Hazardous Substances and New Organisms Act 1996
XII: Transitional Provisions
166. Labelling---(1) No person shall sell any pesticide otherwise than
in a container to which is attached a label that has been approved by
(2) No person shall alter or modify any label approved under this
section otherwise than with the approval of the Authority.
(3) No person shall remove or deface any label approved under this
section and attached to any container of the pesticide otherwise than in
accordance with any directions of the Authority.
(4) No person shall apply or otherwise use any pesticide in
contravention of, or otherwise than in accordance with, any mandatory
direction required to be shown on any label before the date of
commencement of this Act in accordance with section 38 (1) (e) of the
Pesticides Act 1979.
(5) When the Authority is satisfied that any label is in conformity
with the provisions of this Part of this Act, it shall notify the
proprietor in writing that the label has been accepted.
(6) Where, before the date of commencement of this Act, any label had
been accepted under section 38 of the Pesticides Act 1979, that label
shall be deemed to be approved by the Authority in relation to the
pesticide to which it relates in accordance with the same terms and
conditions on which it was accepted under that Act.
(7) The Authority (in consultation with the Minister of Agriculture
and the Minister of Forestry) may withdraw its approval of any label and
approve another label in respect of a pesticide by giving notice in
writing to the proprietor of that pesticide.
(8) Where, before the date of commencement of this Act, any person had
(a) Registration of a pesticide under the Pesticides Act 1979; or
(b) A permit under section 25 of the Pesticides Act 1979---
but no label had been approved in respect of that pesticide under
section 38 of that Act, the approval of any such label may be continued
and determined in all respects (including any subsequent right of
appeal) under the Pesticides Act 1979 as if this Act had not been
(9) The granting or declining of an application to which subsection
(8) of this section applies shall constitute the granting or declining
of an application by the Authority for the purposes of this Part of this
Act, notwithstanding that all the requirements of this Part or of Part
XI of this Act in relation to that application and determination may not
have been complied with.
Cf. 1979, No. 26, s. 38