Sanitary Pest Control Occupation Regulation Law, 5776-2016
חוק הסדרת העיסוק בהדברה תברואית, תשע"ו-2016
Published: 2016-02-16Consolidated Hebrew text as of 2025-11-12 · Last amended 2023-11-19✓ Amendment status checked against the Knesset legislation record on 2026-09-17
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Chapter V: Penalties
Penalties§
30.
(a)One who does any of the following is liable to imprisonment of 18 months or a fine as provided in section 61(a)(4) of the Penal Law, 5737-1977, and if a corporation — double the said fine:
(1)engages in pest control without a pest controller's licence of the type appropriate for carrying out the pest control, or not in accordance with the conditions of the licence, contrary to the provisions pursuant to section 3;
(2)a pest controller who avails himself of another person in carrying out the pest control, without the conditions of section 6(b) being met;
(3)a pest controller who transfers his licence to another or permits another to make use of his licence, contrary to the provisions of section 11;
(4)an operator who employs a person in carrying out pest control without the conditions prescribed in section 15 being met.
(b)One who does any of the following is liable to imprisonment of six months or a fine as provided in section 61(a)(3) of the Penal Law, 5737-1977, and if a corporation — double the said fine:
(1)uses a title or appellation from which it may be implied that he is a pest controller or that he holds a pest controller's licence of a certain type, or presents himself or a person acting on his behalf as a pest controller or as a person who holds a pest controller's licence of a certain type, when he does not hold such a licence, contrary to the provisions of section 5;
(2)a pest controller who carries out pest control without having examined and found that there is a concern as to the existence of a hazard or nuisance, contrary to the provisions of section 14(a);
(3)a pest controller who carries out pest control without having examined whether it is possible, in the circumstances of the matter, to carry out preventive measures or to make use of treatment means, without having brought to the knowledge of the person commissioning the pest control that it is possible in the circumstances of the matter to carry out such measures or to make use of such means, or even if he found that it is possible in the circumstances of the matter to carry out such measures or to make use of such means, and all contrary to the provisions of section 14(b);
(4)a pest controller who carries out pest control of a pest when the circumstances listed in the First Schedule did not obtain or without an approval pursuant to section 22, contrary to the provisions of section 14(c);
(5)a pest controller who does not provide the person commissioning the pest control, prior to its execution, with information regarding the nature of the pest control, contrary to the provisions of section 14(d)(2);
(6)a pest controller who carries out pest control not with a registered pest control preparation or not in accordance with the purposes of use and the instructions prescribed in the label of the preparation, contrary to the provisions of section 14(d)(3);
(7)a pest controller who does not make use of an appropriate means for the success of the pest control, contrary to the provisions of section 14(d)(4);
(8)a pest controller who does not take the necessary measures to prevent harm before, during or upon completion of the pest control, contrary to the provisions of section 14(d)(5);
(9)a pest controller who does not check for the presence of pests or the success of the pest control operation after carrying out the pest control, contrary to the provisions of section 14(d)(7);
(10)a pest controller who carries out pest control by fumigation, contrary to the provisions of section 14(e);
(11)a pest controller or operator who does not fulfil additional obligations, restrictions and conditions that were prescribed pursuant to section 16(a)(1) to (3);
(12)a pest controller or operator who does not report to the person to whom he is obliged to report on a matter connected to pest control carried out by him or on his behalf, which is liable to cause harm to the public or to the environment, or who does not carry out the Registrar's instructions following the report, contrary to the provisions of section 18(a) or (b);
(13)a pest controller or operator who does not act in accordance with instructions given to him by the Registrar, contrary to the provisions of section 19(a);
(14)a pest controller or operator who advertises his practice in a manner that is likely to mislead, or who provides the person commissioning pest control with information that is likely to mislead, contrary to the provisions pursuant to section 20.
(c)One who does any of the following is liable to imprisonment of six months or a fine as provided in section 61(a)(2) of the Penal Law, 5737-1977, and if a corporation — double the said fine:
(1)a pest controller who does not notify the Registrar of a change in a detail that he provided to the Registrar in an application for the grant of a licence or for its renewal, contrary to the provisions of section 12;
(2)a pest controller who does not carry his licence with him at the time of carrying out pest control or does not present it to the person commissioning the pest control upon his request, contrary to the provisions of section 14(d)(1);
(3)a pest controller who does not create documentation or does not retain it, contrary to the provisions of section 14(d)(8);
(4)a pest controller or operator who does not fulfil his obligations regarding documentation, retention of documents and reporting pursuant to section 16(a)(4);
(5)a pest controller or operator who does not comply with the Registrar's requirement to report to him particulars or to provide him with information or documents, contrary to the provisions of section 18(c);
(6)a pest controller or operator who does not include in an advertisement notice the particulars required pursuant to the provisions of section 20(b) or (c).
