§ 220 — Interference with approved labels

220.—(1) A person commits an offence if the person, without reasonable excuse —(a)

intentionally removes, alters, defaces or destroys; or

(b)

causes or allows to be intentionally removed, altered, defaced or destroyed,

an approved label on a container of a registered plant pesticide product, except in accordance with subsection (2).

(2) A person may remove, alter, deface or destroy a label on a container of a registered plant pesticide product —(a)

in the course of disposing of the container which is empty; or

(b)

for the purpose of altering or replacing a label attached to the container containing the registered plant pesticide product in order to meet an applicable requirement of this Act relating to information on approved labels for that product.

(3) 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.

(4) For the purpose of this section, where anything is attached to a label, or to the container to which a label is affixed, in such a way as to obscure anything printed on the label, the label is taken to be defaced.

(5) For the purposes of subsection (1), where any modification is made to the content of any approved label that causes the relevant instructions on the approved label to be less easily legible, the label is taken to be altered.

(6) However, subsection (1) does not apply to an alteration that consists of a modification to the content of an approved label that is prescribed in the pesticide control regulations as not likely to cause the registration of the plant pesticide product to be cancelled or the approval for the label to be cancelled.

—(1) A person commits an offence if the person, without reasonable excuse —(a)

intentionally removes, alters, defaces or destroys; or

(b)

causes or allows to be intentionally removed, altered, defaced or destroyed,

an approved label on a container of a registered plant pesticide product, except in accordance with subsection (2).

(2) A person may remove, alter, deface or destroy a label on a container of a registered plant pesticide product —(a)

in the course of disposing of the container which is empty; or

(b)

for the purpose of altering or replacing a label attached to the container containing the registered plant pesticide product in order to meet an applicable requirement of this Act relating to information on approved labels for that product.

(3) 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.

(4) For the purpose of this section, where anything is attached to a label, or to the container to which a label is affixed, in such a way as to obscure anything printed on the label, the label is taken to be defaced.

(5) For the purposes of subsection (1), where any modification is made to the content of any approved label that causes the relevant instructions on the approved label to be less easily legible, the label is taken to be altered.

(6) However, subsection (1) does not apply to an alteration that consists of a modification to the content of an approved label that is prescribed in the pesticide control regulations as not likely to cause the registration of the plant pesticide product to be cancelled or the approval for the label to be cancelled.