LAW
ON MANUFACTURE AND TRADE OF TOXIC SUBSTANCES

("Official Gazette of the Federal Republic of Yugoslavia ", No. 15/95, 28/96 and 37/2002 and "Official Herald of the Republic of Serbia", No. 101/2005 - other law)

 

I BASIC PROVISIONS

Article 1

Manufacture and trade of toxic substances and the supervision over the manufacture and trade of toxic substances shall be performed under the conditions specified by the present Law.

Article 2

In terms of the present Law, toxic substances shall include substances of natural or synthetic origin, and preparations manufactured from these substances, which may be hazardous to the life and health of people and/or the environment (hereinafter: poisons).

In terms of the present Law, manufacture shall include the making of poisons, poison mixtures and products made from poisons by chemical, physical or biological processes and procedures.

In terms of the present Law, trade of poisons shall include the import, export, storage, sale, use, dispensing and other ways of trade in poisons.

In terms of the present Law, environment protection against damaging effect of poisons shall include the protection of air, water, soil, cultural good, human and animal feeding stuff, and flora and zoo fauna.

Article 3

Poisons may be manufactured and traded with, if it is found, through a toxicological assessment done by an authorised legal entity, that their use for designated purposes and in a designated manner, is not damaging to life and health of people and/or the environment.

Poisons shall not be manufactured or traded with until after being classified in groups.

Article 4

Manufacture, trade and use of poisons that are found to be likely to imperil life and health of people and/or the environment, as well as of poisons whose manufacture, trade and use are prohibited in the country of origin -- shall be prohibited.

The prohibition of manufacture, trade and use of poisons referred to in paragraph 1 of the present Article shall be decreed by the competent federal agency.

The list of poisons whose manufacture, trade and use are prohibited shall be published in the "Official Gazette of the FRY".

Article 5

The competent federal agency shall designate:

1) particularly dangerous poisons which may be manufactured, traded with and used only under special conditions, in specific quantities, forms and packing, under special markings, for particular purposes or under specific limitation;

2) poisons dangerous to life and health of people and the environment, as well as the manufacture or research that is prohibited and/or which may be performed only under particular conditions and which have to be reported the competent federal agency.

Article 6

Unless otherwise specified by the present Law, the provisions of the present Law shall not apply to medicaments containing poisons and to poisons used in laboratory and scientific research purposes.

II classIFICATION AND INSPECTION OF POISONS

Article 7

According to the degree of toxicity and average lethal dose for laboratory animals, depending on oral, dermal and inhalation effects, the poisons shall be classified into group I, group II and group III.

Group I shall include poisons whose average lethal dose (LD-50), at introducing into the stomach of a rat, amounts to 25 mg/kg, at depositing on the skin of a rat or rabbit - 50 mg/kg, at inhaling by a rat (LC-50) - up to 0.5 mg/l of air during four hours.

Group II shall include poisons whose average lethal dose (LD-50), at introducing into the stomach of a rat, amounts of from 25 mg/kg to 200 mg/kg, at depositing on the skin of a rat or rabbit - of from 50 mg/kg up to 400 mg/kg, at inhaling by a rat (LC-50) - of from 0.5 mg/l of air up to 2 mg/l of air during four hours.

Group III shall include poisons whose average lethal dose (LD-50), at introducing into the stomach of a rat, amounts of from 200 mg/kg to 2,000 mg/kg, at depositing on the skin of a rat or rabbit - of from 400 mg/kg to 2,000 mg/kg, at inhaling by a rate (LC-50) - of from 2 mg/l to 20 mg/l of air in course of four hours.

Poisons shall be classified into groups also according to chronic cancerogenic, teratogenic, mutagenic, embryo-toxic, allergenic, skin and mucous membrane irritability effects, danger to environment due to corrosion effect, explosiveness, inflammability, high inflammability, self-inflammability, and other poison classification criteria.

Article 8

A legal entity intending to manufacture poisons which are not on the published list of poisons classified into groups, shall submit to the competent federal agency the request for classifying the poisons into groups.

A foreign poison manufacturer shall submit the request referred to in paragraph 1 of the present Article through an authorised representative in the Federal Republic of Yugoslavia.

Enclosed to the request for classification of poisons into groups shall be:

1) toxicological assessment of an authorised legal entity;

2) data relating to the status of poison in the country of manufacture and in other countries (approval for application, restrictions, prohibitions, maximum permitted concentration in the working surroundings and the like).

