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S.I. No. 138/1994:
EUROPEAN
COMMUNITIES (CLASSIFICATION, PACKAGING AND LABELLING OF PESTICIDES)
REGULATIONS, 1994.
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EUROPEAN COMMUNITIES (CLASSIFICATION, PACKAGING AND LABELLING OF
PESTICIDES) REGULATIONS, 1994.
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I, JOE WALSH, Minister for Agriculture, Food and Forestry, in exercise of
the powers conferred on me by section 3 of the European Communities Act,
1972 (No. 27 of 1972), and for the purpose of giving effect to Council
Directive No. 78/631/EEC of 26 June 1978 1 Council Directive
81/187/EEC of 26 March 1981 2, and Commission Directive
84/291/EEC of 18 April 1984 3, taking account of Council
Directive 67/548/EEC of 27 June 1967 4 as amended by Council
Directive 92/32/EEC of 30 April 5 1992 hereby make the following
Regulations:
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1. (1) These Regulations may be cited as the European Communities
(Classification, Packaging and Labelling of Pesticides) Regulations, 1994.
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(2) These Regulations shall come into operation on the first day of June,
1994.
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Interpretation.
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2. (1) In these Regulations—
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"Annex I" (which is set out in the First Schedule) means Annex
II to the Directive of 1967, as amended by the Directive of 1992 and
Commission Directive No. 93/21/EEC of 27 April 19936;
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"Annex II" (which is set out in the First Schedule) means Annex
III to the Directive of 1967, as amended by the Directive of 1992 and
Commission Directive No. 93/21/EEC of 27 April 19936;
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"Annex III" (which is set out in the First Schedule) means Annex
IV to the Directive of 1967, as amended by the Directive of 1992 and
Commission Directive No. 93/21/EEC of 27 April 19936;
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1 O.J. No. L206/13 29/7/1978.
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2 O.J. No. L88/29 2/4/1981.
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3 O.J. No. L144/1 30/5/1984.
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4 O.J. No. L196/1 16/8/1967.
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5 O.J. No. L154/1 5/6/1992.
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6 O.J. No. L110/2 4/5/1993.
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"Annex IV" (which is set out in the First Schedule) means Annex
V to the Directive of 1978;
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"Annex V" (which is set out in the First Schedule) means Annex
I to the Directive of 1978;
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"Annex VI" (which is set out in the First Schedule) means Annex
III to the Directive of 1978 as amended by Commission Directive 84/291/EEC
of 18 April 19843;
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"Annex VII" means Annex VII set out in the First Schedule,
comprises additional safety advice in accordance with Article 6 (5) of the
Directive of 1978;
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"Annex VIII" (which is set out in the First Schedule) means
Annex II to the Directive of 1978 as amended by Council Directive 81/187/EEC
of 26 March 1981 2 and Commission Directive 84/291/EEC of 18
April 19843;
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"Annex IX" (which is set out in the First Schedule) means Annex
IX to the Directive of 1967 as amended by the Directive of 1992 and
Commission Directive No. 9¼10/EEC of 22 July 19917;
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"aircraft" includes hovercraft;
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"approval" means acceptance by the Minister that, following
examination, the record of studies conducted and the information,
documentation, materials, labelling and packaging submitted in relation to a
pesticide, are in compliance with the requirements of these Regulations and
cognate words shall be construed accordingly;
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"authorised officer" means an officer of the Minister appointed
in writing by the Minister to be an authorised officer for the purpose of
these Regulations;
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"clearance" means clearance to market or use a pesticide for
which the record of studies conducted, and the information, documentation,
materials, labelling and packaging submitted in relation to the pesticide
have been approved by the Minister in accordance with the requirements of
these Regulations and cognate words shall be construed accordingly;
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6 O.J. No. L110/2 4/5/1993.
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3 O.J. No. L144/1 30/5/1984.
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2 O.J. No. L88/29 2/4/1981.
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7 O.J. No. L228/67 17/8/1991.
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"designated chemist" means an officer of the Minister holding
the position of a chemist authorised in writing by the Minister for the
purposes of these Regulations;
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"the Directive of 1967" means Council Directive No. 67/548/EEC
of 27 June 19674;
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"the Directive of 1978" means Council Directive No. 78/631/EEC
of 26 June 19781;
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"the Directive of 1992" means Council Directive No. 92/32/EEC
of 30 April 19925;
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"the Minister" means the Minister for Agriculture, Food and
Forestry;
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"notified" means the packaging, including any label or
container used with the package, giving basic information as to the nature
and composition of a pesticide on the market on or before the second day of
December 1985, and as to the manufacturer or manufacturers, has been
submitted and approved by the Minister and cognate words shall be construed
accordingly;
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"the State Chemist" means the Head of the State Laboratory or a
member of the staff of the State Laboratory holding the position of a
chemist authorised by the State Chemist in writing to perform functions
assigned to the State Chemist under Regulation 16.
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(2) In these Regulations, unless otherwise indicated—
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( a ) a reference to a Regulation is a reference to a
Regulation of these Regulations,
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( b ) a reference to a paragraph or subparagraph is a
reference to a paragraph or subparagraph of the provision in which the
reference occurs,
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4 O.J. No. L196/1 16/8/1967.
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1 O.J. No. L206/13 29/7/1978.
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5 O.J. No. L154/1 5/6/1992.
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( c ) a reference to a Schedule is a reference to a Schedule
to these Regulations.
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(3) A word or expression that is used in any Council Directive of the
European Communities mentioned in these Regulations has, unless the contrary
intention appears, the meaning in these Regulations that it has in the
Directive concerned.
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Application.
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3. (1) Subject to paragraph (2), these Regulations apply to any
pesticide which is a pesticide for the purposes of the Directive of 1978,
being:
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( a ) a pesticide, which is mentioned in subparagraphs 1 to 5
of Article 2 of the Directive of 1978; or
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( b ) a pesticide, which is mentioned in subparagraph 6 of
Article 2 of the Directive of 1978.
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(2) These Regulations shall not apply to—
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( a ) any medicine, narcotic or radioactive preparation,
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( b ) the carriage of pesticides by rail, road, inland
waterway, sea or air,
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( c ) any pesticide intended for export to a country other
than a Member State of the European Communities, or
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( d ) any pesticide which is in transit subject to customs
control and which does not undergo any processing or transformation.
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General
Requirements for Placing on the Market.
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4. (1) The placing on the market of a pesticide to which these
Regulations apply in the form in which it is supplied to the user and
intended for use as such is hereby prohibited unless, in relation to it, the
requirements of these Regulations regarding classification, packaging and
labelling are complied with.
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(2) The placing on the market of a pesticide to which these Regulations
apply is hereby prohibited if the packaging or any label used in relation to
it has such indications as "non-toxic", "harmless" or
other similar indications.
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(3) The placing on the market of a pesticide to which these Regulations
apply in a package of any class or description is hereby prohibited unless
three samples of such package (including any label or container used with
the package) have been previously submitted to the Minister for examination
by him and the Minister is, as a result of the examination, satisfied that
the package, label or container complies with the requirements of these
Regulations.
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(4) Notwithstanding paragraph (3), in the case of a pesticide on the
market on or before the second of December, 1985, the pesticide shall no
longer be placed on the market or used unless the package (including any
label or container used with the package), and basic information as to the
nature and composition of the pesticide and as to the manufacturer or
manufacturers, have been submitted for approval at a time specified by the
Minister and have been approved by him, that is, the pesticide has been duly
notified.
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(5) The placing on the market of a pesticide to which these Regulations
apply in the form in which it is supplied to the user and intended for use
as such is hereby prohibited if—
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( a ) the net quantity in any container of such pesticide is
less than the quantity stated thereon in the manner specified in Article 6
(2) (e) of the Directive of 1978, or
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( b ) the fastenings or containers used to package such
pesticide have been tampered with.
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Classification
as to Toxicity.
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5. (1) ( a ) Subject to subparagraph (b) and (c)
pesticides to which these Regulations apply shall be classified as to their
toxicity, and such classification shall be made in the manner specified in
Article 3 of the Directive of 1978, and in making such classification
whichever of the reference values specified in subparagraph (a), (b)
or (c) of paragraph (1) of the said Article 3 is appropriate shall be
used, and values shall be determined and tests shall be carried out in
accordance with the requirements of that paragraph, using methods specified
in the Directive of 1967, as amended by the Directive of 1992, Commission
Directive No. 88/302/EEC of 18 November 1987 8 and Commission
Directive No. 92/69/EEC of 31 July 1992 9.
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8 O.J. No. L133/1 30/5/1988 and O.J. No. L136/20 2/6/1988.
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9 O.J. No. L383/113 29/12/1992.
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( b ) Subject to subparagraph (d) where a pesticide to
which these regulations apply contains not more than one active substance,
it may, with the consent of the Minister, be classified as to its toxicity
by means of a calculation in accordance with Annexes V and VI, and where
Annex VI does not contain LD50 figures for particular pesticides,
the LD50 figures specified in the WHO Recommended Classification
of Pesticides by Hazard and Guidelines to Classification 1994-1995 (World
Health Organisation WHO/PCS/94.2) shall be used.
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( c ) Subject to subparagraph (d) where a pesticide to
which these Regulations apply contains more than one active substance, it
may, with the consent of the Minister, be classified as to its toxicity by
means of a calculation in accordance with Annex VIII and where Annex VIII
does not include a class and subclass for particular pesticides, the
equivalent class and subclass specified in the WHO Recommended
Classification of Pesticides by Hazard and Guidelines to Classification
1994-95 (World Health Organisation WHO/PCS/94.2) shall be used.
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( d ) A pesticide to which these Regulations apply shall be
classified in the manner mentioned in subparagraph (b) or (c)
only if—
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(i) it satisfies the requirements of
subparagraph (a) or (b) of Article 3 (2) of the Directive of
1978, and
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(ii) the assumption specified in the said Article 3 (2) can be made
on the grounds so specified.
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( e ) If when making a classification pursuant to the
requirements of subparagraphs (b) or (c) facts appear which
leave the correctness of the classification open to doubt, the Minister may
require the calculation to be replaced by toxicological tests referred to in
Article 3 (4) of the Directive of 1978.
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(2) Notwithstanding paragraph (1) where the conditions specified in
Article 3 (5) of the Directive of 1978 apply, additional toxicological data
may be taken into account for the purposes of the classification of
pesticides to which these Regulations apply, in particular toxicological
data relating to carcinogenic, corrosive, irritant, mutagenic, toxic for
reproduction or sensitizing properties shall be taken into account. Relevant
testing shall be carried out in accordance with the requirements of Article
3 (1) of the Directive of 1978, using methods specified in the Directive of
1967, as amended by the Directive of 1992, Commission Directive No.
88/302/EEC of 18 November 19878 and Commission Directive No.
92/69/EEC of 31 July 19929
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Studies,
Information, Supporting Documentation and Materials.
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6. (1) Where a pesticide is classified in compliance with the
requirements of Regulation 5 the person on whose behalf the classification
is made shall send to the Minister for consideration by him three copies of
an accurate record of the studies conducted and information used to propose
a classification or classifications and to establish the nature and extent
of foreseeable risks which the handling or use of the pesticide entails,
together with relevant supporting documentation and materials, as may be specified
from time to time by the Minister, together with the particulars of any
safety precautions or other recommendations and the conclusions reached as a
result of the studies, information and materials.
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(2) ( a ) In the case of a pesticide placed on the market on
or before the 2nd day of December 1985, the pesticide shall no longer be
placed on the market or used unless the record of the studies conducted and
the information, documentation and materials to which it relates are
submitted for approval at a time to be specified by the Minister and are
approved by him.
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( b ) In the case of a pesticide not placed on the market on
or before the 2nd day of December 1985, the pesticide shall not be cleared
and placed on the market or used unless the record of the studies conducted
and the information, documentation and materials to which it relates have
been approved by the Minister.
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( c ) In the case of a pesticide referred to in subparagraph
(b) and notwithstanding the provisions of that subparagraph or of
paragraph (1), where the pesticide is similar to and considered by the
Minister to involve no greater risk for man or for the environment than a
pesticide referred to in subparagraph (a) and the record of the
studies conducted and the supporting information, documentation and
materials referred to in subparagraph (a) have not been approved
permission may be granted by the Minister on approval of an accurate record
of a limited number of studies, information, supporting documentation and
materials, as specified from time to time by the Minister, to market such a
pesticide.
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8O.J. No. L133/1 30/5/1988 and O.J.
No. L136/20 2/6/1988.
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9O.J. No. L383/113 29/12/1992.
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( d ) In the case of a pesticide in relation to which the
record of the studies conducted and the information, documentation and
materials have neither been approved nor submitted for approval by the
Minister under subparagraph (a), (b) or (c)
notwithstanding non-compliance with the provisions of this Regulation, an
authorised officer acting on behalf of the Minister, where there is no
apparent risk to man or to the environment through the placing on the market
or use of such a pesticide, may, by a notice in writing given to the owner
or person in apparent charge or control, permit the controlled placing on
the market or use of existing stocks of the pesticide subject to specified
conditions.
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( e ) The Minister may, on a request being made to him in
that behalf by a person who had been granted clearance in respect of a
pesticide under this paragraph, withdraw his approval in respect of that
pesticide.
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Packaging
and Labelling.
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7. (1) The packaging of a pesticide to which these Regulations
apply together with the fastenings or containers used in such packaging and
the materials constituting such packaging or fastenings shall comply with
the requirements of Article 5 (1) of the Directive of 1978.
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(2) Where the packaging of a pesticide to which these Regulations apply
includes an inner liner, except where the liner is used as a seal to protect
rodenticide baits, it shall not be detachable from
the rest of the packaging unless it itself complies with the requirements of
paragraph (1).
