§ 217 — Improper plant pesticide use

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

the person intentionally uses, or causes or permits the use of, any plant pesticide in the cultivation of any edible plant;

(b)

the plant pesticide is a registered plant pesticide product;

(c)

the use is in contravention of, or is not in compliance with, any relevant instruction on an approved label for the plant pesticide product; and

(d)

the person knows, or ought reasonably to know, that the use is in contravention of, or is not in compliance with, any relevant instruction on an approved label for the plant pesticide product.

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

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

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

the person intentionally uses, or causes or permits the use of, any plant pesticide in the cultivation of any edible plant;

(b)

the plant pesticide is a registered plant pesticide product;

(c)

the use is in contravention of, or is not in compliance with, any relevant instruction on an approved label for the plant pesticide product; and

(d)

the person knows, or ought reasonably to know, that the use is in contravention of, or is not in compliance with, any relevant instruction on an approved label for the plant pesticide product.

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

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).