Pesticides and vector repellents to be registered, etc.
Open ↗5.—(1) A person must not —(a)
advertise any pesticide as being suitable for the purpose of vector control;
(b)
sell or supply any pesticide for the purpose of vector control; or
(c)
advertise, sell or supply any substance, mixture or preparation as being suitable for repelling vectors,
unless the pesticide, substance, mixture or preparation (as the case may be) is registered under section 7.
(2) A person must not sell any pesticide or vector repellent registered under section 7 otherwise than in a container or package to which is affixed or on which is printed a label that the Director‑General has approved and that shows clearly and distinctly the particulars prescribed by the regulations.
(3) A vector control operator, vector control technician or vector control worker must not use any pesticide for the purpose of carrying out any vector control work unless the pesticide is registered under section 7.
Application for registration of pesticides and vector repellents
Open ↗6. An application for the registration of a pesticide or vector repellent must be made to the Director‑General in such form as the Director‑General may require and must be accompanied by —(a)
the prescribed fee;
(b)
such particulars, information and documents as may be prescribed;
(c)
such samples of —(i)
the pesticide or vector repellent and its container or package; and
(ii)
the label that is intended to be used in respect of the pesticide or vector repellent,
as the Director-General may require; and
(d)
if required by the Director-General, a statutory declaration by the applicant verifying any information contained in or relating to the application.
Registration of pesticides and vector repellents
Open ↗7.—(1) On receiving an application under section 6, the Director‑General must consider the application and may —(a)
subject to subsection (2), register the pesticide or vector repellent (as the case may be) with or without conditions; or
(b)
refuse to register the pesticide or vector repellent.
(2) The Director-General must not register any pesticide or vector repellent unless he or she —(a)
is satisfied that the pesticide or vector repellent conforms to the prescribed standards; and
(b)
approves of the label that is intended to be used in respect of the pesticide or vector repellent.
(3) Where the Director-General has, under subsection (1)(b), refused to register a pesticide or vector repellent, he or she must, if requested to do so by the applicant, state in writing the reasons for the refusal.
(4) The conditions which the Director-General may impose under subsection (1)(a) include —(a)
any condition restricting either or both of the following:(i)
the use of any pesticide for the purpose of vector control;
(ii)
the persons or class of persons by whom any pesticide may be used for the purpose of vector control; and
(b)
any condition concerning the particulars to be shown on the label which is to be printed on or affixed to the container or package in which any pesticide or vector repellent is to be sold or supplied.
(5) The Director-General may at any time vary or revoke any of the existing conditions imposed under subsection (1)(a) or impose new conditions.
(6) Upon registering a pesticide or vector repellent, the Director‑General must —(a)
assign a registration number to the pesticide or vector repellent;
(b)
issue a certificate of registration to the registrant; and
(c)
make a record of the registration of the pesticide or vector repellent in the register maintained by the Director‑General under section 9.
(7) The registration of a pesticide or vector repellent takes effect from the date stated in the certificate of registration and remains in force until it is cancelled under section 10.
Registration mark
Open ↗8.—(1) Where a pesticide or vector repellent has been registered by the Director‑General under section 7, the registrant must cause a registration mark to be shown clearly and in a conspicuous position on the label on every container or package in which the pesticide or vector repellent is to be sold or supplied.
(2) The registration mark must be in such form and must contain such particulars as the Director‑General may determine.
Register of pesticides and vector repellents
Open ↗9.—(1) The Director-General must maintain, in the form that he or she thinks fit, a register of all pesticides and vector repellents registered under section 7.
(2) Any person may, on payment of the prescribed fee, inspect the register at any time during office hours.
Cancellation of registration of pesticide or vector repellent
Open ↗10.—(1) The Director-General may cancel the registration of a pesticide or vector repellent if satisfied that —(a)
having regard to any information received by him or her subsequent to the registration of the pesticide or vector repellent concerning the effects thereof, the hazards arising from the use of the pesticide for the purpose of vector control, or from the use of the vector repellent for the purpose of repelling vectors, outweigh the advantages of its use;
(b)
the pesticide or vector repellent is not being prepared in accordance with the particulars registered in respect of the pesticide or vector repellent, as the case may be;
(c)
the pesticide or vector repellent no longer conforms to the prescribed standards;
(d)
the pesticide or vector repellent is no longer available for purchase in Singapore;
(e)
the registrant has procured the registration of the pesticide or vector repellent by providing any false particulars, information or document or making any false statement or representation;
(f)
the registrant has failed to comply with any of the conditions subject to which the pesticide or vector repellent has been registered;
(g)
the container or package in which the pesticide or vector repellent is being sold or supplied or the label printed on or affixed to the container or package does not comply with the prescribed requirements;
(h)
the pesticide or vector repellent is being advertised in a manner that is false, misleading or deceptive; or
(i)
the registrant has contravened any of the provisions of this Act.
(2) Before cancelling the registration of a pesticide or vector repellent, the Director‑General must serve a written notice on the registrant requiring the registrant, within such time as may be specified in the notice, to show cause to the Director‑General as to why the registration of the pesticide or vector repellent should not be cancelled.
(3) If the registrant fails to show cause as mentioned in subsection (2) within the specified time or within such further period as the Director‑General may allow, the Director‑General may cancel the registration of the pesticide or vector repellent as from a date he or she specifies.
