Control of Vectors and Pesticides Bill

“active ingredient” means any substance contained in a pesticide or vector repellent which is responsible for the effect that the pesticide or vector repellent has on vectors;

“advertise” means to advertise, directly or indirectly, by means of spoken words or any form of printed or written matter or any other medium;

“authorised officer” means any public officer or any officer of any statutory board who is authorised by the Commissioner in accordance with section 4(2) to exercise all or any of the powers of the Commissioner under this Act or the regulations;

“Commissioner”, “Deputy Commissioner of Public Health” and “Assistant Commissioner of Public Health” mean, respectively, the Commissioner of Public Health, a Deputy Commissioner of Public Health and an Assistant Commissioner of Public Health appointed under section 3(1) of the Environmental Public Health Act (Cap. 95);

“competent authority” means the competent authority appointed under section 5 of the Planning Act 1998 (Act 3 of 1998);

“container” includes anything in or by which a pesticide or vector repellent may be cased, covered, enclosed, contained or packed before application; and, in the case of a pesticide or vector repellent which is sold or carried or intended for sale or carriage in more than one container, includes every such container;

“label”, in relation to the container or package of a pesticide or vector repellent, means any written, pictorial or other descriptive matter marked on or affixed to the container or package;

“Medical Officer of Health” means any registered medical practitioner in the service of the Government who is engaged in vector control or epidemiological duties;

“occupier” —

“owner” —

“package”, in relation to any pesticide or vector repellent, means any box, packet or other article in which one or more containers of the pesticide or vector repellent are or are to be enclosed, and, where any such box, packet or other article is or is to be itself enclosed in one or more boxes, packets or other articles, includes each of such boxes, packets or articles;

“pesticide” means any solid, liquid or gaseous substance or mixture or preparation of such substances which contains one or more active ingredients and which is used for vector control, but does not include any fumigant controlled under the Hydrogen Cyanide (Fumigation) Act (Cap. 132);

“premises” means messuages, buildings, lands, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority, and includes any place or structure, or any part thereof used or intended to be used for human habitation or for employment or any other purpose whatsoever;

“public health officer” means any public officer or any officer of any statutory body who is authorised by the Commissioner to carry out the duties imposed upon a public health officer under this Act or the regulations;

“registrant” means a person to whom the registration of a pesticide or vector repellent has been granted under section 8;

“regulations” means regulations made under section 60;

“sell” means to sell by way of retail or wholesale dealing and includes barter, and also includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered or exposed for sale;

“supply” includes having in possession for the purpose of supply;

“use” includes any act of handling, operating, dispensing, preparation, application, storage and disposal;

“vector” means any insect, including its egg, larva and pupa, and any rodent, including its young, carrying or causing, or capable of carrying or causing any disease to human beings;

“vector control” means the destruction, or the prevention of the propagation or harbouring, of vectors;

“vector control operator” means a person who, in the course of any trade or business, undertakes or engages in vector control work;

“vector control technician” means a person who, for reward or under a contract of employment, carries out or supervises the carrying out of any vector control work;

“vector control work” means any work carried out for the purpose of vector control;

“vector control worker” means any person who, for reward or under a contract of employment, carries out any vector control work under the supervision of a vector control technician;

“vector repellent” means any solid, liquid or gaseous substance or mixture or preparation of such substances which contains one or more active ingredients and which is used or intended to be used for repelling vectors;

“vessel or aircraft” includes any vessel or aircraft of any class or description.

A person who desires to be —

An application made under subsection (1) shall be accompanied by —

Subject to subsections (4) and (5), the Commissioner, upon receiving an application under subsection (1), may —

The Commissioner shall not —

Notwithstanding subsection (4)(b), where —

For the purpose of subsection (5), the Commissioner may, subject to such conditions as he thinks fit, grant a provisional vector control technician's licence or a provisional vector control worker's certificate to the applicant to enable him to carry out the work of a vector control technician or a vector control worker, as the case may be, while undergoing training.

The Commissioner may at any time vary or revoke any of the existing conditions imposed under subsection (3)(a) or (6) or impose new conditions.

Where the Commissioner has, under subsection (3)(b), refused any application, he shall, if requested to do so by the applicant, state in writing the reasons for his refusal.

Where a person is registered as a vector control operator under this section, the Commissioner shall issue a certificate of registration to that person and the certificate or a certified copy thereof shall be exhibited in a conspicuous place at the principal place of business of that person and at every other place where that person carries on business.

