Hazardous Chemicals and Pesticides Control and Management Act (No. 12 of 1994).

The Act provides for the establishment of the Chemicals and Pesticides Control Management Executive Council which shall be responsible for the registration, control and management of all hazardous chemicals and pesticides. In particular, the Executive Council shall: (a) monitor and control the import, manufacture, distribution, storage, and disposal of chemicals and pesticides in The Gambia and to this end collect, maintain and publish statistical and other information relating thereto; (b) prepare guidelines on the environmentally sound handling and use of chemicals and pesticides; (c) register pesticides, issue provisional clearances certificates and permits; (d) control the import, manufacture, sale, storage, and use of chemicals and pesticides through licensing. The Executive Council shall be composed of representatives from the National Environment Agency, the Agricultural Services, the Agricultural Research Institute, the Livestock Services, the Health Services, the Customs and Excise, the Solicitor General and Legal Secretary, the Chamber of Commerce and Industry, the Registrar of Chemicals and Pesticides who shall serve as Secretary. The Registrar of Chemicals and Pesticides shall serve under the direction of the Executive Council and shall perform inter alia the following duties: (a) maintain and publish periodically a register of pesticides stating registered, provisionally cleared, restricted and banned pesticides; (b) maintain and publish periodically a register of all chemicals stating registered, provisionally cleared, restricted and banned chemicals; (c) issue licences, certificates of registration and provisional clearance as directed by the Executive Council; (d) maintain registers of manufacturers, importers, distributors and commercial applicators of pesticides and chemicals; (e) implement international notification schemes relating to chemicals and pesticides including the Prior Informed Consent Procedure. It is to be noted that, for the purposes of this section, "Prior Informed Consent" means the principle that a chemical or pesticide banned or severely restricted for health or environmental reasons should not be shipped in international trade without the agreement of the importing country. A Chemicals and Pesticides Control and Management Fund, established under the Act shall be administered by the Executive Council. All fees and fines payable under this Act, disbursements from Government and funds from other sources for the purpose of chemicals and pesticides control and management shall be paid into the Fund.
As concerns registration of pesticides and chemicals, no person shall import, manufacture, formulate, offer, advertise any chemical or pesticide which has not been registered, provisionally cleared, or authorized in accordance with the provisions of this Act.
The Executive Council shall consider the application submitted and if it is satisfied after any inquiry, investigation, test or analysis of the chemical or pesticide, provisionally clear the chemical or pesticide or register or reject the application. In making its decision the Executive Council shall be guided, among other considerations, by whether all matters submitted with the application are true in all material particulars; the label is not misleading and complies with the provisions of this Act, the chemical or pesticide which is the subject of the application has not been registered under this Act, the use of the chemical or pesticide has not been restricted or banned in other countries.