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VOLUME: V
AGROCHEMICALS
CHAPTER: 35:09
Part:III Register and Registration of Agrochemicals (ss 10-14)

 

10.     Agrochemicals to be registered

 

            No person shall own, use, possess, import, manufacture, advertise, distribute or sell an agrochemical unless such agrochemical is registered under this Act:

            Provided that this section shall not apply in the case of an unregistered agrochemical-

     (a)     intended to be used for experimental or research purposes; or

     (b)     on direct transit to another country and the Registrar is satisfied that the agrochemical will be permitted to enter a country outside Botswana.

 

11.     Register of agrochemicals

 

            (1) The Registrar shall establish and maintain a register containing the names of agrochemicals registered under this Act, the conditions of the certificate and other particulars, as may be prescribed.

            (2) Any proprietary information submitted in connection with an application under section 12, shall not be entered in the register referred to under subsection (1), except as provided under this Act or as required by a court of law.

            (3) Any person may, upon payment of the prescribed fee, and in accordance with the conditions which may be prescribed, inspect or make a copy of, or obtain an extract from the register referred to in subsection (1).

 

12.     Application for registration

 

            (1) An application for registration of an agrochemical shall be made to the Registrar, in writing, in the prescribed form and shall be accompanied by the following-

     (a)     the prescribed fee; and

     (b)     information, samples and materials as may be required by the Registrar.

            (2) Upon receipt of an application for registration, the Registrar shall examine the application to determine whether an agrochemical for which application is being made, is effective and suitable for use in Botswana or complies with regulations made in pursuance of this Act.

            (3) The Registrar may, in considering an application under this section, consult the Committee.

            (4) The Registrar may, after examining an application and consulting the Committee-

     (a)     register an agrochemical;

     (b)     refuse to register the agrochemical;

     (c)     defer decision making to require further information; or

     (d)     if the agrochemical is registered in another country, register the agrochemical subject to the conduct of further tests to ensure its effectiveness and suitability in Botswana.

            (5) Where the Registrar registers an agrochemical, he or she may issue a certificate to the applicant and thereby-

     (a)     attach, to the certificate issued such conditions concerning the importation, manufacture, labelling, advertising, distribution, sale and use of the agrochemical to ensure its effectiveness and suitability in Botswana;

     (b)     classify the agrochemical as a restricted agrochemical to be handled with particular care so as not to cause pollution to the environment, or harm to human, animal or plant life; or

     (c)     require the agrochemical to be used under the supervision of a person authorised by the Registrar.

 

13.     Validity of certificate

 

            (1) A certificate shall be valid for a period of five years.

            (2) A certificate may be renewed by the Registrar after consultation with the Committee, if the Registrar is satisfied that the agrochemical remains effective and suitable for use in Botswana and upon payment of such renewal fee as may be prescribed.

            (3) The Registrar may in deciding to renew the certificate, require such information as appears necessary to determine the conditions of renewal.

 

14.     Variation or cancellation of certificate

 

            (1) While a certificate issued, by the Registrar is in force, the Registrar may, after consultation with the Committee-

     (a)     if he or she is satisfied that a registered agrochemical is not effective or suitable for use in Botswana, serve a notice on the holder modifying the conditions specified therein to ensure its effectiveness and suitability in Botswana; or

     (b)     cancel the certificate if it can be shown that the registered agrochemical is no longer effective nor suitable for Botswana.

            (2) In subsection (1), "holder" means a holder of a certificate.