Repealing the Sale Requirements for Prescribed Pesticides
Manitoba Regulation 181/2022
On December 21, 2022 the Acting Minister of Environment, Climate and Parks for Manitoba amended the Non-Essential Pesticide Use Regulation (181/2022) by repealing section 3, the Sale Requirements for Prescribed Pesticides.
Prescribed Pesticides are defined as “…every herbicide is a prescribed pesticide, unless it is an allowable pesticide.” Herbicide is defined as “a chemical or biological agent or other product or substance registered under the Pest Control Products Act (Canada) that is manufactured, represented or used as a means for destroying, preventing, controlling or mitigating weeds or other plant life.”
The sale requirements included:
- A person selling a prescribed pesticide must met the following conditions: (a) before, the pesticide is sold, it is located or secured in a manner that prevents it from being accessed directly by the public; (b) the seller makes reasonable inquiries and is satisfied that the purchaser intends to use the pesticide for a purpose and in a manner that is permitted under the Act; (c) the purchaser is given information specified by the director about the circumstances under which the pesticide may be used.
- A person who sells a prescribed pesticide must keep records that set out: (a) the name and registration number under the Pest Control Products Act (Canada) for every prescribed pesticide sold; and (b) the number of units of each prescribed pesticide sold, based on container size.
- A person who sells a prescribed pesticide must maintain the records kept under subsection (2) for a five-year period and provide the records to an environment officer on request.
- The sale requirements do not apply to a person who holds a valid pesticide dealer license issued under the The Pesticides and Fertilizers Control Act (Manitoba).
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