16 November 2011 CHEMSKY Limited has been convicted on two counts of selling a pesticide without an approved label. This is contrary to Regulation (7)(1) and Regulation 16 of the Pesticides and Toxic Substances Regulations Statutory Instrument No. 20 of 1994 of the Laws of Zambia. This ruling was made on November 11, 2011. Facts before the court are that on January 5 2011, Zambia Environmental Management Agency (formerly Environmental Council of Zambia) received information to the effect that the accused, Chemsky Limited, did sell a pesticide namely Termidan EC with a label which was not approved by Zambia Environmental Management Agency (ZEMA). The offence , is alleged to have been committed between January 5, 2011 and April 14, 2011 and between April 16, 2011 and May 23, 2011 respectively at Lusaka. ZEMA public relations manager Ireen Lungu said in a statement in Lusaka yesterday that Inspectors from ZEMA undertook investigations to ascertain the information received which included an interview with a representative of the company, who could not give a satisfactory reply as to why the company was selling a chemical product namely Termidan EC without an approved label. ZEMA also reviewed documents relating to approved labels vis-à-vis the accused company and found no supporting documentation for the accused company to deal in the pesticide in that form. The Agency then instituted criminal proceedings in accordance with section 90 of the Criminal Procedure Code Chapter 88 of the Laws of Zambia. Based on own admission by Chemsky Limited, the accused was convicted and ordered to undertake obligations, among others, to recall all the Termidan EC products on the Zambia Market bearing the Chemsky Limited trade label. The company was also asked to dispose of all the recalled products in consultation with ZEMA. It was also not allowed to engage in the distribution of the Termidan EC with active ingredient Chlorpyrifos products anywhere in Zambia bearing the Chemsky trade label. The organisation was also asked to keep a record of all recalled products, their status and fate where any product was recalled and shall avail the said report to ZEMA when requested. “The company must also ensure that dealing in chemicals in general and distribution of chemicals in particular is conducted in accordance with the provisions of the Environmental Management Act No. 12 of 2011 and the Subsidiary legislation thereof. “In view of the above mentioned, ZEMA wishes to warn the general public and chemical traders in particular that it is an offence to trade in Termidane (Active Ingredient: Chlorpyrifos) for pre-construction termite control or any unregistered pesticide or toxic substance. The general public is further, advised to read all chemical Labels very carefully and demand for a copy of the quality analysis certificate before making any transaction,” Ms Lungu said. She advised the general public to inform ZEMA of any suspicious looking chemical products to safeguard the environment and human health. Be the first to Write a Comment ! More News on allAfrica.com Powered By WizardRSS.com | Full Text RSS Feed | Amazon Plugin | Settlement Statement
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Court Convicts Pesticide Dealer Over Label
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