Pesticides
- Document symbol
- G/LIC/N/3/HKG/27
- Original language
- English
- Published on
- 09/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Licences are required for import of pesticides. Import licences for pesticides (other than methyl bromide) are issued by the Agriculture, Fisheries and Conservation Department under delegation from the Trade and Industry Department. Import licences for pesticides (strictly for quarantine and pre-shipment of cargo treatment) containing methyl bromide, an ozone depleting substance, are issued by the Trade and Industry Department.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Import licensing of pesticides is intended for the protection of public health. Pesticide means any insecticide, fungicide, herbicide, acaricide or any substance (whether organic or inorganic) or mixture of substances used or intended to be used for preventing, destroying, repelling, attracting, inhibiting or controlling any insect, rodent, bird, nematode, bacterium, fungus, weed or other form of plant or animal life or any virus, which is a pest; or any substance or mixture of substances used or intended to be used as a plant growth regulator, defoliant or desiccant, but does not include any purely mechanical device for trapping or catching insects, rodents or other animals; any purely electromagnetic or ultrasonic device for the control of mosquitoes, rodents or other pests; any antiseptic, disinfecting solution or preparation in clinical or sanitary applications that is neither specified in Schedule 1 nor in Part 1 of Schedule 2 to the Pesticides Ordinance (Cap.133); any pharmaceutical product; and any pesticide not specified in Schedule 1 nor in Part 1 of Schedule 2 to the Pesticides Ordinance (Cap.133) that is contained in an individual package or container not exceeding 10g or 10ml and used indoors for laboratory research, chemical analysis or as a reference standard.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to products (other than methyl bromide) coming from any places. For methyl bromide which is an ozone depleting substance, import from non parties to the Montreal Protocol are banned. Only imports from Montreal Protocol signatories of methyl bromide are allowed for local consumption starting from 1 January 1995. The import of methyl bromide is restricted to quarantine and pre-shipment applications.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The principal objective of the import licensing system is not to restrict the quantity or value of imports but for purposes of protecting public health.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The import control is a statutory requirement maintained under the Pesticides Ordinance (Cap. 133), the Import and Export (General) Regulations (Cap. 60A) and Import and Export Ordinance (Cap. 60). Legislation does not leave designation of product to be subject to licensing to administrative discretion. Any changes to the import control system require legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Application for import licences should be lodged in advance of importation taking into account the processing time. The processing time is within one working day for pesticides other than methyl bromide under normal circumstances and two clear working days for methyl bromide.
Q7.b. Can a licence be granted immediately on request?
In exceptional cases, a licence can be granted immediately on request.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There are no limitations as to the period of the year during which licence applications may be made.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The Agriculture, Fisheries and Conservation Department is the sole administrative organ for the processing and approval of pesticides import licences (other than methyl bromide) whereas an importer has to approach the Trade and Industry Department for the processing and approval of import licences for methyl bromide.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Under normal circumstances, an application for a pesticides import licence is usually approved if it meets the ordinary criteria. Reasons for refusal will be given to the applicant. Applicants may appeal to the Chief Executive of the HKSAR in the event of refusal to issue an import licence. The Chief Executive may confirm, vary or reverse the decision of the Director‑General of Trade and Industry. The right to appeal to the Chief Executive is statutorily provided. For methyl bromide, applicants may appeal to the Administrative Appeals Board against decision of refusal to grant a licence relating to ozone depleting substances by the Director of Environmental Protection.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
A company is required to hold an appropriate pesticides licence/permit issued by the Agriculture, Fisheries and Conservation Department before it can apply for an import licence except where the pesticide is being imported on a valid through bill of lading. If imported on such a bill of lading, no pesticides licence/permit is required.
Application for a pesticides licence/permit is open to all business enterprises wishing to deal in pesticides. A fee is charged for the licence/permit, which may range from HK$575 to HK$1,650 depending on the type of licence/permit.
For methyl bromide which is also an ozone depleting substance, a company is further required to register with the Trade and Industry Department before it can apply for an import licence. Registration is open to all companies on payment of a fee of HK$2,430 (valid for two calendar years).
There is no published list of licensed/permitted importers.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Information to be supplied includes particulars of the importer, of the importation, of the products to be imported and a pesticides licence or pesticides permit issued by the Agriculture, Fisheries and Conservation Department authorizing the importer to trade in pesticides or a valid through bill of lading. Sample of Import Licence Form 3 is available at http://www.tid.gov.hk/english/aboutus/form/sampleform/files/tra187.pdf. Online application for Import Licence for Pesticides is available through the Trade Single Window at https://www.tradesinglewindow.hk/portal/en/index.html.
Q11. What documents are required upon actual importation?
The import licence is the only document required on actual importation.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Apart from applications for importing methyl bromide, no licensing fee is required for import licence applications.
For applying Import Licence for Pesticides in person at counter, the Import Licence Form 3 required to be submitted is priced at HK$19 per pad (containing 20 sets)/HK$3 per set. Online application through the Trade Single Window is free of charge.
For methyl bromide, a fee of HK$815 and HK$1,210 is charged on the issue of an ozone depleting substances import licence and an ozone depleting substances combined "import and export licence" respectively. The price of ozone depleting substances import licence forms and combined "import and export licence" forms are HK$28 per pad (containing five sets) and HK$34 per pad (containing five sets) respectively.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No deposit or advance payment is required.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
An import licence for pesticides is valid for six months. For methyl bromide, an ozone depleting substances import licence is, unless otherwise stated, valid for 60 days.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No penalty for non-utilization. Importers should however cancel or amend the licences.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licence is not transferable.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
The licensing conditions are printed on the front or back of the import licences. Samples of the Import Licence Form 3 applicable to pesticides and Import Licence Form for ozone depleting substances are available at:
https://www.tid.gov.hk/english/aboutus/form/sampleform/forms_maincontent.html
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to importation.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
The banking authorities automatically provide foreign exchange for goods to be imported. No licence is required as a condition to obtaining foreign exchange.