The National Environment Management Act of the Gambia defines environmental offences and stipulates penalties for those offences. Offences relating to pesticides include, for example, the failure to manage hazardous and dangerous materials, processes, and wastes; knowingly mislabeling any wastes, chemicals, or dangerous process or materials; withholding information on these substances; or aiding or abetting their illegal traffic, in accordance with the provisions of the Act. The Act defines the penalties imposed in such circumstances. Any natural person who commits such an offence is liable to a fine of not more than 100,000 Dalasis (approximately US$3,700) or to a term of imprisonment of not more than six years. In the case of a body corporate, the penalty shall be a fine of not more than 500,000 Dalasis (approximately US$18,500).
The Hazardous Chemicals and Pesticides Control and Management Act sets forth penalties for a range of offences including:
- Any person who provides false information during application for registration of a pesticide; manufactures or sells an unregistered or banned pesticide; mislabels, or uses unauthorised containers; or commercially applies pesticides without a valid license, commits an offence and is liable upon conviction to a fine not exceeding 150,000 Dalasis (approximately US$5,555) or to a prison term not exceeding five years, or both.
- Any person who manufactures, imports, exports, stores, distributes, transports, sells, or offers for sale any pesticide without a license issued under this Act or undertakes activities on premises other than those licensed under this Act, commits an offence and is liable upon conviction to a fine not exceeding 50,000 Dalasis (approximately US$1,850) or to a term of imprisonment not exceeding four years, or both.
- A person who commits an offence under this Act for which no penalty is provided shall be liable on conviction to a fine not exceeding 30,000 Dalasis (approximately US$1,110) or to a term of imprisonment not exceeding three years.
For more information, contact Dr. Henry Carrol at nea@gamtel.gm or Mrs. Fatoumata Jallow Ndoye at fjndoye@qanet.gm