Suplement to the Republic of Zambia Government
Gazette dated the 28th January, 1994
GOVERNMENT OF ZAMBIA
____________
Statutory Instrument No. 20 Of 1994
____________
The Environmental
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:
Part
I
Preliminary
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;
"banned pesticide
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;
"chemical
treatment" means the reaction of a pesticide or toxic substance with
another under optimum conditions of pH, temperature and others;
"dangerous
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;
"experimental
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
Act;
"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.
"packaging
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;
"protective
clothing" means any cloth, material or device designed to provide
protection from pesticides or toxic substances when they are handled or
applied;
"recognised
research institution" means a research institution recognised by the
Minister as competent to carry out research into pesticide or toxic substance
use;
"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;
"severely
restricted" means a pesticide or toxic substance whose general
registered uses are prohibited but whose certain registered uses are permitted
under these regulations;
"toxic
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;
"very dangerous
poison" shall have the same meaning as extremely hazardous
according to WHO classification;
"withholding
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.
Part
II
Registration
|
Applica-tion for
regist-
ration of
pesticide
|
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.
(2) The
application referred to in sub-regulation (1) shall -
(a) indicate
the categories of use of the proposed pesticide or toxic substance;
(b) indicate
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;
(c) be
accompanied by a copy of the approved label or a fascmile thereof.
(3) The
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.
(4) A
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.
|
|
|
Certificate
of registration
Import of
experimental
pesticide and
toxic substa-
nces
|
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
(2) A
certificate of registration shall be:-
(a) valid
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
(b) subject
to the conditions determined by the Inspectorate.
(3) A
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.
(2)
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.
(3) Any
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.
(4) No
experimental pesticide and toxic substance shall be offered to any person
other than a person approved by the Inspectorate to participate in the
experimentation.
(5) No
plants or products treated with experimental pesticide or toxic substance
shall be sold or disposed of or consumed without the written authority of the
Inspectorate.
|
|
|
Transportat-ion of
pesticides and toxic
substances
|
(6) The
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.
(2) Any
person who transports the pesticides and toxic substances shall use vehicles
with clear warning signs with symbols set out in the Third Schedule.
(3) A
person who transports pesticides and toxic substances shall only transport
pesticides and toxic substances which are:-
(a) clearly
labelled in accordance with these Regulations;
(b) in
packaging that will not allow leakage or spillage of product during loading,
transportation and off loading;
(c) not
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;
(d) conveyed
by drivers who carry First Aid Equipment and have the necessary basic
handling and poisoning information on pesticides and toxic substances; and
(e) in
accordance with the guidelines set out in the Fourth Schedule.
(4) No
person shall transport severely restricted pesticides or toxic substances -
(a) without
the consent in writing of the Inspectorate;
(b) which
are not labelled in accordance with these Regulations;
(c) which
results in deliberate disposal, or spillage into the environment.
|
|
|
Labelling
|
Part Iii
Labelling And Packaging
7. (1) No
person shall sell any pesticide or toxic substance without a label which has
been
approved by the
Inspectorate and which is securely fixed to the container.
(2) The
Inspectorate shall not approve a label for a pesticide or toxic substance
unless it states:-
(a) the
name and address of the company producing and distributing the pesticide or
toxic substance;
(b) the
trade name and formulation of the pesticide or toxic substance;
(c) the
common name of pesticide or toxic substance;
(d) the
quantity by mass or volume of the pesticide or toxic substance;
(e) the
use for which the pesticide or toxic substance is registered;
(f) the
directions for use;
(g) the
withholding period;
(h) in
pictograms in accordance with the Fifth Schedule instructions and warnings on
safe use of the pesticide or toxic substance;
(i) the
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;
(j) warning
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;
(k) first
aid instructions and medical advice on treatment;
|
|
|
(l) the
date of manufacture and the date of expiry;
(m) the
net contents of the pesticide or toxic substance; and
(n) any
other information the Inspectorate may require.
(3) The
label on a pesticide or toxic substance shall be large enough to be read
easily and shall be of durable quality.
(4) No
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
(2).
(5) No
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
toxic substance.
8. (1) No
person shall pack a pesticide or toxic substance in a container which:-
(a) will
react chemically or physically with the substance it is to contain; and
(b) is
not of sufficient strength for handling and transportation to prevent the
escape of the pesticide or toxic substance.
(2) No
person shall repack, decant or dispense any pesticide or toxic substance into
food or beverage containers.
(3) No
person shall load for transportation any packages which are damaged, severely
corroded or which show evidence of leakage.
