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AGRICULTURAL CHEMICALS (CONTROL) ACT.

ARRANGEMENT OF SECTIONS.

   Section.

   1.   Short title.

   2.   Interpretation.

   3.   Control of manufacture of agricultural chemicals.

   4.   Import, export and sale of agricultural chemicals.

   5.   Establishment and composition of the Board.

   6.   Function of the Board.

   7.   Procedures of the Board.

   8.   Establishment of the Agricultural Chemicals Technical Committee.

   9.   Appointment of inspectors and analyst of agricultural chemicals.

   10.   Duties of Analyst.

   11.   Analytical laboratory.

   12.   Powers of Inspectors.

   13.   Seizure and disposal of agricultural chemicals.

   14.   Secrecy of information.

   15.   Offences and penalties.

   16.   Consent of the Director of Public Prosecutions.

   17.   Certificate of Analyst.

   18.   Regulations.

   19.   Disapplication of certain law.

   20.   Repeal of Control of Agricultural Chemicals Act.

   21.   Amendment of Schedule.

      Schedule   Currency Point.

AGRICULTURAL CHEMICALS (CONTROL) ACT.

Commencement: 5 April, 2007.

   An Act to control and regulate the manufacture, storage, distribution and trade in, use, importation and exportation of agricultural chemicals and for other related matters.

1.   Short title.

   This Act may be cited as the Agricultural Chemicals (Control) Act, 2006.

2.   Interpretation.

   In this Act, unless the context otherwise requires—

   "agriculture" means the raising of plants or animals for economic use;

   "agricultural chemicals" includes plant protection chemicals, fungicides, insecticides, nematicides, herbicides, miticides, bactericides, rodenticides, molluscides, avicides, fertiliser, growth regulators, wood preservatives, bio-rationals, bio-pesticides, bio-fertilisers or any other chemicals used for promoting and protecting the health of plants, plants products and by products;

   "analyst" means a person appointed under section 9;

   "bio-rationals" means any potent plants, parts of plants or chemical extracts of plant origin;

   "Board" means the Agricultural Chemical Board established under section 5;

   "committee" means the Agricultural Chemicals Technical Committee established under section 8;

   "currency point" has the value assigned to it in the Schedule;

   "fumigant" means any agricultural chemical exhibiting toxicity in the vapour phase;

   "health approval" means a statement in writing by the Director General of Health Services or an officer appointed by him or her for the purpose, verifying that the application, use or distribution of specified agricultural chemicals is safe and that no life is in danger as a result of the application or use of the chemical;

   "importer" means a person who has been registered under this Act to import agricultural chemicals or their ingredients;

   "inspector" means a person appointed under section 8;

   "label" means any written, printed or graphic matter on or attached to any agricultural chemical or the immediate container of the agricultural chemical and the outside container or wrapper of the retail package of the agricultural chemical;

   "manufacturer" means a person who has been registered under this Act to manufacture agricultural chemicals or the ingredients of agricultural chemicals;

   "Minister" means the Minister responsible for agriculture;

   "Ministry" means the Ministry responsible for agriculture;

   "pest" means any form of plant or animal life or any pathogenic agent, other than a beneficial organism, capable of directly or indirectly injuring any plant material or beneficial organism, and includes weeds;

   "pesticide" means a chemical which, by virtue of its poisonous properties is used to kill pests in agriculture and forestry;

   "pesticide applicator" means a person who has the qualification in pesticide application and is registered as such;

   "pollution" has the meaning assigned to it under the National Environment Act;

   "premises" means premises as described in the regulations made under this Act;

   "protective clothing" means all clothing that is required to protect the user or dealer of agricultural chemicals or pesticides as specified in regulations made under this Act;

   "registered dealer" means a person who is qualified and registered to handle agricultural chemicals under this Act;

   "registered fumigator" means a person who has the prescribed qualification in handling fumigants and is registered as a fumigator or operator; and

   "safety" refers to the safety of human beings, livestock, game, birds, fish and other organisms and ground, water, air and general environment.

3.   Control of manufacture of agricultural chemicals.

   (1) No person shall manufacture, package, store, display, distribute, transport, possess, use or advertise any agricultural chemical except in accordance with regulations made under this Act and in accordance with the National Environment Act.

   (2) No person shall package, label or advertise any agricultural chemical in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quality, composition, merit or safety.

4.   Import, export and sale of agricultural chemicals.

   (1) No person shall import into or sell in Uganda any agricultural chemical unless that chemical has been registered, packed and labelled in accordance with regulations made under this Act and conforms to the standards specified in such regulations.

   (2) No person shall export or re-export out of Uganda any agricultural chemical unless he or she has complied with the requirements specified in regulations made under this Act.

   (3) No person shall sell in Uganda any agricultural chemical unless he or she is registered and has premises registered in accordance with the regulations made under this Act.

5.   Establishment and composition of the Board.

   (1) There is established a Board to be known as the Agricultural Chemicals Board, in this Act referred to as the Board appointed by the Minister.

   (2)—

   (a)   The Board shall consist of the following members—

      (i)   a Chairperson appointed by the Minister;

      (ii)   a representative of

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