Application for registration of pesticides
(1) A person desiring to import or manufacture a pesticide shall apply to the Board in the prescribed manner for registration of the pesticide.
(2) Subject to subsection (4), an applicant must with his application submit to the Board—
(a) a statement of the common name of the pesticide, if available, its trade name, its chemical name, and its structural formula, and of the name and concentration of every active ingredient of the pesticide;
(b) the name and concentration of every other ingredient of the pesticide;
(c) detailed toxicological information on every ingredient of the pesticide and on the pesticide as a whole;
(d) all matters proposed to be included in the label of the pesticide, including instructions for, and the precautionary measures to be taken in connection with, its use the claims made for it and the proposed class of pesticide;
(e) a statement as to, or a sample of, the proposed package of the pesticide;
(f) reports on the efficacy and safety of the pesticide;
(g) a statement of the methods of analyzing the pesticide and of the authorities or sources of information on which the statement is based;
(h) a statement of the methods of determining the residue of the pesticide on plants or crops on which it is intended to be used;
(i) the addresses of the place of business of the applicant and of the place where the applicant intends to store pesticides; J) it he is a manutacturer, the name and address of the factory, building, or premises at which the applicant intends to manufacture the pesticide and an outline of the process of manufacturing the pesticide; and
(k) a prescribed amount of a sample of the pesticide which the applicant intends to register.
(3) The Board may require the applicant-
(a) to submit to it any information relating to the pesticide other than the matters specified in subsection (2); and
(b) to amend or modify the matters specified in paragraphs
(2) (d) and (e) so as to comply with the rules or regulations relating thereto or, if there are no such rules or regulations for the time being, with the policy of the Board relating thereto.
(4) The Board may, in any particular case, waive any of the requirements of subsection (2) or accept and act on an application that lacks any of those requirements, if it considers that it may properly act under section 8 notwithstanding the absence of that requirement.
(5) Every application made to the Board under subsection (1) shall be accompanied by the prescribed application fee. Registration and refusal to register
(1) Upon receipt of an application duly made under and in accordance with section 7 and the rules, and after compliance by
the applicant with any requirement of the Board made under subsection 7(3), the Board may, after such inquiry or investigatior s it considers proper and necessarv to carry out and on pavment of the prescribed registration fee, register the pesticide to which the application relates subject to such conditions as the Board thinks fit to impose, state the class of pesticide, assign a registration number thereto, and issue to the applicant a certificate of registration thereof, if the Board is satisfied that—
(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 labelling and packaging or, if there are no such rules or regulations for the time being, with the policy of the Board relating thereto; and
(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 pesticide.
(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.
(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
*NOTE—Standards and Industrial Research Institute of Malaysia (Incorporation) Act 1975 [Act 157] has since been repealed by Standards of Malaysia Act 1996 [Act 549]-see subsection 23(1) of Act 549.
(1) The period of registration of a pesticide shall be five years but the pesticide may, on application by the person on whose application the pesticide was registered and on payment of the prescribed registration fee, be re-registered at the end of every five-year period.
(2) An application for re-registration of a pesticide shall be made and dealt with in the same manner as an application for registration under section 7. Power to cancel registration
(1) Subject to subsection (2) and without prejudice to any prosecution that may be brought under this Act or the rules or regulations, the Board may order the cancellation of the registration of a pesticide...
(a) upon receipt of a notification in writing from the person on whose application the pesticide was registered, and on being satisfied, that the pesticide has been withdrawn from sale or use;
(b) if the Board considers it undesirable that the pesticide should continue to remain registered owing to its toxicity, inefficacy or adverse effects on human beings, animals, plants, fruits or property;
(c) if the pesticide does not conform to the claims made for it in its label;
(d) if its label does not comply with the requirements of this Act ot the rules or regulations;
(e) if any of the conditions subject to which the pesticide is registered has not been observed;
(f) if the Board finds that any of the matters submitted to it under subsection 7(2) is untrue in any material particular;
(g) if the Board is satisfied that the pesticide has fallen into disuse.
(2) Before ordering the cancellation of the registration of a pesticide on any of the grounds in subsection (1), other than those in paragraph (a) thereof, the Board shall by notice in writing give the person on whose application the pesticide was registered an opportunity to show cause against the making of the order, and pending the making of such order all sales, import or manufacture of the pesticide by that person shall be suspended from the date of the receipt of the notice by him. Registrant shall inform Board about adverse effects of pesticide
(1) Without prejudice to the power conferred upon the Board under section 10, the person on whose application the pesticide was registered shall inform the Board upon discovering any adverse effects of the pesticide on human beings, animals, plants, fruits or property, within sixty days from such discovery.
