ORDINANCE
OF THE STATES OF DELIBERATION
ENTITLED
The Poisonous Substances Ordinance, 1962 *
[CONSOLIDATED TEXT]
NOTE
This consolidated version of the enactment incorporates all amendments
listed in the footnote below. However, while it is believed to be accurate
and up to date, it is not authoritative and has no legal effect, having been
prepared in-house for the assistance of the Law Officers. No warranty is
given that the text is free of errors and omissions, and no liability is
accepted for any loss arising from its use. The authoritative text of the
enactment and of the amending instruments may be obtained from Her
Majesty's Greffier, Royal Court House, Guernsey, GY1 2PB.
© States of Guernsey
* Recueil d'Ordonnances Tome XIII, p. 140; as amended by the Uniform Scale of Fines
(Bailiwick of Guernsey) Law, 1989 (Ordres en Conseil Vol. XXXI, p. 278); the Poisonous
Substances (Amendment) Ordinance, 1963 (Recueil d'Ordonnances Tome XIII, p. 320); the States
Civil Service Board (Implementation) Ordinance, 1964 (Recueil d'Ordonnances Tome XIV, p. 4);
the Poisonous Substances Ordinance, 1967 (Recueil d'Ordonnances Tome XV, p. 13); the Poisonous
Substances (Amendment) Ordinance, 1968 (Recueil d'Ordonnances Tome XV, p. 268); the
Poisonous Substances (Amendment) Ordinance, 1969 (Recueil d'Ordonnances Tome XVI, p. 8); the
Poisonous Substances (Amendment) Ordinance, 1970 (Recueil d'Ordonnances Tome XVI, p. 361);
the Poisonous Substances (Amendment) Ordinance, 1972 (Recueil d'Ordonnances Tome XVIII, p.
57); the Poisonous Substances (Amendment) Ordinance, 1980 (Recueil d'Ordonnances Tome XXI,
p. 433); the Transfer of Functions Ordinance, 1991 ((Recueil d'Ordonnances Tome XXV, p. 328));
the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003 (No. XXXIII of
2003). See also the Health and Safety at Work (General) (Guernsey) Ordinance, 1987 (Recueil
d'Ordonnances Tome XXIV, p. 162); the Health and Safety (Fees) Order, 1994 (G.S.I. No. 8 of
1994); the Board of Employment, Industry and Commerce (Transfer of Functions) Ordinance, 1996
(No. XXXI of 1996).
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ORDINANCE
OF THE STATES OF DELIBERATION
ENTITLED
The Poisonous Substances Ordinance, 1962
ARRANGEMENT OF SECTIONS
PART I
Interpretation
1. Interpretation.
PART II
Poisonous Substances
2. Poisonous substances.
PART III
Safety of employees
3. Application of Part III.
4. Operations prohibited except when protective clothing is worn.
5. Greenhouses.
6. Provision and maintenance of protective clothing.
7. Miscellaneous obligations relating to employers.
8. Miscellaneous prohibitions and obligations relating to protected workers.
9. Repair of apparatus.
10. Keeping of a register.
11. Restriction on hours of work.
12. Notification of sickness and of absence.
13. Instruction and supervision of protected workers.
14. Prohibition of employment of persons under eighteen years.
15. Certificates of exemption.
16. Poisonous substances not in sealed containers.
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17. Notification of accidents.
18. Medical examination of persons regularly employed to work on scheduled
operations.
19. First-Aid.
20. Fire precautions.
PART IV
Spraying contractors
21. Spraying contractor's licence.
22. Insurance.
23. Accommodation in vehicles for poisonous substances, clothing and
apparatus.
24. Examination of apparatus.
25. Prohibition and restriction of use of defective apparatus.
PART V
Miscellaneous
26. Importation of poisonous substances.
27. Use of, and disposal of, empty containers.
28. Duties of medical practitioners and veterinary surgeons.
29. Investigation of cases of poisoning or suspected poisoning of any person,
livestock or crops.
30. Powers of inspectors.
31. Provisions as to samples.
32. Powers of the Committee in relation to crops intended for sale for
consumption.
33. Offences in relation to the sale etc. of crops treated with poisonous
substances.
34. ...
35. ...
36. Precautions and warnings in cases where poisonous substances are applied in
the form of a dust, smoke or spray.
PART VI
Offences, penalties and legal proceedings
37. Offences by employers.
38. Offences by protected workers.
39. Offences by spraying contractors.
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40. Falsification of records, etc.
41. Penalties.
42. Power of Court to order the cause of a contravention to be remedied.
43. Penalties on persons actually committing offence for which others are liable.
44. Defence available to persons charged with offences.
45. Service and sending of documents.
PART VII
Repeal, application, citation and commencement
46. Repeal.
47. Application.
48. Citation and commencement.
FIRST SCHEDULE Substances declared to be substances which are
harmful to human beings, animals or anything grown
on land.
SECOND SCHEDULE Poisonous substances in relation to which the
provisions of Part III of this Ordinance apply.
THIRD SCHEDULE Scheduled operations.
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(Made on the 25th July, 1962.)
The Poisonous Substances Ordinance, 1962
THE STATES, in exercise of the powers conferred on them by the Health,
Safety and Welfare of Employees Law, 1950, and by section two and section eight
of the Poisonous Substances (Guernsey) Law, 1958, and of all other powers
thereunto them enabling and in pursuance of their Resolution of the twenty-second
day of April, nineteen hundred and fifty-nine, hereby order: –
PART I
Interpretation
Interpretation.
1. (1) In this Ordinance, unless the context otherwise requires, the
following expressions have the meanings hereby respectively assigned to them, that
is to say –
[ "aerosol" means a spray the majority of the particles of which are
less than eighty microns in diameter,
"aerosol dispenser" means a spraying-apparatus so constructed as to
release an aerosol,]
"aerosol dispenser" means a spraying apparatus so constructed that
the majority of the particles of the spray released therefrom are less than
eighty microns in diameter,
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"agriculture" includes dairy-farming, the production of any
consumable produce which is grown for sale or for consumption or other use
for the purposes of a trade or business or of any other undertaking (whether
carried on for profit or not) the production of any ferns, flowers and bulbs
which are grown for sale, and the use of land as grazing, meadow or pasture
land or orchard or osier land or woodland or for market gardens or nursery
grounds, and "agricultural" shall be construed accordingly,
"agricultural unit" means land which is occupied as a unit for
agricultural purposes,
"authorised medical practitioner", "authorised pharmacist" and
"authorised veterinary surgeon" mean a medical practitioner, a pharmacist
or a veterinary surgeon, as the case may be, authorised to practise as such in
the Island according to the law for the time being in force,
"bulbs" includes corms, rhizomes and tubers but does not include
potato tubers,
"the Committee" has the meaning assigned to it by section one of
the Poisonous Substances (Guernsey) Law, 1958,
"consumable produce" means produce grown for consumption or
for other use after severance from the land on which it is grown,
"contravention" includes, in relation to any provision, a failure to
comply with that provision and the expression "contravene" shall be
construed accordingly,
"dust-mask" means a filtering apparatus so designed as to eliminate
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so far as practicable the risk of pollution, by liquid and solid particles
containing a poisonous substance, of the air breathed by the person wearing
it,
"employer" means the employer of a protected worker,
"eye-shield" means a shield so designed as to protect the eyes from
being splashed by a poisonous substance,
"face-shield" means a shield covering the whole of the forehead and
face, so designed as to protect the forehead and face from being splashed by
a poisonous substance,
[ "granule placement" means the process whereby a poisonous
substance in granular form is deposited on or in the soil or on plants,
"granule placement apparatus" includes any apparatus or device
through or by means of which granule placement is carried out,]
"greenhouse" includes any enclosed building or erection in which
plants are grown,
"ground-crop" means any crop grown in the ground and includes the
plant on which the crop is grown, but does not include bushes, climbing
plants, or trees or the crops grown thereon,
"hood" means a hat or other covering to the head, so designed as to
protect the forehead and back and sides of the neck, and, when required by
this Ordinance to be worn in connection with the use of a poisonous
substance containing dinoseb or DNOC, not so coloured that the presence of
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the stains thereof is not clearly visible,
"inspector" means a person appointed by [the States [Policy
Council]] to execute and perform the powers and duties of an inspector
under this Ordinance,
"the Island" means the Island of Guernsey,
"livestock" means bulls, cows, oxen, heifers, calves, sheep, goats,
swine, horses, asses, mules, dogs and any other domestic animals and
poultry,
[ "mackintosh" means a waterproof coat covering the whole of the
body except the head, the hands and below the knees, and when required by
this Ordinance to be worn in connection with the use of a poisonous
substance in granular form, having all external pockets covered,]
"maintained" means maintained in an efficient state, in efficient
working order and in good repair,
[ "overall" means an overall with fastenings at the neck and wrists
covering all clothing other than headgear, footwear and gloves, and when
required by this Ordinance to be worn in connection with the use of –
(a) a poisonous substance containing dinoseb or DNOC,
not so coloured that the presence of the stains thereof
is not clearly visible,
(b) a poisonous substance in granular form, having all
external pockets covered,]
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"plant" includes any form of vegetable life,
"poisonous substances" has the meaning assigned to it by section
two of this Ordinance,
"poisonous substance in capsule form" means a poisonous
substance prepared in such manner that it is completely isolated by some
substance that is not poisonous from a person handling the capsule,
[ "poisonous substance in granular form" means a preparation –
(a) which consists of absorbent mineral or synthetic solid
particles impregnated with a poisonous substance, the
size of the particles being such that not more than four
per centum by weight of the preparation is capable of
passing a sieve with a mesh of two hundred and fifty
microns, and not more than one per centum a sieve
with a mesh of one hundred and fifty microns,
(b) which has an apparent density of not less than four
tenths of a gramme per millilitre if compacted without
pressure, and
(c) not more than twelve per centum of which by weight
consists of a poisonous substance,]
"prescribed" means prescribed by the Committee,
"protected worker" means a person employed under a contract of
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service or apprenticeship –
(a) in connection with the use in agriculture or on a public
highway of a poisonous substance,
(b) on land on which a poisonous substance has been or is
being used in agriculture,
(c) on any part of a public highway on which a poisonous
substance has been or is being used, or
(d) at any premises at which a poisonous substance
intended for sale for use in agriculture is stored,
prepared or exposed for sale,
"protective clothing" means the clothing and equipment required to
be worn under the provisions of this Ordinance,
"public highway" includes any place to which the public have
access,
"respirator" means a filtering apparatus covering the whole of the
face and so designed as to ensure the person wearing it of a supply of air
adequate for respiration and to eliminate so far as practicable the risk of
pollution, by gas and liquid and solid particles containing a poisonous
substance, of the air breathed by the person wearing it,
"rubber" includes synthetic rubber, oilskin and other substances or
materials impermeable in the circumstances in which they are used to liquids
and gases,
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"rubber apron" means a rubber apron covering the front and sides
of the body from immediately below the shoulders to at least three inches
below the knees,
"rubber boots" means rubber boots extending from the feet upwards
to at least immediately below the knees,
"rubber coat" means a rubber coat covering the whole of the body
except the head, the hands and below the knees,
"rubber gloves" means rubber gloves or gauntlets completely
covering the hands and wrists, and fitting sufficiently closely around the
wrists and forearms to be covered by the sleeves of a mackintosh, an overall
or rubber coat, when worn together with any of such articles of protective
clothing,
"scheduled operation" has the meaning assigned to it by subsection
(1) of section four of this Ordinance,
"smoke-generator" includes any device by means of which a
poisonous substance is thermally distributed by a heater composition,
"soil-application" means the process whereby a poisonous substance
is discharged or released in unbroken liquid form directly on to or into the
soil,
"soil-application apparatus" includes any apparatus or device
through or by means of which soil-application is carried out,
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"sou'wester" means a rubber hat or other covering which completely
covers the head (other than the face) and is so shaped as to protect the back
of the neck from falling spray,
[ "spraying" does not include soil-application or the use of a
poisonous substance in capsule or granular form, but save as aforesaid
includes any process whereby plants are treated with a poisonous substance
and in relation to any plants includes the spraying of the soil in which the
plants are being or are to be grown,]
"spraying apparatus" includes any apparatus or device through or
by means of which spraying is carried out,
"spraying contractor" means a person who carries on any business
in connection with the use in agriculture of any poisonous substance on land
which is not occupied by him,
"wetter" means a chemical agent which when added to a poisonous
substance promotes on the surface of a solid (including rubber) the formation
of a continuous liquid film.
(2) In this Ordinance the common name (if any) of a poisonous
substance specified in the first column of the First Schedule or Second Schedule to
this Ordinance means the poisonous substance specified opposite thereto in the
second column of the First Schedule or Second Schedule to this Ordinance, as the
case may be.
(3) Except in so far as the context otherwise requires, any
reference in this Ordinance to any other enactment shall be construed as a reference
to that enactment as amended, extended or applied by or under any other enactment,
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including this Ordinance.
[ (4) References in this Ordinance to dinoseb, DNOC or nicotine
include references to the respective salts thereof.]
NOTES
In section 1,
the definitions of the expressions "aerosol" and "aerosol dispenser"
in subsection (1) were, respectively, inserted and substituted by the
Poisonous Substances Ordinance, 1967, section 9(1)(a), with effect from
13th February, 1967;
the definitions of the expressions, first, "granule placement" and
"granule placement apparatus" and, second, "poisonous substance in
granular form" in subsection (1) were inserted by the Poisonous Substances
Ordinance, 1967, respectively section 9(1)(b) and section 9(1)(e), with
effect from 13th February, 1967;
the words in square brackets in the definition of the expression
"inspector" in subsection (1) were substituted by the States Civil Service
Board (Implementation) Ordinance, 1964, section 1, Schedule, with effect
from 29th January, 1964;
the words in square brackets within the square brackets in the
definition of the expression "inspector" in subsection (1) were substituted by
the Machinery of Government (Transfer of Functions) (Guernsey)
Ordinance, 2003, section 2, Schedule 1, paragraph 12(a), with effect from
6th May, 2004;
the definitions of the expressions, first, "mackintosh", second
"overall" and, third, "spraying" in subsection (1) were substituted by the
Poisonous Substances Ordinance, 1967, respectively section 9(1)(c), section
9(1)(d) and section 9(1)(f), with effect from 13th February, 1967;
subsection (4) was inserted by the Poisonous Substances Ordinance,
1967, section 9(2), with effect from 13th February, 1967.
The functions of the Labour and Welfare Committee ("the Committee")
under this Ordinance were transferred to the States Board of Employment,
Industry and Commerce by the Transfer of Functions Ordinance, 1991,
section 2, Schedule 2, paragraph 15, with effect from 31st July, 1991,
subject to the savings and transitional provisions in section 3 of the 1991
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Ordinance. In accordance with the provisions of the Board of Employment,
Industry and Commerce (Transfer of Functions) Ordinance, 1996, the
functions of the States Board of Employment, Industry and Commerce and
its President were transferred to the States of Guernsey Board of Industry,
with effect from 31st October, 1996; and the functions of the Board of
Industry and its President were transferred to the States of Guernsey
Commerce and Employment Department by the Machinery of Government
(Transfer of Functions) (Guernsey) Ordinance, 2003, section 2, Schedule 1,
paragraph 5, with effect from 6th May, 2004.
