DEPARTMENT OF AGRICULTURE

FERTILIZER, FARM FEEDS, AGRICULTURAL REMEDIES AND STOCK REMEDIES ACT,

1947 (ACT No. 36 OF 1947)

1. Definitions

Words and phrases in these regulations shall have the meaning assigned hereto in the
Act, and unless the context otherwise indicates:

"the Act" means the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act,
1947 (Act No 36 of 1947);

“Aerial application registration” means the registration for the application of agricultural
remedies from helicopters or fixed-wing aircraft to manage weeds, insects and diseases
associated with agricultural or forestry production.

“Agriculture and Forestry registration” means the registration for the management of pests
associated with agricultural production and forestry production.

“Fumigation registration” means the registration for the management of pest in stored products,
marine; soil, structures, furniture or pallets.

“Grace period” means the calendar month after the closing date for the renewals within which the
applicants are still allowed to submit the renewals applications subject to the payment of the late
registration fee additional to the normal renewal application fee.

“Industrial Vegetation and Noxious Weeds registration” means the registration for the
management of weeds on industrial land, roads, power lines, railways and pipeline right-of-ways;
including the control of weeds designated as noxious on private or public land.

“Landscape registration” means the registration for the management of insects, diseases and
weeds of gardens, ornamental plantings and turf.

“Structural pest control registration” means the registration for the management of health and
nuisance pests (e.g. cockroaches, fleas, crickets, and other household pests) associated with
buildings, including all public buildings or private buildings.
“Wood Preservation registration” means the registration for the management of wood
destroying pests (e.g., termites and other wood destroying pests) in poles and timbers. “Wood
Preservation” includes Pole Treatment.

"pest control operator" means a person who is registered in terms of section 3(2) (c) of the Act;

“for reward” means that a person has been hired to do pest control for monetary consideration
and it excludes an employee who perform pest control for his employer in the employer’s property
(not for hire). Provided any employee who handles restricted-use agricultural remedies without the
direct supervision of a registered pest control operator must be registered as a pest control
operator.

“supervision” means that a registered pest control operator must be physically present at the
time and place where agricultural remedies are applied;

PART 1

REGISTRATION

2. Application for registration of pest control operators

(1) An application in terms of Section 3 (1) of the Act for the registration of a pest control
operator shall be submitted to the Registrar on a prescribed application form.

(2) Such application shall:

(a) be made by a person who is resident in the Republic and who complies with the
requirements referred to in paragraph (c);

(b) be made by a person who is at least 18 years of age.

(c) made by a person who:

(i) has at attained appropriate educational level of a minimum level 2 SAQA

qualification, or has successfully passed a relevant skills course, which is
accredited by AgriSETA or SETA or has a minimum level 4 SAQA
 qualification, which is accredited by relevant SETA in one or more of the
following fields:

(aa) Fumigation
(bb) Aerial application
(cc) Agriculture and Forestry
(dd) Industrial Vegetation and Noxious Weeds
(ee) Landscape
(ff) Wood Preservation, Including Pole Treatment:
(gg) Structural
(hh) any other relevant specialization;

(d) The application must be accompanied by the following:

(i) applicable application fee as prescribed from time to time.

(ii) certificate on any SAQA qualification from a relevant SETA accredited
service provider on the abovementioned fields;
(iii) a diploma/degree in biological field such as Entomology, Pathology, Crop
Protection, Weed Science, or any relevant qualification.
(iv) proof of practical experience i.e. at least six months for the fields (bb) – (hh)
and twelve months for the field (aa) practical experience. A person with the
abovementioned degree or diploma may be exempted from the requirement
of practical experience depending on prior expertise in the relevant field.

The abovementioned experience must be under the supervision of the

registered pest control operator in the field concerned. Experience must be
documented by the applicant on the prescribed proof of experience form.

(v) any other documents relating to the skill of the applicant concerned in the
administration of agricultural remedies and the handling of the appropriate
apparatus.
Provided that the applicants for aerial application licenses (pilot) must first meet all
requirements of the South African Aviation Authority to operate the equipment
described in all application.
3. Approval or Refusal of Applications

(1) The Registrar may after evaluation of the application for registration as a pest control
operator, approve or reject such application.