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(3) In addition to complying with paragraph (1)—
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( a ) packages containing a pesticide to which these
Regulations apply shall be closed with a distinctive seal in such a way that
when the package is opened for the first time the seal is irreparably
damaged, and
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( b ) containers containing such a pesticide, having a
capacity not exceeding three litres and containing a pesticide intended for
domestic or garden use shall have childproof fastenings designed in
accordance with Annex IX.
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8. (1) Subject to paragraphs (2) and (4) the label on or attached
to packaging mentioned in Regulation 7(1) shall comply with the requirements
of paragraphs (1) and (3) of Article 7 of the Directive of 1978 or the
requirements specified in Article 7 (5) of that Directive and which, if
complied with, are to be regarded as satisfying the labelling requirements
of that Directive.
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(2) Subject to paragraphs (3) and (4) where a package is either too small
or is otherwise unsuitable for labelling in accordance with paragraphs (1)
and (3) of Article 7 of the Directive of 1978, a label shall be attached
thereto and be as large as practicable.
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(3) A label shall not be required under this Regulation where the
particulars referred to in Article 7 (2) of the Directive of 1978 are shown
on the packaging itself in the manner specified in that Article.
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(4) Where—
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( a ) the packaging is either too small or is unsuitable to
enable all the information required by paragraph (1) to be shown on the
container itself or on a label on or attached thereto, or
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( b ) packaging contains a pesticide which has been
classified pursuant to these Regulations as being neither very toxic nor
toxic and the quantity so contained is small and presents no danger to
persons handling the pesticide or who are otherwise concerned, the labelling
required by paragraph (1) shall be in a manner which for the time being
stands approved of for the purposes of this paragraph by the Minister and
which he considers appropriate.
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(5) Subject to Article 7 (5) of the Directive of 1978, where packaging
mentioned in Regulation 7 (1) comprises an outer pack and one or more inner
containers, the inner container shall not, or none of such containers shall,
as may be appropriate, be sold or offered for sale separately from the outer
pack unless it or each of them, as may be appropriate, is also labelled in
accordance with this Regulation.
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(6) The following information shall be stated clearly and in an indelible
form on all packaging which is packaging mentioned in Regulation 7 (1) or on
a label on or attached to such packaging in the Irish language or in the
English language or in both the Irish and English languages:
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( a ) the trade or proprietary name (if any) of the relevant
pesticide;
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( b ) the common name of each of the active substances
contained in the pesticide according to the International Standards
Organisation, or, if not available, according to the British Standards
Institute, or, if a common name is not available, the chemical name
according to rules of the International Union of Pure and Applied Chemistry;
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( c ) the amount of each active substance so contained
expressed:—
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(i) for pesticides which are solids,
aerosols, volatile liquids (maximum boiling point 50°C) or viscous liquids
(lower limit 1 Pas at 20°C), as a percentage by weight,
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(ii) for other liquids, as a percentage by weight and in grams per
litre at 20°C,
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(iii) for gases, as a percentage by volume,
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(iv) for acids, their amides, esters and salts, on an acid
equivalent basis;
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( d ) in case the pesticide contains either a very toxic, a
toxic harmful or a corrosive substance, other than an active substance, the
name as given in the list contained in Annex I to the Directive of 1967, of
each very toxic, toxic harmful or corrosive substance contained in the
pesticide, in concentrations of more than 0.2 per cent in the case of very
toxic and toxic substances, 5 per cent in the case of harmful substances and
5 per cent in the case of corrosive substances.
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( e ) the net quantity of the pesticide given in the manner
specified in Article 6 (2) (e) of the Directive of 1978;
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( f ) the batch number of the formulation;
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( g ) an indication of the nature of the formulation;
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( h ) the clearance number of the formulation;
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( i ) in the case of pesticides
which are pesticides first mentioned in Article 6 (2) (b) of the
Directive of 1978, the name and address of the manufacturer or any other
person placing the pesticide on the market;
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( j ) (i) the symbols and
indications as specified in Annex I,
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(ii) an indication of the special risks referred to in Article 6 (2)
(h) of the Directive of 1978, selected from among those contained in
Annex II,
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(iii) safety advice concerning the use of the pesticide and which—
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(I) is shown and is selected in accordance with the requirements of
Article 6 (4) of the Directive of 1978, and
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(II) complies with the indications referred to in Annexes III and
IV, and
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(III) is additional advice in accordance with Article 6 (5) of the
Directive of 1978 as set out in Annex VII; and
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( k ) in case the package contains a pesticide which is very
toxic, toxic or harmful within the meaning of Article 3 of the Directive of
1978, a statement that the packaging must not be re-used for any purpose,
except in the case of containers which are specifically designed for re-use,
recharging or refilling by the manufacturer or distributor.
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9. The Provisions of Regulations 7 and 8 are in addition to, and
not in substitution for, the provisions of the European Communities (Aerosol
Dispensers) Regulations, 1977 ( S.I. No. 144 of 1977 )
and the Packaged Goods (Quantity Control) Regulations, 1981 ( S.I. No. 39 of 1981 ).
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Emergency
Measures.
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10. (1) Where the Minister is satisfied that it is established on
the basis mentioned in Article 10 (1) of the Directive of 1978 that a
pesticide constitutes a danger to health or safety, he may either prohibit
the placing on the market of the pesticide or permit its being so placed
only if conditions specified by him are complied with.
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(2) Where, subsequent to the placing on the market of a pesticide which
has been cleared by the Minister in accordance with these Regulations,
additional toxicological data become available and additional facts become
apparent, in accordance with Article 3 (5) of the Directive of 1978, the
classification, packaging, labelling and approval of the pesticide may be
subject to review by the Minister on the basis of such additional
toxicological data and such additional facts.
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Notification
of Imports.
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11. Where a person proposes to import into the State a pesticide
to which these Regulations apply, three days notice of the intended
importation shall be given in writing to the Minister on behalf of the
importer specifying—
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( a ) the brand name of the pesticide,
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( b ) the port, airport or other place at which it is
expected that the pesticide shall be landed or otherwise brought into the
State,
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( c ) the date on which the pesticide is expected to be so
transferred into the State,
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( d ) the number of packs which the relevant consignment
comprises (if it comprises more than one),
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( e ) the pack size (given by reference to volume or weight)
of the consignment or, in case the consignment comprises more than one pack,
the pack size (so given) of each such pack, and
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( f ) in the case of a pesticide being imported into the
State, the destination to which the pesticide is consigned or, in lieu
thereof, an address at which the pesticide may be examined, sampled, tested
or inspected pursuant to paragraph (1) of Regulation 12.
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Inspections,
Sampling, Tests and Examinations.
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12. (1) Subject to paragraph (5) an authorised officer may at any
reasonable time enter—
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( a ) any place or premises in which he has reasonable
grounds for believing that a pesticide is being manufactured, placed on the
market, stored or used,
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( b ) any railway wagon, vehicle, ship, vessel, aircraft,
container or other thing in which he has reasonable grounds for believing
that a pesticide is being either transported, stored or used,
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( c ) any premises in which he has reasonable grounds for
believing that there are any books, documents or records relating to any
business whose activities consist of or include the manufacture, placing on
the market, storage, transport or use of a pesticide,
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and there or at any other place—
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(i) make such examinations, tests and
inspections, and
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(ii) take samples in accordance with the methods described in the
manual on the development and use of FAO specifications for plant protection
products (Food and Agriculture Organization of the United Nations, FAO Plant
Production and Protection Paper 85, Fourth Revised Edition), of any
pesticide which he finds in the course of his inspection and which he
believes is or may be a pesticide to which these Regulations apply, and
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(iii) take samples in accordance with Commission Directive
79/700/EEC of 24th July 1979 10, or the Joint FAO/WHO Food
Standards Programme, Codex Alimentarius
Commission, recommended method of sampling for the determination of
Pesticide Residues (Food and Agriculture Organisation of the United Nations
CAC/PR5 - 1984), where relevant, and in accordance with other
internationally accepted procedures in other cases, of any plant, plant
product, soil, compost, or take samples from or of any other thing, which he
finds in the course of his inspections and which he believes may have been
treated or contaminated with a pesticide to which these Regulations apply,
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as he may consider appropriate and provided the quantity which a sample
taken pursuant to this Regulation comprises is reasonable.
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(2) A person who has in any place, on any premises or in any railway
wagon, vehicle, ship, vessel, aircraft, container or other thing a pesticide
to which these Regulations apply shall at all reasonable times—
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( a ) afford to an authorised officer such facilities and
assistance as are reasonably necessary for an inspection and taking of
samples pursuant to this Regulation,
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( b ) give an authorised officer any information which he may
reasonably require regarding the purchase, importation, sale or use of any
such pesticide and which is within the person's knowledge or procurement,
and
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( c ) produce to an authorised officer any document relating
to the raw materials used in the formulation of any pesticide which the
authorised officer may reasonably require and when produced permit the
officer to inspect and take extracts from the document.
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(3) In addition to the foregoing any person who carries on the business
of manufacturing, formulating, packaging, processing or marketing a
pesticide for the purposes of the Directive of 1978 shall—
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10 O.J. No. L207/26 15/8/1979
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( a ) keep records of all transactions regarding the
pesticide,
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( b ) produce at the request of an authorised officer any
records, books or other documents relating to such business which are in his
possession or under his control,
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( c ) permit such an officer to inspect and take extracts
from such records, books or other documents and give to the officer any
information which is within his knowledge or under his control and which
such officer may reasonably require in relation to any entries therein,
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( d ) afford to any such an officer such facilities and
assistance as are reasonably necessary for inspecting the stock of any
pesticide on any premises on which such person carries on such a business,
and
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( e ) give to such an officer any information he may
reasonably require in relation to such transactions, including, in
particular, information which he may reasonably require regarding any
pesticide specified by him.
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(4) Where a sample is taken pursuant to this Regulation, the authorised
officer concerned shall—
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( a ) divide the sample into three parts, each of which he
shall seal and mark,
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( b ) give one part thereof to a designated chemist for
analysis in accordance with paragraph (5),
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( c ) leave with, or send by registered post to, the
defendant or his agent, a second part thereof, and
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( d ) retain the remaining part thereof for possible analysis
by the State Chemist in accordance with Regulation 16.
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(5) Where a designated chemist receives a sample from an authorized
officer in pursuance of these Regulations he shall make analyses thereof in
accordance with the relevant CIPAC method
(Collaborative International Pesticides Analytical Council Limited, Handbook
Volume 1, IA, IB, IC,
and D), or the method included as part of the documentation approved in
accordance with Regulation 6, as appropriate.
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(6) ( a ) In any proceedings for an offence under these
Regulations, the result of any test, examination or analysis of, or any
report on, a sample taken pursuant to this Regulation shall not be adduced
unless, before the proceedings were instituted, one of the parts into which
the sample was divided (as required by paragraph (4)) was left with, or sent
by registered post to, the defendant or his agent.
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( b ) In any proceedings for an offence under these
Regulations, evidence of the presence of a pesticide to which the
Regulations apply, in or on equipment capable of use for application of the
pesticide, shall be evidence, until the contrary is proved, of the use of
the pesticide by the owner or person in possession of the equipment.
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( c ) In any proceedings for an offence under these
Regulations, evidence of the presence of a residue of a pesticide to which
the Regulations apply, in or on agricultural produce, in soil or compost or
in or on surfaces or other materials which may have been treated with or
exposed to the pesticide, shall be evidence, until the contrary is proved,
of the use of the pesticide by the owner, occupier or person in possession,
as the case may be.
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( d ) In any proceedings for an offence under these
Regulations, a certificate in the form set out in the Second or Third
Schedule showing the results of an analysis shall, until the contrary is
shown, be sufficient evidence of the facts certified to therein in relation
to the presence in a pesticide of any pesticidal
substance, impurity or formulating ingredient, and the level such presence
and a document purporting to be such a certificate shall be deemed, until
the contrary is shown, to be such a certificate.
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( e ) In any proceedings for an offence under these
Regulations, each of the documents referred to in subparagraphs (1) (ii) and
(iii) and paragraph (5) and Regulation 5 (1) (b) may be proved by a
production of a copy thereof purporting to have been published in the
Official Journal of European Communities, by the Food and Agriculture
Organization of the United Nations, by the World Health Organization, by the
Collaborative International Pesticides Analytical Council Limited, or by the
production of the document describing the method, certified by the
officer-in-charge of the Pesticide Control Service as being part of the
documentation approved in accordance with Regulation 6, as appropriate.
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( f ) For the purpose of these Regulations, the presence of a
pesticide, to which these Regulations apply, on any premises (including any
stores) where the business of marketing such pesticide is carried on, shall,
until the contrary is shown, be sufficient evidence that the pesticide in
question is or was being placed on the market by the owner and by the
occupier of such premises.
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(7) An authorised officer shall be furnished with a certificate of his
appointment as an authorised officer and when exercising any power conferred
on him by these Regulations, shall if requested by any person affected,
produce the certificate to that person.
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(8) A designated chemist shall be furnished with a warrant of his
appointment by the Minister to carry out analyses as required by these
Regulations.
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Seizure,
Retention, Removal and Disposal.
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13. (1) An authorised officer may seize and retain, or seize,
remove and retain any pesticide which he believes is a pesticide to which
these Regulations apply and in relation to which the authorised officer has
reasonable grounds for suspecting that there is or has been a failure to
comply with any provision of these Regulations.
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(2) An authorised officer may by a notice in writing given to the owner
or to the person in apparent charge or control of a pesticide which has been
seized under this Regulation—
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( a ) require things specified in the notice to be done in
relation to the pesticide before it is released by an authorised officer,
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( b ) either—
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(i) require the disposal of the pesticide
by the person to whom the notice is given, in a manner specified in the
notice and at the expense of the owner, or
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(ii) indicate the authorised officer's intentions of disposing of
the pesticide at the expense of the owner,
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such disposal to be, in either case, such as will prevent the said
pesticide from being placed on the market or used,
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and in case a notice given under this paragraph requires specified things
to be done in relation to a pesticide, the authorised officer shall retain
control of the pesticide to which the notice relates until the requirements
of the notice have been complied with.
