Agricultural Chemicals (Control) Act

Section 1. Interpretation Section 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, plant products and by-products; “ analyst ” means a person appointed under section 8 ; “ bio-rationals ” means any potent plants, parts of plants or chemical extracts of plant origin; “ Board ” means the Agricultural Chemical Board established under section 4 ; “ Committee ” means the Agricultural Chemicals Technical Committee established under section 7 ; “ currency point ” has the value assigned to it in the Schedule to this Act; “ 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 th...

Section 10. Analytical laboratory Section The Ministry shall establish or accredit a suitable analytical laboratory for the purposes of this Act.

Section 11. Powers of inspectors Section 11(1) An inspector may for the purpose of performing any of his or her functions under this Act at all reasonable times— Section 11(1)(a) in which he or she reasonably believes an agricultural chemical to which this Act applies is stored, sold or used; Section 11(1)(b) examine any article, agricultural chemical found in any place, premises , vehicle or vessel or open any package found in the premises that he or she has reason to believe contains any agricultural chemical and take samples of it; Section 11(1)(c) require any person to produce for inspection or for obtaining copies of it or excerpts of it, any books, bills of lading, documents containing instructions; or other documents or papers concerning any matter relevant to the administration of this Act or any regulations made under this Act. Section 11(2) An inspector shall be furnished with an identity card on his or her appointment as an inspector and on entering any place, premises , vehicle or vessel referred to in subsection (1) shall, if so required, produce the identity card to the person in charge of the place, premises, vehicle or vessel. Section 11(3) The owner or the person i...

Section 12. Seizure and disposal ofagricultural chemicals Section 12(1) Where an inspector believes on reasonable grounds that this Act or any regulations made under this Act has or have been contravened, the inspector may seize and detain the agricultural chemicals by means of or in relation to which he or she believes the contravention was committed. Section 12(2) Any agricultural chemical seized and detained under subsection (1) shall not be detained after— Section 12(2)(a) such time not exceeding fourteen days as in the opinion of the inspector the provisions of this Act and the regulations made under it have been complied with; or Section 12(2)(b) the expiration of six months from the date of seizure, or such longer period as may be prescribed with respect to any agricultural chemical. Section 12(3) A court of law convicting any person for an offence under this Act or any regulations made under it may make such order as the court shall deem proper as to— Section 12(3)(a) the forfeiture or disposal of an agricultural chemical including re-export; Section 12(3)(b) the payment by the accused of all or any fees and other expenses incidental to the examination of an agricultural ch...

Section 13. Secrecy of information Section Any person who is or has been engaged in the enforcement of this Act or any regulations made under it who discloses, except for the purpose of the exercise of his or her functions or when required to do so by a court under any written law any information acquired by him or her in the exercise or purported exercise of his or her functions under this Act to any other person, commits an offence.

Section 14. Offences and penalties Section 14(1) Any person who contravenes sections 2 and 3 of this Act commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both. Section 14(2) Any person convicted of any offence under this Act, other than the offences referred to in subsection (1) , is liable to a fine not exceeding sixty currency points or to imprisonment for a term not exceeding two and a half years, or both. Section 14(3) Any person who tampers with certificates or alters or defaces reports, invoices, labels, certificates or any other document issued in relation to this Act commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both. Section 14(4) In any prosecution for an offence under this Act or any regulations made under this Act, it shall be a defence of the accused person to prove that the offence was committed without his or her knowledge or consent and that he or she exercised all due diligence to prevent its commission. Section 14(5) Any act or o...

Section 15. Consent of Director of Public Prosecutions Section No proceedings shall be instituted for the prosecution of an offence under this Act or any regulations made under this Act without the consent of the Director of Public Prosecutions.

Section 16. Certificate ofanalyst Section 16(1) Subject to this section, a certificate of an analyst stating that he or she examined a sample submitted to him or her by an inspector and stating the result of his or her examination, shall be admissible in evidence in proceedings under this Act or any regulations made under this Act, and shall be prima facie evidence of the facts contained in it. Section 16(2) The party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Section 16(3) A certificate shall not be received in evidence under subsection (1) , unless the party intending to produce it has, before the conclusion of the trial, given to the party against whom it is intended to be produced, reasonable notice of that intention together with a copy of the certificate.

Section 17. Regulations Section 17(1) The Minister may, in consultation with the Board , make regulations prescribing— Section 17(1)(a) for the purposes of this Act, the nomenclature, classes and kinds of pests and agricultural chemicals ; Section 17(1)(b) forms in which applications for registration shall be made and the information to be furnished in the forms; Section 17(1)(c) the format for the licences, permits, notices of appointment or other documents in relation to such licences or permits under this Act or any regulations made under this Act; Section 17(1)(d) the registration of agricultural chemicals , certified commercial applications, fumigators, distributors, dealers, stockists and places or premises in which agricultural chemicals are handled by manufacturers or dealers, prescribing fees and respecting the procedures to be followed for the review of cases involving the refusal, suspension or cancellation of the registration of any such agricultural chemical, fumigator, place or premises ; Section 17(1)(e) the form, composition and all other standards relating to the safe manufacture, storage, distribution, advertisement and use of agricultural chemicals including toxi...