(2) If the Registrar approves the abovementioned application, he will issue the applicant with a
registration certificate.

(3) If the Registrar rejects the abovementioned application, he will provide the applicant with
reasons for his decision. In this regard, the applicant may in terms of regulation 8, appeal against
the decision of the Registrar.

4. Period of registration

(1) Subject to the provisions of section 4 of the Act, registration for pest control operator shall
be valid for a period of three years.

(2) The Registrar may if it is in the public interest, approves a particular application for
registration for a shorter period of validity as may be indicated on the certificate of registration
concerned.

5. Renewal of registration

(1) Registrations of pest control operators will be renewed every third year.

(2) An application for the renewal of the registration shall be submitted to the registrar on a
prescribed form for that purpose or on a clearly legible facsimile thereof.

(3) Such application shall be:

(a) made by a person who is a registered pest control operator.

(b) accompanied by:

(i) the copy of the registration certificate of applicant;

(ii) the applicable application fee;
(iii) the medical form duly completed by registered occupational health
practitioner (s);
 (iv) proof of continual education training and/or information obtained with regard
to safety issues on the usage of agricultural remedies;
(v) copies of records to be kept by a registered pest control operator as
prescribed in regulation 13.

(4) The closing dates for the submission of renewal applications are the 31st March, 30th April,
31st May, 30th June, 31st July or 30th August depending on the first alphabetical letter of the
applicants’ surname as indicated bellow:

(a) March- A; B; C; D;
(b) April – E; F; G; H;
(c) May – I; J; K; L;
(d) June- M; N; O; P;
(e) July- Q; R; S; T; U;
(f) August- V; W; X ;Y ;Z.

(5) An application made in terms of regulation 5(2) which:

(a) is received by the Registrar after the closing dates as indicated in subregulation 5
(4) above, shall be considered only if the applicable application fee is also be
accompanied by the applicable additional late application fee or

(b) is received by the Registrar after the grace period, shall not be considered and
therefore the registration concerned shall lapse. The pest control operator whose
registration has lapsed in terms of this paragraph must make a new application for
registration to the Registrar for his consideration. However, the fact that such pest
controller had previous registration does not guarantee that such application will
again be acceptable for registration.

6. Refusal, Revocation, and Suspension of Registration.

A registered pest control operator may have his application for renewal refused, or his registration
revoked, or suspended by the Registrar for any of the following:

(a) failure to adequately supervise the use of a agricultural remedies;

(b) failure to comply with any applicable provision of these regulations;

 (c) making any false or fraudulent record or report;

(d) failure to apply agricultural remedies according to label registrations;

(e) using banned substances or unregistered products;

(f) mixing of cocktails of any nature other than the registered and approved mixes;

(g) failure to comply with the Occupational Health and Safety Act [OHSA], 1993 (Act
No. 85 of 1993) and Hazardous Chemicals Substances Act; 1973 (Act No. 15 of
1973) or

(h) failure to issue treatment notice prior to application of agricultural remedies and also
keeping records.

7. Return of certificate of registration

A certificate of registration which is returned in terms of section 4A (3) of the Act shall reach the
Registrar;

(a) within 14 days of the date on which:

(i) the person to whom the certificate of registration in question was issued,
was notified in terms of section 5 of the Act in writing of the reasons for the
cancellation of such registration; or
(ii) the registration of a pest control operator concerned has lapsed in terms of
section 4A (2A) or (2B) of the Act, as the case may be.

8. Submission of appeals

(1) An appeal in terms of section 6 of the Act shall be submitted to the Director-General:
Agriculture; Forestry and Fisheries within 60 days of date of which the reasons for the decision
against which is appealed, were furnished in terms of section 5 of the Act.

(2) Such appeal shall:

 (a) be in the form of a written statement which is sworn to or attested by a
commissioner of oath;

(b) state the reference number and date of the document by means of which such
applicant or person was notified of that decision;

(c) state the grounds on which the appeal is based;

(d) be accompanied by the documents relating to the subject of the appeal and;

(e) be accompanied by the applicable fee.

