§ 216 — Unregistered plant pesticide use — strict liability

216.—(1) A person commits an offence if —(a)

the person intentionally uses, or causes or permits the use of, any plant pesticide in —(i)

the cultivation of any edible plant; or

(ii)

any place where any primary production activity is undertaken; and

(b)

the plant pesticide is an unregistered plant pesticide.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(3) Strict liability applies to the offence in subsection (1) except subsection (1)(a).

—(1) A person commits an offence if —(a)

the person intentionally uses, or causes or permits the use of, any plant pesticide in —(i)

the cultivation of any edible plant; or

(ii)

any place where any primary production activity is undertaken; and

(b)

the plant pesticide is an unregistered plant pesticide.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(3) Strict liability applies to the offence in subsection (1) except subsection (1)(a).