Control of Plants (Cultivation of Plants) (Licensing and Certification) Rules

Control of Plants Act

(CHAPTER 57A, Section 48)

Control of Plants
(Cultivation of Plants) (Licensing and Certification) Rules

R 2

G.N. No. S 27/1994

REVISED EDITION 2000

(31st January 2000)

[18th February 1994]

PART I

PRELIMINARY

Citation

1.  These Rules may be cited as the Control of Plants (Cultivation of Plants) (Licensing and Certification) Rules.

Definitions

2.  In these Rules, unless the context otherwise requires —

“consignment” means any consignment of a single type of plant, fresh fruit or vegetable which has been produced for sale or supply;

“crop” means any unharvested crop of a single type of plant, fresh fruit or vegetable which has been produced for sale or supply;

“cultivation of plants” means the commercial production of any plant (whether from seed, tuber, cutting, rhizome, bulb, corm, stock, budwood, slip, sucker, graft, scion or any other part whatsoever from which such plant may be propagated) or fresh fruit or vegetable, but excludes the operation of any nursery or outlet for the primary purpose of the retail sale of plants;

“farm” means any land or premises, whether enclosed by fencing or not, used for the cultivation of plants;

“licence” means a licence issued by the Director-General under section 31 of the Act for the cultivation of plants;

[S 296/2004 wef 01/06/2004]

“licensee” means the holder of a licence;

“permitted pesticide” means any pesticide which is registered under the Control of Plants (Registration of Pesticides) Rules (R 3);

“pesticide operator” means a person who is authorised, whether by virtue of a pesticide operator’s certificate, to carry out or supervise the application or use of pesticides in the cultivation of plants or any activity directly relating to such work;

“pesticide operator’s certificate” means a certificate issued by the Director-General under rule 14(1) certifying that the person to whom the certificate is issued is competent to carry out or supervise the application or use of pesticides in the cultivation of plants and authorising him to carry out or supervise such work;

[S 296/2004 wef 01/06/2004]

“unregistered pesticide” means any pesticide which is not registered under the Control of Plants (Registration of Pesticides) Rules (R 3).

Limitation of application of Rules

3.  These Rules shall not apply to —

(a) the cultivation of plants by any Government agency or statutory body; or

(b) the cultivation of plants by tissue culture or micro-propagation techniques.

PART II

FARM LICENCE FOR CULTIVATION OF PLANTS

Keeping or maintenance of farm

3A.  No person shall keep or maintain a farm except in accordance with a valid licence issued by the Director-General under section 31 of the Act and in accordance with the conditions, if any, of that licence.

[S 296/2004 wef 01/06/2004]

Fees for licence and renewal of licence

4.  Every application for a licence and every application for the renewal of a licence shall be accompanied by the appropriate fee specified in the First Schedule.

Application for and issue or renewal of licence

5.—(1)  In determining whether to issue or refuse to issue a licence to an applicant, the Director-General may consider the suitability of the land or premises to be licensed for use as a farm.

(2)  For the purposes of paragraph (1), the Director-General may, at any time —

(a) enter and inspect the land or premises in respect of which the application for a licence is made, or cause such land or premises to be inspected by an authorised officer;

(b) require the applicant to make available any relevant documentation for inspection and copying; and

(c) require the applicant, at his own expense, to make such alteration or improvement to such land or premises or to provide, fix or install such facilities or structures as the Director-General may specify.

(3)  The Director-General may refuse to issue a licence to an applicant if —

(a) the applicant or one of his partners or, if the applicant is a body corporate, one of its directors —

(i) had previously been convicted of an offence under the Act; or

(ii) had previously held a licence issued under the Act and the licence or permit, as the case may be, was subsequently revoked or suspended under section 32 of the Act; or

(b) in the opinion of the Director-General —

(i) the applicant is not a fit and proper person to be granted a licence; or

(ii) the land or premises in respect of which the licence is being applied for is or are not suitable for use as a farm.

(4)  Paragraphs (1), (2) and (3) shall apply, with the necessary modifications, to an application for the renewal of a licence.

[S 296/2004 wef 01/06/2004]

Renewal of licence

6.  Every application for the renewal of a licence may be made at any time during one month immediately preceding its expiry.

7.  [Deleted by S 296/2004 wef 01/06/2004]

Replacement of lost or defaced licence

8.—(1)  Where a licence has been lost or defaced before its expiry, the licensee may apply to the Director-General for the issue of a certified true copy of the licence.

[S 296/2004 wef 01/06/2004]

(2)  Upon receiving an application under paragraph (1) and the payment of the appropriate fee specified in the First Schedule, the Director-General shall issue a certified true copy of the licence to the licensee and the certified true copy of the licence so issued shall have the same effect as the original thereof.