Section 18. Disapplication of National Drug Policy and Authority Act Section The National Drug Policy and Authority Act shall not apply to agricultural chemicals .

Section 19. Power to amend Schedule Section The Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act.

Section 2. Control of manufacture ofagricultural chemicals Section 2(1) A person shall not 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. Section 2(2) A person shall not 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.

Section 3. Import, export and sale ofagricultural chemicals Section 3(1) A person shall not 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 the regulations. Section 3(2) A person shall not 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. Section 3(3) A person shall not 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.

Section 4. Establishment and composition ofBoard Section 4(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 . Section 4(2) The Board shall consist of— Section 4(2)(a) a chairperson appointed by the Minister ; Section 4(2)(b) the Commissioner responsible for crop protection; Section 4(3) In appointment of the members of the Board , gender consideration shall be taken into account. Section 4(4) The members of the Board , other than ex officio members, shall hold office for a period of three years but are eligible for re-appointment. Section 4(5) A person shall not qualify to be appointed as a Chairperson of the Board if that person holds a public office.

Section 5. Functions ofBoard Section 5(1) The functions of the Board shall be— Section 5(1)(a) to ensure that agricultural chemicals are duly registered and that such agricultural chemicals are used in a manner consistent with the labelling and in conformity with the regulations made under this Act; Section 5(1)(b) to advise the Minister on policy to regulate the quality and importation of agricultural chemicals into Uganda and the distribution of agricultural chemicals ; Section 5(1)(c) to consider applications for registration of agricultural chemicals manufacturers, of agricultural chemicals certified commercial applicators and fumigators, to issue licences, and make recommendations to the Minister ; for the purposes of this paragraph; Section 5(1)(d) to suspend, cancel or revoke a certificate of registration or licence issued under this Act or under any regulations made under this Act where any provision of this Act or any regulation made under it has been contravened; Section 5(1)(e) to advise the Minister on policies on the efficient, prudent and safe use, storage and disposal of agricultural chemicals by conducting public awareness campaigns to this effect when necessary; Se...

Section 6. Procedures ofBoard Section 6(1) The Board shall meet at least four times in each year and may meet at such times and places as it deems necessary for the transaction of its business. Section 6(2) The Chairperson shall preside at all meetings of the Board and in his or her absence, the Board shall elect one of its members to act as chairperson. Section 6(3) The person shall, when presiding at a meeting of the Board , have a casting vote in addition to his or her deliberative vote. Section 6(4) The quorum at any meeting of the Board shall be one-third of the voting members. Section 6(5) The Secretary shall cause details of all business transacted at a meeting of the Board to be entered into a minute book kept for that purpose and the minutes of the proceedings of the meeting shall be submitted for confirmation at a subsequent meeting of the Board and if passed correct shall be confirmed by the signatures of the Chairperson and Secretary and when so confirmed shall be prima facie evidence in all courts of law as an accurate record of the proceedings so recorded. Section 6(6) A member of the Board , other than an ex officio member , shall cease to be a member of the Board an...

Section 7. Agricultural Chemicals TechnicalCommittee Section 7(1) There shall be the Agricultural Chemicals Technical Committee in this Act referred to as the Committee to be appointed by the Board for purposes of advising the Board on the technicalities of agricultural chemicals for purposes of this Act and any regulations made under this Act. Section 7(2) The Committee shall consist of the following members— Section 7(2)(a) a chemist; Section 7(2)(b) an agronomist; Section 7(2)(c) a plant entomologist; Section 7(2)(d) a plant pathologist; Section 7(2)(e) a person responsible for extension services in the Ministry or his or her representative; Section 7(2)(f) an ecologist; Section 7(2)(g) an environment monitoring officer from the National Environment Management Authority; Section 7(2)(h) an officer from the Uganda Revenue Authority; Section 7(2)(i) standards officer from the Uganda National Bureau of Standards; Section 7(2)(j) the Commissioner for occupational safety and health in the Ministry responsible for labour or his or her representative; Section 7(2)(k) a wood utilisation specialist; Section 7(2)(l) the Registrar of the Agricultural Chemical Board who shall be the Secreta...

Section 8. Appointment of inspectors andanalystofagricultural chemicals Section 8(1) The Minister shall, on the advice of the Board , by notice in the Gazette , designate suitably qualified public officers to act as registrars, assistant registrars, inspectors and analysts of agricultural chemicals for purposes of this Act and any regulations made under this Act. Section 8(2) A person appointed under subsection (1) shall not, while holding that appointment, engage in any activity or business connected with or involving the manufacture, sale, importation or distribution of agricultural chemicals.

Section 9. Duties ofanalyst Section examining samples submitted to him or her by an inspector ; and