- Commenced on 1 May 2002
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Pesticides Act.
2. InterpretationIn this Act, unless the context otherwise requires—“active ingredient” means the biologically and chemically active part of a pesticide present in a formulation;“advertising” means the promotion of the sale and use of pesticides by print and electronic media, signs, displays, gift, demonstration or word of mouth;“Board” means the Pesticides Control Board established under section 3;“common name” means the name assigned to a pesticide active ingredient by the International Standards Organization to be used as a generic or non-proprietary name for that particular active ingredient only;“environment” means the physical factors of the surroundings of the human being, including land, water, atmosphere, climate, sound, odour, taste and the biological factors of fauna and flora, and includes the cultural, social and economic aspects of human activity and the natural and built environment;“formulation” means the combination of various ingredients designed to render the product useful and effective for the purpose claimed;“inspector” means an inspector designated as such under section 38;“label” means the written, printed or graphic matter on, or attached to a pesticide, or its immediate container and the outside container or wrapper of the retail package of the pesticide;“manufacture”, in relation to a pesticide, means to prepare, compound, formulate, mix, make, pack, label otherwise treat the pesticide with, view to, its sale, but does not include the carrying out of bona fide research relating to the pesticide or any act incidental to such research;“pest” means unwanted species of animals or plants, including vectors, of human or animal disease, causing ham during or otherwise interfering with, the production, processing, storage, transportation or marketing of food, agricultural commodities, wood and wood products or animal feedstuffs;“pesticide” means any substance or mixture of substances intended to bead ministered on animals, plants or humans for preventing, destroying or controlling any pest, and includes any substance intended for use as a plant growth regulator, defoliant, desiccant, or agent for thinning fruit or preventing the premature fall of fruit, and substances applied to crops either before or after harvest to protect the commodity from deterioration during storage and transport; and for purposes of this Act, any two pesticides winch do not have the same manufacturer, formulation and trade name shall be treated as different pesticides;“pictogram” means a symbol which conveys a message without words;“Prior Informed Consent Procedure” means the procedure, provided for in the International Code of Conduct on the Distribution and Use of Pesticides, for formally obtaining and disseminating the decisions of importing countries as to whether they wish to receive future shipments of pesticides that have been banned or severely restricted in order to protect human health or the environment, in any other country;“Registrar” means the Registrar of Pesticides appointed under section 10;“restricted pesticide” means a pesticide registered for certain specific use or to be used only under stipulated conditions;“sell” includes offer for sale and offer to provide goods as part of a service of pest control even if the goods are described as free or included in the service;“trade name” means that name under which the pesticide is labelled, registered and promoted by the manufacturer and which can be used exclusively by the manufacturer to distinguish the product from other pesticides containing the same active ingredient;“technical committee” means any committee established under section 8.
Part II – Establishment, functions and powers of the Pesticides Control Board
3. Establishment of Pesticides Control BoardThere is hereby established a body to be known as the Pesticides Control Board (in this Act otherwise referred to as the "Board", which shall be responsive for the control and management of all pesticides in Malawi and perform the functions assigned to it by this Act, and which shall be—
4. Composition of the Board
5. Meetings of the Board
6. Allowances of members of the BoardA member of the Board shall be paid out of the funds of the Board, such allowances as the Minister may determine.
7. Non-liability of members of the Board, etc.No member of the Board or any technical committee of the Board shall be liable for any act or default of his, or of the Board done in the exercise in good faith of the functions or powers of the Board.
8. Technical committeesThe Board may establish one or more technical committees, to advise it in implementing the provisions of this Act.
9. Secretariat of the BoardThere shall be a secretariat of the Board which shall consist of a Registrar of Pesticides (in this Act otherwise referred to as the “Registrar”) and such other staff of the Board, subordinate to the Registrar, appointed in accordance with section 10.
10. Appointment of Registrar and other staff
11. Functions of the Board
Part III – Financial provisions
12. Funds of the Board
13. LevyThe Minister, acting on the advice of the Board, and in consultation with the Minister responsible for finance, may by order published in the Gazette impose a levy the importation into, or manufacturing in Malawi of pesticides and the levy shall be appropriated for the general operations of the board for certain operations of the Board specified in the Order.