(4) If the registrant complies with the notice, the Director‑General must consider any representations or submissions made by or on behalf of the registrant, and if the Director‑General is satisfied as to any of the matters mentioned in subsection (1), he or she may —(a)
cancel the registration of the pesticide or vector repellent as from a date he or she specifies; or
(b)
allow the registration of the pesticide or vector repellent to continue, subject to the terms and conditions specified by the Director‑General.
(5) The Director-General must, as soon as possible, inform the registrant in writing if the Director‑General —(a)
cancels the registration of a pesticide or vector repellent under subsection (3) or (4)(a); or
(b)
allows the registration of a pesticide or vector repellent to continue subject to terms and conditions under subsection (4)(b).
Removal of registration marks, surrender of stocks, etc., upon cancellation of registration
Open ↗11. Upon the cancellation of the registration of a pesticide or vector repellent —(a)
the person to whom the registration was granted must, unless the Director‑General otherwise directs, immediately take reasonable and necessary steps to have the registration mark removed, cancelled or obliterated from every container, package or label on which the person has printed or caused to be printed or to which the person has affixed or caused to be affixed, the registration mark; and
(b)
the Director-General may, by written notice addressed to the person to whom the registration was granted, require that person to recall all stocks, or to cease the sale, supply or distribution, of that pesticide or vector repellent within such time as the Director‑General may specify in the notice.
Appeals
Open ↗12.—(1) Any person aggrieved by —(a)
the imposition of any condition by the Director-General under section 7(1)(a) or (4) or section 10(4)(b);
(b)
the refusal of the Director-General to register a pesticide or vector repellent under section 7(1)(b); or
(c)
the cancellation of the registration of a pesticide or vector repellent by the Director‑General under section 10(3) or (4)(a),
may, within 14 days of the date of receiving the notice informing the person of such imposition, refusal or cancellation (as the case may be), appeal in writing to the Minister whose decision is final.
(2) Even though any appeal under subsection (1) is pending —(a)
any condition imposed by the Director-General under section 7(1)(a) or (4) or section 10(4)(b); or
(b)
any cancellation of the registration of a pesticide or vector repellent under section 10(3) or (4)(a),
takes effect from the date specified by the Director‑General, unless the Minister otherwise directs.
Power to take samples of pesticides and vector repellents for analysis and to detain consignment
Open ↗13.—(1) Where the Director-General or an authorised officer knows or has reason to believe that any pesticide or vector repellent is stored on any premises, vessel or aircraft, he or she may, for the purpose of ascertaining whether the pesticide or vector repellent is in contravention of this Act —(a)
enter the premises, vessel or aircraft at all reasonable times, to take, without payment, any reasonable sample of any pesticide or vector repellent (including its container and package) found stored on the premises, vessel or aircraft for analysis or testing; and
(b)
seize or detain under normal storage conditions or take any necessary measures to prevent the removal or disposal of the whole consignment from which the sample is taken until a report of the result of the analysis or test is obtained.
(2) Where the Director-General or an authorised officer has seized or detained, or taken measures to prevent the removal or disposal of, any consignment of pesticides or vector repellents under subsection (1)(b), the Director‑General or authorised officer (as the case may be) must immediately give written notice to —(a)
the owner;
(b)
the consignor or consignee of the consignment; or
(c)
the agent of such owner, consignor or consignee,
if the name and address of the owner, consignor, consignee or agent are known.
(3) Any person aggrieved by any action taken by the Director‑General or an authorised officer under subsection (1)(b) may, within 14 days of the action, appeal to the Minister whose decision is final.
(4) A person must not —(a)
without the authority of the Director-General or an authorised officer tamper with, remove, distribute, sell or otherwise dispose of, the whole or any part of a consignment in respect of which the person knows or ought reasonably to know that the Director‑General or an authorised officer has taken any action under subsection (1)(b); or
(b)
alter, counterfeit, deface, destroy, erase or remove any identification mark, label or seal affixed by the Director‑General or an authorised officer to the consignment.
(5) The Director-General or an authorised officer may by notice require the owner, consignor or consignee of the consignment from which any sample is taken under subsection (1)(a) or the agent of such person —(a)
to submit, at the person’s or agent’s own expense, the sample to an approved laboratory for the purpose of analysis or testing; and
(b)
to produce the report of analysis or testing issued by the approved laboratory.
(6) Where —(a)
the result of the analysis or testing of the sample conducted under subsection (1)(a) or (5) confirms that the sample is not in contravention of this Act; or
(b)
the Minister on an appeal under subsection (3) so directs,
the Director-General or an authorised officer (as the case may be) must immediately release the consignment.
(7) Where the result of the analysis or testing of the sample conducted under subsection (1)(a) or (5) confirms that the sample is in contravention of this Act, the Director‑General or an authorised officer (as the case may be) may direct the owner, consignor or consignee of the consignment or the agent of such person to treat or destroy or otherwise dispose of such consignment, at the expense of such owner, consignor or consignee or agent thereof, in such manner as the Director‑General or authorised officer thinks fit.
(8) Where a person to whom a direction under subsection (7) is given fails to comply with that direction, the Director‑General or an authorised officer may take any steps that he or she thinks fit to —(a)
secure the treatment, destruction or disposal of the consignment to which the direction relates; and
(b)
recover any costs and expenses reasonably incurred by him or her from that person in accordance with section 40.
Penalty under this Part
Open ↗14. Any person who fails to comply with any notice (except a notice under section 10) or order made under this Part, or contravenes any of the provisions of this Part, shall be guilty of an offence and shall be liable on conviction — (a)
to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both; and
(b)
in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
