Suplement to the Republic of Zambia Government
Gazette dated the 28th January, 1994
GOVERNMENT OF ZAMBIA
Statutory Instrument No. 20 Of 1994
Protection and Pollution Control Act
(Act No. 12 of 1990)
The Pesticides And Toxic
substances Regulations, 1994.
IN EXERCISE of the
powers contained in sections fifty-eight, sixty three and ninety-six
of the Environmental Protection and Pollution Control Act and in consultation
with the Council, the following .Regulations are hereby made:
1. These Regulations
may be cited as the Pesticides and Toxic Substances Regulations, 1994. In
these Regulations unless the context Interpretation otherwise requires-
"application" means the
way and means of using the pesticide or toxic substance on its intended target
as prescribed by the manufacturers;
or toxic substance" means a pesticide or toxic substance for which
all registered uses are prohibited or for which requests for registration have
not been granted;
"bunding" means an
upraised area surrounding the floor of a warehouse to contain any spillage and
washing from pesticides or toxic substances and from cleaning water of the
pesticides and toxic substances;
treatment" means the reaction of a pesticide or toxic substance with
another under optimum conditions of pH, temperature and others;
poison" shall have the same meaning as highly hazardous according
to the World Health Organisation classification;
"disposal" means the
final location of pesticides or toxic substances , their wastes or
contaminatedpackaging materials, by burial, chemical or thermal destruction;
pesticides or toxic substances" means a pesticide or
toxic substance to be assessed in Zambia for primary biological activity, and
not available to the public for sale or use;
"incineration" means the
subjection of a pesticide or toxic substance to an appropriate high temperature
for a specified period of time to achieve complete destruction;
"Inspectorate" means the
Environmental Inspectorate established under section eight-one of the
"label" means the
written, printed or graphic matter on, or attached to, the pesticide and toxic
substance; or the immediate container thereof and the outside container or
wrapper of the retail package of the pesticide or toxic substance;
"packaging" means the
container together with the protective wrapping used to carry and or store
pesticides and toxic substances or their products for wholesale and retail
distribution to users.
material" means the material with which the container is made of;
"pesticide" means a
substance or mixture of substances or organisms intended for controlling,
repelling or mitigating any pest, and a substance or mixture of substances
intended for use as a plant regulator, defoliant or desfoliant;
clothing" means any cloth, material or device designed to provide
protection from pesticides or toxic substances when they are handled or
research institution" means a research institution recognised by the
Minister as competent to carry out research into pesticide or toxic substance
"repacking" means the
transfer of pesticide from any commercial package into any other, usually
smaller container for subsequent sale;
"residue" means any
substances in food, soil agricultural commodities or animal feed resulting from
the use of pesticides and toxic substances and includes any derivatives of a
pesticide or toxic substance considered to be of toxicological significance;
restricted" means a pesticide or toxic substance whose general
registered uses are prohibited but whose certain registered uses are permitted
under these regulations;
substance" means a poisonous substance which causes significant
adverse physiological effects to man,animal or the environment;
"toxicity" means a
physiological or biological property which determines the capacity of a
substance to injure or
harm living organism by being absorbed in the body;
"trader" means anyone
engaged in the trade of pesticides or toxic substances and includes the conduct
of export, import and sale;
poison" shall have the same meaning as extremely hazardous
according to WHO classification;
period" is the period between the last application of the product
and the harvest of plant products, grazing of treated areas and slaughter of
treated animals for food.
3. (1) A person
intending to manufacture, import, export, improve, or process a new pesticide
or toxic substance shall apply for registration to the Inspectorate in Form
PTS I of the First Schedule and shall pay the appropriate application fee set
out in the Second Schedule.
application referred to in sub-regulation (1) shall -
the categories of use of the proposed pesticide or toxic substance;
the trade mark, chemical identity, molecular structure, an estimate of the
amounts, by-products, processing, disposal of the pesticide or toxic
substance and any test data relating to health and environmental effects;
accompanied by a copy of the approved label or a fascmile thereof.
application under this Regulation shall be made at least ninety days before
importing,exporting or the commencement of manufacturing, processing or
reprocessing activities of the pesticides or toxic substance.
person who has manufactured imported or processed a pesticide or toxic
substance in use before the commencement of these Regulations shall apply for
registration under this regulation within thirty days from the commencement
of these Regulations.
(5) The proprietary
rights in the data and information referred to in paragraphs (a) and of sub
regulation (2) (b) shall be duly protected.