The functions, rights and liabilities of the Civil Service Board and of its
President arising under or by virtue of this Ordinance were transferred to
and vested in, respectively, the Policy Council and its Minister by the
Machinery of Government (Transfer of Functions) (Guernsey) Ordinance,
2003, section 1, Schedule 1, paragraph 12(a), with effect from 6th May,
2004, subject to the savings and transitional provisions in section 4 of the
2003 Ordinance.
In accordance with the provisions of the Health and Safety at Work
(General) (Guernsey) Ordinance, 1987, section 35(1), Schedule 4, with
effect from 1st December, 1987, this enactment is one of those to be
regarded as "relevant statutory provisions" for the purposes of the 1987
Ordinance.
In accordance with the provisions of the Health and Safety (Fees) Order,
1994, the fees payable for:
the application for, or
the grant, renewal or variation of
the licences, or
the provision of the services or documents
therein referred to under or for the purposes of this Ordinance or any
subordinate legislation made hereunder are as contained in article 3
thereof.
The Poisonous Substances (Guernsey) Law, 1958 has since been repealed
by the Poisonous Substances (Guernsey) Law, 1994, section 5, with effect
from 1st November, 1995.
PART II
Poisonous substances
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Poisonous substances.
2. The substances specified in the second column of the First Schedule
to this Ordinance and any preparations or mixtures containing any such substances
are hereby declared, for the purposes of this Ordinance, to be substances (hereafter
in this Ordinance referred to as "poisonous substances") which are harmful to
human beings, animals or anything grown on land.
PART III
Safety of employees
Application of Part III.
3. (1) Subject to the provisions of subsection (2) of this section, the
provisions of this Part of this Ordinance shall apply only in relation to any
poisonous substance which is –
(a) a substance specified in the second column of the
Second Schedule to this Ordinance, or
(b) a preparation or mixture containing any substance so
specified.
[ (2) The provisions of this Part of this Ordinance shall not apply
in relation to –
(a) a preparation or mixture used exclusively as an
insecticide where the only poisonous substance
specified as aforesaid in the second column of the
Second Schedule to this Ordinance which is contained
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in that preparation or mixture is not more than five per
centum by weight of dinoseb or DNOC;
(b) a preparation or mixture where the only such
substance contained in it is not more than seven and
one half per centum by weight of nicotine,
(c) an aerosol where the only such substance contained in
it is not more than four tenths per centum by weight of
dichlorvos, and
(d) an impregnated resin strip where the only such
substance contained in it is not more than twenty per
centum by weight of dichlorvos.]
NOTE
In section 3, subsection (2) was substituted by the Poisonous Substances
Ordinance, 1967, section 9(3), with effect from 13th February, 1967.
Operations prohibited except when protective clothing is worn.
4. (1) A protected worker shall not, and his employer shall not
cause or permit him to, carry out any operation specified in the first column of the
Third Schedule to this Ordinance (hereafter in this Ordinance referred to as "a
scheduled operation") in relation to any poisonous substance referred to in the
second column of the said Schedule unless he is wearing the protective clothing
respectively set forth opposite the said second column in the third column of the
said Schedule.
(2) Any reference in the second column of the Third Schedule to
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this Ordinance to any poisonous substance shall be deemed to include a reference to
any preparation or mixture containing such poisonous substance.
(3) In subsection (1) of this section the expression "any
operation" includes an operation which a protected worker carries out either –
(a) as the principal or only protected worker engaged in
carrying it out, or
(b) as a member of a team of persons engaged in carrying
it out, if he is in risk of being poisoned by the
poisonous substance that is used.
(4) Notwithstanding anything contained in the last foregoing
subsection, paragraph (b) of that subsection shall not operate so as to include a
person principally engaged as a tractor-driver in connection with any soil-
application operation, not being an operation carried out with soil-application
apparatus mounted on a tractor, so long as such person is engaged exclusively in
tractor-driving.
Greenhouses.
5. (1) Subject to the provisions of this section, a protected worker
shall not, and his employer shall not cause or permit him to, enter or be present in a
greenhouse in which a poisonous substance has been used unless he is wearing –
(a) where the apparatus used was an aerosol dispenser or
a smoke-generator, the protective clothing specified
opposite item 7 in the third column of the Third
Schedule to this Ordinance,
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(b) in all other cases, the protective clothing specified
opposite item 4 in the third column of the said
Schedule as the appropriate protective clothing in
relation to the poisonous substance that has been used.
(2) The provisions of subsection (1) of this section shall not apply
where –
(a) a period of six hours has elapsed since the poisonous
substance was used, and a sufficient number of lights
in the greenhouse have been open for at least one hour
after the expiration of that period to ensure ventilation,
or
(b) a period of twelve hours has elapsed since the
poisonous substance was used.
(3) Subject to the provisions of subsection (5) of this section,
where a poisonous substance has been used in a greenhouse and the occupier of the
agricultural unit comprising the greenhouse employs persons who work in such
unit, the occupier shall immediately after the poisonous substance has been used
cause a conspicuous and legible notice to be affixed on the outside of each door of
the greenhouse warning such persons of the poisonous substance which has been
used in the greenhouse and of the effect of the provisions of subsections (1) and (2)
of this section.
(4) Every notice affixed in pursuance of the provisions of the last
foregoing subsection shall remain and be maintained in position for a period of not
less than twelve hours.
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(5) The provisions of this section shall not apply to the use in a
greenhouse of a poisonous substance in capsule form.
(6) The occupier of any agricultural unit who contravenes any of
the provisions of subsection (3) and subsection (4) of this section shall be guilty of
an offence under this Ordinance.
Provision and maintenance of protective clothing.
6. (1) The employer of a protected worker who carries out any
scheduled operation shall –
(a) provide the protected worker with any protective
clothing required to be worn under the provisions of
this Part of this Ordinance and, where such protective
clothing includes a respirator or dust-mask, provide an
adequate supply of filters for replacement of those
used,
(b) maintain or cause to be maintained in good and
serviceable condition all protective clothing, and
(c) provide accommodation for the keeping of –
(i) protective clothing, and
(ii) the protected worker's personal clothing not
worn during working hours.
(2) The accommodation provided under the provisions of
paragraph (c) of subsection (1) of this section shall be such as to ensure ventilation
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and that the protected worker's personal clothing does not become contaminated by
a poisonous substance whether from protective clothing or otherwise.
Miscellaneous obligations relating to employers.
7. (1) The employer of a protected worker who carries out a
scheduled operation shall –
(a) at a place which is conveniently accessible but outside
the area in which the protected worker might be in
risk of poisoning by any poisonous substance which
has been used, provide adequate and suitable washing
facilities including soap and clean towels and either a
supply of piped running water or clean water in
containers, clearly marked "Personal washing only",
for the personal use of the protected worker,
(b) provide –
(i) a supply of wholesome drinking water,
(ii) clean drinking vessels, and
(iii) suitable facilities for keeping food or drink
intended for the protected worker's
consumption free from risk of contamination
by any poisonous substance,
(c) except where a supply of piped running water is
available, provide clean water in a container for the
washing or cleaning of the protective clothing (other
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than overalls, hoods, respirators, dust-masks, or
mackintoshes) which the protected worker has worn,
(d) at the end of each day's operations cause to be
thoroughly washed with water or, where appropriate,
with water and a suitable wetter, all protective
clothing (other than overalls, hoods, respirators, dust-
masks or mackintoshes) which the protected worker
has worn during the day's operations in carrying out
the scheduled operation and, in the case of –
(i) rubber gloves, cause the insides as well as the
outsides to be so thoroughly washed,
(ii) respirators and dust-masks, cause them to be
both cleaned and ventilated,
(e) maintain or cause to be maintained in good and
serviceable condition all spraying apparatus and soil-
application apparatus,
(f) keep all spraying apparatus, soil-application
apparatus[, granule placement apparatus] and the
exterior of all tanks and containers which contain or
have contained a poisonous substance free from
contamination by any such substance, so far as it is
practicable so to do,
(g) keep the opening of all tanks and containers in which a
poisonous substance is stored, when not in use,
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securely closed or covered over, and
(h) cause every overall and hood which has been worn in
the carrying out of the scheduled operation to be
thoroughly washed with soap (or other suitable
detergent) and water at least once in every period of
six consecutive days in which it has at any time been
so worn and also whenever by reason of the presence
of stains of a poisonous substance thereon there are
reasonable grounds for apprehending that a protected
worker may be in risk of poisoning.
(2) For the purpose of the provisions of paragraph (a) of
subsection (1) of this section, in considering –
(a) whether a place is conveniently accessible, account
may be taken of any transport provided for protected
workers at appropriate times, and
(b) whether washing facilities are adequate and suitable at
any time and place, regard shall be had to the number
of protected workers for whom such facilities are
required at that time and place.
NOTE
In section 7, the words in square brackets in paragraph (f) of subsection (1)
were inserted by the Poisonous Substances Ordinance, 1967, section 9(4),
with effect from 13th February, 1967.
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Miscellaneous prohibitions and obligations relating to protected workers.
8. (1) A protected worker who carries out any scheduled operation
shall not –
(a) at any time blow, suck or apply his mouth to any jet,
sprinkler, nozzle or other spraying apparatus or soil-
application apparatus which contains or has contained
a poisonous substance, whether for the purpose of
removing any obstruction or otherwise,
(b) make use of any container which is provided in
pursuance of the provisions of paragraph (a) of
subsection (1) of the last foregoing section for the
personal use of the protected worker for the washing
of protective clothing or make use of any container
which is not so provided for personal washing,
(c) make use of any drinking vessel provided by his
employer otherwise than to drink from, or
(d) eat, drink or smoke unless he has removed all
protective clothing (other than any overall or rubber
boots), has washed his hands and face, and is outside
an area in which he might be poisoned by any
poisonous substance which has been, is being or is
about to be used, or by any protective clothing which
has been worn in connection with the use of a
poisonous substance.
(2) A protected worker who carries out any scheduled operation
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shall –
(a) deposit his personal clothing not worn during working
hours in the accommodation provided by his employer
in accordance with the provisions of section six of this
Ordinance (which relates to the provision and
maintenance of protective clothing); and
(b) at the end of each day's operation forthwith –
(i) remove all protective clothing worn by him and
deposit it in such accommodation as aforesaid,
and
(ii) wash his hands, face and neck.
(3) A protected worker shall not –
(a) wilfully interfere with or misuse any appliance,
clothing, equipment, facilities or other thing provided
in pursuance of the provisions of this Part of this
Ordinance, or
(b) wilfully and without reasonable cause do anything
likely to cause risk of poisoning from a poisonous
substance to himself or others.
Repair of apparatus.
9. [ (1) A protected worker shall not, and his employer shall not
cause or permit him to, repair any spraying apparatus, soil-application apparatus or
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granule placement apparatus which has been, is being or is about to be used for
spraying, for soil-application or for granule placement unless such apparatus or so
much thereof as requires repair is first thoroughly washed with water or, where
appropriate, with water and a suitable wetter.]
(2) Subsection (1) of this section shall not apply to repairs made
during the carrying out of any scheduled operation if the protected worker is
wearing the protective clothing required by the provisions of this Part of this
Ordinance to be worn when carrying out such operations.
NOTE
In section 9, subsection (1) was substituted by the Poisonous Substances
Ordinance, 1967, section 9(5), with effect from 13th February, 1967.
Keeping of a register.
10. (1) An employer shall keep a register in the prescribed form and
containing particulars of –
(a) the name and address of every protected worker
employed by him who carries out any scheduled
operation,
(b) the number of hours worked on any such operation by
any such protected worker on each day,
(c) the poisonous substance in connection with which the
protected worker has worked as aforesaid,
(d) any matters which the employer is required to notify
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to the Committee in accordance with the provisions of
section twelve of this Ordinance (which relates to the
notification of sickness and of absence);
(e) any matters required to be entered in the register as a
condition of granting a certificate of exemption under
section fifteen of this Ordinance (which relates to
certificates of exemption);
(f) any notification made to an employer in accordance
with the provisions of subsection (2) of section twenty-
eight of this Ordinance (which relates to the duties of
medical practitioners and veterinary surgeons).
(2) An employer shall preserve the register required to be kept by
this section for at least two years after the date of the last entry therein.
(3) An employer shall give to a protected worker who ceases to
be employed by him a copy of any particulars contained in the register kept by the
employer in accordance with the provisions of this section, so far as such particulars
relate to that protected worker during the last six months of his employment, and
the protected worker, on entering the employment of any other employer at any
time within six months of so ceasing to be employed, shall give to that employer
any such copy as aforesaid.
Restriction on hours of work.
11. A protected worker shall not work on any scheduled operation, and
his employer shall not cause or permit him to so work, for more than –
(a) ten hours in any period of twenty-four consecutive
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hours,
(b) sixty hours in any period of seven consecutive days, or
(c) one hundred and twenty hours in any period of twenty-
one consecutive days.
Notification of sickness and of absence.
12. (1) If at any time there are reasonable grounds for an employer to
apprehend that a protected worker employed by him may be suffering from
poisoning from a poisonous substance, the employer shall forthwith notify the
Medical Officer of Health thereof.
(2) Without prejudice to the provisions of subsection (1) of this
section, if a protected worker absents himself from duty for more than three days –
(a) otherwise than for a reason known to his employer not
to be caused by poisoning from dinoseb or DNOC,
and within the fourteen days immediately preceding
such absence the protected worker has worked for
more than sixty hours in connection with the use of
dinoseb or DNOC, or
(b) otherwise than for a reason known to his employer not
to be caused by poisoning from any other poisonous
substance, and within the twenty-eight days
immediately preceding such absence the protected
worker has worked for more than sixty hours in
connection with the use of such other poisonous
substance,
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the employer shall forthwith notify the Medical Officer of Health of such absence.
Instruction and supervision of protected workers.
13. (1) An employer shall not cause or permit a protected worker to
work on any scheduled operation unless the worker has been thoroughly instructed
in the precautions to be observed and is under adequate supervision.
(2) Nothing in the foregoing subsection shall release a protected
worker from any obligation or prohibition imposed on him by this Ordinance.
Prohibition of employment of persons under eighteen years.
14. A person under the age of eighteen years shall not in any
circumstances be employed to work on any scheduled operation or in any other
operation involving the use in agriculture of a smoke-generator.
Certificates of exemption.
15. (1) If the employer of a protected worker satisfies the Committee
that –
(a) any of the foregoing provisions of this Part of this
Ordinance could reasonably be dispensed with if
alternative conditions to protect the protected worker
from the risk of poisoning were observed, or
(b) by reason of exceptional circumstances or of the small
extent of the operations carried out or for any other
reason any of the foregoing provisions of this
Ordinance are unnecessary for the protection of the
protected worker,
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the Committee may, by a certificate issued to the employer, exempt the employer
and the protected worker to whom the certificate applies from such of the provisions
of this Part of this Ordinance to which each of them would otherwise respectively
be subject as are specified in the certificate.
(2) The Committee may –
(a) attach such conditions as it deems fit to any certificate
issued by it under the provisions of subsection (1) of
this section, and
(b) by notice in writing served on any employer to whom
such certificate has been issued, revoke such
certificate or revoke or vary any conditions so attached
thereto.
(3) Any employer to whom a certificate has been issued under the
provisions of subsection (1) of this section who fails to comply with any condition
attached thereto under the provisions of subsection (2) of this section shall be guilty
of an offence under this Ordinance.
Poisonous substances not in sealed containers.
16. (1) At any of the following premises where any person is
employed, that is to say –
(a) any agricultural unit,
(b) any premises at which any poisonous substance
intended for sale for use in agriculture is stored or
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prepared or exposed for sale, and
(c) any premises occupied by a spraying contractor for the
purposes of his business as a spraying contractor,
any poisonous substance belonging to the occupier of any such premises which is
being kept on those premises otherwise than in a properly sealed container shall,
when not in actual use, be kept in a properly constructed locked cupboard or locked
chest the key of which shall be kept in the custody of such person as may be
appointed in that behalf by the occupier.