(3) If such appeal is submitted by a person other than the person against whom the decision
has been made, such appeal shall be accompanied by a statement in which the person concerned
discloses his interest in that decision or action.

(4) The amount referred to in subregulation (2) (e) shall be paid by cheque, postal order or
money order made out in favour of the Director-General: Agriculture, Forestry and Fisheries:
Provided that if the appeal concerned is delivered by hand, such amount may be paid in cash.

9. Address for submission of appeals

An appeal referred to in regulation 8(1) shall:

(a) when forwarded by post, be addressed to the Director-General, Department of

Agriculture, Forestry and Fisheries, Private Bag x343, Pretoria 0001; and

(b) when delivered by hand, be delivered to the Director-General, Department of

Agriculture, Forestry and Fisheries, Agriculture Place, 20 Beatrix Street, Pretoria.
PART II

PEST CONTROL OPERATORS

10. Skills

(1) A pest control professional shall be skilled in the following areas:

(a) Appropriate procedures for the application of agricultural remedies including but not
limited to the following:

(i) knowledge of various formulations of agricultural remedies and proper

methods of application;
(ii) the relationship of agricultural remedies application to proper use,
unnecessary use, and misuse;
(iii) knowledge of the calibration of sprayers.

(b) Label and labelling comprehension, including but not limited to the following:

(i) the general format and terminology of agricultural remedies labels and
labelling;
(ii) understanding instructions, classifications, warnings terms, symbols, and
other information commonly appearing on agricultural remedies labels;
(iii) understanding the requirements of agricultural remedies use consistent with
the label including the of recommended doses given on the label.

(c) Pest identification and pest management, including but not limited to the following:

(i) knowledge of general insect ,disease, and weed characteristics used for
identification;
(ii) integrated pest management and its techniques

(d) Safety factors including but not limited to the following:

(i) agricultural remedies toxicity and common routes of exposure;

(ii) precautions necessary to prevent injury to applicators and other individuals,
including the appropriate use of protective clothing and equipment;
 (iii) symptoms of agricultural remedies poisoning;
(iv) first aid and means of obtaining emergency medical treatment in case of an
accident.

(e) The potential environmental consequences of the use and misuse of agricultural
remedies as they may be influenced by such factors as environmental fate of
agricultural remedies and their effect on non-target organisms.

(f) Applicable bylaws and national laws and regulations.

(2) The Registrar may request a pest control operator to do a test at the time and place which
he may determine to ascertain the following:

(a) whether such pest control operator has the skill as contemplated in subregulation
(1); and

(b) whether the knowledge of the applicable provisions of the Act and of the applicable
codes of practice for the use of agricultural remedies, as compiled by the South
African Bureau of Standards, is sufficient to be in the public interest for applicant be
registered.

11 Application of Agricultural Remedies

(1) The pest control operator must issue a treatment notice before applying any agricultural
remedies. A pre - treatment notice must contain all of the following information:

(a) a description of the area to be treated;

(b) name of the targeted pest;

(c) name of the agricultural remedies to be used, its active ingredient(s) and its
registration number;

(d) proposed date and start time, and proposed alternate dates and times, of the
agricultural remedies use;
 (e) name and registration number of the pest control operator and a phone number at
which the pest control operator can be reached for more information about the
proposed agricultural remedies use;

(f) the hazards associated with agricultural remedies intended to be used; and

(g) precautions that should be taken to minimize exposure to agricultural remedies or

its residues, including a statement that indicates the period following the use during
which people should not enter the treated area (re-entry period); and if fruit-bearing
trees or other food crops are treated, the number of days before food can be
harvested safely.

(2) A pest control operator must provide the abovementioned treatment notice at least 72
hours prior to a proposed agricultural remedies use.

(a) For fumigation and wood preservation, the pre - treatment notice must be given to
the occupants of the living accommodations (including the owner or manager of the
building) in case.

(b) For Aerial application; Agriculture and Forestry, Industrial Vegetation and Noxious
Weeds; and Landscape; the pre - treatment notice must be given to the occupants
adjacent (within five kilometer radius) to the treated area such as schools, other
public areas and residential area.