Subject to section 32 —

Subject to section 32 —

Section 30(2) to (9) shall apply, with the necessary modifications, to an application for the renewal of —

The Commissioner may suspend or cancel the registration of a vector control operator, a vector control technician's licence or a vector control worker's certificate if the Commissioner is satisfied that —

The Commissioner, before suspending or cancelling any registration, licence or certificate under subsection (1), shall give to the person to whom the registration, licence or certificate has been granted notice in writing of his intention to do so and shall in such notice call upon that person to show cause within such time as may be specified in the notice as to why his registration, licence or certificate should not be suspended or cancelled.

If the person to whom a notice has been given under subsection (2) —

In this section —

Any person who is aggrieved by —

Notwithstanding that any appeal under subsection (1) is pending, any condition imposed by the Commissioner under section 30 or 31 shall take effect from the date specified by the Commissioner, unless the Minister otherwise orders.

If within the period referred to in subsection (1) the person whose registration, licence or certificate has been suspended or cancelled by the Commissioner gives due notice of appeal to the Minister, the suspension or cancellation of his registration, licence or certificate, as the case may be, shall not take effect unless it is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.

In this section —

The Commissioner shall maintain, in such form as he thinks fit, a register of all registered vector control operators, licensed and provisionally licensed vector control technicians and certified and provisionally certified vector control workers.

Any person may, on payment of the prescribed fee, inspect the register at any time during office hours.

The Commissioner shall be responsible for the administration of this Act, subject to the general or special directions of the Minister.

The Commissioner may, with the approval of the Minister, in writing in that behalf authorise any public officer or any officer of any statutory board to exercise all or any of the powers of the Commissioner under this Act or the regulations subject to such conditions or limitations as the Commissioner may specify.

The Commissioner may, by instrument in writing under his hand, appoint any person who in his opinion is qualified to carry out any analysis, test or examination or to make any report for the purpose of this Act or the regulations.

No person shall —

No person shall sell any pesticide or vector repellent registered under section 8 otherwise than in a container or package to which is affixed or on which is printed a label that has been approved by the Commissioner and that shows clearly and distinctly the particulars prescribed by the regulations.

No vector control operator, vector control technician or vector control worker shall use any pesticide for the purpose of carrying out any vector control work unless the pesticide is registered under section 8.

On receipt of an application under section 7, the Commissioner shall consider the application and may —

The Commissioner shall not register any pesticide or vector repellent unless —

Where the Commissioner has, under subsection (1)(b), refused to register a pesticide or vector repellent, he shall, if requested to do so by the applicant, state in writing the reasons for his refusal.

The conditions which the Commissioner may impose under subsection (1)(a) shall include —

The Commissioner may at any time vary or revoke any of the existing conditions imposed under subsection (1)(a) or impose new conditions.

Upon registering a pesticide or vector repellent, the Commissioner shall —

The registration of a pesticide or vector repellent shall take effect from the date stated in the certificate of registration and shall remain in force until it is cancelled under section 11.

Where a pesticide or vector repellent has been registered by the Commissioner under section 8, the registrant shall cause a registration mark to be shown clearly and in a conspicuous position on the label on every container or package in which the pesticide or vector repellent is to be sold or supplied.

The registration mark shall be in such form and shall contain such particulars as the Commissioner may determine.

The Commissioner shall maintain, in such form as he thinks fit, a register of all pesticides and vector repellents which have been registered under section 8.

Any person may, on payment of the prescribed fee, inspect the register at any time during office hours.

The Commissioner may, subject as hereinafter provided, cancel the registration of a pesticide or vector repellent if he is satisfied —

Before cancelling the registration of a pesticide or vector repellent, the Commissioner shall serve a notice in writing on the registrant requiring him, within such time as may be specified in the notice, to show cause to the Commissioner why the registration of the pesticide or vector repellent should not be cancelled.

If the registrant fails to show cause as aforesaid within the specified time or within such further period as the Commissioner may allow, the Commissioner may, if he thinks fit, cancel the registration of the pesticide or vector repellent as from a date to be specified by him.

If the registrant complies with the notice, the Commissioner shall consider any representations or submissions made to him by or on behalf of the registrant, and if the Commissioner is satisfied of any of the matters referred to in subsection (1), he may —

Where the Commissioner —

Any person who is aggrieved by —

Notwithstanding that any appeal under subsection (1) is pending —

Where the Commissioner or a public health officer knows or has reason to believe that any pesticide or vector repellent is being stored on any premises, vessel or aircraft, he may, for the purpose of ascertaining whether such pesticide or vector repellent is in contravention of this Act or the regulations —

Where the Commissioner or a public health officer has seized or detained or taken measures to prevent the removal or disposal of, any consignment of pesticides or vector repellents under subsection (1)(b), the Commissioner or public health officer, as the case may be, shall forthwith give notice in writing thereof to the owner, consignor or consignee of the consignment or to the agent of such person, if the name and address of such owner, consignor or consignee or agent thereof are known.

