【法规名称】
【法规编号】 79643 什么是编号？
【正 文】
第5页 CAP 133 PESTICIDES ORDINANCE
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[接上页] (a) the cancellation and suspension for any period of registration of a pesticide; (b) generally, the better carrying out of the provisions of this Ordinance. (Added 80 of 1997 s. 4)(1C) Subsection (1B) shall not be construed as enabling the Secretary for Health, Welfare and Food to make regulations as regards any matter in relation to which regulations may be made under subsection (1) or (1A). (Added 80 of 1997 s. 4. Amended 78 of 1999 s. 7; L.N. 106 of 2002) (2) Regulations made under this section may provide that a contravention of specified provisions thereof shall be an offence and may provide penalties therefor not exceeding a fine of $10000 and imprisonment for 1 year. Cap 133 s 20 Trade marks, trade descriptions, patents and copyright not affected The registration of, or issue of any licence or permit in respect of, a pesticide by the Director under section 5 or 9 respectively shall not grant to any person any proprietary right in respect of that pesticide and shall not confer or affect any rights under the Trade Marks Ordinance (Cap 559), the Trade Descriptions Ordinance (Cap 362), the Patents Ordinance (Cap 514) or the Copyright Ordinance (Cap 528). (Amended 25 of 1979 s. 12; 69 of 1980 s. 37; 79 of 1990 s. 18; 52 of 1997 s. 161; 92 of 1997 s. 280; 35 of 2000 s. 98) Cap 133 s 21 Pharmacy and Poisons Ordinance not to apply to pesticides The Pharmacy and Poisons Ordinance (Cap 138) shall not apply to any pesticide to which this Ordinance applies. (Amended 79 of 1990 s. 19) Cap 133 s 22 Dangerous Goods Ordinance to apply Nothing in this Ordinance shall derogate from the provisions of the Dangerous Goods Ordinance (Cap 295). Cap 133 s 23 Transitional and savings provisions (1) Notwithstanding anything in this Ordinance a person who, immediately before the commencement date- (a) had in his possession any pesticide other than agricultural pesticide; or (b) carried on a business of manufacturing, selling, offering or exposing for sale or supplying or offering to supply any pesticide other than agricultural pesticide,shall be entitled to have in his possession that pesticide or to continue to carry on that business without a licence or permit- (i) for a period of 6 months from the commencement date; and (ii) if before the expiry of that period he applies for a licence or permit, until the licence or permit is issued, or finally refused.(2) A person may import into Hong Kong any pesticide other than agricultural pesticide without a licence or permit during a period of 6 months immediately following the commencement date if that pesticide was ordered not less than 2 months before the commencement date. (3) Notwithstanding anything in this Ordinance, the Pharmacy and Poisons Ordinance (Cap 138) in force at the commencement date shall continue to apply to any pesticide other than agricultural pesticide imported before the commencement date or imported under subsection (2) if such pesticide is or contains a poison within the meaning of the Pharmacy and Poisons Ordinance (Cap 138). (4) A licence or permit granted under this Ordinance which was in force immediately before the commencement date shall remain in force, subject to the provisions of this Ordinance, for so much of the period for which the licence or permit was granted as falls after the commencement date. (5) In this section- "commencement date"* (生效日期) means the day appointed for the commencement of the Agricultural Pesticides (Amendment) Ordinance 1990 (79 of 1990). (Replaced 79 of 1990 s. 20)________________________________________________________________________________ Note: * Commencement date-25 February 1991 (see L.N. 25 of 1991). |
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