Licence to manufacture pesticides
(1) A person desiring to manufacture a pesticide shall apply to the Board in the prescribed manner and accompanied with the prescribed applicatión fee, for a licence to manufacture the pesticide.
(2) Upon receipt of an'application duly made under subsection
(1) and in accordance with the rules, the Board may, issue to the applicant a licence in the prescribed form subject to such conditions as the Board thinks fit to impose, if the Board is satisfied that-
(a) the pesticide to which the application relates is for the time being registered under this Act on the application of the applicant;
(b) the applicant is technically competent to manufacture the pesticide; and
(c) the applicant is aware of the toxicity of the pesticide and of the risks involved in the use and handling thereof, and is equipped with effective means of minimizing or avoiding them.
(3) A licence under this section shall be valid for three years from the date of its issue but may be renewed at the end of every three-year period on payment of the prescribed application fee. Appointment of Pesticides Licensing Officers
For the purpose of this Act, the Minister may by notification in the Gazette appoint such number of officers of any Department of Agriculture as he considers necessary, to be Pesticides Licensing Officers for specified areas. Licence to sell or store pesticides
(1) A person desiring to sell or store for sale a pesticide shall, in the prescribed manner and accompanied with the prescribed application fee, apply for a licence for that purpose to the Pesticides Licensing Officer for the area in which he resides or, in the case of a body corporate or firm, in which the body corporate or firm has its place or principal place of business.
(2) Upon receipt of an application duly made under subsection
(1) and in accordance with the rules, the Pesticides Licensing Officer may, issue to the applicant a licence in the prescribed form subject to such conditions as the Pesticides Licensing Officer thinks fit to impose, if he is satisfied that-
(a) the pesticide to which the application relates is for the time being registered under this Act; and
(b) the applicant is aware of the toxicity of the pesticide and of the risks involved in the use and handling thereof.
(3) A licence under this section—
(a) shall not authorize the sale or storage for sale of a pesticide at more than one premises;
(b) shall specify the premises at which the sale or storage for sale of the pesticide is authorized;
(c) may authorize both the sale and storage for sale of one or more pesticides that may be of the same class or different classes of pesticides at the specified premises; and
(d) shall be valid for three years from the date of its issue but may be renewed on payment of the prescribed application fee. Revocation and suspension of licence
(1) If the Board, in the case of a licence to manufacture, or the proper Pesticides Licensing Officer, in the case of a licence to sell or store for sale, is satisfied that—
(a) the application on which the licence has been granted under section 15 or 17, as the case may be, contains a misrepresentation as to a material fact; or
(b) the holder of the licence has failed to comply with any of the conditions subject to which it was issued or has contravened any of the provisions of this Act or the rules or regulations, the Board or Pesticides Licensing Officer, as the case may be, may, without prejudice to any prosecution that may be brought under this Act or the rules or regulations, but subject to subsection
(2), revoke the licence; suspend it for such period as the Board or Pesticides Licensing Officer, as the case may be, thinks fit, or refuse to renew it.
(2) Before acting under subsection (1), the Board or Pesticides Licensing Officer, as the case may be, shall give the holder of the licence concerned an opportunity to show cause against so acting.
Appeal against decision of Board or Pesticides Licensing Officer
If an applicant for a licence or a holder of a licence, as the case may be, is dissatisfied with the refusal of the Board or Pesticides Licensing Officer to grant or renew a licence under section 15 or 17, or the decision of the Board or Pesticides Licensing Officer to revoke, suspend, or refuse to renew his licence under section 18, he may appeal to the Minister whose decision shall be tinal and shall not be called into question in any court. Offences relating to manufacture, sale, and storage for sale
(1) No person shall manufacture, sell, or store for sale a pesticide unless he is licensed to do so under this Act or otherwise than in accordance with the conditions of a licence to do so issued to him under this Act.
(2) No person shall sell or store for sale a pesticide other than at the premises specified in a licence issued to him under section 17.
(3) No person, whether or not he is licensed under this Act, shall sell or store for sale a pesticide that is misbranded or is not for the time being registered under this Act.
(4) A person who contravenes any of the provisions of this section commits an offence and is liable, on a first conviction, to imprisonment for three years or to a fine of ten thousand ringgit and, on a second or subsequent conviction, to imprisonment for six years or to a fine of twenty thousand ringgit or to both.
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).