Any person aggrieved by any action taken by the Commissioner or a public health officer under subsection (1)(b) may, within 14 days thereof, appeal to the Minister whose decision shall be final.

No person shall —

The Commissioner or a public health officer may by notice require the owner, consignor or consignee of the consignment from which any sample is taken under subsection (1)(a) or the agent of such person to submit, at his own expense, the sample to an approved laboratory for the purpose of analysis or testing, and to produce the report of analysis or testing issued by the approved laboratory.

Where —

Where the result of the analysis or testing of the sample conducted under subsection (1)(a) or (5) confirms that the sample is in contravention of this Act or the regulations, the Commissioner or a public health officer, as the case may be, may direct the owner, consignor or consignee of the consignment or the agent of such person to treat or destroy or otherwise dispose of such consignment, at the expense of such owner, consignor or consignee or agent thereof, in such manner as the Commissioner or public health officer thinks fit.

Where a person to whom a direction under subsection (7) is given fails to comply with that direction, the Commissioner or a public health officer may take such steps as he thinks fit to secure the treatment, destruction or disposal of the consignment to which the direction relates and recover any costs and expenses reasonably incurred by him from that person in accordance with section 41.

No person shall create or cause or permit to be created any condition favourable to the propagation or harbouring of vectors.

Every person shall comply with all such reasonable directions as may be given by the Commissioner or any public health officer with a view to ensuring that such conditions do not arise or with a view to terminating such conditions.

Such directions may be given to the owner or occupier of any premises, vessel or aircraft and to any person therein, including the agents and servants of such owner or occupier.

If in any proceedings for a contravention of subsection (1), it is shown that the condition on any premises, vessel or aircraft is favourable to the propagation or harbouring of vectors, it shall be presumed, unless the contrary is proved, that the condition is created, or caused or permitted to be created by the owner or occupier of such premises, vessel or aircraft.

No person shall breed, keep, collect, distribute, sell, import or export any vectors without the permission in writing of the Commissioner.

An application for the Commissioner's permission to breed, keep, collect, distribute, sell, import or export any vectors shall be made in such form and shall state such particulars as the Commissioner may require.

The Commissioner may, in his discretion, refuse the application without assigning any reason.

The Commissioner shall not grant his permission to any person to breed, keep, collect, distribute, sell, import or export any vectors unless the Commissioner is satisfied that the application has been made for a scientific purpose or for purposes of education or research or for such other purpose as may be acceptable to the Commissioner.

The Commissioner may, in granting his permission to any person to breed, keep, collect, distribute, sell, import or export any vectors, impose such conditions as the Commissioner thinks fit.

The Commissioner may, in his discretion, revoke his permission granted under this section at any time without assigning any reason.

Where it appears to the Commissioner that any premises, vessel or aircraft or anything therein is or may become favourable to the propagation or harbouring of vectors, the Commissioner may, by order in writing addressed to the owner or occupier of such premises, vessel or aircraft, direct the owner or occupier to carry out such vector control work or to take such measure, as may be specified in the order, with regard to the premises, vessel or aircraft for the treatment, destruction or removal of anything therein as may bring the premises, vessel or aircraft into a condition unfavourable to the propagation or harbouring of vectors.

The Commissioner may, in any such order, direct —

The Commissioner may, by order in writing, direct the occupier of any premises, vessel or aircraft to cover, within a specified time, and keep continuously covered any specified tank, cistern, receptacle or any manner of container whatsoever in or appertaining to the premises, vessel or aircraft, so that vectors shall be unable to enter therein, and where any premises, vessel or aircraft is unoccupied, such order may be addressed to the owner thereof as if he were the occupier.

In particular and without prejudice to the generality of the powers under this section, the Commissioner may, in any such order, direct the owner or occupier of any premises to drain any land in accordance with such specifications or in such manner as he may specify in such order or to fill up inequalities in the surface thereof to a specified level so as to prevent the breeding of vectors or so as to keep the land permanently free from standing water to an extent specified in such order.

Notwithstanding subsections (1), (3) and (4), the Commissioner may, in his discretion, and if in his opinion the circumstances so warrant, himself cause any measure or work specified in those subsections to be carried out and recover the costs and expenses incurred by him from the owner or occupier of the premises, vessel or aircraft, as the case may be.

