Pesticides Licence

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2 days ago
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Hong Kong Pesticides Licence Guide

In Hong Kong, the use and trade of pesticides are regulated by the Pesticides Ordinance (Cap. 133), which is enforced by the Agriculture, Fisheries and Conservation Department (AFCD).

Who Needs a Pesticides Licence?

A Pesticides Licence is required for any person who intends to:

Import
Manufacture
Sell (including retail)
Supply

This applies to registered pesticides. For scheduled pesticides or other unregistered pesticides, a separate Pesticides Permit is needed.

Types of Pesticide Licences

The AFCD issues licenses to deal with:

Part I pesticides: Ready-to-use domestic pesticides.
Part II pesticides: Other pesticides, such as agricultural and pest control chemicals.
Both Part I and Part II pesticides.

Application Process

Obtain Application Forms and Guidelines: You can get the application forms and guidelines from the AFCD's Plant and Pesticides Regulatory Division at their Cheung Sha Wan Government Offices or download them from the AFCD website.
Required Documents: You will need to submit a completed application form in duplicate and a photocopy of your Business Registration Certificate.
Submission: Applications can be submitted in person, by post, or online through the AFCD's e-Services Platform.
Inspection: The AFCD may inspect the premises where you intend to store, repackage, manufacture, or retail pesticides. They will check for proper storage and packaging, ensuring safety measures are in place (e.g., kept out of reach of children, away from food/drinks).
Application Fee: There is a non-refundable application fee for the licence.
Licence Fee: If your application is approved, you will be notified and a separate licence fee will need to be paid before the licence is issued. The fee varies depending on the type of pesticides you are licensed to deal with.
Renewal: A licence is valid for 12 months and can be renewed by paying the renewal fee. Applications for renewal are accepted up to two months before the licence expires.

Important Notes

Pesticide Registration: Only pesticides that have been registered in Hong Kong may be distributed and used. The AFCD maintains a Pesticides Register with details of registered pesticides.
Import/Export: Each shipment of pesticides imported, exported, or transshipped in Hong Kong also requires a separate Import and/or Export Licence from the AFCD.
Penalties: Importing, manufacturing, selling, or supplying registered pesticides without a valid licence is a serious offense that can result in a fine and imprisonment.

Fees

The fees for a Pesticides Licence in Hong Kong, as administered by the Agriculture, Fisheries and Conservation Department (AFCD), are as follows:

Application Fee

Application Fee: HK$ 140.00
- This fee is non-refundable, regardless of whether the application is successful.

Licence Fee (for successful applications)

Licence to deal in Part I pesticides: HK$ 435.00
Licence to deal in Part II pesticides: HK$ 880.00
Licence to deal in all registered pesticides (both Part I and II): HK$ 880.00

Licence Renewal Fees

Licence to deal in Part I pesticides: HK$ 220.00
Licence to deal in Part II pesticides: HK$ 640.00
Licence to deal in all registered pesticides (both Part I and II): HK$ 640.00

A licence is valid for 12 months. If a renewal application is made after the licence has expired, it will be treated as a new application and the non-refundable application fee of HK$ 140.00 will be required in addition to the regular renewal fees.

Professional Fees

Bestar charges a lump sum for our services, which includes the following:

Initial Consultation: Discussing the business's needs, verifying eligibility, and advising on the application process.
Document Preparation and Review: Assisting with filling out the application forms and compiling all required supporting documents, such as the Business Registration Certificate, floor plans of the premises, and details of the pesticides to be dealt with.
Liaison with AFCD: Handling all communication with the Agriculture, Fisheries and Conservation Department (AFCD), including submission of the application, responding to queries, and arranging for premises inspection.
Premises Compliance Advice: Offering guidance on how to ensure the proposed premises meet the AFCD's safety and storage requirements. This can be a critical part of the service, as a failed inspection can lead to delays or rejection of the application.
Follow-up and Licence Issuance: Managing the final stages of the process, including payment of the licence fee and obtaining the physical licence.

For a straightforward application for a Pesticides Licence (e.g., for a retail business with a single premises), our professional fees fall within a range of HK$ 5,000 to HK$ 20,000.

Factors that influence the final cost include:

Complexity of the Application: An application for manufacturing or importing a wide range of scheduled pesticides will be more complex and expensive than one for retailing ready-to-use domestic pesticides.
Number of Premises: If the licence is for multiple locations, the cost will increase.

Summary of Total Costs

When planning your budget, remember to combine the government fees and the professional fees.

Government Fees (fixed):
- Application Fee: HK$ 140
- Licence Fee (for approved application): HK$ 435 (Part I) or HK$ 880 (Part II/All Registered)
Professional Fees:
- Range: HK$ 5,000 - HK$ 20,000+

How Bestar can Help

Bestar is a professional services firm with a presence in Hong Kong and other regions, specializing in corporate secretarial services, accounting, tax advisory, and compliance. Here's how Bestar can help with a Pesticides Licence application in Hong Kong:

1. Expert Guidance and Advisory

Bestar's team of professionals can provide expert advice on the legal and regulatory requirements of the Pesticides Ordinance (Cap. 133). This includes:

Determining if a licence is required: We can help you understand if your specific business activities (e.g., import, manufacture, sale, supply) and the types of pesticides you deal with fall under the scope of the ordinance.
Choosing the right licence type: We can advise whether you need a licence for Part I pesticides, Part II pesticides, or both.
Explaining compliance obligations: We can outline the ongoing responsibilities of a licensee, such as proper storage, labeling, and record-keeping, to ensure you remain compliant after the licence is granted.

2. Streamlining the Application Process

The application for a Pesticides Licence can be complex, involving multiple forms and specific documentation. Bestar can help streamline this process by:

Preparing and submitting the application forms: We can handle the clerical work of completing the application forms on your behalf, ensuring all information is accurate and complete.
Liaising with the AFCD: We can act as your representative, communicating directly with the Agriculture, Fisheries and Conservation Department (AFCD) to respond to their queries and manage the application timeline.
Compiling supporting documents: We can assist in gathering and organizing all the necessary documents, such as your Business Registration Certificate and floor plans of the premises, which are required for the application.

3. Ensuring Premises Compliance

One of the most critical aspects of the application is the AFCD's inspection of the premises. Bestar can provide valuable consulting services to help you prepare for this inspection, including:

Reviewing your premises: We can conduct a review to ensure your storage facilities for pesticides meet the AFCD's strict safety and security standards.
Recommending necessary adjustments: If any aspects of your premises do not meet the requirements, we can recommend the necessary changes to ensure compliance.

4. Ongoing Compliance and Support

Once you have your licence, Bestar can continue to provide support to help you meet your annual compliance requirements. Our services include:

Licence renewal management: We can assist with the timely renewal of your licence, preventing any business interruptions.
General business compliance: As a firm that offers a wide range of corporate services, we can also help with other aspects of your business, such as accounting, tax filing, and company secretarial duties, ensuring your overall business operations are legally sound.

By engaging a professional service provider like Bestar, businesses can save time, minimize the risk of application delays or rejection, and ensure they are fully compliant with Hong Kong's regulations.