14. Books and other records of accounts and audit
15. Annual reports
16. Financial yearThe financial year of the Board shall be a period of twelve months commencing on 1st July in each year, mid ending on 30th June in the following year, or such other dates the Minister may specify by Order published in the Gazette:Provided that the first financial year of the Board may be such shorter or longer period than twelve months as the Minister shall determine, but being not less than six months nor more than eighteen months.
Part IV – Registration of pesticides
17. Registration of pesticides
18. Application for registration of pesticides
19. Consideration of applications
20. Importation of unregistered pesticides
21. Duration of registration and renewal of registration
22. Cancellation and suspension of registration and permits
Part V – Licensing of manufacture, export, storage for sale and distribution of pesticides
23. Prohibition on manufacture, sale, etc., of pesticides without a licence
24. Licence to manufacture pesticide
25. Licensing of premises to store for sale and sell pesticides
26. Licensing of commercial applicators
27. Suspension and cancellation of licence
Part VI – Presentation of pesticides
28. Pesticide containers
30. Advertising of pesticides
Part VII – Health environmental matters
31. Control of pesticide residues in food
32. Duty of care when selling food and animal feeds
33. Imposition and sampling
34. Duties of employers
35. Notification of death, ill-health or injury
37. Disposal of pesticides and pesticide containersNo person shall dispose of any pesticide or pesticide container of or packaging in a manner that is unduly hazardous to human or animal health or the environment or is contrary to any written law.
Part VIII – Enforcement
38. Designation of inspectorsThe Board may by notification in the Gazette designate any duly qualified person to be an inspector for the purposes of this Act.
39. Powers and duties of inspectorsAn inspector may—(a)enter on any land, premises, aircraft, vessel or vehicle, at or m which any pesticide is or may Ire reasonably suspected to be manufactured, stored, transported, sold, distributed or used to determine whether the provisions of this Act are being complied with;(b)require the production, of, inspect, examine and copy licences, registers, records and other documents relating to this act;(c)make examinations and inquiries to discover whether this Act is complied with;(d)take samples of any articles and substances to which this Act relates and, as may be prescribed, submit such samples for tests and analysis;(e)carry out periodic inspections of all establishments which manufacture, import, export, store, sell, distribute or use pesticides to determine whether the provision of this Act are being complied with;(f)enter and inspect farmers’ fields to ensure that only the recommended pesticides are used on specific crops and according to the prescribed procedures;(g)seize any equipment pesticide, document, record or other things which the inspector believes has been used in, or which appears to afford evidence of, a contravention of this Act.(h)require any person whom the inspector suspects of having committed, or of having knowledge of, an offence under this Act, to state his or her name and residential address; and(i)cause a police officer to investigate any person whom the inspector on reasonable grounds suspects of having committed an offence against this Act.
40. Record keeping
Part IX – Analysis
41. Procedure for taking samples of pesticides
43. Certificate of analysisAfter conducting any analysis under this Act the designated analyst or laboratory shall issue a certificate of analysis in the prescribed form; and the certificate of analysis shall state the method of analysis used and shall be signed by either the designated analyst or the chief chemist of the laboratory, as the case may be.
Part X – Offences and penalties
45. Fixed penalties
46. Personal liability of directors, partners and managersIf an offence under this Act that is committed by a corporation is proved to have been committed with the consent or connivance, or to be attributable to any neglect on the part of any director, partner or manager of the corporation, that person as well as the corporation, commits the offence.
48. Closure of premises and seizure of pesticides, etc.Where the Board believes, on reasonable grounds, that tins Act or any regulations made thereunder have been contravened, the Board may, subject to subsection (2), order—(a)the closure of any premises; and(b)the seizure of any pesticide, equipment, instrument or any other thing,by means of, or in relation to which, the Board reasonably believes the contravention was committed.
49. Forfeiture, cancellation and other orders
Part XI – Miscellaneous provisions
51. Exemptions for Government activitiesThe Board may exempt any pesticide imported and distributed in Malawi by the Government from fees levied under this Act.
52. Pest emergencies
53. RegulationsThe Minister, on the advice of the Board, may make regulations for carrying out or giving effect to this Act and, without prejudice to the generality of this provision, the regulations may—
History of this document
01 May 2002