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Proclamation No. 674-2010 Pesticide Registration and Control Proclamation

[Article] 33.  Penalties

1/ Any person who:

a) knowingly sells an unregistered pesticide or a pesticide whose registration has been suspended or cancelled;

b) knowingly sells obsolete pesticides;

c) knowingly sells pesticide in containers which do not comply with prescribed standards;

d) intentionally provides false information on any application, certificate, or other document refered under this Proclamation;

e) deceives or misleads an inspector, or tampers with a pesticide or its container such that a sample taken or submitted for analysis incorrectly represents the pesticide;

f) Intentionally adulterates a pesticide or sells or stores an adulterated pesticide;

g) disposes of any pesticide, pesticide waste, or pesticide container in a manner that may harm human or animal health or the environment or in any manner other than that prescribed in this Proclamation;

h) imports a pesticide without being in possession of a valid import permit issued by the Ministry pursuant to this Proclamation;

i) engages in any of the pesticide business activities listed in Article 15 of this Proclamation without having a certificate of competence;

j) stores, uses, or transports a pesticide except as prescribed in this Proclamation;

k) intentionally detaches, alters, defaces, or destroys any label on the container of a pesticide;

l) knowingly conceals information which subsequently leads to environmental or other damage;

m) advertises a pesticide in violation of sub-article (1) or sub-article (2) (a), (b), (c) or (e) of Article 19 of this Proclamation;

shall, unless a higher penalty is provided for in the Criminal Code, be punishable with rigorous imprisonment from five to ten years and fine from Birr 25,000 to Birr 50,000.

2/  Any person who:

a) fails to furnish information when requested by a pesticide inspector in the exercise of his official duties;

b) intentionally opens a store or a container of pesticide sealed by an inspector;

c) fails to comply with an order to provide information pursuant to Article 32 of this Proclamation;

d) advertises a pesticide in violation of sub-article (2)(d) of Article 19 of this Proclamation;

e) requires or permits an employee to apply a pesticide without providing safety equipment as prescribed in this Proclamation;

shall, unless a higher penalty is provided for in the Criminal Code, be punishable with imprisonment up to five years and fine from Birr 10,000 to Birr 30,000.

3/ Any person who knowingly releases information deemed proprietary or confidential under this Proclamation is punishable with imprisonment from one to three years and fine from Birr 20,000 to Birr 25,000.

4/ A court convicting a person of an offence may, in addition to the penalty provided for under sub-article (1), (2), or (3) of this Article, order:

a) forfeiture or destruction of any thing used in the perpetration of the offence or forfeiture of the proceeds of sale thereof; and

b) payment of compensation to any person who has suffered loss as a result of the offence, taking into account factors such as:

(1) extent of loss or injury to the person;

(2) the seriousness of the offence and the frequency of its occurrence; and

(3) pecuniary gains on the part of the offender.

5/  Where a person is convicted pursuant to this Article, the appropriate organ shall revoke his licence or permit related to pesticide

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