4. (1) The
Inspectorate shall register a pesticide or a toxic substance and issue a
certificate of registration in Form PTS 2 if satisfied that the pesticide or
toxic substance which is the subject of the application is suitable and
effective for the purposes for which it is intended without causing damage to
the environment; and
certificate of registration shall be:-
for thirty-six months and renewed for a like period.Provided that the
Inspectorate may limit the validity of registration for any period less
than thirty six months but not less than six months; and
to the conditions determined by the Inspectorate.
pesticide or toxic substance registered not be altered in any way so as to
change its formulation, composition or usage or in any other manner without
approval of the Inspectorate.
5. (1) No
person, except a recognised research or educational institution, shall import
into Zambia, any experimental pesticide and toxic substance which is not
registered under these regulation without authority from the Inspectorate on
Form PTS 4 set out in the First Schedule.
An application to import any experimental pesticide and toxic substance shall
be made in form PTS 3 set out in the First Schedule and shall be accompanied
by the appropriate fee.
recognised research or educational institution which imports an experimental
pesticide and toxic substance shall not later than seven days after the
arrival of the pesticide or toxic substance in Zambia, complete in triplicate
and forward to the Inspectorate Form PTS 5 set out in the First Schedule.
experimental pesticide and toxic substance shall be offered to any person
other than a person approved by the Inspectorate to participate in the
plants or products treated with experimental pesticide or toxic substance
shall be sold or disposed of or consumed without the written authority of the
pesticides and toxic
label affixed to a container in which a pesticide or toxic substance is
imported for purposes of experiment, shall be clearly marked with the words “FOR
EXPERIMENTAL USES ONLY-NOT FOR SALE”.
6. (1) No
person shall transport pesticides or toxic substances unless they are
registered under these Regulations.
person who transports the pesticides and toxic substances shall use vehicles
with clear warning signs with symbols set out in the Third Schedule.
person who transports pesticides and toxic substances shall only transport
pesticides and toxic substances which are:-
labelled in accordance with these Regulations;
packaging that will not allow leakage or spillage of product during loading,
transportation and off loading;
loaded in the same space with food stuffs, goods intended for human or animal
consumption or a container for human and animal use or clothing;
by drivers who carry First Aid Equipment and have the necessary basic
handling and poisoning information on pesticides and toxic substances; and
accordance with the guidelines set out in the Fourth Schedule.
person shall transport severely restricted pesticides or toxic substances -
the consent in writing of the Inspectorate;
are not labelled in accordance with these Regulations;
results in deliberate disposal, or spillage into the environment.
Labelling And Packaging
7. (1) No
person shall sell any pesticide or toxic substance without a label which has
approved by the
Inspectorate and which is securely fixed to the container.
Inspectorate shall not approve a label for a pesticide or toxic substance
unless it states:-
name and address of the company producing and distributing the pesticide or
trade name and formulation of the pesticide or toxic substance;
common name of pesticide or toxic substance;
quantity by mass or volume of the pesticide or toxic substance;
use for which the pesticide or toxic substance is registered;
directions for use;
pictograms in accordance with the Fifth Schedule instructions and warnings on
safe use of the pesticide or toxic substance;
hazard warnings of the contents of the pesticide or toxic substance in
accordance with the warnings set out in Part I and II of the Third Schedule;
against the reuse of containers and instructions for safe disposal of surplus
or expired pesticide or toxic substance or decontamination of empty
containers in accordance with the Eighth Schedule;
aid instructions and medical advice on treatment;
date of manufacture and the date of expiry;
net contents of the pesticide or toxic substance; and
other information the Inspectorate may require.
label on a pesticide or toxic substance shall be large enough to be read
easily and shall be of durable quality.
pesticide or toxic substance shall be transported within Zambia to a
destination where will be further processed, packed or repacked for retail
trade without the label affixed in accordance weith sub-regulations (1) and
person shall use a label which contains inaccurate or untrue claims relating
to the safety, non-toxicity or harmlessness or composition of the pesticide or
8. (1) No
person shall pack a pesticide or toxic substance in a container which:-
react chemically or physically with the substance it is to contain; and
not of sufficient strength for handling and transportation to prevent the
escape of the pesticide or toxic substance.
person shall repack, decant or dispense any pesticide or toxic substance into
food or beverage containers.
person shall load for transportation any packages which are damaged, severely
corroded or which show evidence of leakage.
person shall use very dangerous or dangerous pesticides or toxic substances
which are set out in Part III of the Third Schedule or open the container
and repack such a substance any other container, unless there is adequate
the persons involved are made aware of the hazardous nature of the pesticide
or toxic substance and take all the necessary precautions in the handling of
that substance, including the wearing of appropriate protective clothing; and
measures for the safety of any other person who may be at risk from exposure
to that substance; and
availability of facilities for the administration of the appropriate First
Aid treatment, and the right personnel to deal with emergency situations.
person other than the person in whose name a pesticide or toxic substance is
registered in terms of these regulations may open the container of that
pesticide or toxic substance and repack it for sale.
