| To provide for the registration and control of pesticides and for matters connected therewith. (Amended 79 of 1990 s. 2) [15 July 1977] L.N. 166 of 1977 (Originally 38 of 1977) Cap 133 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Pesticides Ordinance. (Amended 79 of 1990 s. 3) Cap 133 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "active ingredient" (活性成分), in relation to a pesticide, means any substance, mixture of substances or biological agent in the pesticide which is the biologically active part of the pesticide; (Added 79 of 1990 s. 4) "agricultural pesticide" (农业用除害剂) means any insecticide, fungicide, herbicide, nematocide, molluscicide or any substance (whether organic or inorganic) having any of the properties of- (a) destroying or repelling any insect, mite, mollusc, nematode, fungus, bacterium, virus of other pest capable of destroying or damaging plants; (b) directly or indirectly controlling the activity of, or preventing or mitigating the harmful effect on plants of, any such pest; (c) destroying weeds; (d) acting as a bird or animal repellent, plant growth regulator, defoliant or desiccant; [cf. 1967 c. 50 s. 2 U.K.]"Director" (署长) means the Director of Agriculture, Fisheries and Conservation and the Deputy Director of Agriculture, Fisheries and Conservation; (Amended L.N. 331 of 1999) "inert ingredient" (非主成分), in relation to a pesticide, means any ingredient of the pesticide which is not an active ingredient; (Added 79 of 1990 s. 4) "inspector" (督察) means any public officer authorized to be an inspector under section 14; "licence" (牌照) means a licence to import, sell or supply registered pesticides issued under section 9; (Amended 79 of 1990 s. 4) "member of the Customs and Excise Service" (海关人员) means any person holding an office specified in Schedule 1 to the Customs and Excise Service Ordinance (Cap 342); (Amended 46 of 1977 s. 18; 68 of 1995 s. 2) "permit" (许可证) means a permit to import, be in possession of, sell or supply an unregistered pesticide issued under section 9; (Amended 79 of 1990 s. 4) "pesticide" (除害剂) means- (a) any insecticide, fungicide, herbicide, acaricide or any substance (whether organic or inorganic) or mixture of substances used or intended to be used for preventing, destroying, repelling, attracting, inhibiting or controlling any insect, rodent, bird, nematode, bacterium, fungus, weed or other form of plant or animal life or any virus, which is a pest; or (b) any substance or mixture of substances used or intended to be used as a plant growth regulator, defoliant or desiccant,but does not included- (i) any purely mechanical device for trapping or catching insects, rodents or other animals; (ii) any purely electromagnetic or ultrasonic device for the control of mosquitoes, rodents or other pests; (iii) any antiseptic, disinfecting solution or preparation in clinical or sanitary applications; and (iv) any pharmaceutical product within the meaning of section 2 of the Pharmacy and Poisons Ordinance (Cap 138); (Added 79 of 1990 s. 4)"plants" (植物) include trees, bushes and seeds; "register" (注册纪录册) means the register of pesticides maintained under section 4; (Amended 79 of 1990 s. 4) "registered pesticide" (注册除害剂) means a pesticide which is registered in the register; (Added 79 of 1990 s. 4) "unregistered pesticide" (未经注册除害剂) means a pesticide which is not registered in the register. (Added 79 of 1990 s. 4) (Amended 79 of 1990 s. 4) Cap 133 s 3 Application (1) This Ordinance shall not apply to a pesticide which- (a) (Repealed 79 of 1990 s. 5) (b) (Repealed 79 of 1990 s. 5) (c) is in transit; or (d) is transhipped in Hong Kong.(2) (Repealed 79 of 1990 s. 5) (3) For the purposes of subsection (1)(c), a pesticide is in transit if it is destined for a place outside Hong Kong and is passing through Hong Kong on the same ship, aircraft or vehicle without transhipment. (4) For the purposes of subsections (1)(d) and (3), a pesticide is in transhipment if it is consigned on a through bill of lading or air waybill from a place outside Hong Kong to another place outside Hong Kong and is or is to be removed from the ship, vehicle, train or aircraft in which it was imported and either returned to the same ship, vehicle, train or aircraft or transferred to another ship, vehicle, train or aircraft before being exported, whether it is or is to be transferred directly between such ships, vehicles, trains or aircraft or whether it is to be landed in Hong Kong after its importation and stored, pending exportation. (Amended 79 of 1990 s. 5) Cap 133 s 4 Register of pesticides PART II REGISTRATION OF PESTICIDES The Director shall maintain a register of pesticides in which- (a) Part I shall contain a list of all pesticides which are in a form ready for immediate use without going through any treatment or process and which are for general domestic use; and |