(2) The occupier of any premises to which the provisions of
subsection (1) of this section apply who contravenes any of those provisions shall be
guilty of an offence under this Ordinance.
(3) At any premises at which any person is employed, any
poisonous substance belonging to any spraying contractor which is being kept on
those premises otherwise than in a properly sealed container shall, when not in
actual use, be kept in a properly locked chest the key of which shall be kept in the
custody of that spraying contractor or of such person employed by him as he may
appoint in that behalf.
Notification of accidents.
17. (1) Where any accident occurs to any protected worker in the
course of his employment arising out of the use of any poisonous substance which
either –
(a) causes loss of life to that protected worker, or
(b) disables him for more than three days from earning
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full wages at the work at which he was employed,
written notice of the accident, in the prescribed form and accompanied by the
prescribed particulars, shall forthwith be sent to the Committee by the employer of
that protected person.
(2) Where any accident causing the disablement of any protected
worker is notified under the provisions of this section, and after notification thereof
results in the death of that protected worker, notice in writing of the death shall be
sent to the Committee by the employer of that protected worker as soon as the death
comes to his knowledge.
Medical examination of persons regularly employed to work on scheduled
operations.
18. (1) The employer of any protected worker who has been
employed to work on any scheduled operation for more than –
(a) one hundred and twenty hours during any period of six
consecutive weeks,
(b) one hundred and twenty hours during any period of six
consecutive months,
shall make arrangements at his own expense for that protected worker to be
examined by an authorised medical practitioner on a convenient day and at a
reasonable time as soon as may be after the expiration of that period of six
consecutive weeks or six consecutive months, as the case may be.
(2) Any protected worker in respect of whom arrangements for a
medical examination have been made in accordance with the provisions of
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subsection (1) of this section shall submit himself for such examination in pursuance
of those arrangements.
First-Aid.
19. (1) The provisions of section two and section three of the Safety
of Employees (First-Aid and Welfare) Ordinance, 1954, shall apply in relation to
any of the premises as are mentioned in subsection (1) of section sixteen of this
Ordinance (which relates to poisonous substances not in sealed containers) at which
any person is employed to work on any scheduled operation as those provisions
apply in relation to factories, quarries and growing properties:
PROVIDED that the provisions of the said section two and of the said section three
of the Safety of Employees (First-Aid and Welfare) Ordinance, 1954, shall not
apply by virtue of the provisions of this subsection –
(i) in relation to any agricultural unit solely by
reason of the fact that a person is employed to
work on any scheduled operation in that unit if
that person is so employed by a person other
than the occupier of that unit,
(ii) in relation to any premises which are a factory
or growing property within the meaning of that
Ordinance,
(iii) in relation to any premises occupied by an
authorised pharmacist for the purposes of his
business as an authorised pharmacist.
(2) In the event of any contravention of any of the provisions of
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section two or section three of the Safety of Employees (First-Aid and Welfare)
Ordinance, 1954, at any premises in relation to which those provisions apply by
virtue of the provisions of subsection (1) of this section, the occupier of those
premises shall be guilty of an offence under this Ordinance.
(3) Any spraying contractor who employs any person to work on
any scheduled operation at any place of which that spraying contractor is not the
occupier shall provide and keep at that place in such manner as to be readily
accessible by that person while he is so employed at that place a first-aid box which
shall –
(a) contain at least the items specified in the First
Schedule to the Safety of Employees (First-Aid and
Welfare) Ordinance, 1954,
(b) be conspicuously marked on the outside with the
words "FIRST-AID",
(c) contain only appliances or requisites for first-aid,
and all materials for dressings contained in such first-aid box shall be those
designated in, and of a grade or quality not lower than the standards prescribed by,
the British Pharmaceutical Codex or any supplement thereto.
Fire precautions.
20. (1) The provisions of section twenty of the Safety of Employees
(Miscellaneous Provisions) Ordinance, 1952, shall apply in relation to any of the
following premises, not being a factory within the meaning of that Ordinance, at
which any person is employed, that is to say –
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(a) any premises at which any poisonous substance
intended for sale for use in agriculture is stored or
prepared or exposed for sale,
(b) any premises occupied by a spraying contractor for the
purposes of his business as a spraying contractor,
as if any reference in those provisions to a factory included a reference to any such
premises and as if for any reference in those provisions to the Authority there were
substituted a reference to the Committee.
(2) In the event of any contravention of any of the provisions of
section twenty of the Safety of Employees (Miscellaneous Provisions) Ordinance,
1952, at any premises in relation to which those provisions apply by virtue of
subsection (1) of this section, the occupier of those premises shall be guilty of an
offence under this Ordinance.
PART IV
Spraying Contractors
Spraying Contractor's licence.
21. (1) A person shall not carry on the business of a spraying
contractor except under a licence granted by the Committee.
(2) A person who desires to obtain a licence under the provisions
of subsection (1) of this section shall apply for the licence to the Committee and
furnish the Committee with the prescribed particulars.
(3) The Committee may attach –
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(a) any conditions to the grant of any licence granted
under the provisions of subsection (1) of this section,
(b) any further conditions to any such licence,
and may vary or revoke any such conditions.
(4) The Committee may refuse the grant of a licence under the
provisions of subsection (1) of this section and may at any time suspend or revoke
any licence granted under that subsection.
(5) Every person holding a licence granted under the provisions
of subsection (1) of this section shall comply with every condition attached for the
time being to such licence.
(6) Any person aggrieved by the decision of the Committee to
refuse the grant of a licence under the provisions of subsection (1) of this section or
to suspend or revoke a licence granted under that subsection may appeal therefrom
to the Royal Court sitting as an Ordinary Court.
Insurance.
22. (1) A spraying contractor shall maintain in force a policy of
insurance which shall be issued by an insurer who is an insurer approved by the
Committee, which policy shall, subject to the exceptions, definitions and conditions
thereof –
(a) indemnify the spraying contractor against liability in
respect of fatal or non-fatal injuries sustained by any
person who is under a contract of service or
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apprenticeship with him, and
(b) indemnify the spraying contractor against liability, in
an amount of not less than ten thousand pounds in
respect of or arising out of one occurrence or in
respect of or arising out of all occurrences of a series
consequent on or attributable to one source or original
cause, in respect of –
(i) fatal or non-fatal injuries sustained by any
person who is not under a contract of service
or apprenticeship with him, and
(ii) damage to any property not belonging to him
nor held in trust by him nor in his custody or
control,
arising as the direct consequence of and solely due to any poisonous substance in his
possession or to the use of any poisonous substance by him or any person who is
under a contract of service or apprenticeship with him.
(2) For the purposes of the provisions of subsection (1) of this
section, a contract of service or apprenticeship shall not be deemed not to exist by
reason only that the wages payable under such contract of service or apprenticeship
are, by agreement between the spraying contractor and a third party, paid or
payable by that third party.
Accommodation in vehicles for poisonous substances, clothing and apparatus.
23. Any poisonous substance, protective clothing, spraying apparatus or
soil-application apparatus shall, while being carried or kept in any vehicle primarily
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used by a spraying contractor for the purposes of his business as a spraying
contractor and where it is reasonably practicable so to do, be kept in a properly
constructed compartment of such vehicle which can be securely closed or in a
suitable container which can be securely closed and any such compartment or
container in which any poisonous substance, protective clothing, spraying apparatus
or soil-application apparatus is kept in accordance with the provisions of this section
shall not be used for any other purpose.
Examination of apparatus.
24. (1) All spraying apparatus and soil-application apparatus
belonging to a spraying contractor shall be thoroughly examined by a competent
person at least once in every period of twelve months and also after any extensive
repairs and a report of the result of every examination made in accordance with the
requirements of this subsection shall, as soon as practicable and in any case within
the twenty-eight days next following the completion of the examination, be
furnished to the Committee by the owner of the apparatus to which the report
relates and every such report shall be made in the prescribed form and contain the
prescribed particulars and shall be signed by the person making the examination.
(2) If the Committee is not satisfied as to the competency of the
person employed to make an examination in accordance with the requirements of
subsection (1) of this section or as to the thoroughness of such examination, it may
require the apparatus to be re-examined by a person nominated by it and the owner
of the apparatus shall give the necessary facilities for such re-examination.
(3) If as a result of any re-examination made by virtue of the
provisions of the last foregoing subsection it appears that the report of the
examination made in accordance with the requirements of subsection (1) of this
section was inadequate or inaccurate in any material particular, the cost of the re-
examination shall be recoverable from the owner of the apparatus so re-examined as
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a civil debt and the report of the re-examination purporting to be signed by the
person making it shall be admissible in evidence of the facts stated therein.
Prohibition and restriction of use of defective apparatus.
25. (1) Where the Committee is satisfied that any spraying apparatus
or soil-application apparatus belonging to a spraying contractor is so defective that
its use may be injurious to any person using the apparatus or to any other person or
to any animal or plant, the Committee may by order served on the owner of the
apparatus prohibit or restrict the use of the apparatus during such period as may be
specified in the order.
(2) The power conferred by the provisions of subsection (1) of
this section to make any order shall be construed as including a power exercisable
in the like manner to vary or revoke the order.
(3) Any spraying contractor who fails to comply with any order
made under the provisions of subsection (1) of this section shall be guilty of an
offence under this Ordinance.
PART V
Miscellaneous
Importation of poisonous substances.
26. (1) Every person who imports into the Island any poisonous
substance intended for use in agriculture, whether such poisonous substance is
intended for sale or not, shall –
(a) where the poisonous substance is sent by post, within
forty-eight hours of the delivery to him of the
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poisonous substance,
(b) in any other case, within seven days of the arrival in
the Island of the ship or aircraft in which the
poisonous substance was carried,
furnish the Committee with the prescribed declaration and the prescribed particulars
with respect to the poisonous substance.
(2) Any person who contravenes any of the provisions of
subsection (1) of this section shall be guilty of an offence under this Ordinance.
Use of, and disposal of, empty containers.
27. [ (1) Except with the permission of the Committee, which
permission may be granted generally or in any particular case, any container in
which any poisonous substance used or intended for use in agriculture has been kept
shall not be used for any purpose other than for keeping therein any poisonous
substance intended for use in agriculture.
(1A) In any case where the Committee has granted permission
under subsection (1) of this section for any container such as is mentioned in that
subsection to be used for any purpose other than for keeping therein any poisonous
substance intended for use in agriculture, such container shall be so used subject to
and in accordance with such conditions as the Committee may from time to time see
fit to impose.]
(2) Any container in which any poisonous substance used or
intended for use in agriculture has been kept and which is not required for further
use for any purpose shall be disposed of in the following manner, that is to say –
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(a) in the case of any container which is readily
combustible, the container shall be completely
destroyed by burning,
(b) in any other case, the container shall be disposed of in
such manner as the Committee may from time to time
direct.
(3) Any person who contravenes any of the foregoing provisions
of this section shall be guilty of an offence under this Ordinance.
NOTE
In section 27, subsection (1) was substituted, and subsection (1A) was
inserted, by the Poisonous Substances (Amendment) Ordinance, 1963,
section 1(a), with effect from 16th December, 1963.
Duties of medical practitioners and veterinary surgeons.
28. (1) Where an authorised medical practitioner has reasonable
cause to believe that any person examined by him is suffering from poisoning from
any poisonous substance used or intended for use in agriculture or has died as a
result of poisoning from any such poisonous substance, he shall forthwith send to
the Medical Officer of Health written notice thereof in the prescribed form and
accompanied by the prescribed particulars.
(2) Where any protected worker undergoes a medical examination
in pursuance of arrangements made in accordance with the provisions of subsection
(1) of section eighteen of this Ordinance (which relates to the medical examination
of persons regularly employed to work on scheduled operations) the authorised
medical practitioner making the examination shall forthwith notify the employer of
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that protected worker of the results of the examination and of any recommendations
he may deem advisable to make in respect thereof.
(3) Where an authorised veterinary surgeon has reasonable cause
to believe that any livestock examined by him is suffering from poisoning from any
poisonous substance used or intended for use in agriculture or has died as a result of
poisoning from any such poisonous substance, he shall forthwith send to the
Committee written notice thereof in the prescribed form and accompanied by the
prescribed particulars.
(4) Any authorised medical practitioner who contravenes any of
the provisions of subsection (1) and subsection (2) of this section and any authorised
veterinary surgeon who contravenes any of the provisions of subsection (3) of this
section shall be guilty of an offence under this Ordinance.
Investigation of cases of poisoning or suspected poisoning of any person,
livestock or crops.
29. (1) Where the Committee has reasonable cause to believe that any
person or any livestock or any crops has or have been poisoned by any poisonous
substance used or intended for use in agriculture, the Committee may, where it
considers it expedient so to do, direct an investigation to be held into any such case
of poisoning or suspected poisoning for such purposes as the Committee may direct.
(2) The following provisions shall have effect with respect to any
investigation directed to be held under the provisions of subsection (1) of this
section –
(a) the Committee may appoint a competent independent
person to hold the investigation, and may appoint any
person possessing legal or special knowledge to act as
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assessor in holding the investigation,
(b) the person or persons so appointed (hereafter in this
section referred to as "the Investigation Committee")
shall hold the investigation in such manner and under
such conditions as the Investigation Committee may
think most effectual for the purposes of the
investigation, and for enabling the Investigation
Committee to make the report in this subsection
mentioned,
(c) the Investigation Committee shall have for the
purposes of the investigation all the powers of an
inspector under this Ordinance and, in addition,
power –
(i) to enter and inspect any place or building the
entry or inspection whereof appears to the
Investigation Committee requisite for the said
purposes,
(ii) to require the production of all books, papers
and documents which it considers important for
the said purposes,
(d) the Investigation Committee shall make a report to the
Committee setting out its findings, and adding any
observations which the Investigation Committee thinks
right to make,
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(e) any person who without reasonable excuse (proof
whereof shall lie on him) either fails to comply with
any requisition of the Investigation Committee, or
prevents or impedes the Investigation Committee in
the execution of its duty, shall be guilty of an offence,
and liable on conviction to a fine not exceeding [level
1 on the uniform scale], and, in the case of a failure to
comply with a requisition to produce any document, if
the failure in respect of which a person was so
convicted is continued after conviction, he shall,
subject to the provisions of section forty-two of this
Ordinance (which relates to the power of the Court to
order the cause of contravention to be remedied) be
guilty of a further offence and liable on conviction in
respect thereof to a fine not exceeding ten pounds for
every day on which the failure was so continued.
(2) The Committee may cause the report of the Investigation
Committee to be made public at such time and in such manner as it thinks fit.
NOTE
In section 29, the words and figure in square brackets in paragraph (e) of
subsection (1) were substituted by the Uniform Scale of Fines (Bailiwick of
Guernsey) Law, 1989, section 2(2), with effect from 1st July, 1989.
Powers of inspectors.
30. (1) An inspector may, for the purpose of the execution of this
Ordinance, enter at all reasonable hours any land or premises –
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(a) on which a poisonous substance is being, or has
recently been or is about to be, used in agriculture,
(b) which is or are being used, or has or have recently
been or is or are about to be, used for a purpose
connected with the use in agriculture of a poisonous
substance,
(c) on which things required by or under any of the
provisions of this Ordinance to be provided or done
are provided or done,
or which he has reasonable cause to believe to be land or premises falling within
any of the preceding paragraphs:
PROVIDED that admission shall not be demanded under the provisions of this
subsection to a dwelling-house, other than one in which there are, or are reasonably
believed by the inspector to be, washing facilities or other things provided for
persons not living in the house for whom such things are required by the provisions
of Part III of this Ordinance to be provided, unless twenty-four hours' notice of the
intended entry has been given to the occupier of the house.