Article 9

The ruling on classification of poisons into groups shall be rendered by the competent federal agency.

The ruling referred to in paragraph 1 of the present Article shall be rendered for a designated period of time, not exceeding a ten year period.

The ruling referred to in paragraph 1 of the present Article shall be published in the "Official Gazette of the FRY".

The list of poisons classified into groups shall be published in the "Official Gazette of the FRY".

Article 10

The request for classification of poisons into groups may be renewed six months before the expiration of the time designated in the ruling, at the latest, and with the prescribed documents enclosed.

Article 11

Toxicological assessment and the assessment of efficiency of a poison shall be issued on the ground of data relating to physical, toxicological, eco-toxicological and other properties of the poison, as well as other data significant for the life and health of people and for the environment protection.

The toxicological assessment shall be issued also for products made from poisons.

The documents concerning the results of a poison inspection effected abroad may be used if evidence is enclosed to these documents confirming that the tests have been performed under conditions and by the methods which are prescribed by the present Law and the regulations enacted on the ground of the present Law, and if containing a certificate issued by a competent agency in the foreign country stating that the inspection has been done according to principles of good laboratory practice.

Article 12

A toxicological assessment may be issued by legal entities possessing:

1) workers having the VII or VIII degree of professional qualification in the areas of medicine, pharmacy, biology, biotechnology, chemistry, veterinary medicine, agriculture or forestry, and a working experience for performing respective inspection of poisons;

2) adequate premises, installations and equipment for chemical, biological, toxicological-pharmacodynamic and other testing of poisons.

The competent federal agency shall render a ruling as to which legal entities fulfil the prescribed conditions for issuing toxicological assessments of poisons.

The authorisation for issuing toxicological assessments of poisons may not be granted to legal entities engaged in the manufacture or trade of poisons.

The ruling referred to in paragraph 2 of the present Article shall be published in the "Official Gazette of the FRY".

Article 13

Inspecting of poisons for the purpose of issuing a toxicological assessment shall be done at the proposal of a legal entity intending to manufacture the poisons, or at the proposal of an authorised representative of a foreign poison manufacturer.

A legal entity receiving a proposal for inspecting of poisons for the purpose of issuing a toxicological assessment, shall establish a commission of experts which shall consider the proposal, make a plan for inspecting the poison, and shall designate a person to supervise the conduct of the inspection.

Expenses of inspection and of issuance of the toxicological assessment shall be borne by the submitter of the proposal specified in paragraph 1 of the present Article.

Article 14

The inspection of poisons shall be performed by applying Yugoslav or internationally accepted methods.

Where the inspection is performed by applying internationally accepted standards, the legal entity referred to in Article 13, paragraph 2 of the present Law must provide a special assignment of reasons and a detailed information as to the method applied.

Article 15

Poisons intended for maintaining public hygiene, disinfection, disinfestation and rat poisoning, may be traded with and used for such purposes if, on the ground of chemical, physical and biological testing, in addition to toxicological assessment, an assessment of their efficiency has been also issued.

The poisons which may be traded with and used for the purposes referred to in paragraph 1 of the present Article, shall be specified by the competent federal agency.

The ruling specified in paragraph 2 of the present Article shall be published in the "Official Gazette of the FRY".

Article 16

An assessment of efficiency of poisons may be issued by a legal entity possessing:

1) workers of the VII degree of professional qualification in the areas of medicine, pharmacy, chemistry, biology, veterinary medicine or agriculture, and a working experience for performing a corresponding testing of poisons;

2) adequate premises, installations and equipment for the inspection of poison efficiency.

Costs of inspection and of issuing the assessment of poison efficiency shall be borne by the legal entity submitting the request for testing the poison efficiency.

The competent federal agency shall order by its ruling which legal entities meet the conditions prescribed for issuing assessments of poison efficiency.

The authorisation for issuing assessments of poison efficiency may not be granted to legal entities which are engaged in the manufacture or trade of poisons.

The ruling referred to in paragraph 3 of the present Article shall be published in the "Official Gazette of the FRY".

III MANUFACTURE AND TRADE OF POISONS

Article 17

Manufacture and trade of poisons may be performed by legal entities which fulfil the prescribed conditions.

Retail trade of poisons may be undertaken also by an entrepreneur in conformity with provisions of the present Law and the regulations enacted on the ground of the present Law.

