Basic information
Outline of the 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.
Product coverage
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.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
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.
Questions for products under restriction as to the quantity or value of imports
Not applicable as the import control system is not intended to restrict the quantity or value of imports.
The system applies to products originating from which country?
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.
Expected duration of licensing procedure
The import licensing system is an ongoing requirement.
Legal requirements
Is the licensing statutorily required?
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).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Legislation does not leave designation of product to be subject to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
Any changes to the import control system require legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
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.
What persons or firms are eligible to apply for a licence?
Application for a pesticides licence/permit is open to all business enterprises wishing to deal in pesticides.
Is there a registration fee?
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 2 calendar years).
Is there a published list of authorized importers?
There is no published list of licensed/permitted importers
Contact point for information on eligibility
Ministry/Authority
Agriculture, Fisheries and Conservation Department
Address
Plant and Pesticides Regulatory Division (Counter No.4) 5/F., Cheung Sha Wan Government Offices, 303 Cheung Sha Wan Road, Kowloon.
Telephone
(852) 2150 7007
Fax
(852) 2314 2622
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Agriculture, Fisheries and Conservation Department
Documentation requirements
What information is required in applications?
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.
What documents is the importer required to supply with the application?
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.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application for import licences should be lodged in advance of importation taking into account the processing time.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of the year during which licence applications may be made.
Issuing the license
Can a licence be granted immediately on request?
In exceptional cases, a licence can be granted immediately on request.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
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.
Which administrative body is responsible for approving application of licences?
The Agriculture, Fisheries and Conservation Department is the sole administrative organ for the processing and approval of import licences for pesticides (other than methyl bromide).
Must the applications be passed on to other organs for visa, note or approval?
Whereas an importer has to approach the Trade and Industry Department for the processing and approval of import licences for methyl bromide.
Are there any other conditions attached to the issue of a licence?
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...
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Apart from applications for importing methyl bromide, no licensing fee is required for import licence applications.
What is the amount of the fee or charge?
For applying Import Licence for Pesticides in person at counter, the Import Licence Form 3 required to be submitted is priced at HK$20 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 5 sets) and HK$34 per pad (containing 5 sets) respectively.
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is required.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Under normal circumstances, an application for a pesticdies import licence is usually approved if it meets the ordinary criteria.
Are the reasons for any refusal given to applicants?
Reasons for refusal will be given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
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
If so, to what bodies and under what procedures?
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.
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations as to the period of the year during which importation may be made.
What documents are required upon actual importation?
The import licence is the only document required on actual importation.
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.
Conditions of licensing
What is the period of validity of a licence? Can the validity 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.
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.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licence is not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The banking authorities automatically provide foreign exchange for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
No licence is required as a condition to obtaining foreign exchange.