(2) Any person who contravenes subsection (1) commits an offence. Appeal against decision of Board
(1) If an applicant for registration or re-registration of a pesticide is dissatisfied with the refusal of the Board to register or reregister the pesticide or if the person on whose application a pesticide was registered is dissatisfied with the order of the Board to cancel the registration of the pesticide, the applicant or person, as the case may be, may appeal to the Minister whose decision shall be final and shall not be called into question in any court.
(2) In the case of an appeal against the refusal of the Board to register or re-register a pesticide, the appellant may submit to the Minister any information relating to the pesticide additional to that previously submitted to the Board on condition that it is also at the same time submitted to the Board. Gazetting of pesticides
As soon as possible after a pesticide has been registered, reregistered or removed from the register by cancellation, the Board shall cause the fact to be published in the Gazette together with particulars relating to the pesticide sufficient to identify it. Prohibitions as to importation and manufacture, and penalty
(1) Except as provided in sections 14 and 14A, no person shall import or manufacture-
(a) a misbranded pesticide;
(b) a pesticide that is not for the time being registered on his application under this Act; or
(c) a pesticide otherwise than in accordance with the conditions subject to which it was registered on his application.
(2) Subject to subsection (3), a person who contravenes subsection
(1) commits an offence and is liable, on a first conviction, to imprisonment tor tive years or to a fine of fiity thousand ringgit and, on a second ot subsequent conviction, to imprisonment for ten years or to a fine of one hundred thousand ringgit or to both.
(3) Notwithstanding subsections (1) and (2), it shall be a defence to a charge under paragraph (1) (a) of importing or manufacturing a pesticide that is misbranded as defined in paragraph 2(3)(g) or
(h), that, in the process of manufacturing or transporting the pesticide, some extraneous substance has unavoidably become intermixed with it. Importation of pesticides for educational or research purposes
(1) A person desiring to import a pesticide for educational or research purposes or as registration sample or analytical standard shall apply to the Board in the prescribed manner and accompanied with the prescribed application fee, for a permit to import the pesticide.
(2) Upon receipt of an application under subsection (1), the Board may, if it is satisfied that the pesticide desired to be imported is intended solely for educational or research purposes or as a registration sample or an analytical standard, issue to the applicant a permit in the prescribed form subject to such conditions as the Board thinks fit to impose, including conditions as to the disposal of any unused surplus of the pesticide.
(3) If an applicant for a permit under this section is dissatisfied with the refusal of the Board to issue to him the permit, he may appeal to the Minister whose decision shall be final and shall not be called into question in any court.
(4) A permit issued under this section shall authorize the importation of one consignment only of one or more pesticides within a specified period.
(5) The person to whom a permit is issued under this section subject to the conditions thereot, import the pesticide or pesticides named therein notwithstanding that the pesticide or pesticides are not for the time being registered under this Act on his application and notwithstanding the prohibitions in section 13 against the importation of misbranded or unregistered pesticides.
(6) A person who imports a pesticide under a permit issued to him under this section but contrary to or in breach of any of the conditions of the permit commits an offence.
(7) A person who imports a pesticide under a permit issued to him under this section and who uses or disposes of the pesticide otherwise than for educational or research purposes or as a registration sample or an analytical standard, commits an offence and is liable to imprisonment for three years or to a fine of fifty thousand ringgit.
(8) The Board may delegate its functions under this section to any member thereof. Research or experiment on unregistered pesticides synthesized in Malaysia
(1) A person desiring to carry out any research or experiment outside the laboratory on an unregistered pesticide synthesized in Malaysia shall apply to the Board in the prescribed manner, and accompanied with the prescribed application fee, for a permit to carry out the research or experiment.
(2) Upon receipt of an application under subsection (1), the Board may, if it is satisfied that the pesticide desired to be researched or experimented on is intended solely for the purpose of research or experiment, issue to the applicant a permit in the prescribed form subiect to such conditions as the Board thinks fit to impose, including conditions as to the disposal of any unused surplus of the pesticide.
(3) If an applicant for a permit under this section is dissatisfied with the refusal of the Board to issue to him the permit, he may appeal to the Minister whose decision shall be final and shall not be called into question in any court.
(4) The person to whom a permit is issued under this section may, subject to the conditions of the permit, research or experiment on the pesticide named in the permit, notwithstanding that the pesticide is not for the time being registered under this Act and notwithstanding the prohibitions in section 53A against the possession or use of unregistered pesticides.
(5) A person who researches or experiments on a pesticide under a permit issued to him under this section, but contrary to or in breach of any of the conditions of the permit, commits an offence.
(6) A person who researches or experiments on an unregistered pesticide without a permit issued to him under this section commits an offence and is liable to imprisonment for six years or to a fine of fifty thousand ringgit.
(7) The Board may delegate its functions under this section to any of its members.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