(4) No
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
provision for:-
(a) all
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
(b) appropriate
measures for the safety of any other person who may be at risk from exposure
to that substance; and
|
Packaging
|
|
|
(c) immediate
availability of facilities for the administration of the appropriate First
Aid treatment, and the right personnel to deal with emergency situations.
(5) No
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.
(6) The
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.
Part IV
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.
(2) A
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.
(3) No
person shall authorize or order the wearing of a respirator when the canister
or cartridge has exceeded the service life specified by the manufacturer.
(4) No
woman who is pregnant or child under 16 years of age shall be employed in the
handling of pesticides or toxic substances.
(5) All
manufacturers, formulators and those involved in the repacking of pesticides
or toxic subbstances shall -
|
|
|
Conditions of
storage of
pesticide or toxic
substances
Disposal of pesti-
cides or toxic
substances
|
(a) display
or make available a copy of this Regulation to employees involved in the
handling of pesticides or toxic substances;
(b) cause
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;
(c) provide
washing facilities for persons handling pesticides or toxic substances;
(d) install
dust and vapour extractors; and
(e) install
adequate, suitable and accessible fire extinguishers in the handling areas.
(6)
No person shall be allowed to eat, drink or smoke whilst handling pesticides
or toxic substances.
(7) Any
person who contravenes any provision of these regulations shall be guilty of
an offence.
Part V
Storage And Disposal
10 (1) Pesticides
and toxic substances shall of of be stored in a warehouse in accordance with
the Sixth Schedule.
(2) Pesticides
and toxic substances shallbe stored-out-doors only if:-
(a) they
are fenced and locked;
(b) the
floor of the storage area is made of concrete and is bunded;
(c) hazard
and safety signs are displayed at appropriate places.
11. Pesticides and
toxic substances shall be disposed in accordance with:- toxic
|
|
|
|
(a) the
scheme of disposal submitted with the substancesapplication to register the
pesticide and toxic substances;
(b) the
instructions on the label and accompanying leaflet of a pesticide or toxic
substance; and
(c) the
requirements and conditions set out in the Eighth Schedule.
Part V
Miscellaneous
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
such notice.
(2) The
pesticides or toxic substances which are substancbanned under this regulation
shall:-
(a) be
with drawn from sale and all other useswithin six months from the date of
publication of the statutory order;
(b) be
exported only with the approval of theInspectorate and on such conditions as
it maydetermine.
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.
(2) Any
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.
|
Banned or
severly restrict-
ed pesticide or
toxic substance
Register of pest-
icides and toxic
substances
Duty to supply
information
|
|
Enforcement notice
Offenses and
penalties
|
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.
(2) An
enforcement notice shall -
(a) state
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;
(b) specify
the steps that have to be taken to remedy the contravention or avoid the
contravention, as the case may be;
(c) specify
the time limit within which the stepsdescribed under paragraph (b) have to be
taken.
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
15:-
(a) shall
have the registration cancelled; and
(b) shall
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.
|
|
|
|
|
|
|
|
Third
Schedule
(Regulation 6 and 7)
Symbols
For Warning Signs For Vehicles
Transporting
Pesticide Or Toxic Substances
Part I
B
1. The
hazardous-warning signs that shall be used on hazard-warning panels and
compartment labels during transportation of toxic substances are set out in
part II.
2. The
hazard-warning signs that shall be used when transporting pesticides are set
out in part III.
3. Each
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.
4. Signs
for hazard-warning panels shall, for any part of the sign that is not black,
have a black border at least 5 millimetre wide.
Part II
Toxic
|
Description
of sign
|
Symbol
|
Lettering
|
Background
|
|
Flammable liquids
Flammable gases
Flammable solid
Corrosive substances
Toxic gases
Organic peroxides
Oxidising substances
Substances emitting
Spontaneously
Harmful substances
|
Black
Black
Black
Black
Black
Black
Black
Black
Black
Black
|
Black
Black
Black
White
Black
Black Black
Black
Black
Black
|
Red
Red
White with verticle
red stripes
White upper half black
lower half
White
Yellow
Yellow
Blue flammable gases
when in contact with water
White upper half
combustible
red lower half ,white
|
Part III
|
Pesticide
Toxicity
|
Colour code
|
Warning
|
Additional
|
|
(i) Acute
oral LD50
(ii) Acute
dermal LD50
(iii) Acute
inhalation LC 50200mg/m3/4h
(iv) Acute
oral LD50 51-500mg//kg
(v) Acute
dermal LD50 201-2,000mg/kg
(vi) Acute
inhalation LD50 201-2000mg/m 3/4h
(vii) Acute
oral LD50 501-5,000mg/kg
(viii) Acute
dermal LD50 2,001mg/kg
(ix) Acute
inhalation LC50 2,001-20,000mg/m3/4h
|