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(3) Where a notice is given under this Regulation, a person shall not,
without the consent of the authorised officer by whom the notice was given
sell, move, dispose of or otherwise interfere with the pesticide in any way
pending compliance with the requirements of the notice.
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(4) Any person who is aggrieved by a notice given under paragraph (2)
which either requires the pesticide to which it relates to be disposed of or
indicates an intention to dispose of such pesticide may, not later than the
expiration of a period of seven days beginning on the date of the notice,
appeal against the notice to the District Court in the District Court
District in which the notice has been served.
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(5) Disposal of a pesticide pursuant to a notice given under paragraph
(2) shall not take place until—
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( a ) the period during which an appeal under paragraph (4)
may be taken against the notice has expired, or
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( b ) an appeal under that paragraph is determined or
withdrawn.
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(6) ( a ) Where an appeal is made to the District Court under
paragraph (4) that court, if it is satisfied that—
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(i) the pesticide to which the relevant
notice under this Regulation relates is one to which Regulation 3(1)
applies, and
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(ii) if such pesticide were released, it might be placed on the
market or used for purposes not authorised under Regulation 3 (2), and
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(iii) there has been a failure to comply with the provisions of
these Regulations—
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shall order that the pesticide be disposed of in the manner
specified in the notice, or in such other manner as may be specified in the
court's order and which, in the opinion of the court, will prevent the
pesticide from being used or placed on the market.
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( b ) Where an order made by the District Court under this
paragraph requires the pesticide to which it relates to be disposed of by an
authorised officer, the cost of such disposal shall be recoverable by the
Minister as a simple contract debt in any court of competent jurisdiction
from the person who was the owner of the product at the time of its seizure
under this Regulation.
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(7) Notwithstanding paragraph (2) and the requirements of these
Regulations in relation to classification, packaging and labelling, the
method of disposal specified in a notice given under paragraph (2) may
include its use subject to such conditions as the authorised officer may
specify in the notice, provided that the officer is not aware of any
apparent risk to man or the environment by such use.
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(8) In the case of a notice given under paragraph (2) which indicates an
intention to dispose of a pesticide, the ownership of such pesticide shall,
in the absence of an appeal by the owner against the notice to the District
Court, vest in the Minister on the expiration of a period of seven days
beginning on the date of the notice, In the event of an appeal by the owner
against the notice to the District Court, ownership of the pesticide shall
vest in the Minister if the court makes an order under paragraph (5) which
requires the pesticide to be disposed of by an authorised officer.
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(9) In the case of a notice under paragraph (2) which requires the
disposal at the expense of the owner of a pesticide which has been seized
under this Regulation and where there has been a failure to pay, the cost of
such disposal shall be recoverable by the Minister as a simple contract debt
in any court of competent jurisdiction from the person who was the owner of
the pesticide at the time of its seizure under this Regulation.
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General
Offences.
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14. (1) A person who contravenes Regulation 4 shall be guilty of
an offence and shall be liable on summary conviction to a fine not exceeding
£1,000, or to imprisonment for a term not exceeding six months, or to both.
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(2) If any person—
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( a ) tampers with any pesticide so as to procure that any
sample of it taken pursuant to Regulation 12 does not correctly represent
the pesticide, or
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( b ) tampers or interferes with any sample taken pursuant to
Regulation 12,
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he shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding £1,000 or to imprisonment for a term not
exceeding six months or to both.
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(3) A person who—
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( a ) fails to comply with the requirements of Regulations 6,
10 (1) or 11, paragraphs (2) and (3) of Regulation 12 or paragraph (3) of
Regulation 13, or
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( b ) obstructs or interferes with an authorised officer in
the course of exercising a power conferred on him by Regulation 12, 13 or
19, or
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( c ) gives false information when requested to provide
information under Regulation 19, shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding £1,000, or to
imprisonment for a term not exceeding six months, or to both.
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Prosecutions
and Specific Rules of Evidence.
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15. (1) An offence under these Regulations may be prosecuted by
the Minister.
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(2) In proceedings for an offence under Regulation 14 (1) it shall be a
defence for the defendant to prove that the pesticide to which the offence
relates was either in stock or purchased by him during the twelve month
period following the date of clearance of the pesticide by the Minister in
accordance with these Regulations.
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Referee
Analysis.
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16. (1) Where an appeal is made to the District Court concerning
the results of any analysis made under Regulation 12 (5) the third part of
the sample shall if the defendant so requests be analyzed by the State
Chemist.
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(2) The State Chemist shall in making an analysis under this Regulation
comply with the methods of analysis that apply in the particular case as
specified in Regulation 12 (5) and issue a certificate in the form set out
in the Third Schedule to the defendant and to the designated chemist
concerned.
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17. The defendant shall be liable for the cost of the analysis
carried out by the State Chemist under Regulation 16 in the event that the
results of that analysis confirm that there has been a breach of these
Regulations.
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Fees.
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18. (1) Every application for approval of documentation and
materials and for clearance of a pesticide shall be subject to the payment
of the following fees, that is to say—
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( a ) for each active substance contained in the pesticide,
the fee set out in column (2) of Part 1A of the Fourth Schedule payable to
the Minister in respect of the appropriate type of clearance in relation to
a category set out in column (1) of the said Part 1A;
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( b ) in relation to each preparation, the fee set out in
column (2) of Part 1B of the Fourth Schedule payable to the Minister in
respect of the appropriate type of clearance in relation to a category set
out in column (1) of the said Part 1B;
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( c ) an initial fee of £100 shall accompany each application
in relation to a pesticide which payment shall be offset against the fees
mentioned in sub-paragraphs (a) and (b) (evaluation of each
application shall not be undertaken until the balance of the relevant fee is
paid);
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( d ) a fee of £150 shall be payable in each case where an
application is made for minor amendments to the packaging and labelling or
to the documentation and materials submitted in accordance with Regulation 6
(2) (a) or 6 (2) (b) and where it is considered no hazard
evaluation is involved or required. This fee shall not be offset against the
fees mentioned in sub-paragraphs (a) and (b).
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( e ) a fee of £500 shall be payable in each case where an
application is made for permission to market under Regulation 6 (2) (c).
This fee shall not be offset against the fees mentioned in sub-paragraphs (a)
and (b) of this paragraph.
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(2) ( a ) Every grant of an approval of documentation and
materials and for clearance of pesticides shall be for 12 months from the
date of such grant and shall be renewable at the discretion of the Minister
for a maximum of 9 further periods of 12 months on an application being made
in that behalf to the Minister and shall be accompanied by the appropriate
fee set out in Part 2 of the Fourth Schedule and on a request being made to
him in that behalf.
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( b ) The Minister may reduce the fee payable under this
paragraph where he is satisfied that the wholesale sales of a pesticide
during the previous 12 month period did not exceed 50 times the fee payable
under this paragraph to the Minister.
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(3) In the case of a pesticide already on the market the Minister may
reduce the fee, or fees, payable under paragraph (1) on a request being made
to him in that behalf, where he is satisfied that the wholesale sales of the
pesticide during the previous 12 month period did not exceed 50 times the
fee, or fees, payable to the Minister in accordance with paragraph (1). In
the case of an application for trials clearance of a pesticide the fee, or
fees, payable under paragraph (1) may be reduced by the Minister on a
request being made to him in that behalf where the potential area of use is
limited to a specialised area or specialised areas of use.
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(4) In the case of a pesticide which is being placed on the market for
the first time, the Minister may refund part of the fee, or fees, payable in
accordance with paragraph (1) on a request being made to him in that behalf,
where he is satisfied that the wholesale sales of the pesticide during the
twelve month period from the date of clearance of the pesticide in
accordance with paragraph 2 (b) of Regulation 6 did not exceed 50
times the fee, or fees, payable to the Minister in accordance with paragraph
(1). In the case of an application for trials clearance of a pesticide the
fee, or fees, payable under paragraph (1) may be reduced by the Minister on
a request being made to him in that behalf where the potential area of use
is limited to a specialised area or specialised areas of use.
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(5) Clearance of a pesticide in accordance with the requirements of these
Regulations shall be withdrawn if, in the case such a pesticide continues to
be placed on the market, there is a failure to pay the annual renewal fee
set out in Part 2 of the Fourth Schedule within 30 days of the fee falling
due but an application for a renewal of clearance of a pesticide may be made
more than 30 but not more than 60 days after the renewal fee fell due on
payment to the Minister of the late annual renewal fee set out in Part 3 of
the Fourth Schedule.
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(6) In the case of an application to alter the type of clearance where a
clearance has been approved, the fee, or fees, payable in respect of any
subsequent clearance shall be reduced by the amount already paid in
accordance with paragraph (1) (a), (b) and (c).
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(7) A fee payable under these Regulations may be recovered by the
Minister as a simple contract debt in any court of competent jurisdiction.
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19. A person who makes a claim for a reduction or a refund of fees
in accordance with Regulation 18 (2), 18 (3) or 18 (4) shall, at all
reasonable times—
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( a ) produce, at the request of an authorised officer, any
records, books or other documents which are in his possession or under his
control which substantiate such a claim,
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( b ) permit the officer to inspect and take extracts from
such records, books or other documents and give to the officer any
information which is within his knowledge or under his control and which
such officer may reasonably require for the purpose of verifying the claim,
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( c ) afford to such an officer such facilities and
assistance as are reasonably necessary for inspecting the stock of the
relevant pesticide if the officer considers such inspection is necessary for
the purpose of verifying the claim.
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Statutory
Instruments Revoked.
|
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20. The following are hereby revoked—
|
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( a ) the European Communities (Classification, Packaging and
Labelling of Pesticides) Regulations, 1985 ( S.I. No. 370 of 1985 ),
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( b ) the European Communities (Classification, Packaging and
Labelling of Pesticides) (Amendment) Regulations, 1987 ( S.I. No. 207 of 1987 ),
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( c ) the European Communities (Classification, Packaging and
Labelling of Pesticides) (Amendment) Regulations, 1989 ( S.I. No. 149 of 1989 ),
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( d ) the European Communities (Classification, Packaging and
Labelling of Pesticides) (Amendment) Regulations, 1991 ( S.I. No. 88 of 1991 ), and
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( e ) the European Communities (Classification, Packaging and
Labelling of Pesticides) (Amendment) Regulations, 1992 ( S.I. No. 416 of 1992 ).
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|
FIRST
SCHEDULE.
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ANNEX I.
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|
(Annex II to Council Directive 67/548/EEC as amended by the Directive of
1992 and adapted by Commission Directive 93/21/EEC).
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SYMBOLS AND
INDICATIONS.
|
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E
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|
O
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Explosive
|
|
Oxidizing
|
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F
|
|
F+
|
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|
Highly flammable
|
|
Extremely
flammable
|
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F
|
|
T+
|
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|
|
Toxic
|
|
Very toxic
|
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C
|
|
Xn
|
|
|
|
Corrosive
|
|
Harmful
|
|
Xi
|
|
N
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|
Irritant
|
|
Dangerous for
the environment
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ANNEX II.
|
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(Annex III to
Council Directive 67/548/EEC as amended by the Directive of 1992 and adapted
by Commission Directive 93/21/EEC).
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|
NATURE OF
SPECIAL RISKS.
|
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R1
|
Explosive when dry.
|
|
R2
|
Risk of explosion by shock, friction, fire or other
sources of ignition.
|
|
R3
|
Extreme risk of explosion by shock, friction, fire or
other sources of ignition.
|
|
R4
|
Forms very sensitive explosive metallic compounds.
|
|
R5
|
Heating may cause an explosion.
|
|
R6
|
Explosive with or without contact with air.
|
|
R7
|
May cause fire.
|
|
R8
|
Contact with combustible material may cause fire.
|
|
R9
|
Explosive when mixed with combustible material.
|
|
R10
|
Flammable.
|
|
R11
|
Highly flammable.
|
|
R12
|
Extremely flammable.
|
|
R14
|
Reacts violently with water.
|
|
R15
|
Contact with water liberates extremely flammable gases.
|
|
R16
|
Explosive when mixed with oxidising substances.
|
|
R17
|
Spontaneously flammable in air.
|
|
R18
|
In use, may form flammable/explosive vapour-air
mixture.
|
|
R19
|
May form explosive peroxides.
|
|
R20
|
Harmful by inhalation.
|
|
R21
|
Harmful in contact with skin.
|
|
R22
|
Harmful if swallowed.
|
|
R23
|
Toxic by inhalation.
|
|
R24
|
Toxic in contact with skin.
|
|
R25
|
Toxic if swallowed.
|
|
R26
|
Very toxic by inhalation.
|
|
R27
|
Very toxic in contact with skin.
|
|
R28
|
Very toxic if swallowed.
|
|
R29
|
Contact with water liberates toxic gas.
|
|
R30
|
Can become highly flammable in use.
|
|
R31
|
Contact with acids liberates toxic gas.
|
|
R32
|
Contact with acids liberates very toxic gas.
|
|
R33
|
Danger of cumulative effects.
|
|
R34
|
Causes burns.
|
|
R35
|
Causes severe burns.
|
|
R36
|
Irritating to eyes.
|
|
R37
|
Irritating to respiratory system.
|
|
R38
|
Irritating to skin.
|
|
R39
|
Danger of very serious irreversible effects.
|
|
R40
|
Possible risks of irreversible effects.
|
|
R41
|
Risk of serious damage to eyes.
|
|
R42
|
May cause sensitization by inhalation.
|
|
R43
|
May cause sensitization by skin contact.
|
|
R44
|
Risk of explosion if heated under confinement.
