Pesticide Registration and Control

SCOPE

Pesticide Control is framed under the Pesticides Ordinance, Cap.133. It was introduced in February 1991 to regulate the import, manufacture, formulation, distribution, sale and supply of all pesticides in Hong Kong. Under the Ordinance, the term pesticide is taken to cover all insecticides, fungicides, herbicides, nematocides, acaricides, molluscicides, algaecides, plant growth regulators, defoliants and/or desiccants which prevent, destroy, repel, attract, inhibit and/or control pests. They range from agricultural insecticides, professional pest control chemicals and antifouling paints to home use moth balls, rat poison, mosquito coils, etc. However, they do not include mechanical pest control devices and any pharmaceutical preparations containing "pesticide" ingredients used for the treatment of human and animal diseases e.g. insecticide shampoo and insect repellent applied to skin. Such items are exempt from control under the Ordinance.

Control is effected through:

• registration of active ingredients and control of inert ingredients;

• licensing of pesticide traders;

• requirement for a permit to deal with unregistered pesticides; and

• minimum requirements for labeling and bottling of pesticides.

REGISTRATION

Only pesticides that have been registered in Hong Kong may be freely distributed and used in Hong Kong. Under the Pesticides Register, maintained by the Director of Agriculture, Fisheries and Conservation, details of registered pesticides, including the active ingredient(s), concentration limit and permitted formulations, are entered. Individual products do not have to be registered as long as they contain the registered active ingredient and conform to the specified maximum concentration of active ingredient(s) and permitted formulation detailed in the register. The pesticide register is in two parts. Pesticides registered in Part I are ready-for-use domestic pesticides and those in Part II are all other pesticides. Application form and guidelines can be downloaded here.

CONTROL OF INERT INGREDIENTS

The Pesticides Ordinance empowers the Director of Agriculture, Fisheries and Conservation to prohibit or regulate the use of certain inert ingredients designated to be of toxicological concern. A list of such inert ingredients will be published in the Gazette when officially designated to be of toxicological concern. No person may manufacture, import, supply or retail any pesticide containing a prohibited or regulated inert ingredient unless he/she has already been granted approval by the Director.

PESTICIDE LICENCES

No person may manufacture, import, supply or retail registered pesticides unless he/she is in possession of a valid licence. Licences are renewable annually. Licences are usually issued to cover all registered pesticides on the Part I register or on both Part I and II registers. All registered pesticides should only be stored in approved premises as stated in the licence. A Safety Guidelines for Storage of Pesticides can be obtained from this Department.

PESTICIDE PERMITS

No person may manufacture, import, supply, retail, be in possession of, or use unregistered pesticides unless he/she is in possession of a valid permit. Permits are issued for specific chemicals, are valid for 6 months and can be extended for further 6-month periods as the Director thinks fit.

LABELLING AND BOTTLING OF PESTICIDES

Minimum requirements for the labelling and bottling of pesticides are prescribed in the Pesticide Regulations. The requirements are set to safeguard pesticide users, the general public and the environment. A Guide to Labelling of Pesticides with supplement (PDF format) can be obtained from this Department.

IMPORT AND EXPORT OF PESTICIDES

As stated above, registered pesticides may only be imported by a holder of a pesticides licence and unregistered pesticides may only be imported or possessed by a holder of a pesticides permit issued in respect of that pesticide. In addition, each shipment of registered or unregistered pesticides entering/leaving Hong Kong must also be covered by an import/export licence issued under the Import and Export Ordinance Cap. 60. All such licences, with the exception of those covering Methyl bromide, are issued by this Department under delegation from the Trade & Industry Department. Import/export licences for Methyl bromide are issued directly by the Trade & Industry Department.

EXEMPTIONS

If a pesticide imported is consigned on a through bill of lading from Hong Kong to another place outside Hong Kong, a Pesticide Licence is not necessary but the Import and Export Licence are still required. Such pesticides, after being shipped into Hong Kong, must be stored in a public godown until leaving Hong Kong. Moreover, licencing requirements under Cap. 60 for pesticides undergoing transhipment on a through air waybill have been waived since May 2000.

If a pesticide is in transit, that is, passing through Hong Kong on the same ship, aircraft or vehicle without transhipment, a Pesticide Licence and Import/ Export Licence are exempted.

FURTHER ENQUIRIES

All guidelines and application forms mentioned in this summary and fee list (PDF format) are available from the Plant and Pesticides Regulatory Division, 5/F., Cheung Sha Wan Government Offices, 303 Cheung Sha Wan Road, Kowloon. Enquiries: by phone (852) 2150 7009 or fax (852) 2314 2622.

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