(2) An inspector shall have power to do all or any of the
following things for the purpose of the execution of this Ordinance or any order
thereunder, that is to say –
(a) to require the production of, and to inspect, examine
and copy, the registers, certificates, notices and
documents kept in pursuance of this Ordinance or any
order thereunder,
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(b) to make such examinations and inquiries as may be
necessary to ascertain whether the provisions of this
Ordinance and of any order thereunder are complied
with,
(c) to require any person whom he finds on such land or
premises as are mentioned in subsection (1) of this
section to give such information as it is in his power to
give as to who is the occupier thereof or the employer
of any person employed to work thereon,
(d) to examine, either alone or in the presence of any
other person, as he thinks fit, with respect to the
observance of the provisions of this Ordinance and of
any order thereunder, any person whom he finds on
such land or premises as are mentioned in subsection
(1) of this section or whom he has reasonable cause to
believe to be, or to have been within the preceding
two months, employed to work thereon, and to require
any such person to be so examined and to sign a
declaration of the truth of the matters respecting which
he is so examined; so, however, that no one shall be
required under this provision to answer any question
or to give any evidence tending to criminate himself,
(e) in the case of an inspector who is an authorised
medical practitioner, to carry out medical
examinations,
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(f) in the case of an inspector who is an authorised
veterinary surgeon, to carry out veterinary
examinations, and,
(g) to exercise such other powers as may be necessary for
carrying this Ordinance and any order thereunder into
effect and in respect of which an inspector has been
authorised by the Committee to act on its behalf.
(3) The occupier of any land or premises as are mentioned in
subsection (1) of this section, his agents and servants, shall furnish the means
required by an inspector as necessary for an entry, inspection, examination, inquiry
or otherwise for the exercise of his powers under this Ordinance in relation to that
land or those premises as the case may be.
(4) Where an inspector believes that an offence under this
Ordinance has been committed and proposes, in exercise of the powers conferred by
paragraph (d) of subsection (2) of this section, to ask questions of a person for the
purpose of verifying the inspector's belief or of ascertaining particulars of the
offence, it shall be his duty, before asking the questions, to inform that person of
his right to refuse to answer a question tending to criminate him.
(5) Every inspector shall be furnished with the prescribed
certificate of his appointment and when exercising any of his powers under this
Ordinance shall produce the said certificate to anyone reasonably demanding its
production.
(6) A person who –
(a) fails to comply with any requirement imposed by an
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inspector under this section,
(b) in purported compliance with a requirement so
imposed to answer any question or give any
information makes a statement which he knows to be
false in a material particular or recklessly makes a
statement which is false in a material particular,
(c) prevents, or attempts to prevent, any other person
from appearing before an inspector or from answering
any question to which an inspector may, by virtue of
this section, require an answer, or
(d) obstructs an inspector in the exercise or performance
of his powers or duties,
shall be guilty of an offence under this Ordinance.
Provisions as to samples.
31. (1) An inspector may take for analysis a sample of any substance
or thing which in his opinion may be, may contain or may be contaminated by, a
poisonous substance used or intended for use in agriculture and which he finds on,
or has reasonable cause to believe to be in transit to or from, such land or premises
as are mentioned in subsection (1) of the last foregoing section.
(2) An inspector taking a sample under the provisions of
subsection (1) of this section with the intention of having it analysed shall, if
practicable, forthwith after taking it give information of his intention to the occupier
of the land or premises in question, and shall then and there divide the sample into
parts, each part to be marked and sealed or fastened up, in such manner as its
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nature will permit, and shall –
(a) if required so to do by the occupier so informed,
deliver one part to him,
(b) retain one part for future comparison, and
(c) if the inspector thinks fit to have an analysis made,
submit one part to the States' Analyst.
(3) Where it is not practicable for the inspector to give
information of his intention as mentioned in the last foregoing subsection to an
occupier, the inspector shall, if he intends to have the sample analysed and if he can
ascertain the name and address of the occupier, forward one part of the sample to
him by registered post or otherwise, together with a notice informing him that he
intends to have the sample analysed.
(4) A document purporting to be a certificate by the States'
Analyst as to the result of an analysis of a sample shall in proceedings under this
Ordinance be admissible as evidence of the matters stated therein, but either party
may require the States' Analyst to be called as witness.
(5) In any proceedings under this Ordinance in which it is
intended to rely on evidence relating to a sample taken under this section –
(a) the summons shall not be made returnable less than
fourteen days from the day on which it was served,
and a copy of any certificate of analysis relating to
such sample shall be served with the summons,
Consolidated text
© States of Guernsey 49
(b) the part of the sample retained by the inspector for
future comparison shall be produced at the hearing.
Powers of the Committee in relation to crops intended for sale for
consumption.
32. (1) The Committee may by order –
(a) make provision for requiring the occupiers of land on
which any crop intended for sale for human
consumption or for consumption by any livestock is
being grown to keep a record in such form as may be
specified in the order with respect to any poisonous
substance applied to that crop in such a way that there
could readily be traced at any time during a period of
two years after the date on which that poisonous
substance was last applied to that crop any of the
following particulars, that is to say –
(i) the place where the poisonous substance was
applied,
(ii) the name and quantity of the poisonous
substance applied,
(iii) a description of, and the area of, the crop to
which the poisonous substance was applied,
(iv) whether the crop to which the poisonous
substance was applied is intended for human
consumption or for consumption by any
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© States of Guernsey 50
livestock, and
(v) the date or dates on which the poisonous
substance was applied,
(b) prohibit the application of any poisonous substance to
any crop intended for sale for human consumption or
for consumption by any livestock in excess of such
maximum rate or frequency of application, or in
excess of both such maximum rate and frequency of
application, as may be specified in the order and
different maximum rates and frequencies of
application may be so specified with respect to –
(i) different kinds of crops,
(ii) different poisonous substances, and
(iii) crops intended for sale for human consumption
and crops intended for consumption by any
livestock,
(c) prescribe the period which shall be allowed to elapse
between the date on which a poisonous substance was
last applied to any crop intended for sale for human
consumption or for consumption by any livestock and
the date on which such crop is harvested and different
periods may be so prescribed with respect to –
(i) different kinds of crops,
Consolidated text
© States of Guernsey 51
(ii) different poisonous substances,
(iii) crops intended for sale for human consumption
and crops intended for consumption by any
livestock,
(d) prohibit the application of any poisonous substance to
any crop intended for sale for human consumption or
for consumption by any livestock during such periods
as may be specified in the order and different periods
may be so specified with respect to –
(i) different kinds of crops,
(ii) different poisonous substances,
(iii) crops intended for sale for human consumption
and crops intended for consumption by any
livestock.
(2) Any order made under the provisions of this section may be
varied or revoked by a subsequent order made by the Committee.
(3) Every order made under the provisions of this section shall be
laid before a meeting of the States as soon as may be after the making thereof and
if, at that meeting or at the next subsequent meeting, the States resolve that the
order be annulled, the order shall cease to have effect without prejudice to anything
done thereunder or to the making by the Committee of a new order.
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© States of Guernsey 52
(4) The occupier of any land who contravenes any order made
under the provisions of paragraph (a), paragraph (b) or paragraph (d), of subsection
(1) of this section in respect of any crop grown on that land shall be guilty of an
offence under this Ordinance.
(5) For the purposes of the provisions of this section and any
order made thereunder –
(a) any crop commonly used for human consumption and
produced in such quantities as may reasonably be
supposed to be in excess of the requirements of the
occupier of the land on which that crop is grown and
of his household shall be presumed, until the contrary
is proved, to be intended for sale for human
consumption,
(b) any crop commonly used for consumption by any
livestock and produced in such quantities as may
reasonably be supposed to be in excess of the
requirements of any livestock belonging to the
occupier of the land on which that crop is grown shall
be presumed, until the contrary is proved, to be
intended for sale for consumption by livestock.
NOTE
The following Orders have been made under section 32:
Poisonous Substances (Control of Use) Order, 1972;
Poisonous Substances (Control of Use) (Amendment) Order, 1975.
Consolidated text
© States of Guernsey 53
Offences in relation to the sale etc. of crops treated with poisonous substances.
33. Where a crop of any kind to which a poisonous substance has been
applied is sold, offered or exposed for sale, or deposited with or consigned to any
person for the purpose of sale or preparation for sale –
(a) for human consumption, within the period, if any,
prescribed by the Committee under the provisions of
paragraph (c) of subsection (1) of the last foregoing
section in relation to a crop of that kind intended for
sale for human consumption and to which such
poisonous substance has been applied, or
(b) for consumption by any livestock, within the period, if
any, prescribed by the Committee under the provisions
of the said paragraph in relation to a crop of that kind
intended for sale for consumption by any livestock and
to which such poisonous substance has been applied,
then the occupier of the land on which the crop has been or is being grown shall be
guilty of an offence under this Ordinance and liable, on conviction, to a fine not
exceeding [level 2 on the uniform scale] or to imprisonment for a term not
exceeding three months, or to both such fine and such imprisonment.
NOTE
In section 33, the words and figure in square brackets were substituted by
the Uniform Scale of Fines (Bailiwick of Guernsey) Law, 1989, section
2(2), with effect from 1st July, 1989.
Seizure, removal and detention of crops in respect of which an offence under
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© States of Guernsey 54
section 33 has or is believed to have been committed.
34. …
NOTE
Section 34 was repealed by the Poisonous Substances Ordinance, 1967,
section 10, with effect from 13th February, 1967.
Compensation for depreciation in value of crops resulting from seizure,
removal and detention.
35. …
NOTE
Section 35 was repealed by the Poisonous Substances Ordinance, 1967,
section 10, with effect from 13th February, 1967.
Precautions and warnings in cases where poisonous substances are applied in
the form of a dust, smoke or spray.
36. (1) Where any poisonous substance is applied on any land in the
form of a dust, smoke or spray, the occupier of that land shall take all reasonable
precautions to prevent the dust, smoke or spray, as the case may be, from drifting
on to a public highway and on to any land occupied by any other person.
(2) Where any poisonous substance is about to be, is being or has
recently been, applied on any land in the form of a dust, smoke or spray and there
is a reasonable likelihood that in spite of any precautions taken in accordance with
the provisions of subsection (1) of this section the dust, smoke or spray, as the case
may be, may –
Consolidated text
© States of Guernsey 55
(a) drift on to any public highway, the occupier of that
land shall, where practicable, take efficient means to
give members of the public using that public highway
due warning,
(b) drift from the place where such poisonous substance is
about to be, is being or has recently been, so applied
so as to endanger any person on or near to that place
or any livestock or crops belonging to any other
person, the occupier of that land shall, where
practicable, give due warning to any such persons to
enable them to take such precautions as may be
necessary to avert or minimize the danger.
(3) The occupier of any land or premises who contravenes any of
the provisions of subsection (1) and subsection (2) of this section shall be guilty of
an offence under this Ordinance.
PART VI
Offences, penalties and legal proceedings
Offences by employers.
37. (1) Any employer who contravenes any of the provisions of
subsection (1) of section four (which relates to operations prohibited except when
protective clothing is worn), subsection (1) of section five (which relates to
greenhouses), section six (which relates to the provision and maintenance of
protective clothing), subsection (1) of section seven (which relates to miscellaneous
obligations relating to employers), subsection (1) of section nine (which relates to
the repair of apparatus), section ten (which relates to the keeping of a register),
Consolidated text
© States of Guernsey 56
section eleven (which restricts hours of work), section twelve (which relates to the
notification of sickness and of absence), subsection (1) of section thirteen (which
relates to the instruction and supervision of protected workers), section fourteen
(which prohibits the employment of persons under eighteen years), section
seventeen (which relates to the notification of accidents) and subsection (1) of
section eighteen (which relates to medical examinations of persons regularly
employed to work on scheduled operations) of this Ordinance shall be guilty of an
offence under this Ordinance.
Offences by protected workers.
38. Any protected worker who contravenes any of the provisions of
subsection (1) of section four (which relates to operations prohibited except when
protective clothing is worn), subsection (1) of section five (which relates to
greenhouses), section eight (which relates to miscellaneous prohibitions and
obligations relating to protected workers), subsection (1) of section nine (which
relates to the repair of apparatus), subsection (3) of section ten (which relates to the
keeping of a register), section eleven (which restricts hours of work) and subsection
(2) of section eighteen (which relates to medical examinations of persons regularly
employed to work on scheduled operations) of this Ordinance shall be guilty of an
offence under this Ordinance.
Offences by spraying contractors.
39. Any spraying contractor who contravenes any of the provisions of
subsection (3) of section sixteen (which relates to poisonous substances not in sealed
containers), subsection (3) of section nineteen (which relates to First-Aid),
subsection (1) and subsection (5) of section twenty-one (which relates to a spraying
contractor's licence), subsection (1) of section twenty-two (which relates to
insurance), section twenty-three (which relates to accommodation in vehicles for
poisonous substances, clothing and apparatus) and subsection (1) of section twenty-
four (which relates to the examination of apparatus) of this Ordinance shall be guilty
Consolidated text
© States of Guernsey 57
of an offence under this Ordinance.
Falsification of records etc.
40. Any person who wilfully makes a false entry in a register, record or
other document kept or furnished in pursuance of this Ordinance or any order
thereunder or wilfully makes use of such a false entry, or wilfully makes or signs as
being a declaration required by an inspector in pursuance of this Ordinance a
declaration which is false, shall be guilty of an offence under this Ordinance.
Penalties.
41. Any person guilty of an offence under this Ordinance for which no
express penalty is provided by this Ordinance shall be liable on conviction to a fine
not exceeding [level 1 on the uniform scale], and if the contravention in respect of
which he is convicted is continued after the conviction he shall, subject to the
provisions of the next following section, be guilty of a further offence and liable on
conviction in respect thereof to a fine not exceeding five pounds for each day on
which the contravention was so continued.
NOTE
In section 41, the words and figure in square brackets were substituted by
the Uniform Scale of Fines (Bailiwick of Guernsey) Law, 1989, section
2(2), with effect from 1st July, 1989.
Power of Court to order the cause of a contravention to be remedied.
42. Where any person is convicted of an offence under this Ordinance,
the Court may, in addition to or instead of inflicting a fine, order him, within the
time specified in the order, to take such steps as may be so specified for remedying
the matters in respect of which the contravention occurred, and may, on application,
enlarge the time so specified, and where such an order is made, such person shall
Consolidated text
© States of Guernsey 58
not be liable under this Ordinance in respect of the continuation of the contravention
during the time allowed by the Court, but if, after the expiration of that time as
originally specified or enlarged by subsequent order, the order is not complied with,
such person shall be liable on conviction to a fine not exceeding five pounds for
each day on which the non-compliance continues.
Penalties on persons actually committing offence for which others are liable.
43. Where an act or default for which any person is liable on conviction
to a penalty under this Ordinance was due to an act or default of another person,
then, whether proceedings are or are not taken against the first-mentioned person,
that other person shall be guilty of an offence and liable on conviction to the same
punishment as that to which the first-mentioned person is, on conviction, liable.
Defence available to persons charged with offences.
44. Where any person charged with any offence under this Ordinance
proves to the satisfaction of the Court that he has used all due diligence to secure
compliance with the provisions of this Ordinance or with an order made thereunder
in respect of which the offence was committed and that the offence was due to the
act or default of some other person who committed it without his consent,
connivance or wilful default, he shall be acquitted of the offence.