|
|
R45
|
May cause cancer.
|
|
R46
|
May cause heritable genetic damage.
|
|
R48
|
Danger of serious damage to health by prolonged
exposure.
|
|
R49
|
May cause cancer by inhalation.
|
|
R50
|
Very toxic to aquatic organisms.
|
|
R51
|
Toxic to aquatic organisms.
|
|
R52
|
Harmful to aquatic organisms.
|
|
R53
|
May cause long-term adverse effects in the aquatic
environment.
|
|
R54
|
Toxic to flora.
|
|
R55
|
Toxic to fauna.
|
|
R56
|
Toxic to soil organisms.
|
|
R57
|
Toxic to bees.
|
|
R58
|
May cause long-term adverse effects in the environment.
|
|
R59
|
Dangerous for the ozone layer.
|
|
R60
|
May impair fertility.
|
|
R61
|
May cause harm to the unborn child.
|
|
R62
|
Possible risk of impaired fertility.
|
|
R63
|
Possible risk of harm to the unborn child.
|
|
R64
|
May cause harm to breastfed babies.
|
|
Combination of R-Phases.
|
|
R14/15
|
Reacts violently with water, liberating extremely
flammable gases.
|
|
R15/29
|
Contact with water liberates toxic, extremely flammable
gas.
|
|
R20/21
|
Harmful by inhalation and in contact with skin.
|
|
R20/22
|
Harmful by inhalation and if swallowed.
|
|
R20/2½2
|
Harmful by inhalation, in contact with skin and if
swallowed.
|
|
R2½2
|
Harmful in contact with skin and if swallowed.
|
|
R23/24
|
Toxic by inhalation and in contact with skin.
|
|
R23/25
|
Toxic by inhalation and if swallowed.
|
|
R23/24/25
|
Toxic by inhalation, in contact with skin and if
swallowed.
|
|
R24/25
|
Toxic in contact with skin and if swallowed.
|
|
R26/27
|
Very toxic by inhalation and in contact with skin.
|
|
R26/28
|
Very toxic by inhalation and if swallowed.
|
|
R26/27/28
|
Very toxic by inhalation, in contact with skin and if
swallowed.
|
|
R27/28
|
Very toxic in contact with skin and if swallowed.
|
|
R36/37
|
Irritating to eyes and respiratory system.
|
|
R36/38
|
Irritating to eyes and skin.
|
|
R36/37/38
|
Irritating to eyes, respiratory system and skin.
|
|
R37/38
|
Irritating to respiratory system and skin.
|
|
R39/23
|
Toxic: danger of very serious irreversible effects
through inhalation.
|
|
R39/24
|
Toxic: danger of very serious irreversible effects in
contact with skin.
|
|
R39/25
|
Toxic: danger of very serious irreversible effects if
swallowed.
|
|
R39/23/24
|
Toxic: danger of very serious irreversible effects
through inhalation and in contact with skin.
|
|
R39/23/25
|
Toxic: danger of very serious irreversible effects
through inhalation and if swallowed.
|
|
R39/24/25
|
Toxic: danger of very serious irreversible effects in
contact with skin and if swallowed.
|
|
R39/23/24/25
|
Toxic: danger of very serious irreversible effects
through inhalation, in contact with skin and if swallowed.
|
|
R39/26
|
Very toxic: danger of very serious irreversible effects
through inhalation.
|
|
R39/27
|
Very toxic: danger of very serious irreversible effects
in contact with skin.
|
|
R39/28
|
Very toxic: danger of very serious irreversible effects
if swallowed.
|
|
R39/26/27
|
Very toxic: danger of very serious irreversible effects
through inhalation and in contact with skin.
|
|
R39/26/28
|
Very toxic: danger of very serious irreversible effects
through inhalation and if swallowed.
|
|
R39/27/28
|
Very toxic: danger of very serious irreversible effects
in contact with skin and if swallowed.
|
|
R39/26/27/28
|
Very toxic: danger of very serious irreversible effects
through inhalation, in contact with skin and if swallowed.
|
|
R40/20
|
Harmful: possible risk of irreversible effects through
inhalation.
|
|
R40/21
|
Harmful: possible risk of irreversible effects in contact
with skin.
|
|
R40/22
|
Harmful: possible risk of irreversible effects if
swallowed.
|
|
R40/20/21
|
Harmful: possible risk of irreversible effects through
inhalation and in contact with skin.
|
|
R40/20/22
|
Harmful: possible risk of irreversible effects through
inhalation and if swallowed.
|
|
R40/2½2
|
Harmful: possible risk of irreversible effects in
contact with skin and if swallowed.
|
|
R40/20/2½2
|
Harmful: possible risk of irreversible effects through
inhalation, in contact with skin and if swallowed.
|
|
R42/43
|
May cause sensitization by inhalation and skin contact.
|
|
R48/20
|
Harmful: danger of serious damage to health by
prolonged exposure through inhalation.
|
|
R48/21
|
Harmful: danger of serious damage to health by
prolonged exposure in contact with skin.
|
|
R48/22
|
Harmful: danger of serious damage to health by
prolonged exposure if swallowed.
|
|
R48/20/21
|
Harmful: danger of serious damage to health by
prolonged exposure through inhalation and in contact with skin.
|
|
R48/20/22
|
Harmful: danger of serious damage to health by
prolonged exposure through inhalation and if swallowed.
|
|
R48/2½2
|
Harmful: danger of serious damage to health by
prolonged exposure in contact with skin and if swallowed.
|
|
R48/20/2½2
|
Harmful: danger of serious damage to health by
prolonged exposure through inhalation, in contact with skin and if
swallowed.
|
|
R48/23
|
Toxic: danger of serious damage to health by prolonged
exposure through inhalation.
|
|
R48/24
|
Toxic: danger of serious damage to health by prolonged
exposure in contact with skin.
|
|
R48/25
|
Toxic: danger of serious damage to health by prolonged
exposure if swallowed.
|
|
R48/23/24
|
Toxic: danger of serious damage to health by prolonged
exposure through inhalation and in contact with skin.
|
|
R48/23/25
|
Toxic: danger of serious damage to health by prolonged
exposure through inhalation and if swallowed.
|
|
R48/24/25
|
Toxic: danger of serious damage to health by prolonged
exposure in contact with skin and if swallowed.
|
|
R48/23/24/25
|
Toxic: danger of serious damage to health by prolonged
exposure through inhalation, in contact with skin and if swallowed.
|
|
R50/53
|
Very toxic to aquatic organisms, may cause long-term
adverse effects in the aquatic environment.
|
|
R51/53
|
Toxic to aquatic organisms, may cause long-term adverse
effects in the aquatic environment.
|
|
R52/53
|
Harmful to aquatic organisms, may cause long-term
adverse effects in the aquatic environment.
|
|
|
|
|
ANNEX III.
|
|
|
|
(Annex IV to
Council Directive 67/548/EEC as amended by the Directive of 1992 and adapted
by Commission Directive 93/21/EEC).
|
|
|
|
SAFETY ADVICE.
|
|
|
|
|
|
|
|
|
S1
|
Keep locked up.
|
|
S2
|
Keep out of the reach of children.
|
|
S3
|
Keep in a cool place.
|
|
S4
|
Keep away from living quarters.
|
|
S5
|
Keep contents under . . . (appropriate liquid to be
proposed by the manufacturer).
|
|
S6
|
Keep under. . . (inert gas to be proposed by the
manufacturer).
|
|
S7
|
Keep container tightly closed.
|
|
S8
|
Keep container dry.
|
|
S9
|
Keep container in a well-ventilated place.
|
|
S12
|
Do not keep the container sealed.
|
|
S13
|
Keep away from food, drink and animal feeding stuffs.
|
|
S14
|
Keep away from .... (incompatible materials to be
indicated by the manufacturer).
|
|
S15
|
Keep away from heat.
|
|
S16
|
Keep away from sources of ignition — No smoking.
|
|
S17
|
Keep away from combustible material.
|
|
S18
|
Handle and open container with care.
|
|
S20
|
When using do not eat or drink.
|
|
S21
|
When using do not smoke.
|
|
S22
|
Do not breathe dust.
|
|
S23
|
Do not breathe gas/fumes/vapour/spray (appropriate
wording to be proposed by the manufacturer).
|
|
S24
|
Avoid contact with skin.
|
|
S25
|
Avoid contact with eyes.
|
|
S26
|
In case of contact with eyes, rinse immediately with
plenty of water and seek medical advice.
|
|
S27
|
Take off immediately all contaminated clothing.
|
|
S28
|
After contact with skin, wash immediately with plenty
of . . . (to be proposed by the manufacturer).
|
|
S29
|
Do not empty into drains.
|
|
S30
|
Never add water to this product.
|
|
S33
|
Take precautionary measures against static discharges.
|
|
S35
|
This material and its container must be disposed of in
a safe way.
|
|
S36
|
Wear suitable protective clothing.
|
|
S37
|
Wear suitable gloves.
|
|
S38
|
In case of insufficient ventilation, wear suitable
respiratory equipment.
|
|
S39
|
Wear eye/face protection.
|
|
S40
|
To clean the floor and all objects contaminated by this
material, use ... (to be proposed by the manufacturer).
|
|
S41
|
In case of fire and/or explosion do not breathe fumes.
|
|
S42
|
During fumigation/spraying wear suitable respiratory
equipment (appropriate working to be proposed by the manufacturer).
|
|
S43
|
In case of fire, use . . . (indicate in the space the
precise type of fire-fighting equipment. If water increases risk,
add—Never use water).
|
|
S45
|
In case of accident or if you feel unwell, seek medical
advice immediately (show the label where possible).
|
|
S46
|
If swallowed, seek medical advice immediately and show
this container or label.
|
|
S47
|
Keep at temperature not exceeding . . . °C (to be
proposed by the manufacturer).
|
|
S48
|
Keep wetted with . . . (appropriate material to be
proposed by the manufacturer).
|
|
S49
|
Keep only in the original container.
|
|
S50
|
Do not mix with . . . (to be proposed by the
manufacturer).
|
|
S51
|
Use only in well ventilated areas.
|
|
S52
|
Not recommended for interior use on large surface
areas.
|
|
S53
|
Avoid exposure - obtain special instructions before
use.
|
|
S56
|
Dispose of this material and its container to hazardous
or special waste collection point.
|
|
S57
|
Use appropriate containment to avoid environmental
contamination.
|
|
S59
|
Refer to manufacturer/supplier for information on
recovery/recycling.
|
|
S60
|
This material and its container must be disposed of as
hazardous waste.
|
|
S61
|
avoid release to the environment. Refer to special
instructions / Safety data sheets.
|
|
S62
|
If swallowed, do not induce vomiting: seek medical
advice immediately and show this container or label.
|
|
Combination of S-Phrases.
|
|
S½
|
Keep locked up and out of the reach of children.
|
|
S3/7
|
Keep container tightly closed in a cool place.
|
|
S3/9/14
|
Keep in a cool, well ventilated place away from . . .
(incompatible materials to be indicated by the manufacturer).
|
|
S/3/14/49
|
Keep only in the original container in a cool, well
ventilated place away from . . . (incompatible materials to be indicated
by the manufacturer).
|
|
S3/9/49
|
Keep only in the original container in a cool, well
ventilated place.
|
|
S3/14
|
Keep in a cool place away from . . . (incompatible
materials to be indicated by the manufacturer).
|
|
S7/8
|
Keep container tightly closed and dry.
|
|
S7/9
|
Keep container tightly closed and in a well ventilated
place.
|
|
S7/47
|
Keep container tightly closed and at temperature not
exceeding . . . øC (to be proposed by the
manufacturer).
|
|
S20/21
|
When using do not eat, drink or smoke.
|
|
S24/25
|
Avoid contact with skin and eyes.
|
|
S29/56
|
Do not empty into drains, dispose of this material and
its container to hazardous or special waste collection point.
|
|
S36/37
|
Wear suitable protective clothing and gloves.
|
|
S36/37/39
|
Wear suitable protective clothing, gloves and eye/face
protection.
|
|
S36/39
|
Wear suitable protective clothing and eye/face
protection.
|
|
S37/39
|
Wear suitable gloves and eye/face protection.
|
|
S47/49
|
Keep only in the original container at temperature not
exceeding . . . °C (to be proposed by the manufacturer).
|
|
|
|
|
ANNEX IV.
|
|
|
|
(Annex V to
Council Directive 78/631/EEC).
|
|
|
|
SAFETY ADVICE.
|
|
|
|
For pesticides classified as very toxic, toxic, harmful, corrosive or
irritant, the following safety advice is compulsory:
|
|
|
|
|
|
|
|
|
No. in Annex IV
to Directive 67/548/EEC
|
Standard Phrases
|
|
S2
|
Keep out of reach of children.
|
|
S20/21
|
When using do not eat, drink or smoke.
|
|
S13
|
Keep away from food, drink and animal feeding stuffs.
|
|
For harmful pesticides:
|
|
S44
|
If you feel unwell, seek medical advice (show the label
where possible).
|
|
For very toxic and toxic pesticides:
|
|
S45
|
In case of accident or if you feel unwell, seek medical
advice immediately (show the label where possible).
|
|
Depending on the particular nature of the risks of the
pesticide, the following safety advice must also be given:
|
|
S22
|
Do not breathe dust.
|
|
S23
|
Do not breathe gas/fumes/vapour/spray (apparopriate wording to be proposed by the
manufacturer).
|
|
S27
|
Take off immediately all contaminated clothing.
|
|
S36
|
Wear suitable protective clothing.
|
|
S37
|
Wear suitable gloves.
|
|
S42
|
During fumigation/spraying wear suitable respiratory
equipment (appropriate wording to be proposed by the manufacturer).