[S 296/2004 wef 01/06/2004]

(3)  Any licensee to whom a certified true copy of a licence has been issued in replacement of a licence which he has lost shall, upon discovering the original licence, forthwith return the certified true copy of the licence to the Director-General.

[S 296/2004 wef 01/06/2004]

(4)  No certified true copy of a licence shall be issued in place of a defaced licence unless the defaced licence is surrendered to the Director-General for cancellation.

[S 296/2004 wef 01/06/2004]

(5)  No refund shall be made for the fee paid —

(a) for a certified true copy of a licence upon its return to the Director-General under paragraph (3); or

[S 296/2004 wef 01/06/2004]

(b) for a licence surrendered to the Director-General under paragraph (4).

[S 296/2004 wef 01/06/2004]

Transfer of licence

9.  No licensee shall transfer or assign the benefit of his licence to any other person without the prior approval of the Director-General.

[S 296/2004 wef 01/06/2004]

Alteration of licence

10.  Any person who, without lawful authority, alters any licence issued under these Rules or knowingly makes use of any licence so altered shall be guilty of an offence.

Revoked or suspended licence to be surrendered

11.—(1)  A licensee shall, upon the receipt of a notice, referred to in section 32(3) of the Act, of the revocation or suspension of his licence, forthwith surrender his licence to the Director-General.

[S 296/2004 wef 01/06/2004]

(2)  The Director-General shall, upon the expiry of the period of suspension of a licence which has been surrendered to him under paragraph (1), return the licence to the person to whom the licence was issued if the licence has not at that time expired.

[S 296/2004 wef 01/06/2004]

Power to waive or refund fees

11A.  Subject to rule 8(5), the Director-General may, if he thinks fit, waive or refund the whole or any part of the licence fee payable under these Rules.

[S 296/2004 wef 01/06/2004]

Directives

11B.—(1)  The Director-General may, at any time, issue to any licensee such written directives as he thinks necessary for the proper management and operation of a farm.

(2)  Where a licence is revoked or suspended under section 32 of the Act, the Director-General may issue to the person whose licence was revoked or suspended such written directives as he thinks necessary for the proper care and handling of the plants in the farm to which the licence relates.

(3)  Every licensee or person to whom any written directive is issued by the Director-General under paragraph (1) or (2) shall comply with such written directive.

[S 296/2004 wef 01/06/2004]

PART III

PESTICIDE OPERATOR’S CERTIFICATE

Application for pesticide operator’s certificate

12.  Every application for a pesticide operator’s certificate shall be made in such form as the Director-General may provide and shall specify such particulars as the Director-General may require.

[S 296/2004 wef 01/06/2004]

Director-General may require applicant to undergo medical examination, test or training

13.—(1)  Upon receiving an application under rule 12, the Director-General may, for the purpose of satisfying himself that the applicant is sufficiently competent and, in all other respects, a fit and proper person to be entrusted to apply or otherwise use pesticides in the cultivation of plants safely, require the applicant —

(a) to undergo a medical examination; and

(b) to take and successfully complete such tests as the Director-General may set.

[S 296/2004 wef 01/06/2004]

(2)  The Director-General may require any applicant who does not possess the requisite qualification, training or practical experience in pesticide application to undergo such training as may be conducted by him prior to taking any test referred to in paragraph (1)(b).

[S 296/2004 wef 01/06/2004]

(3)  Any applicant who does not successfully complete any test referred to in paragraph (1)(b) may apply to the Director-General for a re-test and the date of the re-test shall be decided by the Director-General.

[S 296/2004 wef 01/06/2004]

Issue of certificate

14.—(1)  Upon being satisfied that the applicant is sufficiently competent and in all other respects a fit and proper person to be entrusted to apply or otherwise use pesticides in the cultivation of plants safely and upon the payment of the appropriate fee specified in the First Schedule, the Director-General may issue a pesticide operator’s certificate to the applicant subject to such conditions as he may think fit to impose.

[S 296/2004 wef 01/06/2004]

(2)  Every pesticide operator’s certificate shall be in such form as the Director-General may determine.

[S 296/2004 wef 01/06/2004]

(3)  Notwithstanding paragraph (1), the Director-General may refuse to issue a pesticide operator’s certificate without assigning any reason.

[S 296/2004 wef 01/06/2004]

(4)  The Director-General may at any time add to, vary or revoke any of the conditions subject to which a pesticide operator’s certificate has been issued.