Service and sending of documents.
45. (1) Any document to be served for the purposes of this Ordinance
may be served –
(a) on any person by delivering it to him, by leaving it at,
or by sending it by post addressed to him at his usual
or last known place of abode,
(b) on any firm by delivering it to any partner of the firm
Consolidated text
© States of Guernsey 59
or by leaving it at, or sending it by post to, the
principal or last known principal place of business of
the firm,
(c) on any body corporate by leaving it at, or by sending
it by post to, its registered office if situate in the Island
of Guernsey or, if its registered office is not so
situated, its principal or last known principal place of
business in the said Island.
(2) Any notice or other document required to be sent to the
Committee or to the Medical Officer of Health may be sent either by post to, or by
leaving it at, the office of the Committee and at the office of the Medical Officer of
Health respectively.
PART VII
Repeal, application, citation and commencement
Repeal.
46. Part III (which relates to poisonous substances) and paragraph (b) of
subsection (2) of section thirty-one (which relates to the duties of persons employed)
of the Safety of Employees (Growing Properties) Ordinance, 1954, are hereby
repealed.
Application.
47. This Ordinance shall have effect in the Islands of Guernsey, Herm
and Jethou.
Citation and commencement.
Consolidated text
© States of Guernsey 60
48. This Ordinance may be cited as the Poisonous Substances Ordinance,
1962, and shall come into force on the first day of October, nineteen hundred and
sixty-two.
Consolidated text
© States of Guernsey 61
[FIRST SCHEDULE Section two
SUBSTANCES DECLARED TO BE SUBSTANCES WHICH ARE HARMFUL
TO HUMAN BEINGS, ANIMALS OR ANYTHING GROWN ON LAND
Organochlorine componds
Common Name
Substance
aldrin
BHC
gamma-BHC
——
——
chlorbenside
chlorbicyclen
chlordane
chlordecone
chlorfenson
——
chloroneb
chlorobenzilate
——
chloropropylate
A product containing 95% of HHDN
mixed isomers of:
1 ,2,3,4,5,6-hexachlorocyclohexane
gamma-isomer of BHC
bis(pentachloro-2,4-cyclopentadien-l-yl)
carbon tetrachloride
4-chlorobenzyl 4-chlorophenyl sulphide
1,2,3,4,7,7-hexachloro-5,6-di(chloromethyl)-
bicyclo[2,2,1]hept-2-ene
1,2,4,5,6,7,8,8-octachloro-3a,4,7,7a-tetrahydro-4,7-
methanoindane
decachloropentacyclo[3,3,2,02,6,03,9,07, 10]-decan-4-one
4-chlorophenyl 4-chlorobenzenesulphonate
4-chlorophenyl 2,4,5-trichlorophenyl azosulphide
1-4-dichloro-2,5-dimethoxybenzene
ethyl 4,4'-dichlorobenzilate
chloroform
isopropyl 4,4'-dichlorobenzilate
Consolidated text
© States of Guernsey 62
DDT
pp'-DDT
——
——
——
——
——
dicofol
dieldrin
——
endosulfan
endrin
——
fenson
fluorbenside
——
HEOD
heptachlor
——
——
HHDN
technical dichlorodiphenyltrichloroethane, a complex
chemical mixture, in which pp'-DDT predominates
1,1,1-trichloro-2,2-di-(4-chlorophenyl)ethane
o-dichlorobenzene
p-dichlorobenzene
1,2-dichloropropane
1,3-dichloropropene
2-nitro-1,1-bis(p-chlorophenyl) butane and propane mixture
2,2,2-trichloro-1,1-di-(4-chlorophenyl)ethanol
A product containing 85% of HEOD
(4-4'-dichloro-alpha-methylbenzhydrol
(di(p-chlorophenyl)ethanol
(1,1-bis(p-chlorophenyl)ethanol
6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-6,9-
methano-2,4,3-benzo[e]dioxathiepin 3-oxide
1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-
octahydro-exo-1,4-exo-5,8-dimethanonaphthalene
ethylene dichloride (1-2-dichloroethane)
4-chlorophenyl benzenesulphonate
4-chlorobenzyl 4-fluorophenyl sulphide
2-4-dichlorophenyl-benzenesulphonate
1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-
octahydro-exo- l,4-endo-5,8-dimethanonaphthalene
1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-4,7-
methanoindene
hexachloroacetone
hexachlorobenzene
1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-exo-l,4-
endo-5,8-dimethanonaphthalene
Consolidated text
© States of Guernsey 63
isobenzan
isodrin
methoxychlor
——
——
nitrofen
——
——
——
——
TDE
tetradifon
tetrasul
——
——
——
l,3,4,5,6,7,8,8-octachloro-1,3,3a,4,7,7a-hexahydro-4,7-
methanoisobenzofuran
1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-exo-1,4-
exo-5,8-dimethanonaphthalene
1,1,1-trichloro-2,2-di-(4-methoxyphenyl)ethane
methylene chloride (dichloromethane)
1,2-dibromo-3-chloropropane
2,4-dichloro-4'-nitrodiphenyl ether
(1,1-dichloro-2,2-di(4-ethylphenyl)ethane
(diethyl diphenyl dichloroethane
3,4-dichlorotetrahydrothiophene 1,1-dioxide
chlorinated terpenes (66% chlorine)
(4-chlorodiphenyl sulphone
(p-chlorophenyl phenyl sulphone
1,1-dichloro-2,2-di-(4-chlorophenyl)ethane
2,4,4',5-tetrachlorodiphenyl sulphone
2,4,4',5-tetrachlorodiphenyl sulphide
tetrachloroethane
chlorinated camphenes (67-69% chlorine)
1,1,1-trichloroethane
Organophosphorus compounds
Common Name
Substance
amidithion
S-(N-2-methoxyethylcarbamoylmethyl) dimethyl phosphoro-
Consolidated text
© States of Guernsey 64
amiton
amiton oxalate
azinphos-ethyl
azinphos-methyl
azothoate
bromophos
bromophos-ethyl
butonate
carbo-phenothion
chlorfenvinphos
coumaphos
coumithoate
crotoxyphos
cyanthoate
demephion
demephion-O
demephion-S
demeton
demeton-O
demeton-S
demeton-methyl
demeton-O-methyl
thiolothionate
S-[2-(dithylamino)ethyl] diethyl phosphorothiolate
oxalate of amiton
S-(3,4-dihydro-4-oxobenzo[d]-[l,2,3]-triazin-3-ylmethyl)
diethyl phosphorothiolothionate
S-(3,4-dihydro-4-oxobenzo[d]-[1,2,3]-triazin-3-ylmethyl)
dimethyl phosphorothiolothionate
4-(4-chlorophenylazo)phenyl dimethyl phosphorothionate
4-bromo-2,5-dichlorophenyl dimethyl phosphorothionate
4-bromo-2,5-dichlorophenyl diethyl phosphorothionate
dimethyl 1-butyryloxy-2,2,2-trichloroethl-phosphonate
S-(4-chlorophenylthiomethyl) diethyl phosphorothiolo-
thionate
2-chloro-1-(2,4-dichlorophenyl)vinyl diethyl phosphate
3-chloro-4-methyl-7-coumarinyl diethyl phosphorothionate
diethyl 7,8,9,10-tetrahydro-6-oxobenzo[c]chroman-3-yl
phosphorothionate
dimethyl cis-1-methyl-2-(1-phenylethoxycarbonyl)vinyl
phosphate
S-[N-(1-cyano-1-methylethyl)carbamoylmethyl] diethyl
phosphorothiolate
a mixture of demephion-O and demephion-S
dimethyl 2-(methylthio)ethyl phosphorothionate
dimethyl S-[2-(methylthio)ethyl] phosphorothiolate
a mixture of demeton-0 and demeton-S
diethyl 2-(ethylthio)ethyl phosphorothionate
diethyl S-[2-(ethylthio)ethyl] phosphorothiolate
a mixture of demeton-O-methyl and demeton-S-methyl
2-(ethylthio)ethyl dimethyl phosphorothionate
Consolidated text
© States of Guernsey 65
demeton-S-methyl
demeton-S-methyl-
sulphone
——
diazinon
——
——
dichlofenthion
——
dichlorvos
dicrotophos
dimefox
dimethoate
dioxathion
disulfoton
endothion
——
——
ethion
ethoate-methyl
fenchlorphos
fenitrothion
S-[2-(ethylthio)ethyl] dimethyl phosphorothiolate
S-[2-(ethyl-sulphonyl) ethyl] dimethyl phosphorothiolate
S-(2-chloro-1-phthalimidoethyl) diethyl phosphorothiolo-
thionate
diethyl 2-isopropyl-6-methyl-4-pyrimidinyl phosphoro-
thionate
diethyl 2-diethylamino-6-methyl-4-pyrimidinyl phosphoro-
thionate
O,O-diethyl O,3-5,6-trichloro-2-pyridyl phosphorothioate
2,4-dichlorophenyl diethyl phosphorothionate
O,O-dimethyl O-(2-chloro-4-nitrophenyl) phosphorothioate
2,2-dichlorovinyl dimethyl phosphate
dimethyl cis-2-dimethylbarbamoyl-1-methylvinyl phosphate
NNN'N'-tetramethylphosphorodiamidic fluoride
dimethyl S-(N-methylcarbamoylmethyl) phosphorothiolo-
thionate
1,4-dioxan-2,3-ylidene bis-(OO-diethyl phosphorothiolo-
thionate)
diethyl S-[2-(ethylthio)ethyl] phosphorothiolothionate
S-(5-methoxy-4-pyron-2-ylmethyl) dimethyl phosphoro-
thiolate
O-ethyl S-phenyl ethylphosphonodithioate
O-ethyl-O,p-nitrophenyl phenyl phosphorothioate
tetraethyl SS'-methylene bis(phosphorothiolothionate)
S-(N-ethylcarbamoylmethyl) dimethyl phosphorothiolo-
thionate
dimethyl 2,4,5-trichlorophenyl phosphorothionate
dimethyl 3-methyl-4-nitrophenyl phosphorothionate
Consolidated text
© States of Guernsey 66
fensulfothion
fenthion
fonofos
formothion
iodofenphos
lythidathion
malathion
mazidox
mecarbam
menazon
methidathion
mevinphos
mipafox
monocrotophos
morphothion
naled
——
oxydemeton-
methyl
——
diethyl 4-(methylsulphinyl)phenyl phosphorothionate
OO-dimethyl O-(3-methyl-4-methylthiophenyl) phosphoro-
thioate
O-ethyl S-phenyl ethylphosphonothiolothionate
S-(N-formyl-N-methylcarbamoylmethyl) dimethyl phos-
phorothiolothionate
O,O-dimethyl-O,2,5-dichloro-4-iodophenyl phosphoro-
thionate
S-(5-ethoxy-2,3-dihydro-2-oxo-1,3,4-thiadiazol-3-ylmethyl)
dimethyl phosphorothiolothionate
S-[1,2-di(ethoxycarbonyl)ethyl] dimethyl phosphorothiolo-
thionate
NNN'N'-tetramethylphosphorodiamidic azide
S-(N-ethoxycarbonyl-N-methylcarbamoylmethyl) diethyl
phosphorothiolothionate
S-(4,6-diamino-1,3,5-triazin-2-ylmethyl) dimethyl phos-
phorothiolothionate
S-(2,3-dihydro-5-methoxy-2-oxo-1,3,4-thiadiazol-3-
ylmethyl) dimethyl phosphorothiolothionate
2-methoxycarbonyl-1-methylvinyl dimethyl phosphate
NN'-di-isopropylphosphorodiamidic fluoride
dimethyl cis-1-methyl-2-methylcarbamoylvinyl phosphate
dimethyl S-(morpholinocarbonylmethyl) phosphorothiolo-
thionate
1,2-dibromo-2,2-dichloroethyl dimethyl phosphate
diethyl 4-nitrophenyl phosphate
S-[2-(ethysulphinyl)ethyl] dimethyl phosphorothiolate
S-[2-(ethysulphinyl)ethyl] dimethyl phosphorothionate
Consolidated text
© States of Guernsey 67
——
oxydisulfoton
parathion
——
parathion-methyl
phenkapton
phenthoate
phorate
phosalone
phosnichlor
phosphamidon
——
phosmet
pirimiphos-methyl
prothidathion
prothoate
——
——
——
——
S-(ethylsulphinylmethyl) di-isopropyl phosphorothiolo-
thionate
diethyl S-[2-(ethylsulphinyl)ethyl] phosphorothiolothionate
diethyl 4-nitrophenyl phosphorothionate
di-isopropyl 4-nitrophenyl phosphorothionate
dimethyl 4-nitrophenyl phosphorothionate
S-(2,5-dichlorophenylthiomethyl) diethyl phosphorothiolo-
thionate
S-alpha-ethoxycarbonylbenzyl dimethyl phosphorothiolo-
thionate
diethyl S-(ethylthiomethyl) phosphorothiolothionate
S-(6-chloro-2-oxobenzoxazolin-3-yl)methyl diethyl phos-
phorothiolothionate
4-chloro-3-nitrophenyldimethyl phosphorothionate
2-chloro-2-diethylcarbamoyl-1-methylvinyl dimethyl phos-
phate
diethyl phthalimidophosphonothionate
dimethyl S-(N-phthalimidomethyl) phosphorothiolothionate
2-diethylamino-6-methylpyrimidin-4-yl dimethyl phosphoro-
thionate
S-(2,3-dihydro-5-isopropoxy-2-oxo-1,3,4-thiadiazol-3-
ylmethyl) diethyl phosphorothiolothionate
diethyl S-(N-isopropylcarbamoylmethyl) phosphorothiolo-
thionate
a mixture of bis(dialkylphosphinothioyl) disulphides
OO-diethyl O-3-(2-propyl-6-methyl-4-pyrimidinyl) phos-
phorothioate
O-(4-methyl-7-coumarinyl) diethyl phosphorothionate
diethyl 3-methyl-5-pyrazolyl phosphorothionate
Consolidated text
© States of Guernsey 68
——
quinothion
schradan
sophamide
sulfotep
TEPP
tetrachlor-vinphos
thiometon
thionazin
triamiphos
trichloronate
trichlorphon
vamidothion
diethyl 3-methyl-5-pyrazolyl phosphate
diethyl 2-methylquinolin-4-yl phosphorothionate
bis-NNN'N'-tetramethylphosphorodiamidic anhydride
dimethyl S-N-(methoxymethyl)carbamoylmethyl phosphoro-
thiolothionate
bis-OO-diethylphosphorothionic anhydride
bis-OO-diethylphosphoric anhydride
trans-2-chloro-1-(2,4,5-trichlorophenyl) vinyl dimethyl
phosphate
S-[2-(ethylthio)ethyl] dimethyl phosphorothiolothionate
diethyl 2-pyrazinyl phosphorothionate
P-(5-amino-3-phenyl-1,2,4-triazol-1-yl)-NNN'N'-tetra-
methylphosphonicdiamide
ethyl 2,4,5-trichlorophenyl ethylphosphonothionate
dimethyl 2,2,2-trichloro-1-hydroxyethylphosphonate
dimethyl S-[2-(1-methylcarbamoylethylthio)ethyl] phos-
phorothiolate
Substituted phenols and related compounds
Common Name
Substance
——
binapacryl
bromoxynil
dichlobenil
2-benzyl-4-chlorophenol
2,4-dinitro-6-s-butylphenyl 3-methylcrotonate
3,5-dibromo-4-hydroxybenzonitrile
2,6-dichlorobenzonitrile
Consolidated text
© States of Guernsey 69
dinex
——
dinobuton
dinocap
dinocap-4
dinocap-6
dinocton
dinopenton
dinoprop
dinosam
dinoseb
dinoseb acetate
dinosulfon
dinoterb
dinoterbon
DNOC
etinofen
ioxynil
medinoterb
medinoterb
acetate
——
sultropen
2-cyclohexyl-4,6-dinitrophenol
