§ 219 — Keeping plant pesticide in container without approved label

219.—(1) A person commits an offence if the person, without reasonable excuse, keeps a registered plant pesticide product in a container that does not bear a label that is identical to the approved label for that 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 — 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) In a prosecution for an offence under subsection (1) —(a)

it is not necessary for the prosecution to prove that the person charged knew or had reason to believe that the container of the registered plant pesticide product did not bear a label that is identical to the approved label for that product; but

(b)

it is a defence for the person charged to prove, on a balance of probabilities, that the person charged did not know, and could not reasonably have been expected to know, that the plant pesticide product was in the container.

—(1) A person commits an offence if the person, without reasonable excuse, keeps a registered plant pesticide product in a container that does not bear a label that is identical to the approved label for that 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 — 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) In a prosecution for an offence under subsection (1) —(a)

it is not necessary for the prosecution to prove that the person charged knew or had reason to believe that the container of the registered plant pesticide product did not bear a label that is identical to the approved label for that product; but

(b)

it is a defence for the person charged to prove, on a balance of probabilities, that the person charged did not know, and could not reasonably have been expected to know, that the plant pesticide product was in the container.