Inspectorate may direct any person in whose name a pesticide or toxic
substance is registered in terms of these regulations to submit for its
inspection and approval the container of that pesticide or toxic substance.
General Handling, Use And Safety
9. (1) A person
who uses a pesticide or toxic substance, in the form of dust, vapours or very
small spray droplets, the container of which bears or is required to bear a
label with a warning "very dangerous poison" or "dangerous
poison" or where application of the pesticide or toxic substance is in
confined places, shall use suitable and effective cartridge type respirators,
or masks with special canisters, in accordance with the Seventh Schedule.
person who fumigates or applies a pesticide or toxic substance, the container
of which bears or is required to bear a label with a warning "very
dangerous poison" or "dangerous poison" shall use a suitable
respirator so that none of the contaminated ambient air is inhaled.
person shall authorize or order the wearing of a respirator when the canister
or cartridge has exceeded the service life specified by the manufacturer.
woman who is pregnant or child under 16 years of age shall be employed in the
handling of pesticides or toxic substances.
manufacturers, formulators and those involved in the repacking of pesticides
or toxic subbstances shall -
pesticide or toxic
Disposal of pesti-
cides or toxic
or make available a copy of this Regulation to employees involved in the
handling of pesticides or toxic substances;
their employees involved in the handling of pesticides or toxic substances to
undergo medical check-ups once every six months to assess the levels of
pesticides or toxic substances and their effects;
washing facilities for persons handling pesticides or toxic substances;
dust and vapour extractors; and
adequate, suitable and accessible fire extinguishers in the handling areas.
No person shall be allowed to eat, drink or smoke whilst handling pesticides
or toxic substances.
person who contravenes any provision of these regulations shall be guilty of
Storage And Disposal
10 (1) Pesticides
and toxic substances shall of of be stored in a warehouse in accordance with
the Sixth Schedule.
and toxic substances shallbe stored-out-doors only if:-
are fenced and locked;
floor of the storage area is made of concrete and is bunded;
and safety signs are displayed at appropriate places.
11. Pesticides and
toxic substances shall be disposed in accordance with:- toxic
scheme of disposal submitted with the substancesapplication to register the
pesticide and toxic substances;
instructions on the label and accompanying leaflet of a pesticide or toxic
requirements and conditions set out in the Eighth Schedule.
12. (1) The
Minister, may by statutory order and in consultation with the Council, ban or
severely restrict the use of, any pesticide or toxic substance specified in
pesticides or toxic substances which are substancbanned under this regulation
with drawn from sale and all other useswithin six months from the date of
publication of the statutory order;
exported only with the approval of theInspectorate and on such conditions as
13. The Inspectorate
shall maintain a register of the registered pesticides and toxic substances
and of banned and severely restricted pesticides and toxic substances.
14. (1) Any
person who has in possession of surplus expired pesticides or toxic
substances shall within three months of the commencement of these regulations
inform the Inspectorate in Form PTS 6 of the First Schedule.
person who manufactures, imports or processes pesticides or toxic substances
registered under these Regulations shall submit a record of quantities used
and not used and associated storage or other problems relating to the
pesticides or toxic substances to the Inspectorate every six months from the
date of registration.
ed pesticide or
Register of pest-
icides and toxic
Duty to supply
15 (1) If the
Inspectorate has reasonable cause to believe that a person is contravening
any of the provisions of these Regulations or a condition of the
registration, the Inspectorate shall serve an enforcement notice on that person.
enforcement notice shall -
the belief regarding the contravention or the likely contravention of the
provisions of these Regulations or a condition of the licence and specify the
matters constituting the contravention or making it likely that the
contravention w ill arise, as the case may be;
the steps that have to be taken to remedy the contravention or avoid the
contravention, as the case may be;
the time limit within which the stepsdescribed under paragraph (b) have to be
16. Any person who
contravenes any of the and provisions of these Regulations or a condition of
registration after an enforcement notice has been issued under Regulation
have the registration cancelled; and
be guilty of an offence and shall be liable upon conviction to a fine or
conviction as set out in section ninety-one of the Act.