[S 296/2004 wef 01/06/2004]

Duration of pesticide operator’s certificate

15.  Subject to section 13 of the Act and rule 17, every pesticide operator’s certificate shall be valid for a period not exceeding 3 years and may be renewed upon its expiry.

Renewal, replacement, transfer and alteration of pesticide operator’s certificate

16.  Rules 8, 9 and 10 shall apply, with the necessary modifications, to a pesticide operator’s certificate as they apply to a licence.

Procedure on cancellation or suspension of pesticide operator’s certificate

17.  Rule 11 shall apply, with the necessary modifications, upon the cancellation or suspension of a pesticide operator’s certificate under section 13 of the Act as they apply upon the cancellation or suspension of a licence under rule 11(1).

PART IV

PROVISIONS REGULATING CULTIVATION OF PLANTS AND SALE AND SUPPLY OF FRESH FRUITS AND VEGETABLES

Disposal of pesticide and waste material

18.—(1)  Every licensee shall ensure that any pesticide and waste material arising from the cultivation of plants on his farm is properly disposed of in accordance with —

(a) the requirements specified in the Second Schedule; and

(b) such directions as the Director-General may give from time to time.

(2)  Where any licensee or pesticide operator has disposed of any pesticide or pesticide container under rule 23(1)(fa), the licensee or pesticide operator, as the case may be, shall furnish to the Director-General, within a period of 7 days of the disposal, a letter from a chemical disposal company acknowledging the receipt and disposal of the pesticide.

[S 296/2004 wef 01/06/2004]

Use and storage of pesticide

19.—(1)  No pesticide shall be applied or used in the cultivation of plants or kept or stored on any farm unless the pesticide is registered with the Director-General under the Control of Plants (Registration of Pesticides) Rules (R 3).

[S 296/2004 wef 01/06/2004]

(2)  Every licensee shall ensure that the application or use of any pesticide in the cultivation of plants on his farm is carried out or supervised by a pesticide operator certified by the Director-General under rule 14(1) or (2).

[S 296/2004 wef 01/06/2004]

Duties of pesticide operator

20.—(1)  It shall be the duty of every pesticide operator to ensure that —

(a) any pesticide applied or used by him or by any person under his supervision in the cultivation of plants is registered with the Director-General under the Control of Plants (Registration of Pesticides) Rules;

(b) the application or use of any pesticide by him or by any person under his supervision in the cultivation of plants is carried out in accordance with the instructions specified by the manufacturer of the pesticide, including, but not limited to, any instructions relating to —

(i) the dosage and frequency of the application or use of the pesticide;

(ii) the types of crops or plants in respect of which the pesticide may be applied or used;

(iii) the types of pests for the control of which the pesticide may be applied or used;

(iv) the method of application or use of the pesticide;

(v) the pre-harvest interval in the application or use of the pesticide;

(vi) any restrictions as to the application or use of the pesticide;

(vii) the safety and protection of the person applying or using the pesticide; and

(viii) the protection of the environment;

(c) any person who applies or uses any pesticide in the cultivation of plants under his supervision is given sufficient information, instruction and guidance as to the application or use of the pesticide;

(d) any pesticide applied or used in the cultivation of plants is properly stored in the farm, or disposed of, in accordance with the requirements specified in the Second Schedule;

(e) any container which has been used on the farm to contain any pesticide is cleaned or disposed of in accordance with the requirements specified in the Second Schedule;

(f) any fresh fruit or vegetable produced on the farm for sale or supply does not contain —

(i) any residue of any unregistered pesticide; or

(ii) any residue of any permitted pesticide exceeding —

(A) the level specified in the Ninth Schedule to the Food Regulations (Cap. 283, Rg 1) in respect of that pesticide; or

[S 217/2019 wef 01/04/2019]

(B) where no such specification has been made in the Ninth Schedule to the Food Regulations in respect of any such pesticide, the level recommended by the Joint FAO/WHO Codex Alimentarius Commission in respect of that pesticide; and

[S 217/2019 wef 01/04/2019]

(g) a record relating to the application of any pesticide in the cultivation of plants on the farm is made and kept in such manner as the Director-General may require.

(2)  Every pesticide operator shall, whenever required to do so by the Director-General or an authorised officer, as the case may be —

(a) submit to the Director-General any record made by him under paragraph (1)(g); or

(b) produce any such record to the authorised officer for inspection.

Licensee not to supply or sell fresh fruits or vegetables with pesticide residue exceeding specified level

21.  No licensee shall supply or sell any fresh fruit or vegetable containing any residue of any unregistered pesticide or any residue of any permitted pesticide exceeding the level referred to in rule 20(1)(f)(ii).

 

[G.N. Nos. S 27/94; S 147/97; S 135/98; S 10/99]