A LAW to provide for the regulation
of pesticides and substances, preparations and organisms prepared or used for
the control of pests or for protection against pests
this Law, unless the context otherwise requires –
“approval” means the approval of a pesticide
pursuant to an Order of the Minister;
“creature” means any living organism other
than a human being or a plant;
“crops” includes any form of vegetable
“food” includes drink and articles and
substances used as ingredients in the preparation of food or drink;
“inspector” has the meaning assigned to it
by Article 8;
“Minister” means the
Minister for the Environment;
“pest” means –
(a) any organism harmful to plants or to wood or
other plant products;
(b) any undesired plant;
(c) any harmful creature;
“pesticide” means any substance, preparation
or organism prepared or used for destroying any pest;
“pesticide residue” means any substance
resulting from the use of a pesticide including, without prejudice to the
generality of this definition, any such derivative as may be prescribed in
relation to a particular pesticide;
“plants” means any form of vegetable matter
while it is growing and after it has been harvested, gathered, felled or
picked, and in particular, but without prejudice to the generality of this
definition, includes –
(a) agricultural crops;
(b) trees and bushes grown for purposes other
than those of agriculture;
(c) wild plants; and
“premises” includes any place and, in
particular, includes –
(a) any vehicle, vessel, aircraft or hovercraft;
(b) any offshore installation; and
(c) any tent or movable structure;
“prescribed” means prescribed by an Order
made by the Minister.
this Law, the expression the “specified
prohibitions”, in relation to pesticides, means prohibitions of
any of the following –
(b) sale, offer or exposure for sale or
possession for the purpose of sale;
(c) supply or offer to supply or possession for
the purpose of supply;
GENERAL PURPOSES AND
2 General purposes of the Law
The general purposes of this Law
protect human beings, creatures and plants from the harmful effects of
safeguard the environment against the harmful effects of pesticides;
secure safe, efficient and humane methods of controlling pests; and
make information about pesticides available to the public,
and references in this Law to the
general purposes of this Law are references to the purposes mentioned in this Article.
This Law applies to –
substance, preparation or organism prepared or used for any of the following
(i) protecting plants or wood or other
plant products from harmful organisms,
(ii) regulating the growth of plants,
(iii) giving protection against harmful creatures,
(iv) rendering such creatures harmless,
(v) controlling organisms with harmful or
unwanted effects on water systems, buildings, or other structures or on
(vi) protecting animals against ectoparasites,
as if it were a pesticide.
4 Control of pesticides
Minister may by Order –
(a) impose the specified prohibitions in
relation to pesticides of a description specified in the Order;
(b) provide for the approval of pesticides of
(c) provide for the imposition of conditions on
an approval when or after it is given;
(d) provide for –
review, revocation or suspension of an approval,
amendment of a condition imposed on an approval;
(e) direct that if there has been a breach, in
relation to any pesticide, of any of the specified prohibitions or of any
condition of approval of the pesticide, the Minister shall have
seize or dispose of it or to require that some other person shall dispose of
seize or dispose of anything treated with it or to require that some other person
shall dispose of any such thing,
require some other person to take such remedial action as appears to the
Minister to be necessary as a result of the contravention;
(f) provide that if any pesticide has been
imported into Jersey in contravention of any of the specified prohibitions or
of any condition of approval of the pesticide, the Minister may require that it
shall be removed out of Jersey;
(g) provide for the availability to the public,
subject to any condition that the Minister may consider appropriate, and to
payment of such fee for furnishing copies as the Minister considers to be
reasonable, of information supplied for the purposes of Article 6;
(h) specify the amount (if any) of pesticide or
pesticide residue which may be left in or on any crop, food or feeding stuff;
(i) direct that if there is more pesticide
or pesticide residue in or on any crop, food or feeding stuff than the amount
specified by virtue of sub-paragraph (h), the Minister shall have
seize or dispose of the crop, food or feeding stuff in question or to require
that some other person shall dispose of it,
direct some other person to take such remedial action as appears to the
Minister to be necessary as a result of the contravention;
(j) provide for the recovery by the
Minister of any expenses incurred by the Minister for the purpose of giving
effect to the provisions of sub-paragraph (e) or (i).
making provision under paragraph (1)(g) for the availability of
information to the public, the Minister shall have regard to the interests of
persons supplying information to which that provision would relate.
it appears to the Minister that an Order that he or she contemplates making
under this Article is likely to affect the health or safety of persons at work,
the Minister shall consult the Minister administering the Health and Safety at
Work (Jersey) Law 1989 about the Order.
person who without reasonable excuse, contravenes or causes or permits any
other person to contravene –
(a) any provision of, or requirement imposed by,
an Order made under this Article; or
(b) any condition of approval of a pesticide,
shall be guilty of an offence and
be liable to a fine.
