§ 209 — Cancellation or suspension of registration

209.—(1) The Agency may cancel the registration of a plant pesticide product if —(a)

the person who applied to register the registered plant pesticide product (called the registrant) applies for the registration of the product to be cancelled;

(b)

the registrant is convicted of an offence under section 220;

(c)

the Agency is reasonably satisfied that it is necessary to stop the use of the plant pesticide product —(i)

in the interest of public health; or

(ii)

because of or to prevent any physical harm or further physical harm, or any risk or further risk of physical harm, to the environment;

(d)

the Agency becomes aware of a circumstance that would have required or permitted the Agency to refuse to register the plant pesticide product, had the Agency been aware of the circumstance immediately before registering the product;

(e)

the supply or use in Singapore of the plant pesticide product has stopped for a continuous period exceeding 12 months; or

(f)

the use of the plant pesticide product is being or has been advertised in Singapore by a registrant in a manner that is false, misleading or deceptive.

(2) However, the Agency may, in lieu of cancelling under subsection (1) the registration of a plant pesticide product, suspend the registration of that product for not more than 6 months.

(3) Before exercising any powers under subsection (1) or (2) on any ground except subsection (1)(a), the Agency must give written notice to the registrant —(a)

stating that the Agency intends to take action under subsection (1) or (2);

(b)

specifying each ground that is the subject of the action; and

(c)

specifying the time (being not less than 14 days starting the date of service of notice on the registrant) within which written representations may be made to the Agency with respect to the proposed action.

(4) The Agency may, after considering any written representation under subsection (3)(c), decide to cancel or suspend the registration of a plant pesticide product as the Agency considers appropriate.

(5) Where the Agency has made any decision under subsection (1) or (2) to cancel or suspend the registration of a plant pesticide product, the Agency must —(a)

serve on the registrant concerned a notice of the Agency’s decision, specifying in the notice the date the cancellation or suspension (as the case may be) takes effect; and

(b)

publish a public notice of the cancellation or suspension (as the case may be) of the registration of the plant pesticide product in any manner that will secure adequate publicity for the cancellation or suspension, specifying in the public notice the date the cancellation or suspension takes effect.

(6) For the purposes of subsection (1)(b), “convicted”, in addition to its ordinary meaning, has the meaning given by subsection (7).

(7) A person is taken to have been convicted of an alleged offence if —(a)

the person has not been found guilty of the offence but asks for the offence to be taken into account when being sentenced for another offence; or

(b)

the person has been found guilty of the offence but is discharged without conviction.

—(1) The Agency may cancel the registration of a plant pesticide product if —(a)

the person who applied to register the registered plant pesticide product (called the registrant) applies for the registration of the product to be cancelled;

(b)

the registrant is convicted of an offence under section 220;

(c)

the Agency is reasonably satisfied that it is necessary to stop the use of the plant pesticide product —(i)

in the interest of public health; or

(ii)

because of or to prevent any physical harm or further physical harm, or any risk or further risk of physical harm, to the environment;

(d)

the Agency becomes aware of a circumstance that would have required or permitted the Agency to refuse to register the plant pesticide product, had the Agency been aware of the circumstance immediately before registering the product;

(e)

the supply or use in Singapore of the plant pesticide product has stopped for a continuous period exceeding 12 months; or

(f)

the use of the plant pesticide product is being or has been advertised in Singapore by a registrant in a manner that is false, misleading or deceptive.

(2) However, the Agency may, in lieu of cancelling under subsection (1) the registration of a plant pesticide product, suspend the registration of that product for not more than 6 months.

(3) Before exercising any powers under subsection (1) or (2) on any ground except subsection (1)(a), the Agency must give written notice to the registrant —(a)

stating that the Agency intends to take action under subsection (1) or (2);

(b)

specifying each ground that is the subject of the action; and

(c)

specifying the time (being not less than 14 days starting the date of service of notice on the registrant) within which written representations may be made to the Agency with respect to the proposed action.

(4) The Agency may, after considering any written representation under subsection (3)(c), decide to cancel or suspend the registration of a plant pesticide product as the Agency considers appropriate.

(5) Where the Agency has made any decision under subsection (1) or (2) to cancel or suspend the registration of a plant pesticide product, the Agency must —(a)

serve on the registrant concerned a notice of the Agency’s decision, specifying in the notice the date the cancellation or suspension (as the case may be) takes effect; and

(b)

publish a public notice of the cancellation or suspension (as the case may be) of the registration of the plant pesticide product in any manner that will secure adequate publicity for the cancellation or suspension, specifying in the public notice the date the cancellation or suspension takes effect.

(6) For the purposes of subsection (1)(b), “convicted”, in addition to its ordinary meaning, has the meaning given by subsection (7).

(7) A person is taken to have been convicted of an alleged offence if —(a)

the person has not been found guilty of the offence but asks for the offence to be taken into account when being sentenced for another offence; or

(b)

the person has been found guilty of the offence but is discharged without conviction.