|
|
When a pesticide is classified as corrosive, the
following safety advice must also be given:
|
|
S28
|
After contact with skin, wash immediately with plenty
of . . . (to be proposed by the manufacturer).
|
|
S37
|
Wear suitable gloves.
|
|
S39
|
Wear eye/face protection.
|
|
When a pesticide contains phosphoric acid esters, the
following advice must also be given:
|
|
S28
|
After contact with skin, wash immediately with plenty
of . . . (to be proposed by the manufacturer).
|
|
If two or more phrases are required, they can be
combined in accordance with Annex XI.
|
|
|
|
|
ANNEX V.
|
|
|
|
(Annex I to
Council Directive 78/631/EEC).
|
|
|
|
CLASSIFICATION
BY CALCULATION OF PESTICIDES CONTAINING ONE ACTIVE SUBSTANCE.
|
|
|
|
Pesticides containing onae active substance and
one or more inert vehicles and/or adjuvants shall
be classified by means of the following formula:
|
|
|
|
L x 100 = A
|
|
|
|
C
|
|
|
|
where:
|
|
|
|
L = oral LD50 of the active substance in the rat,
|
|
|
|
C = concentration of active substance in percentage by weight,
|
|
|
|
A = value determining the classification of the pesticide in accordance
with Article 3 (1) (a).
|
|
|
|
ANNEX VI.
|
|
|
|
(Annex III to
Council Directive 78/631/EEC).
|
|
|
|
LIST OF ACTIVE
SUBSTANCES WITH INDICATIONS OF THEIR CONVENTIONAL LD50 AND LC50
VALUES.
|
|
|
|
Explanatory notes:
|
|
|
|
1. The values in italics are those that are to be taken into
consideration for the purpose of applying the formula.
|
|
|
|
The other values are given for information in order to assign additional
appropriate phrases indicating the nature of the special risk (R phrases)
and safety advice (S phrases) that must appear on the label.
|
|
|
|
2. NR (not relevant). This indication means that the values are available
but of no relevance for either the classification or the labelling of
preparations: for example, percutaneous LD50
values exceeding the maximum limits laid down.
|
|
|
|
|
|
|
|
|
EEC Number Substance
|
Conventional
values of
|
|
|
Oral LD50
mg/kg
|
Cut LD50
mg/kg
|
Inh LC50 Mg/¼h
|
|
015-079-00-7
|
Acephate
|
945
|
NR
|
|
|
605-008-00-3
|
2-Propenal (Acrolein)
|
46
|
562
|
|
|
|
Alachlor
|
1,200
|
NR
|
|
|
602-048-00-3
|
Aldrin
|
46
|
98
|
|
|
006-025-00-3
|
Allethrin
|
920
|
NR
|
|
|
616-004-00-6
|
Allidochlor
|
700
|
360
|
|
|
603-015-00-6
|
2-Propen-l-ol
|
64
|
90
|
|
|
613-011-00-6
|
Aminotriazole
|
2,000
|
|
|
|
613-010-00-0
|
Ametryne
|
1,405
|
NR
|
NR
|
|
015-080-00-2
|
Amidithion
|
600
|
|
|
|
612-052-00-7
|
2-Aminobutane
|
380
|
2500
|
|
|
006-018-00-5
|
Aminocarb
|
50
|
275
|
|
|
006-008-00-0
|
Antu
|
2
|
|
|
|
015-056-00-1
|
Axinphos-ethyl
|
12
|
250
|
|
|
015-039-00-9
|
Azinphos-methyl
|
16
|
250
|
|
|
006-020-00-6
|
Barban
|
1,300
|
NR
|
NR
|
|
|
Barium carbonate
|
650
|
|
|
|
015-083-00-9
|
Bensulide
|
770
|
3,950
|
|
|
613-012-00-1
|
Bentazone
|
1,100
|
NR
|
|
|
006-036-00-3
|
Benzthiazuron
|
1,280
|
|
|
|
609-024-00-1
|
Binapacryl
|
421
|
720
|
|
|
609-032-00-5
|
Bromofenoxim
|
1,217
|
NR
|
|
|
|
Bromophos
|
1,600
|
2,181
|
|
|
015-064-00-5
|
Bromophos-ethyl
|
71
|
1,000
|
|
|
608-006-00-0
|
Bromoxynil
|
190
|
|
|
|
602-044-00-1
|
Camphechlor
|
80
|
1,075
|
|
|
006-011-00-7
|
Carbaryl
|
300
|
NR
|
|
|
006-026-00-9
|
Carbofuran
|
8
|
120
|
|
|
015-044-00-6
|
Carbophenothion
|
32
|
27
|
|
|
602-047-00-8
|
Chlordane
|
460
|
700
|
|
|
606-019-00-6
|
Chlordecone
|
114
|
475
|
|
|
650-007-00-3
|
Chlordimeform
|
340
|
640
|
|
|
607-074-00-9
|
Chlorfenac
|
575
|
3,160
|
|
|
603-049-00-1
|
Chlorfenethol
|
930
|
|
|
|
607-075-00-4
|
Chlorfenpropmethyl
|
1,190
|
|
|
|
015-071-00-3
|
Chlorfenvinphos
|
10
|
108
|
|
|
606-014-00-9
|
Chlorophacinone
|
2
|
200
|
|
|
015-085-00-X
|
Chlorphonium
|
178
|
750
|
|
|
015-084-00-4
|
Chlorpyrifos
|
135
|
202
|
|
|
616-005-00-1
|
Chlorthiamid
|
757
|
|
|
|
607-057-00-6
|
Coumachlor
|
900
|
|
|
|
015-038-00-3
|
Coumaphos
|
16
|
860
|
|
|
607-059-00-7
|
Coumatetralyl
|
17
|
|
|
|
015-086-00-5
|
Coumithoate
|
67
|
|
|
|
|
Crotoxyphos
|
74
|
202
|
|
|
613-004-00-8
|
Crimidine
|
1.25
|
|
|
|
015-074-00-X
|
Crufomate
|
770
|
2,000
|
|
|
613-013-00-7
|
Cyanazine
|
182
|
NR
|
|
|
015-087-00-0
|
Cyanophos
|
610
|
800
|
|
|
|
Cycloheximide
|
2
|
|
|
|
015-070-00-8
|
Cyanthoate
|
3.2
|
105
|
|
|
050-002-00-0
|
Cyhexatin
|
540
|
2,200
|
|
|
607-039-00-8
|
2, 4-D
|
375
|
1,500
|
|
|
613-008-00-X
|
Dazomet
|
640
|
|
|
|
607-083-00-8
|
2, 4-DB
|
700
|
800
|
|
|
602-045-00-7
|
DDT
|
113
|
2,510
|
|
|
015-028-00-9
|
Demeton-O
|
1.7
|
|
|
|
015-030-00-X
|
Demeton-O-methyl
|
180
|
|
|
|
015-029-00-4
|
Demeton-S
|
1.7
|
|
|
|
015-031-00-5
|
Demeton-S-methyl
|
40
|
302
|
|
|
015-078-00-1
|
Demeton-S-methyl sulphone
|
37
|
|
|
|
613-007-00-4
|
Desmetryne
|
1,390
|
1,000
|
|
|
015-088-00-6
|
Dialifos
|
5
|
145
|
|
|
006-019-00-0
|
Di-allate
|
395
|
|
|
|
015-040-00-4
|
Diazinon
|
300
|
900
|
|
|
602-021-00-6
|
1, 2-Dibromo-3-chloropropane
|
170
|
1,420
|
|
|
015-068-00-7
|
Dichlofenthion
|
270
|
NR
|
|
|
606-018-00-0
|
Dichlone
|
1,300
|
|
|
|
602-012-00-7
|
1, 2-Dichloroethane
|
670
|
2,800
|
|
|
607-045-00-0
|
Dichlorprop
|
800
|
1,400
|
|
|
015-019-00-X
|
Dichlorvos
|
56
|
107
|
|
|
603-044-00-4
|
Dicofol
|
690
|
1,870
|
|
|
015-073-00-4
|
Dicrotophos
|
22
|
181
|
|
|
602-049-00-9
|
Dieldrin
|
38
|
10
|
|
|
015-061-00-9
|
Dimefox
|
1
|
5
|
|
|
006-010-00-1
|
Dimetan
|
120
|
|
|
|
015-051-00-4
|
Dimethoate
|
425
|
|
|
|
006-040-00-5
|
Dimetilan
|
47
|
600
|
|
|
006-028-00-X
|
Dinobuton
|
140
|
NR
|
|
|
609-025-00-7
|
Dinoseb
|
58
|
200
|
|
|
609-023-00-6
|
Dinocap
|
980
|
NR
|
|
|
609-026-00-2
|
Salts and esters of dinoseb
|
60
|
|
|
|
609-030-00-4
|
Dinoterb
|
25
|
|
|
|
609-031-00-X
|
Salts and esters of dinoterb
|
25
|
|
|
|
006-029-00-5
|
Dioxacarb
|
90
|
3,000
|
|
|
015-063-00-X
|
Dioxathion
|
23
|
63
|
|
|
616-007-00-2
|
Diphenamid
|
970
|
|
|
|
015-060-00-3
|
Disulfoton
|
2.6
|
20
|
|
|
613-021-00-0
|
Dithianon
|
640
|
|
|
|
609-020-00-X
|
DNOC
|
25
|
200
|
|
|
607-076-00-X
|
Dodine
|
1,000
|
NR
|
|
|
650-008-00-9
|
Drazoxolon
|
126
|
|
|
|
602-052-00-5
|
Endosulfan
|
80
|
359
|
|
|
607-055-00-5
|
Endothal-sodium
|
51
|
750
|
|
|
015-049-00-3
|
Endothion
|
30
|
400
|
|
|
602-051-00-X
|
Endrin
|
7
|
60
|
|
|
015-036-00-2
|
EPN
|
14
|
25
|
|
|
006-030-00-0
|
EPTC
|
1,652
|
3,200
|
|
|
607-077-00-5
|
Erbon
|
1,120
|
|
|
|
015-047-00-2
|
Ethion
|
161
|
915
|
|
|
015-089-00-1
|
Ethoate-methyl
|
340
|
1,000
|
|
|
|
Ethoprophos
|
62
|
26
|
|
|
611-003-00-7
|
Fenaminosulf
|
60
|
1,000
|
|
|
613-015-00-8
|
Fenazaflor
|
283
|
700
|
|
|
015-052-00-X
|
Fenchlorphos
|
1,740
|
2,000
|
|
|
015-054-00-0
|
Fenitrothion
|
503
|
|
|
|
607-047-00-1
|
Fenoprop
|
650
|
|
|
|
015-090-00-7
|
Fensulfothion
|
3.5
|
3.5
|
|
|
015-048-00-8
|
Fenthion
|
190
|
|
|
|
050-003-00-6
|
Fentin acetate
|
125
|
1,680
|
|
|
050-004-00-1
|
Fentin hydroxide
|
108
|
500
|
|
|
607-078-00-0
|
Fluenetil
|
6
|
4
|
|
|
616-002-00-5
|
Fluoroacetamide
|
13
|
80
|
|
|
015-091-00-2
|
Fonofos
|
8
|
25
|
|
|
015-057-00-7
|
Formothion
|
365
|
|
|
|
|
Hexachloroacetone
|
1,550
|
2,980
|
|
|
|
Heptachlor epoxide
|
34
|
|
|
|
602-046-00-2
|
Heptachlor
|
100
|
159
|
|
|
613-017-00-9
|
8-Hydroxyquinoline sulphate
|
1,200
|
|
|
|
608-007-00-6
|
loxynil
|
110
|
809
|
|
|
|
loxynil-octanoate
|
390
|
|
|
|
602-053-00-0
|
Isobenzan
|
4.8
|
4
|
|
|
006-009-00-6
|
Isolan
|
11
|
5.6
|
|
|
607-079-00-6
|
Kelevan
|
240
|
314
|
|
|
602-043-00-6
|
Lindane
|
80
|
900
|
|
|
|
Malathion containing more
than 1.8% isomalathion
|
885
|
|
|
|
|
Malathion containing 1.8% isomalathion or less
|
2,000
|
|
|
|
607-051-00-3
|
MCPA
|
700
|
|
|
|
607-052-00-9
|
Salts and esters of MCPA
|
700
|
|
|
|
607-053-00-4
|
NCPB
|
680
|
|
|
|
607-054-00-X
|
Salts and esters of MCPB
|
680
|
|
|
|
015-045-00-1
|
Mecarbam
|
36
|
|
|
|
607-049-00-2
|
Mecoprop
|
930
|
900
|
|
|
015-094-00-9
|
Mephosfolan
|
9
|
9-7
|
|
|
006-023-00-2
|
Methiocarb
|
35
|
400
|
|
|
080-003-00-1
|
Mercurous chloride
|
210
|
|
|
|
605-005-00-7
|
Metaldehyde
|
630
|
|
|
|
015-095-00-4
|
Methamidophos
|
7.5
|
110
|
|
|
015-069-00-2
|
Methidathion
|
25
|
1,546
|
|
|
615-002-00-2
|
Methyl isothiocyanate
|
175
|
2,780
|
|
|
|
Methomyl
|
17
|
NR
|
|
|
|
Mevinphos
|
4
|
4
|
|
|
|
Molinate
|
720
|
|
|
|
|
Monuron
|
1,480
|
|
|
|
015-072-00-9
|
Monocrotophos
|
14
|
112
|
|
|
006-032-00-1
|
Monolinuron
|
1,800
|
|
|
|
613-018-00-4
|
Morfamquat
|
325
|
|
|
|
006-014-00-2
|
Nabam
|
395
|
|
|
|
015-055-00-6
|
Naled
|
430
|
800
|
|
|
614-001-00-4
|
Nicotine
|
50
|
50
|
|
|
650-004-00-7
|
Norbormide
|
4.4
|
|
|
|
015-066-00-6
|
Omethoate
|
50
|
700
|
|
|
015-034-00-1
|
Parathion
|
2
|
6.8
|
|
|
015-035-00-7
|
Parathion-methyl
|
6
|
67
|
|
|
006-034-00-2
|
Pebulate
|
1,120
|
|
|
|
604-002-00-8
|
Pentachlorophenol
|
27
|
105
|
|
|
015-097-00-5
|
Phenthoate
|
400
|
700
|
|
|
015-033-00-6
|
Phorate
|
2
|
2.5
|
|
|
015-101-00-5
|
Phosmet
|
230
|
1,150
|
|
|
015-022-00-6
|
Phosphamidon
|
17
|
374
|
|
|
|
Phospholan
|
9
|
23
|
|
|
015-100-00-X
|
Phoxim
|
1,845
|
NR
|
|
|
015-099-00-6
|
Pirimiphos-ethyl
|
140
|
1,000
|
|
|
006-037-00-9
|
Promecarb
|
74
|
|
|
|
616-009-00-3
|
Propanil
|
1,400
|
NR
|
|
|
|
Propargite
|
1,500
|
|
|
|
|
Promurit
|
0.28
|
|
|
|
006-016-00-4
|
Propoxur
|
95
|
NR
|
|
|
015-032-00-0
|
Prothoate
|
8
|
14
|
|
|
015-026-00-8
|
Schradan
|
9
|
15
|
|
|
614-003-00-5
|
Strychnine
|
5
|
|
|
|
006-038-00-4
|
Sulfallate
|
850
|
|
|
|
015-027-00-3
|
Sulfotep
|
5
|
20
|
|
|
607-041-00-9
|
2, 4, 5-T
|
500
|
|
|
|
607-042-00-4
|
Salts and esters of 2, 4, 5-T
|
500
|
NR
|
|
|
015-025-00-2
|
TEPP
|
1.1
|
2.4
|
|
|
015-050-00-9
|
Thiometon
|
120
|
700
|
|
|
|
Thionazin
|
12
|
11
|
|
|
006-039-00-X
|
Triallate
|
1,700
|
|
|
|
015-098-00-0
|
Trichloronate
|
16
|
135
|
|
|
613-020-00-5
|
Tridemorph
|
650
|
1,350
|
|
|
|
Trifenmorph
|
1,400
|
|
|
|
|
2, 3, 6-TBA
|
1,500
|
|
|
|
006-005-00-4
|
Thiram
|
560
|
2,000
|
|
|
015-024-00-7
|
Triamiphos
|
20
|
48
|
|
|
015-021-00-0
|
Trichlorphon
|
560
|
NR
|
|
|
015-059-00-8
|
Vamidothion
|
103
|
1,160
|
|
|
607-056-00-0
|
Warfarin
|
3
|
|
|
|
006-012-00-2
|
Ziram
|
1,400
|
|
|
|
602-008-00-5
|
Tetrachloromethane(1)
|
0.4
|
|
|
|
602-002-00-3
|
Bromomethane(1)
|
0.4
|
|
0.004
|
|
006-003-00-3
|
Carbon disulphide(1)
|
0.4
|
|
|
|
015-004-00-8
|
Aluminium phosphide(1)
|
0.4
|
|
0.004
|
|
015-006-00-9
|
Zinc phosphide(1)
|
0.4
|
|
0.004
|
|
602-010-00-6
|
1, 2-Dibromoethane(1)
|
0.4
|
|
|
|
603-023-00-X
|
Ethylene oxide(1)
|
|
|
0.004
|
|
016-010-00-3
|
Sodium polysulphides(2)
|
|
|
|
|
016-007-00-7
|
Potassium polysulphides(2)
|
|
|
|
|
016-008-00-2
|
Ammonium polysulphides(2)
|
|
|
|
|
016-005-00-6
|
Calcium polysulphides(2)
|
|
|
|
|
016-003-00-5
|
Barium polysulphides(2)
|
|
|
|
|
616-006-00-7
|
Dichloflaunid(2)
|
|
|
|
|
|
|
|
(1) Not determined experimentally.