5 Application for approval
application for approval of a pesticide shall –
(a) be in the form required from time to time by
(b) specify the purpose of the pesticide;
(c) indicate the amount (if any) and composition
of any residue or residues which will be left in or on a treated crop and a method
of analysis by which any such residue or residues may be determined;
(d) contain, or be accompanied by, such other
particulars as the Minister may require; and
(e) be accompanied by such fee as may be
Minister may, in addition to any fee prescribed under paragraph (1)(e),
require an applicant for approval to meet the expenses of carrying out any
examination or test which is necessary to enable the Minister to decide whether
to grant an approval.
6 Provision of information to the Minister
The Minister may require the
provision of such information by importers, exporters, manufacturers,
distributors or users of a pesticide as the Minister considers
the purpose of controlling pesticides in Jersey;
enable the States to determine whether action requires to be taken to fulfil an
international obligation of any description.
7 Codes of practice
Minister may, after consultation with such persons or bodies as appear to be
representative of the interests concerned –
(a) prepare and issue codes of practice for the
purpose of providing practical guidance in respect of any provision of this Law
or any Order made under this Law; and
(b) revise any such code by revoking, varying,
amending or adding to the provisions of the code.
Minister shall cause any code prepared under this Article to be printed and
distributed, and may make such arrangements as he or she thinks fit for its
distribution, including causing copies to be put on sale to the public at such
price as he or she considers to be reasonable.
failure on the part of any person to follow any guidance contained in a code
issued under this Article shall not of itself render that person liable to
proceedings of any kind.
all criminal proceedings any such code shall be admissible in evidence, and if
any provision of such a code appears to the court conducting the proceedings to
be relevant to any question arising in the proceedings, it shall be taken into
account in determining that question.
person generally or specially authorized by the Minister in that behalf (in
this Law referred to as an “inspector”)
may for the purpose of enforcing the provisions of this Law and any Orders made
under this Law, subject to production by the inspector, if so required, of
evidence of his or her authority, exercise the powers set out in this Part.
inspector shall also, if so requested, state –
(a) his or her name;
(b) the function that he or she proposes to
(c) his or her grounds for proposing to perform
9 Assistants for inspectors
inspector may take with him or her, to assist in performing his or her
(a) any other person; and
(b) any equipment or materials.
person whom an inspector takes with him or her to assist may perform any of the
inspector’s functions, but only under the inspector’s supervision.
10 Time of performance of functions
An inspector must perform his or
her functions under this Law at a reasonable hour unless it appears to the
inspector that there are grounds for suspecting that the purpose of their
performance may be frustrated if he or she seeks to perform them at a
11 Powers of investigation
inspector may enter any land if he or she has reasonable grounds to
(a) that any pesticide is being or has been
applied to or stored on it; and
(b) that it is necessary for him or her to enter
for any of the general purposes of this Law.
inspector may enter any premises if he or she has reasonable grounds to
(a) that the premises are being utilized for the
storage, transportation or application of any pesticide; and
(b) that it is necessary for the inspector to do
so for any of the general purposes of this Law.
any of those purposes an inspector may require any person to give him or her
information as to the formulation, effects or use of any substance.
an inspector is of the opinion that a person –
(a) is committing an offence under Article 4(4);
(b) has committed such an offence in
circumstances that make it likely that the offence may be repeated,
he or she may deliver to that person
a notice stating that he or she is of that opinion, giving particulars of the
reasons why he or she is of that opinion and directing –
(i) that any land or any premises on or in
which it appears to him or her that the offence was or is being committed or
anything which is on or in the land or premises, shall be left undisturbed
(whether generally or in particular respects) for so long as it appears to him
or her to be reasonably necessary, or
(ii) that any remedial or preventive
measures shall be taken.
