Pesticides control law to be overhauled

The Pesticides Control Authority, PCA, is seeking the overhaul of current legislation governing the use of substances, including herbicides and insecticides, the main objective being measures that are prohibitive enough to deter illegal operators.

“The law is so old,” declared PCA Registrar Tamara Morrison, referring to the Pesticides Act which dates back nearly half a century to 1975. “We are currently working on amendments for updates on penalties,” she said.

The PCA regulates and controls the usage of pesticides in Jamaica, and is responsible for the licensing of traders and pest control service providers.

The importation of the chemicals also requires a permit.

The licensing fees, which start at $4,000 for a three-year period, are small but some operators launch into business without seeking the permit.

“Our main problem is people opening farm stores and selling pesticides and repackaging. Persons who wish to open farm stores also need to be registered and receive a licence,” said Morrison.

The authority is also doing a full revision of fees relating to store owners and applicators who use regulated substances, with a view to increasing the charges for recalcitrant sector operators.

Individuals are charged a fee of $7,000 for a three-year licence to open a store to sell pesticides, while, for applicators of pesticides, the charge is $4,000 for a three-year permit.

The penalties for breaches of the law range up to $40,000 in fines or no more than six months in prison.

“For operating without a valid licence, the fine is $30,000 or four months’ imprisonment,” Morrison said.

However, the authority has never taken a case to court, saying the cost to do so is prohibitive.

Pesticides are used locally for agriculture, offices, and homes, for the protection from insects, rodents, weeds, and other pests, but the PCA notes that it is essential to public health and welfare that they be regulated to prevent adverse effects.

Records to be kept by operators include: name of pesticide, type of formulation, amount applied, area covered, rate of dilution, date of application and address of site treated. All records must be kept for two years and provided, if a health emergency exists under PCA requirements.

It is unlawful for individuals to trade in or advertise restricted pesticides without first obtaining authorisation from the PCA.

Restricted pesticides should only be sold to certified or licensed persons, and the purchasers are expected to make and keep a record of each application of the acquired pesticide.

Records are also expected to be kept by certified applicators and sellers of pesticides. This allows for tracking of the local use and distribution of restricted pesticides in Jamaica.

In relation to pest control operators, as part of the licensing process, “We have to check if they have requisite insurance, storage rooms and adequate applicators,” the PCA registrar said.

Improper pesticide use, Morrison noted, leads to health challenges, including skin rashes, difficulty breathing, and other respiratory challenges. “The prolonged use of some categories of pesticides without proper equipment can lead to even cancer. It might not affect you today but, over time, it could,” she said.

The overhaul of the old law is at an early stage, with PCA officials in the process of drafting new requirements.

“It’s still in-house. The board has an enterprise committee headed by a lawyer,” the registrar said.

PCA operates as an independent body under the Ministry of Health and Wellness. Its resources are utilised for publication, education and running the office. The higher fees planned are expected to buttress its operational expenses.

avia.collinder@gleanerjm.com