|
|
|
|
(2) Conventional LD50 and LC50 values
have not been given to these substances because of their corrosive/irritant
properties.
|
|
|
|
ANNEX VII.
|
|
|
|
Additional safety
advice.
|
|
|
|
|
|
|
|
|
FS 1
|
Store/keep in original container, tightly closed, in a
safe place/under lock and key/away from damp/sources of heat.
|
|
FS 2
|
Store/keep/apply/away from/install out of reach of
pets/birds/bees/fish/(young) children.
|
|
FS 3
|
Store unused sachets in a safe place. Do not store
half-used sachets.
|
|
FS 4
|
Not to be used on food crops.
|
|
FS 5
|
For use only on/crop/foodstuff/surface/situation/for
control of process.
|
|
FS 6
|
To be used only by (professional) operators
(instructed/or trained/in the use of chemical/product/type of product/ and
familiar with the precautionary measures to be observed).
|
|
FS 7
|
Do not spray/apply directly to livestock/poultry/pets
food/food crops.
|
|
FS 8
|
Do not apply to clothing/fabric/bedding.
|
|
FS 9
|
Do not apply to those surfaces/on which food/feed is
stored, prepared/or/eaten/which children are likely to touch.
|
|
FS 10
|
Do not prepare/use/place bait/dust in/domestic
kitchens/ larders/food cupboards/ where human or animal food or water
could become contaminated.
|
|
FS 11
|
Do not use in wet weather/strong winds.
|
|
FS 12
|
Avoid all contact by mouth/with skin/eyes.
|
|
FS 13
|
Avoid contact during pregnancy.
|
|
FS 14
|
Wear respiratory equipment*/protective gloves/synthetic
rubber gloves/PVC gloves/ goggles/face shield/sou'wester/
overalls/apron/impervious apron/ mackintosh/boots/impervious boots/spray
mask/dust mask when handling/diluting/applying/spraying the concentrate/liquid/dust/fumigant/bait/
product/treated seed/ freshly treated timber/solution.
|
|
|
*a suitable type of respirator and canister should be
specified.
|
|
FS 15
|
Do not breathe dust/mist/smoke/fog. (If necessary for
personal comfort, wear a mask.)
|
|
|
or
|
|
|
Avoid working in spray mist/smoke/fog.
|
|
FS 16
|
Wash off splashes immediately.
|
|
|
or
|
|
|
Wash splashes/dust/powder/concentrate/any
contamination/ from skin and eyes immediately.
|
|
FS 17
|
Wash hands and exposed skin/before eating, drinking or
smoking and after work/before meals and after work/after use/handling.
|
|
|
or
|
|
|
Wash hands before meals and after work.
|
|
FS 18
|
Extinguish all naked flames/including pilot lights/
when applying the fumigant/dust/liquid/product.
|
|
FS 19
|
Do not apply in the presence of/avoid/naked flames, hot
surfaces/or/unprotected electrical equipment.
|
|
FS 20
|
Do not work in confined spaces or enter spaces in which
high concentrations of vapouar are present.
Where this precaution cannot be observed distance breathing or self
contained breathing apparatus must be worn, and the work should be done by
trained operators.
|
|
FS 21
|
Ensure adequate ventilation when handling/applying (in
confined spaces).
|
|
FS 22
|
Wash all protective clothing thoroughly after use,
especially the insides of gloves.
|
|
|
or
|
|
|
Avoid excessive contamination of overalls/clothing and
launder regularly.
|
|
FS 23
|
Do not handle seed unnecessarily.
|
|
FS 24
|
Not to be used as food or feed.
|
|
FS 25
|
Do not re-use sack for food or feed.
|
|
FS 26
|
Do not allow . . . (product) . . . to come into contact
with food or cooking utensils.
|
|
FS 27
|
Protect/cover food preparing equipment and eating
utensils from contamination during application/before spraying.
|
|
FS 28
|
Do not exceed use of one unit/strip per . . . cu m (cu
f).
|
|
FS 29
|
Do not apply more than . . . per (state amount).
|
|
FS 30
|
Do not apply more than . . . times per crop/season/time
period.
|
|
FS 31
|
Keep children/pets/animals away from treated areas/baits
for . . . hours/days.
|
|
FS 32
|
Remove/cover all/food/food processing equipment/eating
utensils/foodstuffs/fish bowls/fish tanks/caged birds/pets/water storage
tanks/before spraying/application/dusting/treatment.
|
|
FS 33
|
Protect exposed water/feed/milk machinery/milk
containers from contamination.
|
|
FS 34
|
Do not prepare/use/lay baits/dust/spray where food/feed
water could become contaminated.
|
|
FS 35
|
Remove exposed milk/collect eggs before application.
|
|
|
or
|
|
|
Remove/all animals/pets/livestock/feed/exposed
water/milk/ collect eggs before application/spraying.
|
|
FS 36
|
Fumigate only under conditions which allow no leakage
of gas to adjacent occupied premises.
|
|
FS 37
|
Do not harvest/crops for human/animal consumption/for
at least ( . . . days/weeks) after last application.
|
|
|
or
|
|
|
Do not pick/gather/food crops within . . .
hours/days/weeks of treatment.
|
|
FS 38
|
For use on the following crops with stated minimum interval
between last application and harvesting. Any table prepared should be
based on cleared uses for the product in question. This safety information
may be combined on the label with that on the efficient use of the
product.
|
|
FS 39
|
Keep unprotected persons/livestock/pets out of treated
areas for at least . . . (interval)/until walls/surfaces are dry/until
smoke has cleared.
|
|
FS 40
|
Dangerous/Harmful to livestock. Keep all livestock/out
of treated areas/away from treated water/for at least . . . (interval).
Bury or remove spillages.
|
|
|
or
|
|
|
Keep livestock out of treated areas for at least . . .
(interval)/if poisonous weeks such as ragwort are present.
|
|
FS 41
|
Ventilate treated areas/rooms/confined spaces
thoroughly/ before occupying/after application when gas/smoke has cleared.
|
|
FS 42
|
Prevent access to baits by children, domesticated
animals and pets, (particularly cats, dogs and pigs).
|
|
|
or
|
|
|
Keep/apply/suspend only in positions inaccessible to
children and pets.
|
|
FS 43
|
Use bait containers clearly marked "Poison"
at all/ surface baiting points.
|
|
FS 44
|
Remove all remains of dust/bait/and bait containers/and
dead rodents/after/at end of/treatment and burn/bury/destroy/ dispose of
safely.
|
|
|
or
|
|
|
Remove exposed dust thoroughly after use and bury/burn.
|
|
FS 45
|
Do not sow/plant/transplant . . . (specify crops) . . .
for at least . . . (interval).
|
|
FS 46
|
Do not use outdoors.
|
|
FS 47
|
Do not use in occupied dwelling-houses.
|
|
FS 48
|
Do not apply from aircraft/the air.
|
|
FS 49
|
Dangerous/Harmful to game/wild/caged/birds/butterflies/
animals/fish/bees/pets. Bury spillages/Do not apply within reach of
domestic animals/where animals may lick/come in contact with freshly
treated surfaces.
|
|
|
or
|
|
|
FS 2
|
|
FS 50
|
Dangerous/Harmful to bees. Do not apply/dust/spray/at
flowering stage/crops in open flower/during bee activity. Keep down
flowering weeds.
|
|
FS 51
|
Dangerous/Harmful to fish. Do not contaminate ponds,
waterways or ditches with the chemical or used container.
|
|
|
or
|
|
|
Do not contaminate ponds, waterways or ditches with
chemical or used container.
|
|
FS 52
|
Prevent any surface run off to/from entering
storm/drains.
|
|
|
or
|
|
|
Avoid contamination of watercourses/ground.
|
|
FS 53
|
This material and its container must be disposed of in
a safe way.
|
|
|
or
|
|
|
Dispose of used generator/packaging safely.
|
|
FS 54
|
All washable containers should be labelled: Wash out
container thoroughly/empty washings into spray tank/and dispose of
safely/dispose of as follows: . . . (specify).
|
|
FS 55
|
All non-washable containers should be labelled:
Empty/and return used/ container (completely) and dispose of
safely/dispose of as follows: . . . (specify)/in a safe way.
|
|
|
or
|
|
|
Return empty container as instructed by supplier.
|
|
FS 56
|
Handle with care and mix only in closed container.
|
|
FS 57
|
Keep off skin/away from eyes.
|
|
FS 58
|
Avoid contaminating food.
|
|
FS 59
|
Open containers outdoors. (Protect from contact with
moisture and keep away from burning or glowing material.
|
|
FS 60
|
Apply solutions from unbreakable containers carrying a
pouring tube or similar device.
|
|
FS 61
|
Air/ventilate animal feed for at least . . . hours
following fumigation.
|
|
FS 62
|
Keep animals/birds/out of premises where grain is under
fumigation or being aired/ ventilated following fumigation.
|
|
FS 63
|
Remove excess dust and air treated fabrics thoroughly
before use.
|
|
FS 64
|
Search for and burn/bury all rodent bodies. Do not
place in refuse bins or on rubbish tips.
|
|
FS 65
|
Spray only into the air/onto surfaces.
|
|
FS 66
|
Do not handle treated fabrics until dry and air
thoroughly before use.
|
|
FS 67
|
Avoid skin contact with/do not wear/freshly treated
clothing.
|
|
FS 68
|
Do not use on beehives/beekeeping equipment.
|
|
FS 69
|
Avoid (direct) contact with plant life/leaves of
growing plants (until solvent has evaporated).
|
|
FS 70
|
Dispose of contaminated material safely by a method
approved by the Waste Disposal Authority.
|
|
FS 71
|
Sawdust from treated timber should be treated as
contaminated waste and disposed of safely.
|
|
FS 72
|
Medical Advice.