Where an order served under subsection (1) requires that any work being carried out on the premises, vessel or aircraft shall be stopped, and the owner or occupier of the premises, vessel or aircraft on whom the order was served fails to comply with such requirements, the Commissioner may make a complaint to a Magistrate's Court.

The Magistrate's Court may, upon application by the Commissioner, make a summary order for the ejectment of any person found carrying out or likely to carry out such work on the premises, vessel or aircraft.

Any person who is aggrieved by any order made by the Commissioner under this section may, within 3 days of such order, appeal in writing to the Minister.

Notwithstanding that any appeal under subsection (8) is pending, an order made by the Commissioner under this section shall take effect from the date stated therein, unless the Minister otherwise directs.

The Minister may, on an appeal made under subsection (8), confirm, vary or rescind the order or make any other order which the Commissioner is competent to make under this Act, and the decision of the Minister shall be final.

The Commissioner may, by notice in writing, require the owner or occupier of any premises, vessel or aircraft or any pond, well, pool or other body of water, to carry out the spraying or fogging thereof with any form of pesticide within the time specified in such notice.

Notwithstanding subsection (1), the Commissioner may, if he considers necessary, himself carry out such spraying or fogging and recover any costs or expenses incurred by him from the owner or occupier of the premises, vessel or aircraft or pond, well, pool or other body of water, as the case may be.

No person shall remove or render less effective any pesticide so sprayed or fogged under subsection (1) or (2).

The Commissioner or any public health officer or authorised officer may, with or without assistants, for the purposes of this Act or the regulations, enter any premises or vessel or aircraft in order to make any survey, inspection or search or to execute any work authorised by this Act or the regulations.

Any Medical Officer of Health may —

No person shall, except with the consent of the occupier thereof, enter any dwelling-house by virtue of the powers conferred by this section without at least 12 hours' previous notice being given to the occupier thereof, if any.

The owner or occupier of any premises, vessel or aircraft, as the case may be, shall supply all such information as the Commissioner or any public health officer may require or as the Commissioner or the public health officer may consider to be reasonably necessary for the purpose of this section.

Where the Commissioner or any department of the Government has constructed any works with the object of preventing the breeding of vectors, the owner or occupier of the premises on which the works stand shall prevent the premises from being used in any manner that —

Where any such premises are used in such a manner as to cause the deterioration of, or to lessen the full efficiency of, the works —

Before any proceedings are taken under this section, the Commissioner shall give to the owner or occupier, as the case may be, notice in writing specifying —

If the owner of such premises is, by reason of any contract (not being a contract made with an intention to evade liability under this section), prevented from entering the premises to carry out the duties and obligations mentioned in subsection (1), he shall not be liable to any of the penalties mentioned in subsection (2) unless it can be shown that he has contributed in any way to the refusal or failure of the occupier to carry out such duties and obligations.

Any person who, without the consent of the Commissioner, interferes with, damages, injures, destroys or renders useless any works executed or any materials or things placed in, under or upon any premises by or under the order of the Commissioner, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

The Commissioner may in addition recover from the person convicted any costs and expenses incurred in connection with the re-execution of the works or the replacement of the materials or things so interfered with, damaged, injured, destroyed or rendered useless.

If through any act, neglect or default on account whereof any person has incurred any penalty under this Act or the regulations any damage is caused by that person to property belonging to the Government, he shall be liable to make good the damage as well as to pay the penalty.

The amount of such damage shall, in case of dispute, be determined by the court by which the person incurring the penalty was convicted.

The amount of the damage shall be recovered as if it were a fine imposed by the court.

Except as otherwise provided in this Act, in all cases when compensation, damages, fees, costs and expenses are by this Act directed to be paid, the amount and, if necessary, the apportionment of the same and any question of liability shall, in case of dispute or failure to pay, be summarily ascertained and determined by a District Court.

If the amount of compensation, damages, costs or expenses is not paid by the party liable to pay such amount within 14 days after demand, such amount may be reported to a District Court and recovered in the same manner as if it were a fine imposed by a District Court.

An appeal shall lie to the High Court from any decision of a District Court under this section, and the provisions of the Criminal Procedure Code (Cap. 68) shall apply, with the necessary modifications, to all such appeals.

Where the Commissioner has incurred costs and expenses in connection with the execution of any works, which are, under this Act, payable by or recoverable from the owner or occupier of any premises, vessel or aircraft, as the case may be, the Commissioner may, if he thinks fit, obtain an undertaking from such owner or occupier for the payment of such instalments as will be sufficient to defray the whole amount of such costs and expenses.