(Regulation 6 and 7)
For Warning Signs For Vehicles
Pesticide Or Toxic Substances
hazardous-warning signs that shall be used on hazard-warning panels and
compartment labels during transportation of toxic substances are set out in
hazard-warning signs that shall be used when transporting pesticides are set
out in part III.
hazard-warning panel for pesticides and toxic substances shall be in form of an
equilateral triangle and a square set with its sides at an angle of 45 to the
verticle respectively and the length of the sides shall be -
a) in the
case of signs on hazard-warning panels, 200 milli-metres or
b) in the
case Of signs on compartments labels 95 millimetres.
for hazard-warning panels shall, for any part of the sign that is not black,
have a black border at least 5 millimetre wide.
White with verticle
White upper half black
Blue flammable gases
when in contact with water
White upper half
red lower half ,white
inhalation LC 50200mg/m3/4h
oral LD50 51-500mg//kg
dermal LD50 201-2,000mg/kg
inhalation LD50 201-2000mg/m 3/4h
oral LD50 501-5,000mg/kg
dermal LD50 2,001mg/kg
inhalation LC50 2,001-20,000mg/m3/4h
Very dangerous poison
and cross bones up to 50 mg/kg
and cross bones up to 200mg/kg:
and cross bones
and cross bones
and cross bones
and cross bones
oral LD50 greater than 20,000mg/kg
dermal LD50 greater than 20,000mg/kg
inhalation LC50 greater than 20,000mg/ m3
inhalation LC50 greater than 20,000mg/m3
Harmful if swallowed
Pesticides shall be
classified according to colour symbol and warning it carries;
Red I Very
(Regulation 6 (3))
For Transportation Of Pesticides And Toxic Substances
that the emergency procedure information relating to the pesticide(s) or toxic
substances card is in the vehicle.
that all hazard warnings are displayed, not obstructed and that they are kept
clean at all times.
3. Follow the route
as advised by the transporter or operator.
4. Ensure that the
vehicle is not left unattended at any time
5. Ensure that the
vehicle has certificate of fitness.
6. Ensure that the
First Aid Equipment is in the vehicle.
Error! Reference source not found.
(Regulation 7 (2) (d))
(FAO, WHO And GIFAP)
The following pictograms
shall be put on labels to complete labelling. They will be put on labels either
as singly or in combination with appropriate ones to give complete
pictogram showing a product kept I safety by key and lock
Dangerous to aquatic
Instructions on type
showing instructions on washing.
to ware protective gloves
to use complete face shield
to show that product is dangerous to animals.
to weresafety goggles
to use respirators
pesticide and toxic substances warehouse should be located away from homes,
highly populated areas, drinking water sources and areas liable to flooding.
floors in the building should be of concrete with a load bearing capacity
suffiecient to withstand the weight of the stock, racking and any machanical
handling equipment to be used. Floors should be impervious to liquids free
from cracks and smooth to facilitate cleaning.
building should be designed such that escape in case of emergency should be
possible from any enclosed area in at least two directions. Emergency exits
should be clearly marked.
warehouse should have access from at least two sides to facilitate fire
fighting, regardless of wind direction and also facilitate easy escape from any
is the physical retention of fire fighting water or spillage. All warehouses
constructed above ground level should have special provision for bunding. This
can be achieved, for example by constructing ramps across external doorways of
building should permit reasonable movement of materials and enough space to
allow hygienic working conditions and clear access to fire-fighting equipment.
walls of the warehouse should be of non-flamable type and all pipings and
electical wiring should be sealed.
roof of the warehouse should be able to effectively keep out rain, be able to
provide both ventilation to allow fumes and heat to escape in case of fire and
at the same time provide protective against direct sunlight.
warehouse should have drains which should not be directly linked to waterways
or public sewers. They should instead be limked by a closed system, to an
evaporation tank should be emptied from time to time depending on the
accumulation of solid waste. It should be covered during the rainy season to
avoid filing by rain water.
2. a) All
products should be stored under lock and key with proper warning signs
to keep away unauthorised persons. Pesticides and toxic substances must be
stored in a sparate warehouse, away from any other goods especially foods and
storing any pesticides ensure that they are properly labelled and are of good
quality and acceptable condition. If any of the products are not in good
condition, do not store them together with other products but take appropriate
pesticides and toxic substances are to be stacked inside the warehouse,
stacking heights should not exceed three metres unless the use of racking
prevents overloading of the lower tiers.
loading pesticides and toxic substances in the warehouse should pay special
attention to "THIS SIDE UP" signs on cartoned packs.
and toxic substances should be stored separately, preferably according to their
use in the field e.g. herbicides, insecticides etc. The objective of this is
to prevent cross contamination as well as minimise the risk of fire and consequent
environmental contamination often presented by mixed storage arrangements.