The competent federal agency shall specify by its ruling which legal entities and entrepreneurs meet the conditions prescribed for the manufacture and trade of poisons.

Legal entities referred to in paragraphs 1 and 2 of the present Article, when being filed in the registry with the competent agency, shall be obliged to submit also the ruling referred to in paragraph 3 of the present Article.

Article 18

Legal entities and entrepreneurs referred to in Article 17 of the present Law must meet the following conditions:

1) having workers of the VII degree of professional qualification in the areas of chemistry, technology, pharmacy, medicine, agronomy - plant protection specialisation, veterinary medicine, biology or forestry - under whose supervision the poisons are manufactured, stored or dispensed;

2) possessing adequate premises for the manufacture, storage and dispensing of poisons;

3) poison handling persons have to be trained to apply safety measures relating to the work with poisons;

4) fulfilling technical and sanitary and hygienic conditions for the manufacture and trade of poisons and for the environment protection.

Article 19

Legal entities and entrepreneurs must keep poisons in separate premises, special elevators, reservoirs. pipelines or other appropriate receptacles and installations.

The premises and cupboards for keeping the poisons must be locked up and marked off by inscription reading "poison".

Article 20

Manufacture, trade and holding of poisons in spaces for keeping or trading of animal feedingstuff, foodstuffs and general consumption objects shall be prohibited.

Article 21

The provisions specified in articles 17 through 20 of the present Law shall not apply to legal entities and entrepreneurs engaged in the trade of acetic acid and hydro-chloric acid in a concentration under 20 percent of copper sulphate or of products containing sodium-hypochlorine with less than 8 percent of active chlorine.

Article 22

Poisons must be stored out of drinking water supply zones and river basins, and in conformity with the prescribed conditions.

Storing of poisons which take effect in the form of gas (fumigants) shall be done outside the zones referred to in paragraph 1 of the present Article and out of human settlements.

Article 23

Employed personnel coming in direct contact with poisons, in course of the work in the manufacture, storage, dispensing and use of poisons, must have adequate work clothing and other safety outfit.

The safety outfit specified in paragraph 1 of the present Article shall not be used out of working premises and/or out of a place or premises used for working with poisons.

Article 24

Legal entities and entrepreneurs must possess a necessary quantity of adequate means for extending first aid.

Entities and persons specified in paragraph 1 of the present Article shall be obliged to obtain from the poison control center, specified in Article 26 of the present Law, the instructions regarding the measures and means of protection against poisoning, the way of extending first aid in the event of poisoning, and the measures for eliminating the consequences of poisoning.

Instructions specified in paragraph 2 of the present Article shall be exposed in a visible spot in the premises where production, distribution, inspection or use of poison is taking place.

Article 25

Legal entities and entrepreneurs engaged in the manufacture and trade of poisons and/or inspection or use of poisons, shall be obliged to notify the poison control center, referred to in Article 26 of the present Law, about the poisons they manufacture, sell, inspect or use.

Article 26

Measures of prevention against poisoning, providing information about the effect of poisons, extending medical assistance in the event of poisoning and eliminating of consequences of poisoning shall be carried out by a legal entity which meets the prescribed conditions in terms of personnel, equipment and premises for performing these tasks (hereinafter: poison control center).

The competent federal agency shall render a ruling speciying a legal entity that fulfils the conditions prescribed in paragraph 1 of the present Article.

The ruling referred to in paragraph 2 of the present Article shall be published in the "Official Gazette of the FRY".

Article 27

Legal entities and entrepreneurs specified in Article 17 of the present Law shall be obliged to keep records on poisons, and particularly regarding:

1) acquired quantities of poison;

2) manufactured quantities of poison;

3) providers of poison;

4) users of poison;

5) dispensed and/or used quantities of poison.

Article 28

Each series of poison which is used as a raw material for further processing and each series of a final product must be inspected in order to confirm the properties of the poison before its putting on the market.

Article 29

Raw materials for manufacturing poisons, semi-products and final products made of poisons, in the manufacture and trade, shall be controlled in manufacturer's laboratory and/or laboratory of another legal entity that is registered for effecting poison control.

The competent federal agency shall decree by its ruling which legal entities meet the conditions prescribed for carrying out the poison control.

Article 30

Laboratory testing shall be the way of confirming and/or finding of data concerning the identity of a poison, the contents of the active substance, impurities and physico-chemical properties, and other data significant for the assessment of poison, and/or of confirming that the poison meets a corresponding standard.