Upon default in payment of any instalment upon the date appointed for payment thereof by any such undertaking, the whole of the balance then outstanding of such amount shall immediately become due and payable and, notwithstanding any change in the ownership or occupation of the premises, vessel or aircraft since the date of the undertaking, may be recovered by the same means and in the like manner as provided in section 41.

Where it appears to the Commissioner or any public health officer, police officer or authorised officer that any person has committed an offence under this Act or the regulations, the Commissioner, public health officer, police officer or authorised officer may, in his discretion, serve upon the person a notice in such form as may be prescribed requiring the person to attend at the court, at the hour and on the date specified in the notice.

The Commissioner, public health officer, police officer or authorised officer shall prepare a duplicate of the notice referred to in subsection (1) and, if so required by a court, produce the same to the court.

On an accused person appearing before a court in pursuance of such a notice, the court shall take cognizance of the offence alleged and shall proceed as though he were produced before the court in pursuance of section 136 of the Criminal Procedure Code (Cap. 68).

If a person, upon whom such a notice has been served, fails to appear before a court in accordance therewith, the court shall thereupon issue a warrant for the arrest of that person.

Upon a person arrested in pursuance of a warrant issued under subsection (4) being produced before a court, the court shall —

The Commissioner or any public health officer, police officer or authorised officer may arrest without warrant any person committing in his view or who he has reason to believe has committed any offence under this Act or the regulations if —

A person arrested under this section may be detained until his name and address are correctly ascertained.

No person so arrested under this section shall be detained longer than is necessary for bringing him before a court unless the order of a court for his detention is obtained.

Any person who is charged by the Commissioner or any public health officer, police officer or authorised officer with any offence under this Act or the regulations shall give his name and address and such other proof of identity to the Commissioner, public health officer, police officer or authorised officer, if so required.

The occupier of any premises, vessel or aircraft shall, if required by the Commissioner or any public health officer, police officer or authorised officer, give his name and other proof of identity and the name and address of the owner of the premises, vessel or aircraft, if known.

Any person who contravenes this section or wilfully mis-states his name and address or the name and address of the owner of any premises, vessel or aircraft shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

The Commissioner or any officer authorised in writing in that behalf by the Minister may, in his discretion, compound any offence under this Act or the regulations which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $5,000.

On payment of such sum of money, no further proceedings shall be taken against such person in respect of the offence.

All notices, orders, receipts, warrants and other documents of whatsoever nature which the Commissioner is empowered to give by this Act or the regulations may be given —

Where any such notice, order, warrant or document requires authentication —

Any notice, order or document required or authorised by this Act or the regulations to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act or the regulations may be served on the person —

Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) shall be deemed to be duly served on the person at the time when the notice, order, document or summons, as the case may be, would in the ordinary course of post be delivered and in proving service of the notice, order, document or summons it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.

Any notice, order or document required or authorised by this Act or the regulations to be served on the owner or occupier of any premises, vessel or aircraft or any summons issued by a court against any such owner or occupier in connection with any offence under this Act or the regulations may be served by delivering it or a true copy thereof to some adult person on the premises, vessel or aircraft or, if there is no such person on the premises, vessel or aircraft to whom it can with reasonable diligence be delivered, by affixing the summons, notice, order or document to some conspicuous part of the premises, vessel or aircraft.

Any notice, order or document required or authorised by this Act or the regulations to be served on the owner or occupier of any premises, vessel or aircraft or any summons issued by a court against any such owner or occupier in connection with any offence under this Act or the regulations shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises, vessel or aircraft without further name or description.

No misnomer or inaccurate description of any person, premises, building, street, place, vessel or aircraft named or described in any notice, order or document prepared, issued or served under or for the purposes of this Act or the regulations shall in any way affect the operation of this Act or the regulations as respects that person, premises, building, street, place, vessel or aircraft if that person, premises, building, street, place, vessel or aircraft is so designated in the document as to be identifiable.

No proceedings taken under or by virtue of this Act or the regulations shall be invalid for want of form.

Subject to subsection (3), a certificate of an analyst appointed under section 4(3) stating that he has analysed, tested or examined any pesticide, vector repellent or other substance or thing and stating the result of his analysis, test or examination shall be admissible in evidence in any proceedings for an offence under this Act or the regulations as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis, test or examination.

For the purpose of subsection (1), a document purporting to be a certificate referred to in that subsection on its production by the prosecution shall, unless the contrary is proved, be deemed to be such a certificate.

A certificate referred to in subsection (1) shall not be received in evidence in pursuance of that subsection unless the person charged has been given —