(3) A treatment notice must be in the format of a sign of at least 550 cm2 in size (a letter size
sheet of paper). The sign must:

(a) be constructed of water resistant material if the notice may be exposed to water,

(b) be in type or letters that are clearly legible to a person approaching the treatment
area;

(c) contain a cautionary symbol (such as a stop sign or raised hand) that will draw the
attention of a person approaching the treatment area; and

(d) display, in bold block letters, the words “NOTICE OF AGRICULTURAL REMEDIES
USE”
(4) Treatment notices must be posted so that the notice is clearly visible and will provide notice
of the agricultural remedies use to any person approaching the treatment area and must not be
removed by the pest control operator for 48 hours after the agricultural remedies use.

(5) In the case of the notice furnished verbally, such notice must be confirmed in writing within
three days after the administration. Such confirmation must be done in accordance with sub-
regulation 1 above.

(6) The pest control operator must ensure that agricultural remedies are used (including the
use in the workplace) in accordance with approved label and with good application practice. Such
agricultural remedies must be registered in terms of the Act and labelled by the manufacturer as
required by the Act.

(7) The pest control operator must make readily available to workers the Material Safety Data
Sheet (MSDS) or its written equivalent for all agricultural remedies used at the workplace.

(8) The pest control operator must ensure that equipment used to mix, load or apply
agricultural remedies is:

(a) constructed of materials which are chemically compatible with the agricultural
remedies in use if contact with the agricultural remedies is likely to occur;

(b) operated only by trained persons;

(c) used in accordance with instructions from the agricultural remedies supplier;

(d) maintained in a safe operating condition;

(e) cleaned, repaired and maintained by workers who have been adequately instructed
in safe work procedures; and

(f) in a safe condition before maintenance or repair work is carried out, including
welding operations.

(9) The pest control operator must ensure safe application of agricultural remedies. In this
regard, the pest control operator must ensure that:
 (a) agricultural remedies are applied in a manner that controls the risk of adverse
health effect or injury to any person;

(b) before agricultural remedies are applied, all workers in the area that is to be treated
and who are not required for the application of agricultural remedies are moved to a
safe location; and

(c) if practicable, the schedule for the agricultural remedies application in a building is
at the time when the building is unoccupied.

(10) Before using Extremely Hazardous (class 1a, Red Band Product), Highly Hazardous (class
1b Red Band Product) and moderately Hazardous (class 11, Yellow Band product) agricultural
remedies is applied the pest control operator must ensure that:

(a) warning signs are visibly posted at normal points of worker entry to the area to be
treated, and

(b) if agricultural remedies are applied in an enclosed space, all entrances to the space
are secured to prevent unauthorized persons from entering.

(11) A pest control operator must ensure that all reasonable precautions are taken to prevent
the drift or spread of agricultural remedies from a treated area. If agricultural remedies under the
control of an pest control operator has drifted or spread to a non-targeted area, the pest control
operator must:

(a) notify the adjacent occupants of the following:

(i) identity of the agricultural remedies,

(ii) nature of its harmful characteristics, and
(iii) precautions required for the safety of people, environment or crops.

(b) in the case of the drift, take all reasonable steps to

(i) identify the agricultural remedies and advise any persons who may be
exposed to it of the nature of the agricultural remedies, its harmful
characteristics and the precautions required for safety, and
 (ii) ensure that any hazards to persons from exposure to the agricultural
remedies are eliminated or controlled.

(12) A person who use agricultural remedies must stores and dispose such agricultural
remedies in a manner that minimizes hazards to human health and the environment and in
accordance with the requirements of the Handling, Storage and Disposal of Agricultural remedies
(SANS 10260: 2007).

12 Responsibilities of pest control operators

(1) A registered pest control operator who functions in a supervisory role shall be responsible
for the actions of a pest control operator (s) under his/her instruction or management.

