【法规名称】
【法规编号】 79643 什么是编号？
【正 文】
第4页 CAP 133 PESTICIDES ORDINANCE
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[接上页] (Amended 60 of 2000 s. 3) Cap 133 s 17 Offences and penalties (1) Any person who contravenes section 7 or 8 commits an offence and is liable on conviction to a fine of $50000 and to imprisonment for 1 year. (2) Any holder of a licence who contravenes any of the conditions of his licence or any holder of a permit who contravenes any of the conditions of his permit commits an offence and is liable on conviction to a fine of $25000 and to imprisonment for 6 months. (3) Any person who- (a) wilfully obstructs an inspector or member of the Customs and Excise Service in the exercise of any power under section 15; (Amended 46 of 1977 s. 18) (b) refuses to allow any sample to be taken in accordance with section 15(3); (c) fails without reasonable excuse to produce any licence, permit or document, or to give any information, when required to do so under section 15(3); or (d) fails without reasonable excuse to obey a direction given by the Director under section 13,commits an offence and is liable on conviction to a fine of $10000 and to imprisonment for 6 months. (4) A holder of a licence or permit who, in the manufacture of pesticides,- (a) uses any inert ingredient the use of which is prohibited by notice under section 13A(a); or (b) uses any inert ingredient the use of which is subject to conditions specified by notice under section 13A(c) in contravention of any condition so specified,commits an offence and is liable to a fine of $2000 and to imprisonment for 6 months. (Added 79 of 1990 s. 15) (5) A holder of a licence or permit who imports or causes to be imported, sells or offers or exposes for sale, supplies or offers to supply for use in Hong Kong- (a) any pesticide the import, sale or supply of which, as may be appropriate, is prohibited by notice under section 13A(b); or (b) any pesticide the import, sale or supply of which, as may be appropriate, is subject to conditions specified by notice under section 13A(d) in contravention of any condition so specified,commits an offence and is liable to a fine of $2000 and to imprisonment for 6 months. (Added 79 of 1990 s. 15) Cap 133 s 18 Forfeiture Remarks: Adaptation amendments retroactively made - see 60 of 2000 s. 3 (1) A magistrate may, on application by the Government, order to be forfeited any pesticide, or any container containing any pesticide, with respect to which any offence under this Ordinance has been committed, whether or not any person has been convicted of such offence and upon the making of an order of forfeiture such pesticide or container shall be deemed to be the property of the Government free from all rights of any person. (Amended 60 of 2000 s. 3) (2) In any proceedings under subsection (1), any statement or other indication of the nature of any pesticide written upon or indicated on the container, or on any box or other covering of whatever nature enclosing the pesticide or the container, shall, until the contrary is proved, be deemed to be a true description of the pesticide or of the contents of the container, as the case may be. (Amended 79 of 1990 s. 16) Cap 133 s 19 Regulations (1) The Director of Agriculture, Fisheries and Conservation may by regulation provide for- (Amended 80 of 1997 s. 4; L.N. 331 of 1999) (a) applications for registration of pesticides including the information to be supplied by applicants therefor; (Amended 79 of 1990 s. 17) (b) the imposition of conditions on registration; (Amended 79 of 1990 s. 17) (c) (Repealed 80 of 1997 s. 4) (d) the form and contents of the register; (e) the proof of matters relating to registration by the production of certificates; (f) the issue of licences and permits including- (i) the information to be supplied by applicants therefor; (ii) the imposition of conditions thereof; (iii) the cancellation and suspension for any period thereof;(g) the duration of licences and permits and the renewal of licences; (h) the surrender of licences and permits; (i) the issue of duplicate licences and permits; (j) the containers for pesticides or classes or types of pesticides including- (Amended 79 of 1990 s. 17) (i) the shape and size; (ii) the design and colour; (iii) the composition; and (iv) the labelling and marking, of such containers;(k) the storage of pesticides and conditions under which they are to be kept; (Amended 79 of 1990 s. 17) (l) the approval of premises for the storage, repackaging or sale of pesticides; (Amended 79 of 1990 s. 17) (m) the sale and supply of pesticides; (Amended 79 of 1990 s. 17) (n) the advertisement of pesticides; (Amended 79 of 1990 s. 17) (o) the forms to be used. (Amended 80 of 1997 s. 4) (p)-(r) (Repealed 80 of 1997 s. 4)(1A) The Chief Executive in Council may by regulation provide for- (Amended 60 of 2000 s. 3) (a) fees and charges; (b) exemption by the Director from compliance with any regulation made under this Ordinance, either generally or in a particular case. (Added 80 of 1997 s. 4)(1B) The Secretary for Health, Welfare and Food may by regulation provide for- (Amended 78 of 1999 s. 7; L.N. 106 of 2002) |
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