HYACINTH CHIN Sue, registrar of the Pesticides Control Authority (PCA), is optimistic that the implementation of the amendments to the pesticides regulations will result in fewer instances of improper use of chemicals and pesticides.
"We will now be able to take serious action for instance, against persons who are found to lace crops with chemicals," she said.
Mrs. Chin Sue was addressing the weekly 'Think Tank' forum of the Jamaica Information Service (JIS) recently.
The legislation - the Pesticides (Amendment) Regulation 2004 - which was passed by both Houses of Parliament a year ago, will come into effect soon. It outlines the conditions for pesticides use by pest control operators and other pesticide applicators.
VIOLATION
Under the regulation, persons will be able to take action against those in violation of the law, as it outlines in detail, the sanctions to be meted out for the respective offences.
Mrs. Chin Sue said prior to the passing of the regulation, it was difficult to charge persons who breached the law. However, with the specific violations outlined under the amended regulation, the PCA along with affected persons could expedite the sanctions through a judicial process.
NEGLIGENT MANNER
For example, under the existing legislation if a person uses pesticides in a negligent manner that endangers humans or animals he/she is liable to be fined $35,000 or to be imprisoned for a term not exceeding five months," according to Mrs. Chin Sue.
Complaints filed with the PCA or the Consumer Affairs Commission will form the basis for monitoring offenders. "When a complaint is lodged against a pest control operator for example, this is the point we (the PCA) will come in and investigate the complaint and make an assessment," Mrs. Chin Sue stated.
Based on the assessment provided by the PCA, persons have the option to sue the pest control operator, who is required to have limited liability insurance to pay for all the damages that are caused to the client as well as property.
