control of Plants Act, the Minister for National Development hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Control of Plants (Registration of Pesticides) (Amendment) Rules 2004 and shall come into operation on 1st July 2004.

Amendment of rule 2

2. Rule 2 of the Control of Plants (Registration of Pesticides) Rules (R 3) (referred to in these Rules as the principal Rules) is amended by inserting, immediately after the definition of “active ingredient”, the following definition:

“ “cultivation of plants” has the same meaning as in the Control of Plants (Cultivation of Plants) (Licensing and Certification) Rules (R 2);”.

Deletion and substitution of rule 3

3. Rule 3 of the principal Rules is deleted and the following rule substituted therefor:

“Applicant for registration of pesticide

3.—(1) An application for the registration under these Rules of a pesticide for use in the cultivation of plants in Singapore may be made by any person who —

(a)

manufactures, imports, distributes, supplies or sells the pesticide;

(b)

carries on business in Singapore; and

(c)

is —

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

(2) No person shall distribute, supply, sell or expose or offer for sale any pesticide for use in the cultivation of plants in Singapore unless the pesticide has been registered under these Rules.

(3) Any person who contravenes paragraph (2) shall be guilty of an offence.”.

Amendment of rule 4

4. Rule 4 of the principal Rules is amended —

(a)

by deleting paragraph (1) and substituting the following paragraph:

“(1) Every application for the registration of a pesticide under these Rules shall be made in such form as the Director-General may provide and shall be accompanied by a fee of $465.”; and

(b)

by deleting the word “Director” in paragraphs (2)(p) and (3) and substituting in each case the word “Director-General”.

Amendment of rule 7

5. Rule 7 of the principal Rules is amended —

(a)

by deleting the words “The Director” in paragraph (1) and substituting the words “Subject to paragraphs (1A) and (1B), the Director-General”;

(b)

by inserting, immediately after paragraph (1), the following paragraphs:

“(1A) Where —

(a)	a registrant of a pesticide has provided the Director-General with information relating to the safety or efficacy of the pesticide under rule 4, 5 or 6; and
(b)	the Director-General has registered the pesticide under this rule,

the Director-General shall not, for a period of 10 years from the date on which he registered the pesticide, when considering an application by any other person to register any other pesticide with the same or a similar chemical composition, treat the registration of the pesticide as a factor favourable to the granting of the other person’s application, except with the consent of the registrant.

(1B) Where —

(a)

a registrant of a pesticide has —

(i)	provided the Director-General with information relating to the safety or efficacy of a pesticide under rule 4, 5 or 6;
(ii)	made an application in a foreign country for the pesticide to be registered or approved (however described) for use in the cultivation of plants in the foreign country; and
(iii)	provided information relating to the safety or efficacy of the pesticide in support of the application in the foreign country;

(b)

the Director-General has registered the pesticide under this rule; and

(c)

the application referred to in sub-paragraph (a)(ii) has been granted,

the Director-General shall not, for a period of 10 years from the date on which he registered the pesticide or the date on which the application referred to in sub-paragraph (a)(ii) was granted, whichever is the later, when considering an application by any other person to register any other pesticide with the same or a similar chemical composition, treat the granting of the application referred to in sub-paragraph (a)(ii) as a factor favourable to the granting of the other person’s application, except with the consent of the registrant.”;

(c)

by deleting the words “paragraph (1), the Director” in paragraph (2) and substituting the words “paragraphs (1), (1A) and (1B), the Director-General”; and

(d)

by deleting the word “Director” in paragraphs (3) and (4) and substituting in each case the word “Director-General”.

Amendment of rule 8

6. Rule 8 of the principal Rules is amended —

(a)

by deleting paragraph (1) and substituting the following paragraph:

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

(b)

by deleting the word “Director” in paragraph (2) and substituting the word “Director-General”.

Amendment of rule 11

7. Rule 11 (1) of the principal Rules is amended —

(a)	by deleting the word “Director” and substituting the word “Director-General”; and
(b)	by deleting the words “or to which he has affixed”.

Deletion and substitution of rule 14

8. Rule 14 of the principal Rules is deleted and the following rule substituted therefor:

“Forgery of registration mark

14.—(1) No person shall —

(a)	forge or counterfeit a registration mark;
(b)	print on or affix to any container, package or label a forged or counterfeit registration mark; or
(c)	distribute, supply, sell or expose or offer for sale any unregistered pesticide the container, package or label of which bears a forged or counterfeit registration mark.

(2) Any person who contravenes paragraph (1) shall be guilty of an offence.”.

Deletion of rule 16

9. Rule 16 of the principal Rules is deleted.

Deletion of First Schedule

10. The First Schedule to the principal Rules is deleted.

Amendment of Second Schedule

11. Paragraph 1 of the Second Schedule to the principal Rules is amended —

(a)

by deleting sub-paragraphs (j) and (k) of sub-paragraph (1) and substituting the following sub-paragraphs:

“(j)	the name and address of the Singapore manufacturer, importer, distributor, supplier or seller of the pesticide who applied for the pesticide to be registered; and
(k)	any other information that the Director-General may require.”;

(b)

by deleting the words “or affixed to” in sub-paragraph (2); and

(c)

by deleting the word “Director” in sub-paragraph (2) and substituting the word “Director-General”.

Miscellaneous amendments

12. The principal Rules are amended by deleting the word “Director” wherever it appears in the following provisions and substituting in each case the word “Director-General”:

Rules 5, 6 and rule heading, 9(1) and (2), 10(1) to (6) and 12(1)(b) and (c).

Made this 18th day of June 2004.

TAN TEE HOW

Permanent Secretary,
Ministry of National Development,
Singapore.

[FVA 0107; ND 202/1-55 C3; AG/LEG/SL/57A/2003/1 Vol. 1]

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