Article 31

Laboratories shall be obliged to keep records on a carried out poison control.

The records referred to in paragraph 1 of the present Article shall include:

1) name of the poison and/or product made from poison;

2) serial number and date of manufacture;

3) date and findings of the control performed;

4) number of the ruling on classifying the poisons into groups.

Article 32

Work of persons younger than eighteen in the manufacture and trade of poisons shall be prohibited.

Sale of poison to persons younger than eighteen shall be prohibited.

Article 33

Cyanic hydrogen acid and cyanides, and other poisons taking effect in the form of gas may be sold, after the approval of a competent federal agency, only to legal entities having professionally qualified persons for the work with these poisons.

Article 34

Poisons of group I may be sold, after the approval of a competent federal agency, to entrepreneurs only if the use of specific poisons of that group is indispensable for the performance of their activity.

Article 35

Legal entities and entrepreneurs engaged in selling poisons of group I and group II must keep records of the trade and buyers of these poisons.

The records referred to in paragraph 1 of the present Article shall contain: name of the poison, quantity of the poison, registered name of the legal entity and/or entrepreneur the poison is sold to, date of sale and number of the ruling on classification of the poisons into groups.

The records of buyers referred to in paragraph 1 of the present Article shall contain: registered name of the legal entity and/or entrepreneur, and/or name and surname, address and identity card number of a person the poison is dispensed to, name and quantity of poison, purpose of acquiring the poison and signature of a person receiving the poison, and for buyers of poisons of group I - the number of the ruling of the competent federal agency.

Article 36

Manufacturers and importers must have for each and every poison the following data and information:

1) name

a) generic name (internationally unprotected name);

b) name under which the poison is put on the market and other names;

2) identity data;

3) data on the composition of the preparation;

4) data on physico-chemical properties;

5) toxicological data;

6) data significant for environment protection;

7) information on safety measures in the spheres of manufacture, transport, storage and use;

8) information on the assessment of noxiousness of the poison;

9) instruction for destroying poisons.

Article 37

Data on poisons which constitute industrial or commercial secret shall be considered confidential.

Data significant for the protection of life and health of people and the environment against the damaging effect of poison may not be considered confidential, and particularly relating to:

1) unprotected international name of poison (generic name);

2) chemical name of poison;

3) physico-chemical properties of poison;

4) purpose of using the poison;

5) manner of use of poison;

6) manner of destroying the poison;

7) impurities which may be toxic or constitute another kind of danger;

8) measures of protection which must be applied in manufacture, storage, transport and use of the poison, as well as measures in case of an incident;

9) brief review of toxicological and eco-toxicological data and names of persons responsible for authenticity of these data.

Article 38

Poison registry shall be kept by the competent federal agency.

Sources of data for the poison registry shall include documents enclosed to the application, information obtained from legal entities engaged in the manufacture, trade, control and inspection of poisons, and the information received from data banks of other countries and international organisations.

Article 39

Legal entities and entrepreneurs engaged in the manufacture, trade, inspection and control of poisons, and other interested legal persons and individuals may use data from the poison registry on the ground of a consent issued by the competent federal agency.

Data from the poison registry may be used also by interested agencies and organisations of other countries, in accordance with international treaties.

Article 40

Legal entities and entrepreneurs engaged in the manufacture of poisons or in the trade of poisons, shall be obliged, within an eight day time limit from the commencement and/or termination of the manufacture and/or trading of poisons, to notify the competent federal agency on the poisons they manufacture and/or on the termination of the manufacture or trade of poisons.

The notification referred to in paragraph 1 of the present Article shall contain:

1) name of the preparation;

2) generic name of the active substance;

3) chemical name of the active substance;

4) empirical (gross) active substance formula;

5) percentage of active substance in the preparation;

6) CAS number or other identification number;

7) data on the kind and contents of auxiliary substances in the preparation.

Article 41

Poisons may be put on the market only in original packing and in quantities adapted to usual needs of consumers.

Article 42

Poisons put on the market must be marked off in a prescribed way.

Article 43

Poisons put on the market must be packed in the way that will not mislead the users in terms of their contents, and which will prevent mistaking for other products. Should this be impossible, the erroneous application of poisons shall be made impossible by denaturing its contents or by placing other warning information on the package.