an inspector is of the opinion that any activities as carried on or about to be
carried on by or under the control of any person, involve or, as the case may
be, will involve the risk of a commission of an offence under Article 4(4),
he or she may deliver to that person a notice –
(a) stating that he or she is of that opinion;
(b) specifying the matters which in his or her
opinion give or, as the case may be, will give rise to the said risk;
(c) directing that the activities to which the
notice relates shall not be carried on by or under the control of the person to
whom the notice is delivered unless the matters specified in the notice under sub-paragraph (b)
have been remedied.
12 Containers, etc.
For the purpose mentioned in Article 8(1),
an inspector may –
out searches, inspections, measurements and tests;
the production of documents, books and records;
or copy anything whose production he or she has power to require under sub-paragraph (d).
person may appeal in accordance with the provisions of this Article against a
notice delivered to him or her by an inspector under Article 11(4) or (5)
on the ground that the notice was unreasonable having regard to all the
circumstances of the case.
appeal under this Article shall be –
(a) made in writing to the Minister not later
than 7 days after the delivery of the notice against which the appeal is
(b) determined by a Jurat nominated by the
later than 2 days after receiving an appeal under this Article the
Minister shall forward a copy of the appeal, and of the notice against which
the appeal is brought, to the Judicial Greffier.
Jurat shall sit in public to hear the appeal but shall otherwise determine the
Jurat’s own procedure.
an appeal under this Article the Jurat may either cancel or affirm the notice
and, if the Jurat affirms it, may do so either in its original form or with
such modification as the Jurat in the circumstances thinks fit.
PROVISIONS AS TO OFFENCES
person who intentionally obstructs an inspector in the performance of any of
his or her functions under this Law shall be guilty of an offence and be liable
to a fine of level 3 on the standard scale.
person who –
(a) fails without reasonable excuse to comply
with a requirement made, or direction given, by an inspector in the performance
of his or her functions under this Law; or
(b) in purporting to give information required
pursuant to any of the provisions of this Law –
a statement which he or she knows to be false in a material particular,
makes a statement which is false in a material particular,
fails to disclose a material particular,
shall be guilty of an offence and
be liable to a fine.
15 Offence by body corporate
an offence under this Law or any Order made under this Law which has been
committed by a body corporate is proved to have been committed with the consent
or connivance, or to be attributable to any neglect on the part of, a director,
manager, secretary or other similar officer of the body corporate, or any person
who was purporting to act in any such capacity, he or she as well as the body
corporate shall be guilty of the offence and be liable to be proceeded against
the affairs of a body corporate are managed by its members paragraph (1)
shall apply in relation to the acts and defaults of a member in connection with
the member’s functions of management as if the member were a director of
the body corporate.
16 General defence of due diligence
any proceedings for an offence under this Law or any Order made under this Law
it is a defence for the person charged to prove that he or she took all
reasonable precautions and exercised all due diligence to avoid the commission
of the offence.
prejudice to the generality of paragraph (1), a person is to be taken to
have established the defence provided by that paragraph if he or she
(a) that he or she acted under instructions
given to him or her by his or her employer; or
(b) that he or she acted in reliance of
information supplied by another person without any reason to suppose that the
information was false or misleading,
and, in either case, that he or
she took all such steps as were reasonably open to him or her to ensure that no
offence would be committed.
paragraph (2) applies, the person to whose act or default the offence was
attributable shall be guilty of the offence and that person may be charged with
and convicted of the offence by virtue of this paragraph.
Minister may by Order make provision for giving effect to the general purposes
of this Law and, in particular, but without prejudice to the generality of the
foregoing, for prescribing any matter which may be prescribed by this Law.
any person acts in contravention of, or fails to comply with, any Order made
under this Law, contravention or failure to comply with which is not made an
offence under any other provision of this Law, he or she shall for each offence
be liable to the fine prescribed in the Order for the offence, being a fine up
to level 2 on the standard scale.
Subordinate Legislation (Jersey)
Law 1960 shall apply to Orders made under this Law.
This Law may be cited as the Pesticides (Jersey) Law 1991.