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PESTICIDE REGISTRATION REGULATIONS*

ARRANGEMENT OF REGULATIONS

*Repealed by the Pesticide Registration Regulations 2005

REGULATION

1. Prohibition.

2. Application for the registration of pesticide.

3. Submission of application.

4. Issuance of certificate of registration.

5. Registration fee.

6. Validity of approval.

7. Invalidation of certificate of registration.

8. Offences and penalty.

9. Interpretation.

10. Citation.

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PESTICIDE REGISTRATION REGULATIONS [1993 No. 15. S.1. 10 of 1996.]

[2nd January, 1996]

[Commencement. ]

1. Prohibition

As from the commencement of these Regulations-

(i) no pesticide shall be manufactured, formulated, imported, exported, advertised, sold or distributed in Nigeria unless it has been registered in accordance with the provisions of these Regulations;

(ii) notwithstanding the provisions of subsection (1) of this regulation the manufacture, formulation or importation of any pesticide as sample for registration shall be undertaken with the approval of the Agency.

2. Application for the registration of pesticide

(1) No person shall submit application for the registration of any pesticide unless such pesticide was manufactured or formulated in an establishment acceptable and approved by the Agency.

(2) The application for pesticide registration shall be made on a prescribed application form obtainable from the Agency.

(3) Each application form for the registration shall be accompanied by a non-refundable fee as prescribed in the current tariff of the Agency.

3. Submission of application

(a) The completed application form shall be submitted with the following-

(i) adequate samples of the pesticide product as determined by the Agency;

(ii) original certificate of analysis of the pesticide product;

(iii) certificate of manufacture and free sale of pesticide product if imported from the statutory body responsible for the safety of the product in the country of origin;

(iv) radio-active test certificate where demanded by the Agency;

(v) power of attorney or an agreement from the manufacturer to register the pesticide product in Nigeria if it is an imported pesticide;

(vi) an undertaking in writing that every advertisement of the pesticide shall be submitted to the Agency for approval before publication;

(vii) specimen labels of the pesticide product;

(viii) evidence for any special labelling claims on the character, quality and safety of the pesticide product.

(b) Product chemistry-

An application submitted to the Agency shall state-

(i) the product composition, normal concentration, physical and chemical characteristics; and

(ii) standard laboratory analytical methods for each active ingredient, impurity or inert ingredient that is toxicologically significant.

(c) Other studies-

The study conducted in respect of pesticide product shall include-

(i) environmental fate;

(ii) degradation;

(iii) metabolism of plant and animals;

(iv) mobility, that is, the stability thereof;

(v) accumulation;

(vi) hazards to human or domestic animals;

(vii) toxicity whether by oral, dermal and or inhalation;

(viii) teratogenicity or reproductive studies;

(ix) mutagenicity;

(x) hazard to non-target organisms including birds and fishes;

(xi) product performance including efficacy trials in Nigeria.

(d) Residue level-

Company should state the residue level for the pesticide in all its intended usage in the country. This will be compared with the tolerance level as may be determined by the Agency.

(e) Use of the pesticide product-

(i) dosage and direction for use;

(ii) fields of application;

(iii) methods of application.

(f) Storage conditions.

(g) Method of disposal of containers.

(h) Precautions including first-aid.

(i) Note to physician.

4. Issuance of certificate of registration

(1) Where the Agency is satisfied with the submissions in respect of the pesticide, the product shall be issued with a registration certificate.

(2) Where the submissions are unsatisfactory, the applicant shall be informed with reasons in writing.

5. Registration fee

The applicant shall pay a registration fee as may from time to time be prescribed in the approved tariff of the Agency.

6. Validity of approval

The registration of any pesticide product shall be valid for a period of five years.

7. Invalidation of certificate of registration

The Agency may suspend, withdraw or cancel the certificate of registration if-

(a) the grounds on which the pesticide product was registered were later found to be false or incomplete; or

(b) the circumstances under which the pesticide product was registered no longer exist; or

(c) any of the conditions or undertaking under which the pesticide product was registered has been contravened; or

(d) the standard of quality, safety or efficacy as prescribed in the documentation for registration are not being complied with; or

(e) the premises in which the pesticide product is imported, processed, manufactured, formulated or stored by or on behalf of the holder of the certificate of registration are unsuitable for the importation, processing, manufacturing, formulation or storage of the pesticide product.

8. Offences and penalty

If any person makes default in complying with the requirements of these Regulations, the Agency may prohibit that person from carrying on the importation, exportation, manufacture, distribution, sale or use of the pesticide either absolutely or for such time the Agency declares, in addition to a fine of N100,000.00.

9. Interpretation

For the purposes of these Regulations, unless the context otherwise requires-

“Agency” means the National Agency for Food and Drug Administration and Control;

“Director-General” means the Director-General of the Agency;

“growth regulator” means any substance or mixture of substances intended through physiological action for accelerating or retarding the growth and development of organisms.

“pest” means any insect, rodent, nematode, fungus, weed or any other form of plant or animal or virus or bacteria or other micro-organisms which the Director-General declares to be a pest;

“pesticide” means any chemical substance or mixture of substances intended for preventing, destroying, repelling or mitigating the effect of any pest of plants and animal and shall include herbicides insecticides, rodenticides, fungicides, molluscides, nematocides, repellants, attractants, insect growth regulators used in agriculture, public health, horticulture, food storage or a chemical substance used for similar purpose;

“residue” means the amount of pesticides that may remain in or on food, animal feed and the environment;

“tolerance level” means the maximum permissible amount of pesticides that may remain in or on food and animal feed.

10. Citation

These Regulations may be cited as the Pesticide Registration Regulations.

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