1,3-dinitro-4-thiocyanatobenzene (2,4-dinitro-phenyl thio-
cyanate)
2-s-butyl-4,6-dinitrophenyl isopropyl carbonate
a mixture of dinocap-4 and dinocap-6
an isomeric reaction mixture of 2,6-dinitro-4-octylphenyl
crotonates
an isomeric reaction mixture of 2,4-dinitro-6-octylphenyl
crotonates
methyl 2-(1-methylheptyl)-4,6-dinitrophenyl carbonate
isopropyl 2-(1-methylbutyl)-4,6-dinitrophenyl carbonate
2-isopropyl-3-methyl-4,6-dinitrophenol
2-(1-methylbutyl)-4,6-dinitrophenol
2,4-dinitro-6-s-butylphenol
2,4-dinitro-6-s-butylphenol acetate
S-methyl 2-(1-methylheptyl)-4,6-dinitrophenyl thiolo-
carbonate
2-t-butyl-4,6-dinitrophenol
2-t-butyl-4,6-dinitrophenyl ethyl carbonate
2-methyl-4,6-dinitrophenol
2-ethoxymethyl-4,6-dinitrophenol
4-hydroxy-3,5-di-iodobenzonitrile
6-t-butyl-3-methyl-2,4-dinitrophenol
6-t-butyl-3-methyl-2,4-dinitrophenol acetate
pentachlorophenol
2,4-dinitrophenylpentyl sulphone
Consolidated text
© States of Guernsey 70
Substituted phenoxy and related acids
Common Name
Substance
benazolin
chloramben
chlorfenac
4-CPA
——
2,4-D
——
2,4-DB
——
2,4-DES
dicamba
dichlorprop
fenoprop
——
MCPA
MCPB
——
mecoprop
2,4,5-T
2,4,5-TB
——
4-chloro-2-oxobenzothiazolin-3-ylacetic acid
3-amino-2,5-dichlorobenzoic acid
2,3,6-trichlorophenylacetic acid
4-chlorophenoxyacetic acid
4-(4-chlorophenoxy)butyric acid
2,4-dichlorophenoxyacetic acid
3,4-dichlorophenoxyacetic acid
4-(2,4-dichlorophenoxy)butyric acid
2,4-dichlorophenoxyethyl benzoate
2-(2,4-dichlorophenoxy)ethyl hydrogen sulphate
3,6-dichloro-2-methoxybenzoic acid
(‡)-2-(2,4-dichlorophenoxy)propionic acid
(‡)-2-(2,4,5-trichlorophenoxy)propionic acid
(‡)-2-(2,4,5-trichlorophenoxy)propionic acid propylene glycol
butyl ether esters
4-chloro-2-methylphenoxyacetic acid
4-(4-chloro-2-methylphenoxy)butyric acid
sodium 4-chloro-2-methylphenoxyethyl sulphate
(‡)-2-(4-chloro-2-methylphenoxy)propionic acid
2,4,5-trichlorophenoxyacetic acid
4-(2,4,5-trichlorophenoxy)butyric acid
sodium 2,4,5-trichlorophenoxyethyl sulphate
Consolidated text
© States of Guernsey 71
tricamba
——
——
——
3,5,6-trichloro-2-methoxybenzoic acid
2,3,6-trichlorobenzoic acid
2,3,5-tri-iodobenzoic acid
2-(2,4,5-trichlorophenoxy)ethyl 2,2-dichloro-propionate
Fluoroacetic acid derivatives
Common Name
Substance
——
——
——
——
fluoroacetamide
fluoroacetanilide
fluoroacetic acid
sodium fluoroacetate
Substituted herbicidal aliphatic acids
Common Name
Substance
chloropon
dalapon
——
——
2,2,3-trichloropropionic acid
2,2-dichloropropionic acid
monochloroacetic acid (chloroacetic acid)
trichloroacetic acid
Consolidated text
© States of Guernsey 72
Substituted urea and uracil compounds
Common Name
Substance
benzthiazuron
bromacil
——
buturon
chlorbromuron
chloroxuron
chlortoluron
cycluron
difenoxuron
diuron
fenuron
fluometuron
isocil
isonoruron
linuron
metha-
benzthiazuron
methiuron
metobromuron
metoxuron
monolinuron
monuron
1-(2-benzothiazolyl)-3-methylurea
5-bromo-6-methyl-3-s-butyluracil
1,3-bis(2,2,2-trichloro-1-hydroxyethyl) urea
N'-p-chlorophenyl-N-methyl-N-(1-methyl-2-propynyl)urea
N-(4-bromo-3-chlorophenyl)-N-methoxy-N-methylurea
3-[4-(4-chlorophenoxy)phenyl]-1,l-dimethylurea
N'-(3-chloro-4-methylphenyl)-NN-dimethylurea
3-cyclo-octyl-1,1-dimethylurea
3-[4-(4-methoxyphenoxy)phenyl]-1,1-dimethylurea
N'-(3,4-dichlorophenyl)-NN-dimethylurea
1,1-dimethyl-3-phenylurea
NN-dimethy-N'-(3-trifluoromethylphenyl)urea
5-bromo-3-isopropyl-6-methyluracil
N'-(hexahydro-4,7-methanoindanyl-NN-dimethylurea
N'-(3,4-dichlorophenyl)-N-methoxy-N-methylurea
N-benzothiazol-2-yl-NN-dimethylurea
1,1-dimethyl-3-(3-methylphenyl)thiourea
3-(4-bromophenyl)-1-methoxy-1-methylurea
N'-(3-chloro-4-methoxyphenyl)-NN-dimethylurea
3-(4-chlorophenyl)-1-methoxy-1-methylurea
3-(4-chlorophenyl)-1,1-dimethylurea
Consolidated text
© States of Guernsey 73
neburon
noruron
siduron
terbacil
trimeturon
1-butyl-3-(3,4-dichlorophenyl)-1-methylurea
3-(hexahydro-4,7-methanoindan-5-yl)-1,1-dimethylurea
1-(2-methylcyclohexyl)-3-phenylurea
3-tert-butyl-5-chloro-6-methyluracil
3-(4-chlorophenyl)-1,1,2-trimethylisourea
Substituted carbamate compounds
Common Name
Substance
di-allate
tri-allate
——
aminocarb
asulam
azithiram
barban
benomyl
butacarb
carbanolate
carbaryl
carbetamide
chlorbufam
chlorpropham
——
S-2,3-dichloroallyl di-isopropylthiolcarbamate
S-2,3,3-trichloroallyl di-isopropylthiolcarbamate
NN'-ethylenebis(thiocarbamoyl-N"N"-dimethyl-thio-
carbamoyl)sulphide
4-dimethylamino-3-methylphenyl methyl-carbamate
methyl (4-aminobenzenesulphonyl)carbamate
NN'-bis(dimethylamino)thiuram disulphide
4-chlorobut-2-ynyl 3-chlorophenylcarbamate
methyl N-benzimidazol-2-yl-N-(butylcarbamoyl)carbamate
3,5-di-t-butylphenyl methylcarbamate
2-chloro-4,5-dimethylphenyl methylcarbamate
1-naphthyl methylcarbamate
d-1-(ethylcarbamoyl)ethyl phenylcarbamate
1-methylprop-2-ynyl 3-chlorophenylcarbamate
isopropyl 3-chlorophenylcarbamate
diammonium ethylene bisdithiocarbamate
Consolidated text
© States of Guernsey 74
cufraneb
cuprobam
——
——
dimexan
dioxacarb
——
EPTC
——
ferbam
formetanate
——
——
mancozeb
——
maneb
metham
metam-sodium
——
methiocarb
nabam
pebulate
phenmedipham
pirimicarb
ethylenebisdithiocarbamate metal complex containing 8%
zinc, 8% manganese, 5% copper and 1% iron
tricopper dichloride dimethyldithiocarbamate
5,5-dimethyldihydroresorcinol dimethylcarbamate
Mixture (25% 3-methylpyrazolyl-(5)-dimethyl-car-
( bamate
(65-85% 2-dimethylcarbamoyl-3-methylpyraz-
( olyl-(5)-dimethylcarbamate
di(methoxythiocarbonyl) disulphide
2-(1,3-dioxolan-2-yl) phenyl methylcarbamate
dipyrrolidyl-thiuram-disulphide
S-ethyl dipropylthiocarbamate
S-ethyl N-cyclohexyl-N-ethylthiocarbamate
ferric dimethyldithiocarbamate
3-dimethylaminomethyleneaminophenyl N-methylcarbamate
1-isopropyl-3-methylpyrazolyl-(5)-dimethylcarbamate
manganese dimethyldithiocarbamate
Complex of zinc and maneb containing 20% manganese and
2.5% zinc
Complex of zineb and polyethylene thiuram disulphide
manganese ethylenebisdithiocarbamate (polymeric)
methyldithiocarbamic acid
sodium methyldithiocarbamate
N,N'-methylene-di(zinc ethylenebisdithiocarbamate)
4-methylthio-3,5-xylyl methylcarbamate
disodium ethylenebisdithiocarbamate
S-propyl butylethylthiocarbamate
methyl 3-(m-tolycarbamoyloxy)phenyl carbamate
2-dimethylamino-5,6-dimethylpyrimidin-4-yl NN-dimethyl-
Consolidated text
© States of Guernsey 75
promecarb
propham
propineb
propoxur
——
——
sulfallate
tecoram
thiram
——
zineb
ziram
carbamate
3-isopropyl-5-methylphenyl methylcarbamate
isopropyl phenylcarbamate
zinc propylenebisdithiocarbamate (polymeric)
2-isopropoxyphenyl methylcarbamate
3-methyl-1-phenyl-pyrazolyl-(5)-dimethylcarbamate
sodium dimethyldithiocarbamate
2-chloroally1 diethyldithiolcarbamate
NN'-ethylenebis-(N"N"-dimethylthiuram disulphide)
tetramethylthiuram disulphide
NN'-dimethylthiuram disulphide
zinc ethylenebisdithiocarbamate (polymeric)
zinc dimethyldithiocarbamate
Triazine compounds
Common Name
Substance
ametryne
anilazine
atraton
atrazine
aziprotryne
chlorazine
desmetryne
ipazine
2-ethylamino-4-isopropylamino-6-methylthio-1 ,3,5-triazine
2,4-dichloro-6-(2-chloroanilino)-1,3,5-triazine
2-ethylamino-4-isopropylamino-6-methoxy-1,3,5-triazine
2-chloro-4-ethylamino-6-isopropylamino-1,3,5-triazine
2-azido-4-isopropylamino-6-methylthio-1,3,5-triazine
2-chloro-4,6-bisdiethylamino-1,3,5-triazine
2-isopropylamino-4-methylamino-6-methylthio-1,3,5-triazine
2-chloro-4-diethylamino-6-isopropylamino-1,3,5-triazine
Consolidated text
© States of Guernsey 76
methometon
methoprotryne
prometon
prometryne
propazine
simazine
simeton
simetryne
terbutryne
terbuthylazine
trietazine
2-methoxy-4,6 di-(3-methoxypropylamino)-1,3,5-triazine
2-isopropylamino-4-(3-methoxypropylamino)-6-methylthio-
1,3,5-triazine
2,4-bisisopropylamino-6-methoxy-1,3,5-triazine
2,4-bisisopropylamino-6-methylthio-l,3,5-triazine
2-chloro-4,6-bisisopropylamino-1,3,5-triazine
2-chloro-4,6-bisethylamino-1,3,5-triazine
2,4-bisethylamino-6-methoxy-1,3,5-triazine
2,4-bisethylamino-6-methylthio-1,3,5-triazine
2-ethylamino-4-methylthio-6-t-butylamino-1,3,5-triazine
2-chloro-4-ethylamino-6-t-butylamino-1,3,5-triazine
2-chloro-4-diethylamino-6-ethylamino-1,3,5-triazine
Antibiotics
Common Name
Substance
——
griseofulvin
oxytetracycline
streptomycin
beta-[2-(3,5-dimethyl-2-oxocyclohexyl)-2-hydroxyethyl]
glutarimide
7-chloro-4,6-dimethoxycoumaran-3-one-2-spiro-1'-(2'-
methoxy-6'-methylcyclohex-2'-en-4'-one)
4-dimethylamino-1,4,4a,5,5a,6,11,12a-octahydro-
3,5,6,10,12,12a-hexahydroxy-6-methyl-1,11-dioxo-
naphthacene-2-carboxyamide
2,4-diguanidino-3,5,6-trihydroxycyclohexyl 5-deoxy-2-O-(2-
deoxy-2-methylamino-alpha-L-guocopyranosyl)-3-C-
Consolidated text
© States of Guernsey 77
formyl-beta-L-lyxopentanofuranoside
Mercury compounds
Common Name
Substance
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
chloromethoxy propylmercury acetate
ethoxyethylmercury chloride
ethoxyethylmercury silicate
(3-ethoxypropyl)mercury bromide
N-(ethylmercury)-p-toluene sulphonanilide
(ethylmercury 2,3-hydroxypropylmercaptide
(3-(ethylmercurithio)propane-1,2-diol
ethylmercury bromide
ethylmercury chloride
ethylmercury phosphate
N-ethylmercury 1,2,2,6-tetrahydro-3,6-endo-methano-
3,4,5,6,7,7-hexachlorophthalimide
ethylmercury thiourea
hydroxymercurichlorophenol
hydroxymercurinitrophenol
mercuric chloride (corrosive sublimate)
mercuric oxide
mercurous chloride (calomel)
methoxyethylmercury acetate
2-methoxyethylmercury chloride
Consolidated text
© States of Guernsey 78
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
methylmercury benzoate
(methylmercury-8-hydroxyquinolinate
(methylmercury oxinate
methylmercury nitrile
methylmercury pentachlorophenoxide
(methylmercury dicyandiamide
(N-cyano-N'-(methylmercury)guanidine
phenylmercury acetate
phenylmercury chloride
phenylmercury derivative of pyrocatechol
phenylmercury NN-dimethyl dithiocarbamate
N-phenylmercury ethylenediamine
phenylmercury formamide
bisphenylmercury methylenedi-(x-naphthalene-y-sulphonate)
phenylmercury monoethanol ammonium acetate
8-phenylmercurioxyquinoline
phenylmercury nitrate
phenylmercury oleate
phenylmercury salicylate
phenylmercury salicylanilide
phenylmercury triethanol ammonium lactate
phenylmercuriurea
tolymercury acetate
zinc mercury chromate
Consolidated text
© States of Guernsey 79
Arsenic compounds
Common Name
Substance
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
arsenic trioxide
arsenous oxide
calcium arsenate
calcium arsenite
calcium metaarsenite
copper acetoarsenite
copper arsenate
copper arsenite
diplumbic hydrogen arsenate
lead arsenate
magnesium arsenate
potassium arsenite
sodium arsenate
sodium arsenite
zinc fluoroarsenate
Consolidated text
© States of Guernsey 80
Metallic compounds other than mercury compounds and arsenic compounds
Common Name
Substance
——
——
——
——
——
——
——
——
——
——
——
——
oxine-copper
——
——
——
——
——
——
——
aluminium ammonium sulphate
aluminium phosphide
aluminium sulphate
barium carbonate
(barium silicofluoride
(barium fluorosilicate
boric acid
cadmium dilactate
cadmium sulphate
calcium cyanide
copper acetate
(tetra) copper. calcium oxychloride
copper carbonate
Complex of copper and 8-hydroxyquinoline
copper hydrazine sulphate
copper-lime mixture
copper naphthenate
copper oleate
copper oxychloride
copper oxychloride sulphate
copper resinate (+ PMS)
Consolidated text
© States of Guernsey 81
——
——
——
——
——
decafentin
fentin acetate
fentin chloride
fentin hydroxide
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
copper silicate
copper sulphate
copper zinc chromate
cuprammonium carbonate
cuprous oxide
decyltriphenylphosphonium bromochloro-triphenylstannate
triphenyltin acetate
triphenyltin chloride
triphenyltin hydroxide
(iron sulphate
(ferrous sulphate
lime, hydrated
lime-sulphur
magnesium sulphate
manganese sulphate
nickel sulphate
phenylamino cadmium dilactate
potassium antimonyl tartrate (tartar emetic)
potassium cyanate
potassium hydroxyquinoline sulphate
potassium permanganate
potassium polysulphide
potassium thiocyanate
sodium aluminium fluoride (sodium alumino-fluoride)
