Application of this Part
s 9
9. This Part does not apply to —(a) the cultivation of any plant for domestic and home gardening purposes; and (b) the cultivation of any plant which is not for sale.
Control of Plants Act 1993 PART 3 — CONTROL OF CULTIVATION OF PLANTS
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
No cultivation of plants without licence
s 10
10. A person must not cultivate any plant on any premises except under and in accordance with a licence issued by the Director‑General.
Use of pesticide
s 11
11.—(1) A person must not use any pesticide in the cultivation of any plant unless —(a) the pesticide is registered with the Director-General; and (b) the person is a certified pesticide operator or the use is supervised by a certified pesticide operator. (2) Any person who uses any pesticide in the cultivation of any plant must ensure that —(a) the pesticide is properly stored in the prescribed manner; (b) the pesticide container is disposed of in the prescribed manner; and (c) the pesticide residue on any plant cultivated does not exceed the prescribed level.
Certified pesticide operator
s 12
12.—(1) A person who desires to be certified as a pesticide operator may make an application to the Director-General. (2) The Director-General may certify a person as a pesticide operator if the Director-General is satisfied that —(a) the person possesses the prescribed qualifications and practical experience; and (b) the person is in all other respects a fit and proper person to be entrusted to apply or otherwise use pesticides safely. (3) Where a person is certified as a pesticide operator, the Director‑General must issue the person a certificate to that effect.
Suspension or cancellation of certification of pesticide operator
s 13
13. The Director-General may suspend or cancel the certification of a person as a pesticide operator if the pesticide operator —(a) uses or supervises the use of any pesticide which is not registered with the Director-General; (b) uses or supervises the use of any pesticide otherwise than in accordance with the instructions specified by the manufacturer of the pesticide; (c) is responsible for any failure to store any pesticide in the prescribed manner; (d) disposes or causes or allows the disposal of any pesticide container otherwise than in the prescribed manner; or (e) fails to keep any records of the use of any pesticide that the Director-General may require.
Application for registration of pesticide
s 14
14.—(1) Every pesticide for use in the cultivation of any plant must be registered with the Director-General. (2) An application for registration under subsection (1) must be made in such manner and form and accompanied by such documents and particulars as may be required by the Director‑General. (3) The Director-General may establish one or more committees consisting of any persons that the Director‑General may appoint for the purpose of advising him or her on any matters arising out of any application for registration under this section as are referred to any such committee by the Director-General.
Protection of confidential supporting information about innovative pesticides
s 15
15.—(1) Where the Director-General receives an innovative pesticide application and confidential supporting information, the Director‑General, during the protected period in relation to that confidential supporting information —(a) must take reasonable steps to ensure that the confidential supporting information is kept confidential to the Director‑General; and (b) must not use the confidential supporting information for the purposes of determining whether to grant any other application. (2) In this section and section 16, unless the context otherwise requires —“application” means an application for registration of a pesticide under section 14; “confidential information” includes —(a) trade secrets; and (b) information that has commercial value that would be, or would be likely to be, diminished by disclosure; “confidential supporting information” means confidential information given —(a) in, or in relation to, an innovative pesticide application; and (b) about the pesticide that is or was (as the case may be) the subject of that application; “Director-General” includes any public officer or officer of the Board or of any other statutory authority authorised under section 6 to carry out registration of pesticides under section 14; “ingredient” includes a chemical or biological entity; “innovative pesticide application” means in relation to an application made after 8 January 1999, an application that refers to an active ingredient —(a) that is an active ingredient of the pesticide to which the application relates; and (b) that has not, before that application is received by the Director-General, been mentioned in any other application as an active ingredient of the pesticide; “protected period”, in relation to confidential supporting information relating to an innovative pesticide application received by the Director-General, means a period of 5 years from the date the innovative pesticide application is or was (as the case may be) received by the Director-General.[10/2019]
Circumstances where protection under section 15 does not apply
s 16
16.—(1) Despite section 15, the Director-General may, during the protected period in relation to confidential supporting information —(a) disclose that confidential supporting information, or use that confidential supporting information for the purposes of determining whether to grant any application other than the application to which it relates or related, as the case may be —(i) with the consent of the applicant who made the application to which the confidential supporting information relates or related; or (ii) if that disclosure or use is, in the opinion of the Director‑General, necessary to protect the health or safety of members of the public; (b) disclose that confidential supporting information to a Government department or statutory body for the purposes of the Government department or statutory body if, in the opinion of the Director‑General, the Government department or statutory body will take reasonable steps to ensure the confidential supporting information is kept confidential; or (c) disclose that confidential supporting information to any one or more of the following:(i) the World Health Organisation; (ii) the Food and Agriculture Organisation; (iii) any regulatory agency of a WTO Country; (iv) any committee established under section 14(3); (v) any person or organisation, or a person or an organisation within a class or classes of persons or organisations, approved by any rules made under this Act, if the disclosure is in accordance with such conditions as may be specified in the rules. (2) The power to grant consent under subsection (1)(a)(i) may be exercised by a person other than the applicant mentioned in that subsection if —(a) that applicant —(i) has notified the Director-General in writing that that other person may grant that consent; and (ii) has not notified the Director-General in writing that that person’s authority to grant that consent has been withdrawn; or (b) that applicant’s rights in respect of the relevant confidential supporting information have been transferred to that person and the applicant or that other person has notified the Director-General in writing of the transfer. (3) In this section, “WTO Country” means a country that is a party to the Agreement establishing the World Trade Organisation adopted at Marrakesh on 15 April 1994.
Back to Control of Plants Act 1993 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
The Singapore legislation on this platform is subject to copyright of the Singapore Government and is used/reproduced for the purposes of this platform with the permission of the Attorney-General's Chambers. Users of this platform may check Singapore Statutes Online for the latest version of the Singapore legislation.
What to look at next
Control of Plants Act 1993, full textChapter navigation and full text, so you can read this section in contextSingapore legislationSingapore Acts by type and yearGrouped by instrument type and year of enactment, so you can find others of the same kindBrowse by type and yearSingapore: what this database coversWhich datasets are here, which official source they come from, and how current they areSingapore overview