Revised Laws of Saint Lucia (2021)

2.   Interpretation

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   (1)   In this Act—

“advertise” includes promote, directly or indirectly, sale or use of;

“agricultural product” does not include crops that are not separated or extracted from the land;

“analyst” means a person designated under section 60;

“Board” means the Pesticides and Toxic Chemicals Control Board established under section 5;

“chemical weapon” has the same meaning as in the Convention; for the removal of doubt, the words “toxic chemicals” in the Convention definition of chemical weapons has the same meaning as in the Convention and not as defined in this Act;

“consumption” when used in relation to a Schedule 1, 2, 3 or unscheduled discrete organic chemical, has the same meaning as in the Convention;

“Convention” means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction done at Paris on 13 January 1993;

“Dealer's Licence” means a licence issued under Part 4 for the purpose of section 28 of this Act;

“Export Licence” means a licence issued under Part 4 for the purpose of sections 31, 34(2), 36, and 38 of this Act;

“facility” means a particular plant site comprising one or more plants where activities involving Schedule 1, 2, 3 or unscheduled discrete organic chemicals, for purposes not prohibited by the Convention, are carried out;

“facility agreement” means an agreement or arrangement between Saint Lucia and the OPCW relating to a specific facility subject to on-site verification under the Convention;

“General Licence” means a licence issued under Part 4 for the purpose of section 29 of this Act;

“Import Licence” means a licence issued under Part 4 for the purpose of sections 31, 34(2), 36, and 38 of this Act;

“Inspector” when used without qualification refers to both a Pesticides and Toxic Chemicals and an OPCW Inspector;

“manufacture” includes any synthesising, formulating and repackaging;

“medical examiner” means a person designated as such under section 60;

“Minister” means the Minister responsible for agriculture;

“non-sale activity” refers to research, education, health, industry or agriculture but does not include household use;

“observer” means a representative of a State Party to the Convention who requested a challenge inspection or a third State Party to the Convention to observe the challenge inspection;

“OCP facility” (other chemical production facility) means any facility—

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   (a)     which—

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      (i)     consists of a plant site and produced by synthesis during the previous calendar year more than 200 tonnes of unscheduled discrete organic chemicals, or

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      (ii)     consists of one or more plants and produced by synthesis during the previous calendar year more than 30 tonnes of an unscheduled discrete organic chemical containing the elements phosphorus, sulphur or fluorine; and

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   (b)     which did not exclusively produce explosives or hydrocarbons;

“OPCW” means the Organisation for the Prohibition of Chemical Weapons, established under the Convention;

“OPCW inspector” means a person designated by the Technical Secretariat of the OPCW in accordance with Part II, Section A, of the Verification Annex to the Convention, to carry out an inspection or visit under the Convention and includes any inspection assistant;

“operator”, in relation to a facility, means the person having ultimate responsibility, as distinct from day-to-day management, in relation to operations carried on at the facility and includes the legal personal representative, administrator and other successor in title of that person;

“packaging” means anything in which a pesticide or toxic chemical is wholly or partly contained, placed or packed;

“pest” means any plant or animal life – including an organic function of a plant or any ecto- or endo-parasite of an animal – that is objectionable because of its undesirable effect on plant life or on any movable property, or which is objectionable from the point of view of public health or hygiene;

“pest control operator” means the holder of a Pest Control Operator's Licence;

“Pest Control Operator's Licence” means a licence issued under Part 4 for the purpose of section 33 of this Act;

“pesticide” means any substance, whether a toxic chemical or not, which is sold, or used, for controlling or destroying pests;

“Pesticides and Toxic Chemicals Inspector” means a person appointed as an inspector under section 57;

“premises” means any place, and includes a vehicle, a vessel and a conveyance but does not include a facility;

“Premises Licence” means a licence issued under Part 4 for the purpose of section 32 of this Act;

“prescribed” means prescribed by the Regulations;

“processing” when used in relation to a Schedule 1, 2, 3 or unscheduled discrete organic chemical, has the same meaning as in the Convention;

“production” when used in relation to a Schedule 1, 2, 3 or unscheduled discrete organic chemical, has the same meaning as in the Convention;

“production capacity” has the same meaning as in the Convention;

“purposes not prohibited under the Convention” has the same meaning as in the Convention;

“Registrar” means the Registrar of Pesticides and Toxic Chemicals designated by section 23;

“Regulations” means regulations made under this Act;

“riot control agent” has the same meaning as in the Convention;

“Saint Lucia aircraft” has the same meaning as in the Civil Aviation Act;

“Saint Lucian ship” has the same meaning as in the Shipping Act;

“Schedule 1 chemical” means a chemical listed in Schedule 1 of this Act;

“Schedule 1 “Other” Facility” means a facility that is authorised to produce during a year, for research, medical or pharmaceutical purposes, an aggregate quantity not exceeding 10 kilograms of Schedule 1 chemicals;

“Schedule 1 Single Protective Facility” means a Facility that is authorised to produce during a year, for protective purposes, an aggregate quantity not exceeding 10 kilograms of Schedule 1 chemicals;

“Schedule 1 Single Small Scale facility” means a facility that is designated by the Minister under section 43(2) as the Schedule 1 single small scale facility;

“Schedule 2 chemical” means a chemical listed in Schedule 2 of this Act and includes a mixture containing that chemical unless the mixture contains a concentration of 30% or less of that chemical;

“Schedule 3 chemical” means a chemical listed in Schedule 3 of this Act and includes a mixture containing that chemical unless the mixture contains a concentration of 30% or less of that chemical;

“Schedule 5 chemical” means a chemical listed in Schedule 5 of this Act;

“sell” includes offer for sale, expose for sale, display or advertise, have in possession for sale, and distribute;

“Technical Secretariat” means the Technical Secretariat of the OPCW;

“toxic chemical” means any chemical, other than a pesticide, which, through its chemical action on life processes, can cause death, temporary incapacitation or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, munitions or elsewhere;

“unscheduled discrete organic chemical” means a discrete organic chemical that is not listed in Schedule 1, 2, or 3 of this Act;

“vehicle” includes a hovercraft.

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   (2)   Unless the contrary intention appears, an expression that is used both in this Act and in the Convention but is not defined in subsection (1) has, in this Act, the same meaning as in the Convention, whether or not a particular meaning is assigned to it by the Convention.