sodium carbonate
sodium chlorate
sodium chloride
sodium cyanide
sodium dioctylsulphosuccinate
Consolidated text
© States of Guernsey 82
——
——
——
——
——
——
——
——
——
——
——
——
——
——
——
sodium fluoride
sodium metabisulphite
sodium monochloroacetate
sodium nitrite
sodium polysulphide
sodium selenate
sodium silicofluoride (sodium fluorosilicate)
sodium tetraborate (borax)
sodium thiocyanate
sodium trichloroacetate
thallium sulphate
tricyclohexyltin hydroxide
tri-sodium orthophosphate
zinc phosphide
zinc sulphate
Miscellaneous fungicides
Common Name
Substance
benquinox
captafol
captan
carboxin
——
1,4-benzoquinone 1-benzoylhydrazone 4-oxime
N-(1,1,2,2-tetrachloroethylthio)cyclohex-4-ene-1,2-
dicarboxyimide
N-(trichloromethylthio)-3a,4,7,7a-tetrahydrophthalimide
2,3-dihydro-6-methyl-5-phenylcarbamoyl-1,4-oxathiin
chloranil
Consolidated text
© States of Guernsey 83
dazomet
dichlofluanid
dichlone
dichlorophen
——
——
dicloran
——
dimethirimol
——
——
——
dithianon
dodemorph
dodemorph
acetate
dodine
drazoxolon
etem
ethirimol
ethoxyquin
——
folpet
——
——
——
——
tetrahydro-3,5-dimethyl-2H-1,3,5-thiadiazine-2-thione
N'-dichlorofluoromethylthio-NN-dimethyl-N' phenylsulpha-
mide
2,3-dichloro-1,4-naphthaquinone
di-(5-chloro-2-hydroxyphenyl)methane
3(3,5-dichlorophenyl)5,5,dimethyl-oxazolodinedione 2,4
alpha-(2,4-dichlorophenyl)-alpha-phenyl-5-pyrimidine-
methanol
2,6-dichloro-4-nitroaniline
3-acetyl-6-methyl-2,4-pyrandione
5-butyl-2-dimethylamino-4-hydroxy-6-methylpyrimidine
diphenyl (biphenyl)
diphenylamine
diphenyl sulphone
2-3-dicyano-1,4-dihydro-1,4-dithia-anthraquinone
4-cyclododecyl-2,6-dimethylmorpholine
4-cyclododecyl-2,6-dimethylmorpholinc acetate
dodecylguanidine acetate
4-(2-chlorophenylhydrazono)-3-methyl-5-isoxazolone
hexahydro-2,7-dithio-1,3,6-thiadiazepine
5-butyl-2-ethylamino-4-hydroxy-6-methylpyrimidine
6-ethoxy-1,2-dihydro-2,2,4-trimethylquinoline
5-ethoxy-3-trichloromethyl-1,2,4-thiadiazole
N-(trichloromethylthio)phthalimide
formic acid
2-heptadecyl-2-imidazoline acetate
8-hydroxyquinoline
2-iodobenzanilide
Consolidated text
© States of Guernsey 84
——
——
milneb
oxycarboxin
——
——
quinazamid
quintozene
——
——
——
——
——
——
tecnazene
——
——
thiabendazole
thiophanatemethyl
——
tridemorph
mercaptobenzothiazole
2,2'-methylenebis(3,4,6-trichlorophenol)
3,3'-ethylenebis(tetrahydro-4,6-dimethyl-2H-1,3,5-thiadia-
zine-2-thione)
2,3-dihydro-6-methyl-5-phenylcarbamoyl-1,4-oxathiin-4,4-
dioxide
2-phenylphenol
propionic acid
benzoquinone monosemicarbazone
pentachloronitrobenzene
salicylanilide
sulphur
sulphur dioxide
sodium 4-(dimethylamino) benzenediazosulphonate
(sodium o-phenylphenate
(sodium orthophenylphenate
pyridine-2-thiol-1-oxide
1,2,4,5-tetrachloro-3-nitrobenzene
N-methanesulphonyl-trichloromethanesulphen-p-chloroanilide
tetrachloroisophthalonitrile
2-(thiazol-4-yl)benzimidazole
1,2-di-(3-methoxycarbonyl-2-thioureido) benzene
tributyltin oxide
2,6-dimethyl-4-tridecylmorpholine
Miscellaneous insecticides, molluscicides, acaricides and repellents
Consolidated text
© States of Guernsey 85
Common Name
Substance
aldicarb
allethrin
——
——
——
——
——
——
bioresmethrin
——
bromocyclen
——
——
——
——
——
——
——
dimethrin
dodicin
fenazaflor
2-methyl-2-(methylthio)propionaldehyde 0-(methyl-
carbamoyl)oxime
(‡)-3-allyl-2-methyl-4-oxocyclopent-2-enyl (‡)-cis-trans-
chrysanthemate
1-(dimethylcarbamoyl)-1-methylthioformaldehyde-0-(methyl-
carbamoyl)oxime
anthraquinone
2-(p-tert-butylphenoxy)-isopropyl 2'-chloroethyl sulphite
2-[2-(p-tert-butylphenoxy)isopropoxy]isopropyl chloroethyl
sulphite
azobenzene
bacillus thuringiensis
5-benzyl-3-furylmethyl (+)trans-chrysanthemate
bone oil
5-bromomethyl-1,2,3,4,7,7-hexachlorobicyclo[2,2,1]hept-2-
ene
alpha-chloralose (glucochloralose)
N-(2-methyl-4-chlorophenyl)N'N'-dimethylformamidine
cinerins
di-n-butyl phthalate
diethyltoluamide (NN-diethyl-m-toluamide)
dimethyl phthalate
2-thiocyanoethyl esters of C10-18 aliphatic acids
2,4-dimethylbenzyl (‡)-cis-trans-chrysanthemate
3,6,9-triazaheneicosanoic acid
phenyl 5,6-dichloro-2-trifluoromethylbenzimidazole-1-
Consolidated text
© States of Guernsey 86
——
——
——
——
niclosamide
——
——
——
——
——
——
——
——
——
——
propargite
——
——
quino-methionate
resmethrin
——
——
——
——
carboxylate
isobornyl-thiocyanoacetate
metaldehyde
naphthalene
N-propyl isome
5-chloro-N-(2-chloro-4-nitrophenyl) salicylamide
nicotine
nicotine sulphate
N-octylbiscyclo-(2,2,1)-5-heptane-2,3-dicarboximide
(phenothiazine
(dibenzo-1,4-thiazine
(thiodiphenylamine
organic thiocyanates
petroleum oils
piperonyl butoxide
(5-[2-(2-butoxyethoxy)ethoxymethyl]-6-propyl-1,3-benzo-
dioxole
piperonyl cyclonene
polybutenes
polyvinyl acetate
2-(p-tert-butylphenoxy)cyclohexyl propargyl sulfite
pyrethrins
quassia
6-methyl-2-oxo-1,3-dithiolo[4,5-b]quinoxaline
5-benzyl-3-furylmethyl (+)-trans-chrysanthemate
rotenone
ryania
methlenedioxyphenoxytrioxaundecane
n-octyl sulphoxide of iso-safrole
Consolidated text
© States of Guernsey 87
——
——
——
——
thioquinox
trifenmorph
sabadilla
sesamin
sulphaquinoxaline
tar oils
2-thio-1,3-dithiolo[4,5-b]quinoxaline
4-(triphenylmethyl) morpholine
Miscellaneous herbicides and growth regulators
Common Name
Substances
——
——
allidochlor
——
——
——
——
brompyrazone
chloranocryl
chlorflurazole
chlorflurecol
chlormequat
——chlorphonium
chlorthal
chlorthiamid
acrolein
acrylic copolymer emulsion
NN-diallylchloroacetamide
allyl alcohol
aminotriazole (3-amino-1,2,4-triazole)
1,3,5-triamino-1,2,4-triazole
ammonium sulphamate
5-amino-4-bromo-2-phenyl-pyridazin-3-one
N-(3,4-dichlorophenyl)methacrylamide
4,5-dichloro-2-trifluoromethylbenzimidazole
2-chloro-9-hydroxyfluorene-9-carboxylic acid
2-chloroethyltrimethylammonium ion
2-chloro-NN-diethylacetamide
tributyl-2,4-dichlorobenzylphosphonium ion
2,3,5,6-tetrachloroterephthalic acid
Consolidated text
© States of Guernsey 88
cyanazine
cypromid
daminozide
diphenamid
diquat
endothal
ethephon
——
flurecol
——
——
——
lenacil
——
methachlor
——
monalide
morfamquat
——
——
——
naptalam
——
paraquat
pentanochlor
picloram
2,6-dichlorothiobenzamide
2-(4-chloro-6-ethylamino-1,3,5-triazin-2-ylamino)-2 methyl-
propionitrile
N-(3,4-dichlorophenyl)cyclopropanecarboxyamide
N-dimethylaminosuccinamic acid
NN-dimethyldiphenylacetamide
9,10-dihydro-8a,10a-diazoniaphenanthrene ion
7-oxabicyclo[2,2,1]heptane-2,3-dicarboxylic acid
2-chloroethylphosphonic acid
bis(ethylxanthic) disulphide
9-hydroxyfluorene-9-carboxylic acid
gibberellic acid
gibberellins
beta-indolylbutyric acid
3-cyclohexyl-6,7-dihydro-1H-cyclopentapyrimidine-
2,4(3H,5H)dione
maleic hydrazide
2'-chloro-2,6-diethyl-N-methoxymethylacetanilide
methyl esters of octanoic and decanoic acids
N-(4-chlorophenyl)-2,2-dimethylvaleramide
1,1'-bis-(3,5-dimethylmorpholinocarbonylmethyl)-4,4'-
bipyridylium ion
alpha-naphthaleneacetic acid (1-naphthylacetic acid)
naphthoxyacetic acids (naphthyloxyacetic acids)
N-1-naphthylphthalimide
N-1-naphthylphthalamic acid
nonanol (3,5,5-trimethylhexan-1-ol)
1,1'-dimethyl-4,4'-bipyridylium ion
N-(3-chloro-4-methylphenyl)-2-methylvaleramide
Consolidated text
© States of Guernsey 89
——
propachlor
propanil
propyzamide
proxan
pyrazone
——
trifluralin
4-amino-3,5,6-trichloropicolinic acid
potassium iodide
2'-chloro-N-isopropylacetanilide
3',4'-dichloropropionanilide
N-(1,1-dimethylpropynyl)-3,5-dichlorobenzamide
isopropylxanthic acid
5-amino-4-chloro-2-phenyl-pyridazin-3-one
sulphuric acid
2,6-dinitro-NN-dipropyl-4-trifluoromethylaniline
Sterilants and fumigants
Common Name
Substance
——
——
——
——
——
——
——
——
——
——
——
acrylonitrile
alkyl polyethylene glycol
carbon disulphide
(chloropicrin
(trichloronitromethane
cresylic acid (mixed cresols)
epoxyethane (ethylene oxide)
ethylene dibromide (1,2-dibromoethane)
ethylene glycol
formaldehyde
paraformaldehyde
hydrochloric acid
Consolidated text
© States of Guernsey 90
——
——
——
——
——
——
——
——
——
hydrofluoric acid
hydrogen cyanide
isothiocyanatomethane (methyl isothiocyanate)
methyl bromide (bromomethane)
oxalic acid
phosphine
hydrogen phosphide
2,3,5-trichloromucononitrile
xylenol (mixed xylenols)
xylol
Rodenticides
Common Name
Substance
antu
chlorophacinone
coumachlor
coumatetralyl
crimidine
——
diphacinone
fumarin
norbormide
——
1-naphthylthiourea
2-(2-p-chlorophenyl-2-phenylacetyl)indane-1,3-dione
3-(alpha-acetonyl-4-chlorobenzyl)-4-hydroxy-coumarin
4-hydroxy-3-(1,2,3,4-tetrahydro-1-naphthyl)coumarin
2-chloro-4-dimethylamino-6-methylpyrimidine
cyanide powders
2-(diphenylacetyl)indane-1,3-dione
3-(alpha-acetonylfurfuryl)-4-hydroxycoumarin
5-(alpha-hydroxy-alpha-2-pyridylbenzyl)-7-(alpha-2-
pyridylbenzylidene)norborn-5-ene-2,3-dicarboxyimide
phosphorus (red)
Consolidated text
© States of Guernsey 91
pindone
——
——
——
warfarin
2-pivaloylindane-1,3-dione
strychnine
Urginea maritima
tetramethylene disulphotetramine
3-(alpha-acetonylbenzyl)-4-hydroxycoumarin
]
NOTE
The First Schedule was substituted by the Poisonous Substances
(Amendment) Ordinance, 1972, section 1, Schedule, Part I, with effect from
26th April, 1972.1
Consolidated text
© States of Guernsey 92
[SECOND SCHEDULE
POISONOUS SUBSTANCES IN RELATION TO WHICH THE PROVISIONS OF
PART III OF THIS ORDINANCE APPLY
Common Name
Substance
—
demeton
dimefox
mazidox
Part I
(Chloropicrin
(trichloronitromethane
Any mixture of demeton-O (diethyl 2-(ethylthio) ethyl
phosphorothionate) and demeton-S (diethyl S-(2-
(ethylthio) ethyl) phosphorothiolate)
NNN 'N'-tetramethylphosphorodiamidic fluoride
NNN'N'-tetramethylphosphorodiamidic azide
aldicarb
amiton
carbofuran
cycloheximide
Part II
2-methyl-2-(methylthio) propionaldehyde O-(methyl-
carbamoyl) oxime
S-(2-diethylaminoethyl) diethyl phosphorothiolate. The salts
of the last-mentioned substance
2, 3-dihydro-2, 2-dimethyl benzofuran-7yl methylcarbamate
3-(2-(3, 5 dimethyl-2 oxocyclohexyl)-2-hydroxyethyl)-
glutarimide
Consolidated text
© States of Guernsey 93
dialifos
dinoseb
dinoterb
disulfoton
D N O C (D NC)
endosulfan
endothal
endrin
fonofos
medinoterb
mephosfolan
methomyl
mevinphos
mipafox
oxamyl
parathion
phorate
—
schradan
—
S-(2-chloro-1-phthalimidoethyl) diethyl phosphorothiolo-
thionate
2-(1-methyl-n-propyl)-4, 6-dinitrophenol
The salts of the last-mentioned substance
2-t-butyl-4, 6 dinitrophenol
diethyl S-(2-(ethylthio) ethyl) phosphorothiolothionate
2-methyl-4, 6-dinitrophenol
The salts of the last-mentioned substance
6, 7, 8, 9, 10, 10-hexachloro-1, 5, 5a, 6, 9, 9a-hexahydro-6,
9-methano-2, 4, 3-benzo(e) dioxathiepin 3-oxide
7-oxabicyclo (2, 2, 1) heptane-2, 3-dicarboxylic acid
The salts of the last-mentioned substance
1, 2, 3, 4, 10, 10-hexachloro-6, 7-epoxy-1, 4, 4a, 5, 6, 7, 8,
8a-octahydro-exo-1, 4-exo-5, 8-dimethano-
naphthalene fluoroacetamide
O-ethyl phenyl ethylphosphonothiolothionate
6-t-butyl-3-methyl-2, 4-dinitrophenol
diethyl N-C 4-methyl-1, 3 dithiolan 2-ylidene phosphor-
amidate
1-(methylthio) ethylideneamino N-methylcarbamate
cis-2-methoxycarbonyl-1-methylvinyl dimethyl phosphate
NN'-di-isopropylphosphorodiamidic fluoride
NN-dimethyl-α-methylcarbamoyloxyimino-2 (methylthio)
acetamide
diethyl 4-nitrophenyl phosphorothionate
diethyl S-(ethylthiomethyl) phosphorothiolothionate
potassium arsenite
bis-NNN 'N'-tetramethylphosphorodiamidic anhydride
sodium arsenite
Consolidated text
© States of Guernsey 94
sulfotep
TEPP (HETP)
thiometon
thionazin
triamiphos
bis-OO-diethylphosphorothionic anhydride
bis-OO-diethylphosphoric anhydride
S-(2-(ethylthio) ethyl) dimethyl phosphorothiolothionate
diethyl O-2-pyrazinyl phosphorothionate
(5-amino-3-phenyl-1, 2, 4-triazol-1-yl) NNN 'N'-tetramethyl
phosphonic diamide
azinphos-ethyl
azinphos-methyl
chlorfenvinphos
decamethrin
demephion
demeton-methyl
demeton-S-methyl
demeton-S-methyl
sulphon
dichlorvos
dioxathion
Part III
S-(3, 4-dihydro-4-oxobenzo (d)-(1, 2, 3)-triazin-3-ylmethyl)
diethyl phosphorothiolothionate
S-(3, 4-dihydro-4-oxobenzo (d)-(1, 2, 3)-triazin-3-ylmethyl)
dimethyl phosphorothiolothionate
2-chloro-1-(2, 4-dichlorophenyl) vinyl diethyl phosphate
(S)-a-cyano-3-phenoxy-benzyl (1R, 3R)-3-(2, 2-dibro
movinyl)-2, 2-dimethylcyclopropane carboxylate