|
|
|
Situations will arise where it is either desirable or
necessary that medical advice additional to that provided in the context
of safety phrases S 26, S 44, S 45, and S 46 be provided on labels. In
such cases the following criteria apply:
|
|
|
|
|
|
|
|
|
|
Further Advice
|
Poisons Information Centre, Beaumont Hospital, Dublin
9. Telephone: 01-8379964 and 01-8379966.
|
|
Organophosphorous pesticides.
|
|
Symptoms
|
These may include sweating, headache, weakness,
faintness and giddiness, nausea, stomach pains, vomiting, small pupils,
blurred vision, muscle twitching.
|
|
First Aid
|
If any of the above symptoms occur, particularly if
there is known contamination; stop work; remove contaminated clothing;
wash exposed skin and hair; prevent all exertion; and call doctor at once
and show him the label.
|
|
Guide to Doctor.
|
|
Specific treatment
|
1. Where signs and symptoms are present and as early
as possible, inject treatment atropine sulphate 2 mg or pro rata for
children and repeat (if necessary) until fully atropinised.
|
|
|
2. If available administer pralidoxine
1g by intra-muscular injection. Repeat after 3-4 hours.
|
|
Other measures
|
1. Keep airway clear.
|
|
|
2. Watch respiration — intubation
with endotracheal tube, or tracheotomy may be
necessary in conjunction with artificial ventilation.
|
|
|
3. Put patient at complete rest in hospital for 24
hours at least.
|
|
Confirmation Estimate cholinesterase activity (5 ml
blood unhaemolysed, of Diagnosis collected in an
anticoagulant).
|
|
Dinitro pesticides.
|
|
Symptoms
|
These may include fatigue, excessive and unusual
sweating and thirst, with sleeplessness and loss of weight in protracted
cases. In severe cases there may be rapidly increasing anxiety and
restlessness with an increase in respiration and heart rate.
|
|
First Aid
|
If any of the above symptoms occur, particularly if
there is known contamination; stop work; remove contaminated clothing;
wash thoroughly; keep person at rest in the coolest available place;
sponge skin with cold water and give cold water to drink; and call doctor
at once and show him the label.
|
|
Guide to Doctor.
|
|
Treatment
|
1. Treat suspected cases of poisoning by vigorous
cooling, giving abundant fluids and oxygen for dyspnoea.
|
|
|
2. Do not give morphine or barbiturates.
|
|
|
3. If swallowed, wash out stomach and give activated
charcoal.
|
|
Diagnosis
|
Estimate blood DNOC/Dinoseb (DNBP) concentration (5 ml blood collected in an
anticoagulant).
|
|
Carbamate pesticides.
|
|
Symptoms
|
These include excessive sweating, headache, weakness,
faintness and giddiness, nausea, stomach pains, vomiting, small pupils,
blurred vision, muscle twitching.
|
|
First Aid
|
If any of the above symptoms occur, particularly if
there is known contamination; stop work; remove contaminated clothing;
wash exposed skin and hair; prevent all exertion; call doctor at once and
show him the label.
|
|
Guide to Doctor.
|
|
Specific treatment
|
1. Where signs and symptoms are present and as early
as possible inject atropine sulphate 3 mg or pro rata for children and
repeat if necessary until fully atropinised.
|
|
|
2. Do not use pralidoxine.
|
|
Other measures
|
1. Keep airway clear.
|
|
|
2. Watch respiration — intubation
with endotracheal tube or tracheotomy may be
necessary in conjunction with artificial ventilation.
|
|
|
3. Put patient at complete rest in hospital for 24
hours at least.
|
|
Bipyridyl pesticides.
|
|
Symptoms
|
Following ingestion, nausea, vomiting, abdominal pain
and diarrhoea (often bloody) may occur within a few hours and result in
severe fluid and electrolyte disturbance. In severe cases, circulatory
collapse and coma may occur. The concentrate may cause irritation to skin
and eyes.
|
|
First Aid
|
Wash concentrate or spray from skin immediately; wash
eye splashes with water for 10 to 15 minutes and seek medical attention;
if swallowed, induce vomiting, if not already occurring and take patient
to hospital immediately.
|
|
Guide to Doctor.
|
|
Specific treatment
|
1. Give stomach washout and at the same time test
urine and gastric aspirate for the presence of paraquat
or diquat.
|
|
|
2. If the test is positive, purge the gastrointestinal
tract immediately with up to one litre of a 15 per cent suspension of
Fuller's Earth and 200 ml of 20 per cent mannitol
in water.
|
|
|
3. Give a sodium or magnesium sulphate purgative
separately.
|
|
|
4. Contact the Poisons Information Centre for further
advice on treatment.
|
|
Test-quick qualitative
|
Paraquat and diquat can be detected by reduction to blue or green
radical ion with sodium dithionite under alkaline conditions.
|
|
|
Quick test capsules can be prepared by mixing the
following materials:
|
|
|
Sodium dithionite (hydrosulphite)
|
10g
|
|
|
pH buffer powder
|
6g
|
|
|
Sodium bicarbonate
|
25g
|
|
|
The reagents, thoroughly mixed, and packed in 1g
amounts in gelatin capsules (gauge 0) can be
stored at room temperature in a screw-capped container for at least six
months. The test is performed by breaking open the capsule and tipping the
contents into 10ml of urine, and shaking gently until dissolved. A green
or blue colour indicates the presence of paraquat
or diquat.
|
|
|
|
|
ANNEX VIII.
|
|
|
|
(Annex II to
Council Directive 78/631/EEC as amended by Council Directive 81/187/EEC and
adapted by Commission Directive 84/291/EEC).
|
|
|
|
CLASSIFICATION
BY CALCULATION OF PESTICIDES CONTAINING MORE THAN ONE ACTIVE SUBSTANCE.
|
|
|
|
1. For the purpose of applying the method of calculation for the
classification of pesticides which contain more than one active substance,
the dangerous substances used in their preparation are divided into
categories and sub-categories in accordance with the list in point 5.
|
|
|
|
2. The following formula shall be used for the classification of a
pesticide:
|
|
|
|
|
|
|
|
Where:
|
|
|
|
P = the percentage by weight of each dangerous substance present in the
pesticide;
|
|
|
|
I = the distinguishing index of the sub-category to which each
substance belongs. It is assigned for every percentage unit of the substance
in question present in the pesticide.
|
|
|
|
In particular, I breaks down into the following:
|
|
|
|
I1: for classifying solid pesticides as toxic or harmful;
|
|
|
|
I2: for classifying liquid or gaseous pesticides as toxic or
harmful.
|
|
|
|
The values of the indices I1 and I2 are given
in the table below:
|
|
|
|
Table of
Classification Indices.
|
|
|
|
|
|
|
|
|
Category to
which the substance belongs
|
Pesticide
classification indices
|
|
|
Solid
|
Liquid or
gaseous
|
|
|
I1 (=
conc.%)
|
I2 (=
conc.%)
|
|
Category I
|
|
|
|
I/a
|
500 (= 1%)
|
500 (= 1%)
|
|
I/b
|
100 (= 5%)
|
125 (=4%)
|
|
I/c
|
15 =( 33%)
|
25 (= 20%)
|
|
Category II
|
|
|
|
11/a
|
5 (= 100%)
|
10 (= 50%)
|
|
II/b
|
2 (= 100%)
|
4 (= 100%)
|
|
II/c
|
1 (= 100%)
|
2 (= 100%)
|
|
II/d
|
0.5 (= 100%)
|
1 (= 100%)
|
|
|
|
|
|
|
|
|
3. Pesticides containing one or more of the substances listed in point 5
are regarded as toxic if the sum of the products obtained by multiplying the
percentage by weight P of the various substances present in the pesticide by
the respective indices I1 of I2 is greater than 500, i.e.:
|
|
|
|
—for solid pesticides: 
|
|
|
|
—for liquid or gaseous pesticides: 
|
|
|
|
4. Pesticides containing one or more of the substances listed in point 5
are regarded as harmful if the sum of the products referred to in point 3 is
500 or less, but greater than 25 for solid pesticides, or 500 or less, but
greater than 40 for liquid or gaseous pesticides, i.e.:
|
|
|
|
—for solid pesticides: 
|
|
|
|
—for liquid or gaseous pesticides: 
|
|
|
|
When the result of this calculation is 25 or less for a solid pesticide,
or 40 or less for a liquid or gaseous one, the pesticide is not classified.
|
|
|
|
5. List of active substances, divided into classes and subclasses.
|
|
|
|
The substances bearing the indication (NT) cannot be transferred into
other classes.
|
|
|
|
CLASS I/a.
|
|
|
|
|
|
|
|
|
No. in Directive
67/548/EEC
|
Nomenclature
according to Directive 67/548/EEC
|
|
006-008-00-0
|
Antu
|
(NT)
|
|
015-056-00-1
|
Azinphos-ethyl
|
|
|
015-039-00-9
|
Azinphos-methyl
|
|
|
006-029-00-5
|
Dioxacarb
|
|
|
006-026-00-9
|
Carbofuran
|
|
|
015-071-00-3
|
Chlorfenvinphos
|
|
|
606-014-00-9
|
Chlorophacinone
|
(NT)
|
|
015-038-00-3
|
Coumaphos
|
|
|
607-059-00-7
|
Coumatetralyl
|
|
|
613-004-00-8
|
Crimidine
|
(NT)
|
|
015-070-00-8
|
Cyanthoate
|
(NT)
|
|
|
Cycloheximide
|
(NT)
|
|
015-028-00-9
|
Demeton-O
|
(NT)
|
|
015-029-00-4
|
Demeton-S
|
(NT)
|
|
015-088-00-6
|
Dialifos
|
(NT)
|
|
015-073-00-4
|
Dicrotophos
|
|
|
015-061-00-9
|
Dimefox
|
(NT)
|
|
015-063-00-X
|
Dioxathion
|
|
|
609-020-00-X
|
DNOC
|
|
|
015-060-00-3
|
Disulfoton
|
(NT)
|
|
602-051-00-X
|
Endrin
|
|
|
015-036-00-2
|
EPN
|
|
|
|
Ethoprophos
|
|
|
015-090-00-7
|
Fensulfothion
|
(NT)
|
|
607-078-00-0
|
Fluenetil
|
(NT)
|
|
616-002-00-5
|
Fluoroacetamide
|
|
|
015-091-00-2
|
Fonofos
|
|
|
602-053-00-0
|
Isobenzan
|
(NT)
|
|
006-009-00-6
|
Isolan
|
|
|
015-094-00-9
|
Mephosfolan
|
|
|
015-095-00-4
|
Methamidophos
|
|
|
015-069-00-2
|
Methidathion
|
|
|
|
Methomyl
|
|
|
|
Mevinphos
|
(NT)
|
|
015-072-00-9
|
Monocrotophos
|
|
|
614-001-00-4
|
Nicotine
|
|
|
650-004-00-7
|
Norbormide
|
(NT)
|
|
015-034-00-1
|
Parathion
|
(NT)
|
|
015-035-00-7
|
Parathion-methyl
|
(NT)
|
|
015-033-00-6
|
Phorate
|
(NT)
|
|
|
Phospholan
|
|
|
015-022-00-6
|
Phosphamidon
|
|
|
|
Promurit
|
(NT)
|
|
015-032-00-0
|
Prothoate
|
|
|
015-026-00-8
|
Schradan
|
|
|
614-003-00-5
|
Strychnine
|
|
|
015-027-00-3
|
Sulfotep
|
(NT)
|
|
015-025-00-2
|
TEPP
|
(NT)
|
|
|
Thionazin
|
(NT)
|
|
015-024-00-7
|
Triamiphos
|
|
|
015-098-00-0
|
Trichloronate
|
|
|
607-056-00-0
|
Warfarin
|
(NT)
|
|
602-049-00-9
|
Dieldrin
|
|
|
604-002-00-8
|
Pentachlorophenol
|
|
|
602-008-00-5
|
Tetrachloromethane
|
(NT)
|
|
602-002-00-3
|
Bromomethane
|
(NT)
|
|
006-003-00-3
|
Carbon disulphide
|
(NT)
|
|
015-004-00-8
|
Aluminium phosphide
|
(NT)
|
|
015-006-00-9
|
Zinc phosphide
|
(NT)
|
|
602-010-00-6
|
1,2-Dibromoethane
|
(NT)
|
|
603-023-00-X
|
Ethylene oxide
|
(NT)
|
|
|
|
|
|
|
|
|
CLASS I/b.
|
|
|
|
|
|
|
|
|
No. in Directive
67/548/EEC
|
Nomenclature
according to Directive 67/548/EEC
|
|
605-008-00-3
|
2-Propenal (Acrolein)
|
|
602-048-00-3
|
Aldrin
|
|
603-015-00-6
|
2-Propen-l-ol
|
|
006-018-00-5
|
Aminocarb
|
|
015-064-00-5
|
Bromophos-ethyl
|
|
|
Crotoxyphos
|
|
015-044-00-6
|
Carbophenothion
|
|
015-086-00-5
|
Coumithoate
|
|
015-031-00-5
|
Demeton-S-methyl
|
|
015-078-00-1
|
Demeton-S-methyl sulphone
|
|
015-019-00-X
|
Dichlorvos
|
|
006-040-00-5
|
Dimetilan
|
|
609-025-00-7
|
Dinoseb
|
|
609-026-00-2
|
Salts and esters of dinoseb
|
|
609-030-00-4
|
Dinoterb
|
|
609-031-00-X
|
Salts and esters of dinoterb
|
|
607-055-00-5
|
Endothal-sodium
|
|
015-049-00-3
|
Endothion
|
|
611-003-00-7
|
Fenaminosulf
|
|
015-045-00-1
|
Mecarbam
|
|
015-066-00-6
|
Omethoate
|
|
|
Heptachlor epoxide
|
|
006-023-00-2
|
Methiocarb
|
|
006-037-00-9
|
Promecarb
|
|
|
|
|
|
|
|
|
CLASS I/c.
