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The Government gazetted today (January 25) the Pesticides (Amendment) Bill 2013. The Bill seeks to amend the Pesticides Ordinance in order to comply with the requirements of the Stockholm Convention on Persistent Organic Pollutants and the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade in respect of the regulation of pesticides. The Government is also taking the opportunity to update certain provisions of the Ordinance in relation to the regulation of pesticides.
Both Conventions aim at protecting human health and the environment from the harm caused by persistent organic pollutants and hazardous chemicals (including pesticides). The People's Republic of China is signatory to both Conventions. The Central People's Government has applied both Conventions to the Hong Kong Special Administrative Region.
A spokesman for the Food and Health Bureau said, "Currently, all pesticides covered by both Conventions are unregistered pesticides in Hong Kong, and are subject to the permit control under the Ordinance. In order to comply with the requirements of the two Conventions in respect of export and use of the relevant pesticides, we propose to amend the Ordinance so that the export or use of pesticides covered by the two Conventions will also require a permit issued by the Director of Agriculture, Fisheries and Conservation (DAFC)."
Both Conventions do not apply to chemicals in quantities not likely to affect human health or the environment which are used for laboratory research, chemical analysis or as a reference standard.
"In line with the spirit of the two Conventions, the Bill proposes that any person importing, manufacturing, selling, supplying, in possession of, using or exporting any scheduled pesticide not exceeding 10g or 10ml that is contained in an individual package or container, and is used or intended to be used indoors for laboratory research, chemical analysis or as a reference standard would be exempted from the permit requirement.
"The Government also proposes to exclude from the scope of the Bill all registered or unregistered pesticides not controlled by the two Conventions not exceeding 10g or 10ml that is contained in an individual package or container, and is used or intended to be used indoors for laboratory research, chemical analysis or as a reference standard," the spokesman said.
Meanwhile, the Government proposes to update certain provisions of the Ordinance related to regulation of pesticides, which include:
(a) Providing that appeals against certain decisions of DAFC under the Ordinance be made to the Administrative Appeals Board established under the Administrative Appeals Board Ordinance (Cap. 442) instead of the Chief Executive. This would place the appeal hearing function with an independent and impartial body;
(b) Confining the existing power of warrantless entry for routine inspection of any premises by authorised officers under the Ordinance to:
(i) any premises or place (whether domestic or not), the address of which is stated in an application for a licence or permit under the Pesticides Regulations; or
(ii) any other non-domestic premises or place; and
(c) Removing the ribbing requirement of pesticide containers to alleviate unnecessary burden on traders.
The Government has consulted the Legislative Council Panel on Food Safety and Environmental Hygiene and also various trade associations on the legislative proposal. The trade associations consulted included holders of pesticide licences and permits, pest control companies, property management companies, horticulture and landscaping companies, laboratories, educational institutes, farmers, trade associations and green groups, etc. They all supported the proposal.
The Bill will be introduced into the Legislative Council on February 6.
Ends/Friday, January 25, 2013
Issued at HKT 15:01
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