Basic information
Outline of the system
The Pesticide Licensing System aims at regulating the registration, manufacture, import, sale, storage, distribution, use and disposal of pesticides in Tonga.
Importation is considered under Section 13(1)(2) of the Pesticides Act [CAP.12.13] that no person shall manufacture, import, distribute or sell pesticides in Tonga unless he is a holder of a pesticide licence issues by the Registrar under this Act.
Product coverage
Any formulation used for preventing, destroying or controlling any pest, including vectors of human or animal disease, unwanted species of plants or animals, causing harm during or otherwise interfering with the production, processing, storage, transport or marketing of food, agricultural commodities, wood and wood product, or animal feedstuff, or which may be administered to animals for the control of insects, arachnids or other pests in or on their bodies. It includes substances intended for use as a plant-growth regulator, defoliant, desiccant, or agent for thinning fruit or preventing the premature fall of fruit, and substances applied to crops either before or after harvest to protect the commodity from deterioration during storage and transport; and includes paints used to prevent the fouling of the hulls of vessels or structure below the waterline or applied to set, floats or other apparatus used in cultivation of fish.
Please see Products "Pesticides".
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic licensing to protect human, animal or plant life and health; protect environment
Products under restriction as to the quantity or value of imports
No, the purpose is mainly to ensure safety of the user and the environment of Tonga.
Questions for products under restriction as to the quantity or value of imports
See Answers 6.1-6.11.
The system applies to products originating from which country?
Applies to all goods regardless of originating countries. The licensing system is not intended to restrict the quantity or value of imports but to restrict the importation of pesticides that are a risk to the safety and security of the environment and people.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
Pesticide Licensing System is stipulated under the Pesticides Act [CAP.12.13], Section 13 & 14.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Yes.
What persons or firms are eligible to apply for a licence?
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Ministry of Agriculture, Food and Forests and Registrar CEO
Address
Ma'ufanga
Telephone
(+676) 23402
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Ministry of Agriculture, Food and Forests and Registrar CEO
Documentation requirements
What information is required in applications?
Name of pesticide and active ingredients.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
Yes.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
No.
Which administrative body is responsible for approving application of licences?
No.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
No.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No.
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?
Yes.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Pesticide Permit.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Pesticide Permit for every consignment.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
N/A.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
No, because there are no fees required.
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 following questions are only 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)
Where is information on allocation and formalities for licences published? 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?
No, it is brought to the attention of possible importers by enquiring to the Ministry of Agriculture, Food and Forest (MAFF) office. Yes, the overall amount is published in the MAFF Annual Report. The amount allocated to goods from each country and maximum amount allocated to each importer are not published.
Is the size of the quota determined: on 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 a fresh licence on a six-monthly or quarterly basis?
N/A.
Are licences allocated 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 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)
Licences are allotted for selling and for own use. Quarantine Inspectors will confiscate and HOLD until the Registrar issue Permits for release. Yes, the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request.
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?
N/A.
What are the minimum and maximum lengths of time for processing applications?
N/A.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
One day.
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?
Yes.
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?
Yes, both first come, first served and past performance.
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?
No.
In cases where imports are allocated 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?
Through the Registrar and the Importer.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Yes.