|
|
|
|
|
|
|
|
|
No. in Directive
67/548/EEC
|
Nomenclature
according to Directive 67/548/EEC
|
|
608-006-00-0
|
Bromoxynil
|
|
602-044-00-1
|
Camphechlor
|
|
606-019-00-6
|
Chlordecone
|
|
015-085-00-X
|
Chlorphonium
|
|
015-084-00-4
|
Chlorpyrifos
|
|
613-013-00-7
|
Cyanazine
|
|
602-045-00-7
|
DDT
|
|
015-030-00-X
|
Demeton-O-methyl
|
|
602-021-00-6
|
1,2-Dibromo-3-chloropropane
|
|
006-010-00-1
|
Dimetan
|
|
006-028-00-X
|
Dinobuton
|
|
006-029-00-5
|
Dioxacarb
|
|
650-008-00-9
|
Drazoxolon
|
|
602-052-00-5
|
Endosulfan
|
|
015-047-00-2
|
Ethion
|
|
015-048-00-8
|
Fenthion
|
|
050-003-00-6
|
Fentin acetate
|
|
050-004-00-1
|
Fentin hydroxide
|
|
602-046-00-2
|
Heptachlor
|
|
608-007-00-6
|
Ioxynil
|
|
602-043-00-6
|
Lindane
|
|
615-002-00-2
|
Methyl isothiocyanate
|
|
015-099-00-6
|
Pirimiphos-ethyl
|
|
006-016-00-4
|
Propoxur
|
|
015-050-00-9
|
Thiometon
|
|
015-059-00-8
|
Vamidothion
|
|
|
|
|
CLASS II/a.
|
|
|
|
|
|
|
|
|
No. in Directive
67/548/EEC
|
Nomenclature
according to Directive 67/548/EEC
|
|
612-052-00-7
|
2-Aminobutane
|
|
006-011-00-7
|
Carbaryl
|
|
650-007-00-3
|
Chlordimeform
|
|
607-039-00-8
|
2, 4-D
|
|
006-019-00-0
|
Di-allate
|
|
015-068-00-7
|
Dichlofenthion
|
|
015-089-00-1
|
Ethoate-methyl
|
|
613-015-00-8
|
Fenazaflor
|
|
015-057-00-7
|
Formothion
|
|
607-079-00-6
|
Kelevan
|
|
080-003-00-1
|
Mercurous chloride
|
|
613-018-00-4
|
Morfamquat, and salts
|
|
006-014-00-3
|
Nabam
|
|
015-097-00-5
|
Phenthoate
|
|
015-101-00-5
|
Phosmet
|
|
015-040-00-4
|
Diazinon
|
|
|
loxynil octanoate
|
|
|
|
|
|
|
|
|
CLASS II/b.
|
|
|
|
|
|
|
|
|
No. in Directive
67/548/EEC
|
Nomenclature
according to Directive 67/548/EEC
|
|
015-080-00-2
|
Amidithion
|
|
602-047-00-8
|
Chlordane
|
|
607-074-00-9
|
Chlorfenac
|
|
015-087-00-0
|
Cyanophos
|
|
050-002-00-0
|
Cyhexatin
|
|
613-008-00-X
|
Dazomet
|
|
613-021-00-0
|
Dithianon
|
|
015-054-00-0
|
Fenitrothion
|
|
605-005-00-7
|
Metaldehyde
|
|
015-055-00-6
|
Naled
|
|
607-041-00-9
|
2, 4, 5-T
|
|
607-042-00-4
|
Salts and esters of 2, 4, 5-T
|
|
006-005-00-4
|
Thiram
|
|
015-021-00-0
|
Trichlorphon
|
|
609-024-00-1
|
Binapacryl
|
|
015-051-00-4
|
Dimethoate
|
|
|
|
|
|
|
|
|
CLASS II/c.
|
|
|
|
|
|
|
|
|
No. in Directive
67/548/EEC
|
Nomenclature
according to Directive 67/548/EEC
|
|
015-079-00-7
|
Acephate
|
|
006-025-00-3
|
Allethrin
|
|
616-004-00-6
|
Allidochlor
|
|
|
Barium carbonate
|
|
015-083-00-9
|
Bensulide
|
|
603-049-00-1
|
Chlorfenethol
|
|
616-005-00-1
|
Chlorthiamid
|
|
607-057-00-6
|
Coumachlor
|
|
015-074-00-X
|
Crufomate
|
|
607-083-00-8
|
2, 4-DB
|
|
602-012-00-7
|
1, 2-Dichloroethane
|
|
607-045-00-0
|
Dichlorprop
|
|
603-044-00-4
|
Dicofol
|
|
607-047-00-1
|
Fenoprop
|
|
|
Malathion containing more
than 1.8 per cent isomalathion
|
|
607-051-00-3
|
MCPA
|
|
706-052-00-9
|
Salts and esters of MCPA
|
|
607-053-00-4
|
MCPB
|
|
607-054-00-X
|
Salts and esters of MCPB
|
|
607-049-00-2
|
Mecoprop
|
|
006-038-00-4
|
Sulfallate
|
|
|
Molinate
|
|
613-020-00-5
|
Tridemorph
|
|
|
|
|
|
|
|
|
CLASS II/d.
|
|
|
|
|
|
|
|
|
No. in Directive
67/548/EEC
|
Nomenclature
according to Directive 67/548/EEC
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Alachlor
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613-010-00-0
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Ametryne
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006-020-00-6
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Barban
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613-012-00-1
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Bentazone
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006-036-00-3
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Benzthiazuron
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609-032-00-5
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Bromofenoxim
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Bromophos
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607-075-00-4
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Chlorfenprop-methyl
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613-007-00-4
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Desmetryne
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606-018-00-0
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Dichlone
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609-023-00-6
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Dinocap
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616-007-00-2
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Diphenamid
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607-076-00-X
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Dodine
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006-030-00-0
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EPTC
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607-077-00-5
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Erbon
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015-052-00-X
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Fenchlorphos
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613-017-00-9
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8-Hydroxyquinoline sulphate
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Hexachloroacetone
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006-032-00-1
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Monolinuron
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Monuron
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006-034-00-2
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Pebulate
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616-009-00-3
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Propanil
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Propargite
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2, 3, 6-TBA
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Trifenmorph
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006-039-00-X
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Triallate
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Malathion containing 1.8% iso-malathion or less
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006-012-00-2
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Ziram
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613-011-00-6
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Aminotriazole
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015-100-00-X
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Phoxim
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016-010-00-3
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Sodium polysulphides(1)
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016-007-00-7
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Patassium polysulphides(1)
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016-008-00-2
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Ammonium polysulphides(1)
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016-005-00-6
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Calcium polysulphides(1)
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016-003-00-5
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Barium polysulphides(1)
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616-006-00-7
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Dichlofluanid(1)
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(1)Conventional LD50 and LC50 values
have not been given to these substances because of their corrosive/irritant
properties.
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ANNEX IX.
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(Annex IX to
Council Directive 67/548/EEC as amended by the Directive of 1992 and adapted
by Commission Directive No. 9¼10/EEC).
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PROVISIONS RELATING TO CHILD-PROOF FASTENINGS.
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1. Reclosable packages.
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Child-proof fastenings used on reclosable
packages shall comply with ISO Standard 8317 (1 July 1989 edition) relating
to 'Child-resistant packages — Requirements and methods of testing for reclosable packages' adopted by the International
Standard Organization (ISO).
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2. Non-reclosable packages.
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(pro memoria).
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3. Notes.
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1. Evidence of conformity with the above standard may be certified
only by laboratories which conform with European Standards Series EN 45000.
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2. Specific cases.
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If it seems obvious that packaging is sufficiently safe for children
because they cannot get access to the contents without the help of a tool,
the test doesn't need to be performed.
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In all other cases and when there are sufficient grounds for
doubting the security of the closure for a child, the national authority may
ask the person responsible for putting the product on the market to give him
a certificate from a test house described below, that either:
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—the type of closure is such that it is not necessary to test to the
ISO standard referred to above, or
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—the closure has been tested and has been found to conform with the
standard referred to above.
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SECOND
SCHEDULE.
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Regulation 12 (6) (d)
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CERTIFICATE OF
RESULT OF ANALYSIS.
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Laboratory Reference
Number........................................
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Sample of
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............................................................ ............................................................ ........
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received by the designated chemist on
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from
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............................................................ ............................................................ ..................
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Methods of analysis used
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............................................................ ..........................................
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............................................................ ............................................................ ...............................
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............................................................ ............................................................ ...............................
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This is to certify that the above mentioned sample,
which was duly fastened and sealed, has been analyzed under the provisions
of the European Communities (Classification, Packaging and Labelling of
Pesticides) Regulations, 1994 ( S.I. No. 138 of 1994 ) and that the
results of the analysis are as follows:—
............................................................ ............................................................ .....................................
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............................................................ ............................................................ .....................................
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............................................................ ............................................................ .....................................
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............................................................ ............................................................ .....................................
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............................................................ ............................................................ .....................................
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............................................................ ............................................................ .....................................
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This certificate is issued under the European Communities
(Classification, Packaging and Labelling of Pesticides) Regulations, 1994 ( S.I.
No. 138 of 1994 ).
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Date.....................................................
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Signed..........................................................
Designated Chemist.
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THIRD
SCHEDULE.
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Regulation 12 (6) (d)
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CERTIFICATE OF
RESULT OF ANALYSIS.
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Laboratory Reference
Number..............................................
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Sample of
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............................................................ ............................................................ ...............
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taken at the premises
of.......................................................
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on.....................................................
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temperature and place of storage
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Date............................................................ .
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Signed............................................................ ..
Authorized Officer
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received by the State Chemist on
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from
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Methods of analysis used
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............................................................ ............................................................ .......................................
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............................................................ ............................................................ .......................................
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This is to certify that the above mentioned sample,
which was duly fastened and sealed, has been analyzed under the provisions
of the European Communities (Classification, Packaging and Labelling of
Pesticides) Regulations, 1994 ( S.I. No. 138 of 1994 ) and that the
results of the analysis are as follows:—
............................................................ ............................................................ ......................................
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............................................................ ............................................................ ......................................
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............................................................ ............................................................ ......................................
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............................................................ ............................................................ ......................................
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............................................................ ............................................................ ......................................
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............................................................ ............................................................ ......................................
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This certificate is issued under the European Communities
(Classification, Packaging and Labelling of Pesticides) Regulations, 1994 ( S.I.
No. 138 of 1994 ).
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Date............................................................ ...
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Signed............................................................ ..........State
............................................................ .
State Chemist.
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FOURTH
SCHEDULE.
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Regulation 18
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PART I.
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Fees for
clearance of pesticides.
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A. Each active substance contained in the pesticide.
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Column (1)
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Column (2)
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Type of
clearance and fee payable.
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Category
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Trial
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Limited
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Provisional
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Restricted or
Commercial
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£
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£
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£
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£
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I
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150
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1,500
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3,000
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3,500
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B. Each preparation.
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Column (1)
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Column (2)
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Type of
clearance and fee payable.
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Category
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Trial
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Limited
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Provisional
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Restricted or
Commercial
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£
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£
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£
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£
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I
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100
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300
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750
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1,250
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II
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100
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300
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750
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1,250
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III
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75
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150
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300
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500
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In this Schedule—
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"Category I"
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means a pesticide containing one or more active
ingredients of particular specification not previously cleared and for
which approval of classification, packaging and labelling in accordance
with Regulation 4 is sought;
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"Category II"
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means a pesticide for which clearance and approval of
classification, packaging and labelling in accordance with Regulation 4,
for a major new area of use or a major formulation change, is sought;
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"Category III"
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means a pesticide for which clearance and approval of
classification, packaging and labelling in accordance with Regulation 4,
for a minor extension in use or a minor formulation changes, is sought;
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"Commercial clearance"
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means clearance for commercial sale and use of a
pesticide;
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"Limited clearance"
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means clearance for commercial sale and use of a
pesticide, in limited quantities or for a limited period or both, subject
to specified restrictions or conditions;
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"Provisional clearance"
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means clearance for commercial sale and use of a
pesticide, sometimes for a limited period, subject to specified
restrictions or conditions;
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"Restricted clearance"
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means clearance for commercial sale and use of a
pesticide subject to restriction(s) imposed by other statutory provisions
or subject to special restrictions;
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"Trial clearance"
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means clearance for experimental use of a pesticide
subject to specified restrictions or conditions.
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PART 2.
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Type of
Clearance
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Amount
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Annual Fee for a Limited, Provisional, Commercial, or
Restricted Clearance
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£100
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Trial Clearance
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£50
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PART 3.
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Type of
Clearance
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Amount
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Late Annual Renewal fee for a Limited, Provisional,
Commercial, or Restricted Clearance
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£150
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GIVEN under my
Official Seal, this 12th day of May, 1994.
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JOE WALSH,
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Minister for Agriculture, Food and
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Forestry.
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EXPLANATORY
NOTE.
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These Regulations prescribe classification, packaging and labelling
conditions which must be complied with in relation to the placing on the
market of pesticides, and specify the terms under which clearance for
placing on the market is granted, in accordance with Council Directive
78/631/EEC and amending Directives.
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In particular, these Regulations serve to consolidate the provisions of
European Communities (Classification, Packaging and Labelling of Pesticides)
Regulations, 1985 to 1992 ( S.I. No. 370 of 1985 ; S.I. No. 207 of 1987; S.I.
No. 149 of 1989 ; S.I. No. 88 of 1991; and S.I. No. 416 of 1992 ), which are
revoked. They expand the definition of the term "pesticides" as
prescribed in the Directives; and introduce a revised scale of fees for the
approval of documentation submitted in support of applications for clearance
to market pesticides.
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