Any mixture of demephion-O, dimethyl 2-(methylthio) ethyl
phosphorothionate and demephion S, dimethyl S-2-
(methylthio) ethyl phosphorothiolate
Any mixture of demeton-O-methyl (2-(ethylthio) ethyl
dimethyl phosphorothionate) and demeton-S-methyl
(S) 2-(ethylthio) ethyl) dimethyl phosphorothiolate)
S-(2-(ethylthio) ethyl) dimethyl phosphorothiolate
S-(2-(ethylsulphonyl)-ethyl) dimethyl phosphorothiolate
2, 2-dichlorovinyl dimethyl phosphate
Consolidated text
© States of Guernsey 95
drazoxolon
ethion
fenaminosulf
fenazaflor
fentin acetate
fentin hydroxide
formetanate
mecarbam
methidathion
nicotine
omethoate
oxydemetonmethyl
phenkapton
phosphamidon
perimiphos-ethyl
thiometon
triazophos
vamidothion
1, 4-dioxan-2, 3-diyl SS-di-(OO-diethyl phosphorodithioate
4-(2 chlorophenyl hydrazono)-3-methyl-5-isoxazolone
tetraethyl SS'-methylene bis-(phosphorothiolothionate)
sodium 4-(dimethylamino) benzenediazosulphonate
phenyl 5, 6-dichloro-2 trifluoromethyl-benzimidazole-l-
carboxylate
triphenyltin acetate
triphenyltin hydroxide
3-dimethylaminomethyleneaminophenyl N-methylcarbamate
S-(N-ethoxycarbonyl-N-methylcarbamoyl-methyl) diethyl
phosphorothiolothionate
S-(2, 3-dihydro-5-methoxy-2 oxo-1, 3, 4 thiadiazol-3-
ylmethyl) dimethyl phosphorothiolothionate
3-(1-methyl-2 pyrrolidinyl) pyridine
dimethyl S-(N-methylcarbamoylmethyl) phosphorothioate
S-(2-(ethylsulphinyl) ethyl) dimethyl phosphorothiolate
S-(2, 5-dichlorophenylthiomethyl) diethyl phosphorothiolo-
thionate
2-chloro-2-diethylcarbamoyl-1-methylvinyl dimethyl
phosphate
O-2-diethylamino-6-methyl pyrimidin-4-yl OO diethyl
phosphorothioate
S-2-(ethylthio) ethyl dimethyl phosphorothiolothionate
diethyl 4-phenyl-1, 3, 4-triazol-2-y1 phosphorothionate
dimethyl S-(2-(1-methylcarbamoylethylthio) ethyl)
phosphorothiolate
Consolidated text
© States of Guernsey 96
Part IV
Any organomercury compound
]
NOTE
The Second Schedule was substituted by the Poisonous Substances
(Amendment) Ordinance, 1980, section 2, Second Schedule, with effect
from 25th June, 1980.2
Consolidated text
© States of Guernsey 97
[THIRD SCHEDULE Section four
SCHEDULED OPERATIONS
Operation
Class or description of
poisonous substance
Protective clothing
required to be worn
1. Except where items 2 or
3 hereof apply or where
the poisonous substance
is in capsule form—
(a) opening a container
containing a poison-
ous substance, or
(b) diluting or mixing a
poisonous substance,
or transferring it
from one container
to another, or
(c) handling any opened
and un-sealed con-
tainer containing a
poisonous substance.
Any poisonous substance
specified in Part I of the
Second Schedule.
Rubber gloves, rubber
boots, a respirator and
either –
(a) an overall and a
rubber apron, or
(b) a mackintosh.
Any poisonous substance
specified in Part II of the
Second Schedule.
Rubber gloves, rubber
boots, a face-shield and
either –
(a) an overall and a
rubber apron, or
(b) a mackintosh.
Any poisonous substance
specified in Part III of the
Second Schedule.
Rubber gloves and a
face-shield.
Consolidated text
© States of Guernsey 98
2. The like operations
where either of the
poisonous substances
specified opposite this
item in the second
column is to be used
exclusively as an
insecticide.
Dinoseb or DNOC.
Rubber gloves and
either a face-shield or
eye-shield.
3. Opening a container
containing a specified
poisonous substance in
granular form or
transferring the contents
from one container to
another.
Any poisonous substance
specified in Part I of the
Second Schedule.
Rubber gauntlet gloves,
rubber boots, a respirat-
or and either –
(a) an overall and a
rubber apron, or
(b) a mackintosh,
with the sleeves worn
over the cuffs of the
rubber gauntlet gloves.
Consolidated text
© States of Guernsey 99
Any poisonous substance
specified in Part II of the
Second Schedule.
Rubber gauntlet gloves
and either an overall or
a mackintosh with the
sleeves worn over the
cuffs of the rubber
gauntlet gloves.
Any poisonous substance
specified in Part III of the
Second Schedule.
Rubber gloves.
4. Opening a container
containing smoke shreds
which contain not more
than 40 per cent by
weight of the substance
specified in the second
column or transferring
the contents from one
container to another.
Nicotine.
Rubber gloves.
Consolidated text
© States of Guernsey 100
5. Washing or cleansing
spraying apparatus, soil-
application apparatus or
granule placement ap-
paratus which has been
used with a poisonous
substance.
Any poisonous substance
specified in Parts I and II
of the Second Schedule.
Rubber boots, a face-
shield and either –
(a) an overall and a
rubber apron, or
(b) a mackintosh.
Any poisonous substance
specified in Parts III and
IV of the Second Schedule.
Rubber gloves, rubber
boots and a face-shield.
6. Washing or cleansing a
tank which contains or
has contained a poison-
ous substance.
Any poisonous substance
specified in Parts I and II
of the Second Schedule.
Rubber gauntlet gloves,
a face-shield and either –
(a) an overall and a
rubber apron, or
(b) a mackintosh.
Any poisonous substance
specified in Parts III and
IV of the Second
Schedule.
Rubber gloves, rubber
boots and a face-shield.
Consolidated text
© States of Guernsey 101
7. Spraying any ground
crop with a poisonous
substance except where
carried out in a
greenhouse.
Any poisonous substance
specified in Parts I and IV
of the Second Schedule.
An overall, a hood,
rubber gloves, rubber
boots and a respirator.
Any poisonous substance
specified in Part II of the
Second Schedule.
An overall, a hood,
rubber gloves, rubber
boots and either a face-
shield or a dust mask.
8. Spraying bushes, climb-
ing plants or trees with
a poisonous substance
except where carried
out in a greenhouse.
Any poisonous substance
specified in Parts I and IV
of the Second Schedule.
A rubber coat, rubber
gloves, rubber boots, a
sou'wester and a
respirator.
Any poisonous substance
specified in Part II of the
Second Schedule.
A rubber coat, rubber
gloves, rubber boots, a
sou'wester and a face-
shield.
Consolidated text
© States of Guernsey 102
9. Spraying in a green-
house with a poisonous
substance (except where
an aerosol dispenser or
a smoke-generator is
used).
Any poisonous substance
specified in Part I of the
Second Schedule.
Rubber gloves, rubber
boots, a hood, a
respirator and either –
(a) an overall, or
(b) a mackintosh.
Any poisonous substance
specified in Part II of the
Second Schedule.
Rubber gloves, rubber
boots, a hood, a face-
shield and either –
(a) an overall, or
(b) a mackintosh.
10. Spraying in a green-
house with a poisonous
substance where an
aerosol dispenser is
used.
Any poisonous substance
specified in the Second
Schedule.
Rubber gloves, a hood,
a respirator and either –
(a) an overall and a
rubber apron, or
(b) a mackintosh.
Consolidated text
© States of Guernsey 103
11. Granule placement of a
poisonous substance by
hand or by means of
hand-operated granule
placement apparatus.
Any poisonous substance
specified in Part I of the
Second Schedule.
An overall, a hood,
rubber gauntlet gloves,
rubber boots and a
respirator, with the
sleeves of the overall
worn over the cuffs of
the rubber gauntlet
gloves.
Any poisonous substance
specified in Part II of the
Second Schedule.
Rubber gauntlet gloves
and either an overall or
a mackintosh, with the
sleeves worn over the
cuffs of the rubber
gauntlet gloves.
Consolidated text
© States of Guernsey 104
12. Granule placement of a
poisonous substance by
means of granule
placement apparatus
operated otherwise than
by hand, or, where such
apparatus is being used
for the purpose mounted
on or drawn either
directly or indirectly by
a tractor, operating any
other apparatus mounted
on or so drawn by the
tractor.
Any poisonous substance
specified in Part I of the
Second Schedule.
An overall, a hood,
rubber gauntlet gloves,
rubber boots and a
respirator, with the
sleeves of the overall
worn over the cuffs of
the rubber gauntlet
gloves.
Any poisonous substance
specified in Part II of the
Second Schedule.
Either an overall or a
mackintosh.
13. Dipping plants and
bulbs in a poisonous
substance, which
includes their removal
from the solution and
subsequent handling
whilst wet.
Any poisonous substance
specified in Part I of the
Second Schedule.
Rubber gauntlet gloves,
rubber boots, a respirat-
or and either –
(a) an overall and a
rubber apron, or
(b) a mackintosh.
Consolidated text
© States of Guernsey 105
Any poisonous substance
specified in Parts II and III
of the Second Schedule.
Rubber gauntlet gloves,
rubber boots and either –
(a) an overall and a
rubber apron, or
(b) a mackintosh.
14. Handling potato plants
which have been spray-
ed with a poisonous
substance specified in
the second column,
within the previous 10
days.
Potassium arsenite or
sodium arsenite.
An overall, rubber
gloves, rubber boots
and a dust-mask.
15. Soil-application of a
poisonous substance
(except where carried
out in a greenhouse)
when carried out by the
driver of –
(a) tractor-mounted
soil-application
apparatus, or
Any poisonous substance
specified in Parts I and II
of the Second Schedule.
An overall, rubber
boots and rubber
gloves.
Consolidated text
© States of Guernsey 106
(b) tractor-drawn soil-
application apparat-
us (if the driver is
unaccompanied).
16. Soil-application of a
poisonous substance
(except where carried
out in a greenhouse)
when carried out by any
operator on foot
(including a person
principally engaged as a
tractor-driver whilst not
engaged in tractor-
driving).
Any poisonous substance
specified in Parts I and II
of the Second Schedule.
An overall, rubber
boots, rubber gloves
and a rubber apron.
17. Soil-application of a
poisonous substance in a
greenhouse.
Any poisonous substance
specified in Part I of the
Second Schedule.
Rubber gloves, rubber
boots, a rubber apron, a
respirator and an
overall.
Consolidated text
© States of Guernsey 107
Any poisonous substance
specified in Part II of the
Second Schedule.
Rubber gloves, rubber
boots, a rubber apron
and an overall.
18. Handling any empty
container which has
contained any poison-
ous substance.
Any poisonous substance
specified in the Second
Schedule.
Rubber gloves.
19. Removing plants or soil
from any place which
during the previous
twenty-one days has
been subjected to an
application of, or
sprayed with a
poisonous substance.
Any poisonous substance
specified in the Second
Schedule.
Rubber gloves.
]
NOTE
The Third Schedule was substituted by the Poisonous Substances
(Amendment) Ordinance, 1972, section 1, Schedule, Part III, with effect
from 26th April, 1972.3
Consolidated text
© States of Guernsey 108
1 The First Schedule was previously amended by the Poisonous Substances
Ordinance, 1967, section 9(6), Schedule, Part I, with effect from 13th February,
1967; the Poisonous Substances (Amendment) Ordinance, 1968, section 1(1), with
effect from 31st January, 1968; the Poisonous Substances (Amendment) Ordinance,
1969, section 1(1), with effect from 28th May, 1969; the Poisonous Substances
(Amendment) Ordinance, 1970, section 1, First Schedule, Part I, with effect from
29th April, 1970. 2 The Second Schedule was previously amended by the Poisonous Substances
(Amendment) Ordinance, 1963, section 1(b), with effect from 16th December,
1963; the Poisonous Substances Ordinance, 1967, section 9(6), Schedule, Part II,
with effect from 13th February, 1967; the Poisonous Substances (Amendment)
Ordinance, 1968, section 1(2), with effect from 31st January, 1968; the Poisonous
Substances (Amendment) Ordinance, 1969, section 1(2), with effect from 28th
May, 1969; the Poisonous Substances (Amendment) Ordinance, 1970, section 1,
First Schedule, Part II, with effect from 29th April, 1970; the Poisonous Substances
(Amendment) Ordinance, 1972, section 1, Schedule, Part II, with effect from 26th
April, 1972. 3 The Third Schedule was previously amended by the Poisonous Substances
Ordinance, 1967, section 9(6), Schedule, Part III, with effect from 13th February,
1967.