3. a) All stocks
in the warehouse should be frequently inspected for leakages, caking of
pulverisation of granules, sedimentation or gelling of liquids, change in
colour due to oxidation, dampness of packages and corrosion or deterioration of
containers. All leakages must be treated as being extremely toxic.
should not be cleaned out with water. They must be swept up and kept in a
special labelled container awaiting safe disposal. Liquids should first be
absorbed by saw dust, earth or any other absorbent before being swept up.
warehouse must have an emergency spills treatment kit consisting of a PVC
apron, neoprene gloves, a gas mask, a brush or broom, a dust pan, an empty
clearly labelled container (for collecting wastes) a container of swadust and a
strictly follow the rule "First-in First-out" i.e. new stocks should
be moved to the rear
Clothing And Equipment
person involved in the manufacture and formulation of pesticides or toxic
substances must ensure that the following protective clothing are available to
resistant or chemical resistant overalls or dust coats with buttons to the
resistant or chemical resistant trousers and coat or suit;
canisters with filters specific for dusts, mists, fumes, gases and vapour;
shields covering eyes and face;
B. To clean-up
spills the following should be available:
material( saw dust, sand, earth or powdered lime);
When self contained
breathing apparatus is to be used only persons properly trained and experienced
in the correct procedure should be allowed to use them.
Pesticides and toxic
substances wastes, those which are expired, spillage and leftover diluted
product and packaging material can be disposed of in the following manner:
1. Product Use By
alternative use exists the product may be re- used or may be reformulated for
the purpose for which it is included to be used.
Temperature Incineration (High Temperature Thermal Oxidation)
considered when disposing of most pesticides and toxic substances, but should
NOT be used when disposing:-
products containing heavy metals such as mercury and lead;
To be used as
a disposal technology for a few specific unformulated pesticides and some other
toxic substances. The products of decomposition from such treatment should
not present toxic or environmental hazard.
4 Long Term
compounds cannot be disposed of safely using existing technology. Such
compounds include those containing heavy metals and in particular, organo-
mercury compounds. The only available option is to contain and store these
products safely until a suitably acceptable disposal technology is developed. A
full risk analysis should be made for all materials stored to ensure maximum
safety over the longest foreseeable period of time.
5 Landfill (For
Incinerator Ash And Slag Only)
is not an acceptable disposal option for pesticides and toxic wastes which can
be leached. Incinerator ash and slag can be disposed of at approved landfill
involves the mixing of chemical and other waste with building materials such as
cement, silicates and polymers, causing the mixtures to solidify into an
impervious mass. Waste treated in this way can be disposed of at a landfill.
This should be applicable to inorganic wastes. Organic wastes could easily leach
into ground water with time, and should therefore not be used in disposing
organic pesticides or toxic substances.
packaging material shall be disposed as follows:
boxes and bags should be cut and rendered non-usable. The waste should be
over-packed in plastic bags to minimise the risk of exposure during handling.
Disposal of these should be carried out by either:-
in a simple incinerator, or on a hot fire in isolated area downwind of the
in an approved landfill.
packaging shall be drained well to reduce residues to a minimum by
triple-rinsing with water or an appropriate solvent such as diesel fuel. The
triple rinsed packaging material should be made unusable by shredding or
crushing. Combustible packaging material should be incinerated as described in
bustible crushed containers should be buried in a landfill site.
which cannot be or have not been triple rinsed should be over-packed in strong
polyethylene bags or preferably 200 litre steel drums for disposal as toxic
be made to drain the maximum amount of residue from each container prior to
triple rinsing with water or a suitable solvent and disposed as follows:
rinsed and drained drums should be crushed, to render them unusable and
disposed of by either:
SMELTING - This is the preferred option. Where the drums are processed at high
temperature for metal recovery.
in an approved landfill site at least one metre below ground level.
rinsing, plastic drums must be punctured and shredded to avoid any form of
reuse and packed for disposal by burial at approved landfill sites. Large
quantities of plastic wastes must not be burned except in approved incinerators
with flue-gas scrubbing facilities.
-Where no "safe disposal" facilities exist in Zambia, export of
pesticide and toxic wastes to another country with facilities can be done.
To Manufacturer -Where a manufacturer is willing to accept pesticides or toxic
substances wastes or expired obsolete stocks, this will be accepted as a
pesticide or toxic
22nd December, 1993 Minister
of Environment and