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Pesticides Research Rules, 1985

Government Notice 297 of 1985

Revoked
This Government Notice was revoked on 2023-04-21 by Plant Health Regulations, 2023.
Pesticides Research Rules, 1985
Citation
Government Notice 297 of 1985
Primary work
Tropical Pesticides Research Institute Act
Date
31 July 2002
Language
English
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Tanzania
Tropical Pesticides Research Institute Act

Pesticides Research Rules, 1985

Government Notice 297 of 1985

  • Published in Tanzania Government Gazette
  • Commenced
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
  1. [Revoked on 21 April 2023 by Plant Health Regulations, 2023 (Government Notice 284 of 2023)]
[Section 9(2)]

1. Citation

These Rules may be cited as the Pesticides Research Rules.

2. Interpretation

In these Rules, unless the context otherwise requires—"Committee" means the Research Committee established under Rule 4;"research" means research on pesticides and includes—(a)any study of the biology and ecology of pests with a view to understanding their nature so as to find ways of controlling them by use of pesticides and other biological agents;(b)any study with the view of evaluating of the efficacy of pesticides in killing, repelling or attracting, inhibiting the feeding or arresting the growth of insects, weeds, path, genic fungi, rodents, bird, pests, ticks or any other kind of pests;(c)any instruction or study carried out with a view to promoting the use of pesticides and their effects on targets and non-targets;(d)any study of pesticides with a view of determining their toxicity, persistence, resistance, biodegradation or other degradation, detoxification, disposal;(e)any investigation or study on the monitoring of the importation, manufacturing, distribution, sale, site and use of pesticides in the country;(f)any study aimed at promoting the most efficient way of controlling pests;(g)any investigation or study aimed at promoting the most efficient and safe ways of using pesticides;(h)any investigation or study aimed at determining the extent of environmental pollution by pesticides and their residues or wastes.

3. Object of Rules

The objects of these Rules are to make provisions governing the carrying out of any research on pesticides in the country.

4. The Research Committee

(1)The Research Committee shall consist of—
(a)the Director who shall be the Chairman;
(b)the Legal Secretary, who shall be the Secretary;
(c)heads of Divisions of Agriculture, Medical/Veterinary, Chemistry Pesticides Registration and Control, National Herbarium and Plant Quarantine;
(d)two other members who shall in the opinion of the Council have knowledge and experience in Pesticides Research.
(2)The Committee may also co-opt any other persons, and for such purposes or periods as it may deem fit, but any such expert so co-opted shall have no right to vote.
(3)No member of this Committee shall, during the tenure of his membership engage in trade or business pertaining to the pesticide(s) to be used in the research being applied for.

5. Meetings of the Committee

The Committee shall meet at least four times in a year.

6. Functions of the Committee

The functions of the Committee shall be—
(a)to consider and approve proposals for research on any aspects of pesticides and their use in controlling pests;
(b)to give such advice to persons engaged in research on pesticides and pests as may be necessary;
(c)to prescribe research fees.

7. Application for research

(1)Every person who intends to carry out any research on pesticides in Tanzania shall make an application to the Director in a form prescribed in the Schedule to these Rules.
(2)Where a person from outside Tanzania makes an application under this Rule he shall produce evidence of research clearance obtained from the Commission for Science and Technology.
(3)All scientific research institutions or organisations in the country would be required to route their research applications and any information concerning pesticides research through the Institute.

8. Committee to decide on application

(1)The Committee shall within two months consider and decide on every application submitted.
(2)Where the Committee does not for any reason approve any application it shall inform the applicant giving reasons for not approving it.

9. Obligations of the researcher

Where a research proposal has been approved by the Committee the researcher shall as expeditiously as it is practicable begin his research and shall have the obligations—
(a)to provide the institute with progress reports on his research projects every six months;
(b)where a researcher is from outside Tanzania he shall submit to the Institute a preliminary report of his research before he leaves the country;
(c)to submit to the Institute a final report of his research findings within six months after completion of his research;
(d)to submit to the Institute copies of publications relating to the research undertaken by the applicant.

10. Fees for research

(1)Where a research or part thereof is to be undertaken independently or in collaboration with the Institute, the Institute shall charge the researcher such reasonable fees or fees as shall be prescribed by the Committee in consultation with the Council—
(a)researchers who wish to collaborate with the Institute bringing with them to the Institute all the equipment, funds and expertise needed by that researcher, shall not be required to pay any fees;
(b)researchers who wish to have collaboration with the Institute by contributing only a fraction of the input shall pay fees proportional to the needed inputs or may be required to pay in full or in part the cost of such research undertaking;
(c)where the Institute provides all the necessary resources and input, the applicant shall be required to pay full fees, in addition to meeting in full or in part the cost of undertaking such research;
(d)where a researcher wishes to conduct a research on pesticides independent of the Institute, he shall be charged such fees as the Committee shall deem reasonable.
(2)Where researchers from outside the country are charged any fees, such fees shall be paid in convertible foreign currency.
(3)Notwithstanding the provisions of Rule 10(1) and (2) research fees shall be paid only after the application has been duly approved.

11. Assistance by the Institute

Upon approval by the Committee of any research proposal, the Institute may undertake to give a researcher such assistance as it may deem necessary or appropriate in the circumstance.

12. Institute to assign adviser

The institute may assign a competent scientist for the purpose of advising and assisting the researcher in his research.

13. Protection of species

Any person who, for the purpose of carrying out research uses any plant, bird, animal or any animate or inanimate object shall abide by any existing laws governing the handling or use of such plant, bird, animal or any animate or inanimate object as the case may be.

14. Transitional provisions

(1)Upon the coming into operation of these Rules, any person already engaged in pesticides research shall, within three months, apply to the Institute for registration of that research.
(2)Where a researcher is to use a pesticide that is not registered, that researcher shall register that pesticide before applying for registration of the research, or register it within three months if he has already started using the pesticide before these Rules came into operation.

Schedule (Rule 7(1))

Pesticide research clearance application form

[Editorial note: The form has not been reproduced.]

History of this document

21 April 2023
31 July 2002 this version
Consolidation
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