It is also a requirement to register any pesticides for use in the cultivation of plants in Malaysia, and no person may distribute, supply, sell or expose or offer for sale any pesticide unless the same has been registered with the Director-General of the Ministry of Agriculture.
Because the seller bears initial responsibility for ensuring a lawful and safe sale, sellers on eBay must state affirmatively in all pesticide listings that:
- the seller will comply with all applicable local laws and regulations and ensure that the purchaser satisfies all applicable laws and regulations;
- the seller will not accept bids from or post to countries where the pesticide is not registered as a general use pesticide.
Collectible Pesticide Containers and Devices
- eBay permits the sale of collectable pesticide containers or devices if the container or device is empty and rinsed, and the seller includes this information in the listing description.
- It is the seller's responsibility to ensure that the pesticide container or device is empty and rinsed before offering it for sale on eBay. However, the buyer should verify the information provided by the seller before completing the sale.
- Members should not dump the remaining contents of a pesticide container down the drain, into the garden, or sewer.
Some Examples
Under the Pesticides Act 1974, all pesticide products and repellents cannot be advertised, sold or supplied unless the same is registered by the Pesticide Boards of the Ministry of Agriculture. As such, members of eBay should ensure that the pesticides sold and bought by them are properly registered.
To determine if the pesticide is a registered product, members may wish to contact the Pesticide Boards of the Ministry of Agriculture.
Additional Information
Under the Pesticides Act 1984, “pests” are defined as including any “bacteria, virus, fungi, weeds, insects, rodents, birds, or any other plant or animal that adversely affects or attacks animals, plants, fruits or property”.
eBay users who intend to sell pesticide products on eBay should ensure that the following conditions are fulfilled:
- The pesticide is registered by the Pesticide Boards, and the registration has not been suspended or cancelled;
- The pesticide is not classified as “for restricted use” as such items should only be sold to and used by registered pest control operators and licensed technicians. These products are normally in concentrated form with higher amount of killing ingredients;
- The container/package is labelled as per requirements prescribed in Pesticides (Labelling) Regulations 1984.
Activity on eBay is required to follow this policy, the eBay User Agreement and all applicable laws, as well as respect the rights of third parties. If it doesn’t, eBay may take action consistent with applicable laws and the eBay User Agreement, and may even be legally required to do so. Such actions may include, as an example only: Removing the listing or other content, issuing a warning, restricting activity or account suspension.
Why does eBay have this policy?
eBay urges its sellers and buyers to comply with all governmental laws and regulations. Since the sale of pesticides is prohibited by law, regulated, or may cause harm to eBay or its members, sellers may not list them on eBay.