Federal Act of 5 July 1990 on the Trade in Plant Protection Products (Plant Protection Products Act - PMG).
Country
Type of law
Legislation
Abstract
The present Act sets out detailed requirments for sale, import and other ways of trade of pesticides (with certain exceptions). It is to be noted that: (a) "integrated plant protection" is a definition which is used several times in the present Act; it means plant protection with priority to biotechnical and biological measures and limited use of pesticides (sect. 1(6)); (b) the definition of "pesticide" is quite corresponding to the one laid down by the International Code of Conduct on the Distribution and Use of Pesticides, as adopted by the FAO Conference in 1985. Pesticides may only be traded if: (a) they are registered; (b) their structure and composition are indicated; and (c) they are packed and labelled in conformity with the provisions of this Act (sect. 4). The Minister of Agriculture and Forestry will enact further regulations regarding pesticides used for scientific purposes (sect. 3(2)). He may also issue further directives on packing and labelling, for which detailed requirements are also set out in the present Act (sects. 14 and 15). Either the manufacturer, the importer or the trader may apply for "admission of the pesticide to the market" with the Ministry. The Ministry shall grant registration if the pesticide: (a) is sufficiently effective, also with regard to measures of integrated plant protection; (b) is not harmful to public health, more specifically to foodstuffs and drinking water; (c) is not harmful to environment; and (d) is not harmful to protected lands (sect. 8). As far as registration is concerned the Act regulates in detail ministerial consultation and decision, duration, transfer, renewal and withdrawal of the admission. Testing of the documentation submitted together with the application has to conform to international standards and sections 37, 38 and 40 of the Chemical Act (sect. 6).
The Ministry may enact further regulations on special admissions, if required by conditions of public health or environment (Part 2, sect. 6(7)). Import of pesticides can only be carried out by a holder of an admission or an authorized representing trader. The customs office shall check on imported pesticides (Part 6, sect. 23). The Act also provides for the establishment of a register for admitted pesticides. The register is partly public, partly secret (Part 3, sect. 16). At the beginning of each year a list of pesticides admitted in the previous year is published by the Federal Office for Plant Protection (sect. 17). Section 18 is dedicated to advertisement of pesticides. Supervision of the law shall be carried out by the Ministry. The Ministry, however, may authorize certain public bodies to carry out controls. The composition may be tested by the Federal Office for Plant Protection. Irregular pesticides may be seized temporarily (sects. 24 and 25) or definitively (sect. 32).
The Ministry may enact further regulations on special admissions, if required by conditions of public health or environment (Part 2, sect. 6(7)). Import of pesticides can only be carried out by a holder of an admission or an authorized representing trader. The customs office shall check on imported pesticides (Part 6, sect. 23). The Act also provides for the establishment of a register for admitted pesticides. The register is partly public, partly secret (Part 3, sect. 16). At the beginning of each year a list of pesticides admitted in the previous year is published by the Federal Office for Plant Protection (sect. 17). Section 18 is dedicated to advertisement of pesticides. Supervision of the law shall be carried out by the Ministry. The Ministry, however, may authorize certain public bodies to carry out controls. The composition may be tested by the Federal Office for Plant Protection. Irregular pesticides may be seized temporarily (sects. 24 and 25) or definitively (sect. 32).
Attached files
Long title of text
Federal Act on trade in pesticides.
Date of text
Repealed
Yes
Serial Imprint
Bundesgesetzblatt für die Republik Österreich, Text No. 476, 31 July 1990, pp. 3205-3219.
Publication reference
FAL No. 40, 1991, pp. 15 and 16.
Source language
English
Legislation Amendment
No
Original title
Bundesgesetz vom 5. Juli 1990 über den Verkehr mit Pflanzenschutzmitteln (Pflanzenschutzmittelgesetz – PMG).
Repealed by