Article 44

Material used for packing the poisons must meet the following conditions:

1) receptacles must be constructed so as to prevent uncontrolled emptying of the contents;

2) material used for manufacturing the packages and closing parts must not react to the contents and/or must not produce a dangerous compound with the contents;

3) receptacles and closing parts must be constructed so as to endure in all their segments all expected shocks and pressure;

4) receptacles and parts which are used must be of such a quality that the contents, after repeated closing, may not empty in an uncontrolled way.

Article 45

Packing material used for placing poisons on the market must have a declaration which shall contain:

1) protected name;

2) generic name;

3) contents of the ingredients which are considered poisons;

4) date of manufacture;

5) indication of shelf life;

6) name and address of manufacturer;

7) way and conditions of storage and/or safe-keeping;

8) danger indicating sign, warning label and information markings;

9) number of the ruling on classification of poisons into groups.

Article 46

In addition to a declaration, an instruction must be enclosed to every package of poison which shall contain: organoleptic properties of poison, way of use, poisoning symptoms, way and means of extending first aid in the event of poisoning, list of means for protection of workers handling the poisons (masks, safety clothing and shoes and the like), way of elimination and/or destroying of unused poison and packing material, measures to apply in the event of accident in closed spaces and in course of the carriage, measures for environmental protection against damaging effect of the poison, and the meaning of warning signs and information labels.

Article 47

The provisions specified in articles 45 and 46 of the present Law shall apply also to poisons for laboratory and scientific research purposes.

Article 48

Advertising of poisons in the way which could mislead the consumers in terms of the contents, purpose or effect of poisons shall be prohibited.

It shall be prohibited to indicate that poisons are not harmful to health of people and to environment.

Article 49

Legal entities and entrepreneurs engaged in manufacture and/or use of poisons, or in trade, inspection and control of poisons, must destroy or keep safe the unused poisons and packing material in a prescribed way, or return them to the legal entity or entrepreneur from whom they have acquired them, without claiming compensation for the quantities returned, while the latter ones shall be obliged to receive unused quantities of poison and packing material if poisons are in the original packages, without additional substances, followed by checking and verifying the identity of the person returning the poisons.

Article 50

Material serving for packing the poisons shall not be used for packing medical preparations, foodstuffs, animal feedingstuff or other non-toxic products.

Article 51

Poisons may be imported only through border crossings equipped with organised supervision.

An importer shall be obliged to notify in due time the federal sanitary inspector of the arrival of a shipment of poison.

Customs service officials may effect customs clearance of poisons only in agreement by the federal sanitary inspector.

Poisons imported into free and customs zones or into consignment warehouses in the Federal Republic of Yugoslavia shall be subject to the provisions of paragraphs 1 and 3 of the present Article.

Article 52

A legal entity exporting a poison which is prohibited or whose use is considerably restricted in a specific country shall be obliged to enclose to the request for obtaining the export approval, a consent to be issued by the country the poison is exported to.

Article 53

At the request by an exporter of the poison, the competent federal agency shall issue a certificate of applying good manufacturing practice in the manufacture and control of the poison.

IV SUPERVISION

Article 54

The federal inspector shall have a right and a duty:

1) to prohibit the manufacture of and trade in poisons which are not classified into poison groups, and/or whose trade is prohibited in the country;

2) to prohibit the manufacture, trade, use and inspection of poisons until the prescribed conditions are fulfilled, to a legal entity or entrepreneur who do not meet these conditions;

3) to prohibit the trade of poisons whose packing material, equipment and markings are not in conformity with the provisions of the present Law and the regulations enacted on the ground of the present Law, until they have eliminated the defects found;

4) to prohibit to a legal entity which fails to meet the prescribed conditions the issuing of toxicological assessments or issuing assessments of efficiency of poisons, until it has met these conditions;

5) to order withdrawal from the market and destruction of poisons for which it is found to have harmful consequences for the health of people or the environment, and to notify thereof the competent federal agency;

6) to order elimination of other defects relating to manufacture of and trade in poisons due to which life and health of people or the environment may be brought into danger.

Measures referred to in paragraph 2 of the present Article shall be decreed by a ruling of the federal inspector.

An appeal may be filed against the ruling specified in paragraph 2 of the present Article to the competent federal agency. The appeal against the ruling shall not suspend its execution.

The ruling specified in paragraph 3 of the present Article shall be finally binding in the administrative proceedings.