(2) The registered pest control operator shall be physically present to supervise the application
of agricultural remedies by an unregistered pest control operator(s)

(3) The pest control operator must:

(a) know about applicable safe use requirements specified in regulations and on the
agricultural remedies labeling;

(b) ensure that person working under his supervision is 18 years of age or over;

(c) inform the people working under his supervision, in a language such person
understands, of the following:

(i) the specific agricultural remedies being used,

(ii) agricultural remedies safety hazards,
(iii) the personal protective equipment and other equipment to be used,
(iv) work procedures to be followed,
(v) agricultural remedies safety regulations applicable to all activities they may
perform;
(vi) provide a safe work place for people under his supervision and require
employees to follow safe work practices; and
(Vii) take all reasonable measures to assure that employees handle and use
agricultural remedies in accordance with the requirements of Occupational
 Health and Safety Act, 1993 (Act No. 85 of 1993) and agricultural remedies
product label.

13 Records to be kept

(1) A registered pest control operator or business which instructs a pest control operator to
administer an agricultural remedy shall in respect of each separate administration of an agricultural
remedy, keep comprehensive records of:

(a) the name and address of the owner or person in charge of the place where
agricultural remedies was administered;

(b) The name and registration number of the pest control operator who used or
supervised the use of the agricultural remedies

(c) the place where such administration was performed including the physical address
of such place;

(d) the size, expressed in cubic metres, square metres or hectares, as the case may
be, of such a place;

(e) trade name of agricultural remedies used with L registration number;

(f) the purpose for which such place was treated and, if applicable, the crop grown
thereon or the commodity kept therein at the time of the administration concerned;

(g) the approximate extent to which the place, crop or commodity was infected with the
pest concerned at the time of the administration concerned;

(h) the date and time on which the administration concerned was done;

(i) for each agricultural remedy used, the method and rate of application and total the
quantity used;

(j) measures taken to prevent exposures to non - target areas;

(k) the type of apparatus used for the administration concerned;
 (l) advice given to the owner or manager of the treatment area, including safe re-entry
time, the number of days before a can be harvested safely (where applicable), and
any additional precautions that should be taken to minimize exposure to the
agricultural remedies;

(m) the particulars of which the owner or person referred to in paragraph (a) was
notified in terms of section 10 (1) of the Act: Provided that a copy of the written
notice referred to in section 10 (2) of the Act may be attached to the particulars to
be recorded in terms of this subregulation; and

(n) if applicable:

(i) any spillage of the agricultural remedies concerned which occurred during
the administration concerned;
(ii) any case of poisoning of a person or animal resulting from the
administration concerned; and
(iii) any complaint received in connection with the administration concerned.

(2) The documents in which the particulars referred to in subregulation (1) are recorded, shall
be preserved at the address of the registered pest control operator or business referred to in
subregulation (1), or at such other place as may on application be approved by the Registrar, for at
least two years after the day on which the administration concerned was made for general pest
control and 5 years or the period of guarantee expressed on a guarantee certificate for termite
proofing: Provided that if a complaint was received in connection with such administration, the
records in respect thereof shall not be destroyed within two years after the date of such complaint.

PART III

GENERAL

14. Offences and penalties

Any person who refuses or fails to comply with the provisions of these regulations shall be guilty of
an offence and liable on conviction to a fine or imprisonment or to both such fine and imprisonment
as per section 18 of the Act.
15. Payment of fees

(1) The postage on and delivery costs of any application or document submitted in terms of
these regulations, as well as on or of anything else pertaining thereto, shall be paid by the
applicant.

(2) Any fee payable in terms of these regulations shall be paid by means of a cheque, postal
or money order made out in favour of the Director-General: Agriculture, Forestry and Fisheries or
electronic transfer: Provided that if such fee is delivered by hand, it may be paid in cash.

For electronic payments, the applicant must use one of the following reference numbers together
with the applicant’s full names and registration number where applicable:

(a) 16 PC 1 for new applications;

(b) 16 PC 2 for renewal applications; and

(c) 16 PC 1 for duplicate certificates

(3) Fees which are paid in terms of these regulations shall subject to section 6
of the Act, not be refundable.

16. Address for submission of documents

Any application or document or anything else pertaining thereto, which is required in terms of
these regulations to be submitted to the Registrar shall:

(a) when forwarded by post, be addressed to;

The Registrar: Act No. 36 of 1947, Private Bag X343, Pretoria, 0001.

(b) when delivered by hand; be delivered to:

The Registrar: Act No 36 of 1947, 20 Beatrix Street, Agricultural Place,
Room LA GF - 08