National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)

Notices

Extended Producer Responsibility Scheme for the Pesticide Sector

1. Definitions

Purchase

In this Notice any word or expression to which a meaning has been assigned in the Act and in the Extended Producer Responsibility Regulations, 2020, bears that meaning, and unless the context otherwise indicates—

"consumer"

means any person, category of persons or company who uses pesticides for whatever personal, agricultural, industrial, environmental or professional purposes in whichever environment;

"container"

means any object used to hold a pesticide containing product, including but not limited to High Density Polyethylene (HDPE), Low Density Polyethylene (LDPE), Polyethylene terephthalate (PET), paper bags, cardboard boxes, polypropylene (PP) bags, tubs and caulking tubes, glass bottles, aluminium canisters, aerosol dispensers and steel drums;

"Extended Producer Responsibility Regulations, 2020"

means the Regulations published in Government Notice 1184 of Government Gazette 43879 on 5 November 2020;

"obsolete pesticide"

means any pesticide that is banned, prohibited, abandoned, unwanted, expired, off-specification, left-over, undesired, has been damaged or deteriorated;

"legacy obsolete pesticides"

means the obsolete pesticides that were put into the market before promulgation of this Notice;

"pesticide"

means any chemical substance or biological remedy, or any mixture or combination of any substance or remedy intended or offered to be used—

(a)

for the destruction, control, repelling, attraction or prevention of any undesired microbe, alga, nematode, fungus, insect, plant, vertebrate, invertebrate, or any product thereof, but excluding any chemical substance, biological remedy or other remedy in so far as it is controlled under the Medicines and Related Substances Control Act, 1965 (Act No 101 of 1965), or

(b)	as plant growth regulator, defoliant, desiccant or legume inoculant, and anything which the Minister responsible for Agriculture has by notice in the Gazette declared an agricultural remedy;

"pesticide co-formulant"

means a non-active component of a formulated pesticide product;

"registration holder"

means the person to whom a certificate of registration in respect of a particular agricultural remedy has been issued in terms of the Fertilizer, Farm Feeds, Agricultural Remedies and Stock Remedy Act, 1947 (Act No. 36 of 1947);

"thermal treatment"

means incineration, co-processing and other high temperature treatment of hazardous and general waste; and

"the Act"

means the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008).