Article 55

Legal entities and entrepreneurs engaged in the manufacture of poisons, in the trade in poisons and/or who inspect or control poisons, shall be obliged to make possible to the federal inspector the supervision, the insight to documents and an unhindered work, as well as to provide him with all necessary data and material for effecting the supervision.

Costs of poison analysis shall be borne by the legal entity and the entrepreneur whose work is subject to supervision.

Article 56

Tasks referred to in Article 54, paragraph 1 of the present Law shall be carried out by federal inspectors who, in addition to general conditions, have to possess the VII or VI professional qualification degree in the areas of pharmacy or medicine.

Article 57

In carrying out the supervision, the federal inspectors must be in possession of an identification card confirming their official capacity.

Article 58

The official specified in Article 54 of the present Law establishing that an infraction, commercial violation or a criminal offence has been committed by violating the regulations, shall be obliged to submit without delay a request for instituting the infraction proceedings and/or a report for instituting the proceedings for commercial violation and/or criminal offence.

V PENAL PROVISIONS

Criminal Offences

Article 59

Whoever, without authorisation, manufactures poisons, puts poisons on the market or uses poisons, shall be punished for a criminal offence by imprisonment of from six months to five years.

Poisons as well as facilities for their preparation shall be seized.

Commercial Violations

Article 60

A fine ranging from 300,000 to 3.000,000 dinars shall be imposed for a commercial violation on a legal entity:

1) if it manufactures a poison or trades in poisons for which it is found, by a toxicological assessment of an authorised legal entity, that its use for the intended purposes and in the specific way is damaging to the life and health of people and the environment (Article 3, paragraph 1);

2) if it manufactures a poison or trades in poison before it is classified into a poison group (Article 3, paragraph 2);

3) if it manufactures or trades or uses a poison whose manufacture, trade and use are prohibited (Article 4);

4) if it trades in poison or uses a poison which is intended for maintaining public hygiene, disinfection, disinfestation and rat poisoning, and whose efficiency for these purposes is not established in the regular way (Article 15, paragraph 1);

5) if it fails to effect control of raw materials, semi-products and final products in the manufacture and trade of poisons (Article 29);

For the acts specified in paragraph 1 of the present Article a fine ranging from 20,000 to 200,000 dinars shall be imposed for a commercial violation also on a responsible person in the legal entity.

Infractions

Article 61*

A fine ranging from 100,000 to 1.000,000 dinars shall be imposed for an infraction on a legal entity:

1) if it fails to meet the conditions of manufacture of and trade in poisons and/or performs inspection and control of poisons, or if it manufactures a poison or trades in poison before obtaining a ruling from the competent federal agency confirming that the prescribed conditions have been fulfilled (articles 17 and 18, and Article 29, paragraph 2);

2) if premises and/or cupboards holding the poisons are not locked up or marked off by the inscription reading "poison" (Article 19, paragraph 2);

3) if it fails to keep poisons in separate premises, special elevators, reservoirs, pipelines or other appropriate receptacles and installations, or if it manufactures, trades in or holds poisons in the premises intended for keeping and trading of animal feedingstuff, foodstuffs and general consumption objects (Article 19, paragraph 1 and Article 20);

4) if it fails to store poisons out of a drinking water supply zone and river basins or out of human settlements, in conformity with the conditions prescribed by the present Law (Article 22);

5) if it fails to see to it that employees who come in direct contact with poisons wear during the work in the manufacture, storage, safe-keeping, dispensing or using of poisons, special safety clothing, shoes or other safety equipment (Article 23, paragraph 1);

6) if it lacks a necessary quantity of adequate means for extending first aid or fails to obtain from the poison control center the instructions relating to measures and means of protection against poisoning, the manner of extending first aid in the event of poisoning ,and to measures to be taken for the elimination of consequences of poisoning, or if the instructions are not placed at the visible spot in the premises where manufacture, trade, testing, control or use of poisons are effected (Article 24);

7) if it engages in the trade of poisons which are not in original packages of the poison manufacturer, or if they are not in the quantities adapted to usual needs of consumers, or if material used by it for packing the poisons fails to meet the prescribed conditions (articles 41 and 44);

8) if it advertises a poison in the way which could mislead the consumer in terms of combination, purpose or effect of the poison, or if it indicates that the poison is not harmful for the health of people and/or environment (Article 48);

9) if it fails to eliminate remnants of poisons used by it, or the belonging packing material, and/or to destroy these in the prescribed way so as not to put in danger lives and health of people and the environment, or fails to return them to the supplying legal entity or entrepreneur, or if it fails to receive the unused poisons and packing material (Article 49);

10) if it uses poison packing material for packing medical preparations, foodstuffs, animal feedingstuff or other non-toxic products (Article 50);

11) if it exports a poison which is prohibited or whose use is considerably restricted in the specific country without consent of the country the poison is exported to (Article 52).

