§ 222 — Defence to offence of improper plant pesticide use

222.—(1) In proceedings for an offence under section 217(1) or 218(1), it is a defence for the person charged to prove, on a balance of probabilities, that —(a)

the person complied with the relevant instructions on an approved label for a registered plant pesticide product (being an approved label that, at the time of the alleged offence, was affixed or attached to, or appeared on, the container of the plant pesticide product that was used); or

(b)

the person —(i)

used a registered plant pesticide product at a concentration or rate lower than that specified in the relevant instructions on an approved label for the plant pesticide product (provided that the lower concentration or rate was not prohibited by the relevant instructions); and

(ii)

otherwise complied with the relevant instructions on the approved label.

(2) To avoid doubt, this section does not affect section 26H(4) of the Penal Code 1871 or any other exception in Chapter 4 of that Code.

—(1) In proceedings for an offence under section 217(1) or 218(1), it is a defence for the person charged to prove, on a balance of probabilities, that —(a)

the person complied with the relevant instructions on an approved label for a registered plant pesticide product (being an approved label that, at the time of the alleged offence, was affixed or attached to, or appeared on, the container of the plant pesticide product that was used); or

(b)

the person —(i)

used a registered plant pesticide product at a concentration or rate lower than that specified in the relevant instructions on an approved label for the plant pesticide product (provided that the lower concentration or rate was not prohibited by the relevant instructions); and

(ii)

otherwise complied with the relevant instructions on the approved label.

(2) To avoid doubt, this section does not affect section 26H(4) of the Penal Code 1871 or any other exception in Chapter 4 of that Code.