For the acts specified in paragraph 1 of the present Article a fine of from 10,000 to 50,000 dinars shall be imposed, as well, to the responsible person in the legal entity.

Article 62

A fine ranging from 100,000 to 630,000 dinars shall be imposed for an infraction on a legal entity:

1) if it employs in the manufacture of and trade in poisons a person under eighteen years of age (Article 32);

2) if it sells cyanide-hydrogen acid and cyanides or other poisons, which take effect in the form of gas (fumigants), to a legal entity having no professionally qualified person for working with these poisons (Article 33);

3) if it sells, without the approval of the competent federal agency, poisons of the group I to an entrepreneur for whose activity the use of such poisons is indispensable (Article 34);

4) if it fails to keep prescribed records of the manufacture and trade of poisons, and/or performed control of the quality of poisons or of the poison buyers (articles 27 and 31 and Article 35, paragraph 1);

5) if it sells a poison without prescribed data and information, or without a declaration or with incomplete or incorrect declaration, or if it trades with a poison without the instructions or with incomplete instructions (articles 36 and 45 and Article 46);

6) if it fails to notify the competent federal agency, within the prescribed time limit, about poisons manufactured or traded by it, and/or the termination of manufacture of or the trade in poisons, or if it fails to notify the federal inspector about the arrival of a shipment of poisons (Article 40 and Article 51, paragraph 2);

7) if it fails to enable the federal inspector to perform supervision and to do his job without interference (Article 55, paragraph 1).

For the acts specified in paragraph 1 of the present Article a fine ranging from 3,000 to 30,000 dinars shall be imposed, as well on the responsible person in the legal entity.

Article 63

An entrepreneur engaged in the trade in poisons who commits an act specified in Article 60, paragraph 1, items 3, 4 and 5, Article 61, paragraph 1, items 1 through 10 and Article 62, paragraph 1, items 1, 4, 5, 6 and 7 of the present Law, shall be punished for infraction by a fine ranging from 5,000 to 50,000 dinars.

Article 64

A fine of 2,100 dinars shall be imposed for infraction on a person who, while working in the manufacture, storage, dispensing and use of poisons, fails to wear work clothing, shoes or other safety equipment, or who wears them out of the working premises and/or place or facilities the work with poisons is performed in (Article 23).

The fine for the infraction referred to in paragraph 1 of the present Article shall be collected on the spot from the person found at the moment of committing the infraction by the federal inspector engaged in performing the supervision.

Article 65

Poisons which are involved in commercial infractions referred to in Article 60, items 1 and 3 and the infractions specified in Article 61, items 1 and 9 and Article 62, item 5 of the present Law, shall be seized without compensation, and destroyed.

VI TRANSITIONAL AND CONCLUDING PROVISIONS

Article 66

Regulations for the enforcement of the present Law shall be enacted within the six month time limit from the day of coming into force of the present Law.

Article 67

Legal entities and entrepreneurs engaged in the manufacture of and trade of poisons, and/or inspection and control of poisons, shall be obliged to bring into accord their business operations with the provisions of the present Law and the regulations enacted on the ground of the present Law, within the two year time limit from the day of coming into force of the present Law.

Article 68

By coming into force of the present Law, the Law on Trade of Poisons ("Official Gazette of the SFRY", No. 13/91 and "Official Gazette of the FRY", Nos. 45/92 and 24/94) shall cease to be valid.

Article 69

The present Law shall come into force on the eighth day from its publication in the "Official Gazette of the FRY".

Napomene

PUBLISHER’S NOTE

* Fines for business offences and offences defined by the present Law have been amended by the Law on Amendments of Federal Laws Defining Business Offence and Offence Fines ("Official Gazette of the Federal Republic of Yugoslavia", No.28/96) and by the Law on Amendments of the Law Defining Business Offence and Offence Fines ("Official Herald of the Republic of Serbia", No.101/2005).