(d)A person commissioning pest control who receives a service from a person who has not presented before him a pest controller's licence, contrary to the provisions of section 21, is liable to a fine as provided in section 61(a)(2) of the Penal Law, 5737-1977, and if a corporation — double the said fine.
(e)Notwithstanding the provisions of subsections (a) to (c), the Minister may prescribe by Regulations that the penalty of a person who has contravened a provision prescribed therein shall be imprisonment of up to six months or a fine as provided in section 61(a)(1) of the Penal Law, 5737-1977.
(f)One who commits an offence as provided in subsection (a) or (b)(2) to (14), in a manner or in aggravating circumstances as a result of which actual harm to the environment or to public health was caused or is likely to be caused, is liable to imprisonment of three years or double the fine that a court was entitled to impose on him pursuant to the provisions of that subsection.
(g)If the offence is a continuing offence, the court may impose an additional fine, at the rate of five percent of the fine prescribed for that offence, for each day on which the offence continues.
Liability of an Office Holder in a Corporation§
31.
(a)An office holder in a corporation is obliged to supervise and to do everything possible to prevent an offence under this Law by the corporation or by any of its employees; one who contravenes this provision is liable to half the fine prescribed for that offence.
(b)If an offence under this Law was committed by a corporation or by any of its employees, it is presumed that an office holder in the corporation contravened his duty under subsection (a), unless he proved that he did everything possible to fulfil his duty.
(c)In this section, "office holder" means an active manager in a corporation, a partner, excluding a limited partner, or an officer responsible on behalf of the corporation for the field in which the offence was committed.
Rates of Fines§
32.
Notwithstanding the provisions of section 221(b) of the Criminal Procedure Law [Consolidated Version], 5742-1982, the Minister of Justice, with the consent of the Minister, may prescribe a rate of fine exceeding the amount of the fine prescribed in that section, for an offence that was prescribed pursuant to this Law as a fine offence and also for a repeated, continuing or additional fine offence committed by the same person, having regard to the type of offence and the circumstances of its commission, provided that the amount of the fine shall not exceed ten percent of the maximum fine prescribed for that offence.
Powers of a Court§
33.
(a)Where an indictment has been filed for an offence under this Law, a court may issue a mandatory Order, a prohibitory Order, and any other relief, as it sees fit in the circumstances before it, including the suspension of a pest controller's licence or its restriction, and all in order to prevent, stop or reduce the offence.
(b)A court shall not issue an Order as provided in subsection (a) unless it has given the accused an opportunity to present his arguments; if the accused did not appear at the hearing on the matter as aforesaid despite having been lawfully summoned, the court may decide on the application in his absence.
(c)The validity of an Order issued as provided in subsection (a) shall be for the period directed by the court and at the latest until the conclusion of the proceedings.
(d)An accused or a prosecutor may apply to the court for reconsideration of a decision given in the matter of an application for an Order as provided in subsection (a), if new facts have been discovered or the circumstances have changed and this may alter the court's previous decision.
(e)An accused or a prosecutor may appeal against a decision in the matter of an application for an Order as provided in subsection (a), or against the court's decision on an application for reconsideration; the appellate court shall hear the appeal before a single judge.
(f)On reconsideration and on appeal, the court may uphold, modify or cancel a decision under appeal or give another decision in its place.
(g)A court that has convicted a person of an offence under this Law may, in the judgment, in addition to any penalty it imposes, order the suspension, restriction or revocation of a pest controller's licence.
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Contact Us →Chapter VI: Monetary Sanction
Monetary Sanction§
34.
(a)If a person has contravened a provision of the provisions pursuant to this Law as detailed below, the Director may impose on him a monetary sanction pursuant to the provisions of this Chapter, in the amount of NIS 11,710, and if a corporation — in the amount of NIS 58,540:
(1)engages in pest control without a pest controller's licence of the type appropriate for carrying out the pest control, or not in accordance with the conditions of the licence, contrary to the provisions of section 3;
(2)a pest controller who avails himself of another person in carrying out the pest control, without the conditions of section 6(b) being met;
(3)a pest controller who transfers his licence to another or permits another to make use of his licence, contrary to the provisions of section 11;
(4)a pest controller who carries out pest control without having examined and found that there is a concern as to the existence of a hazard or nuisance, contrary to the provisions of section 14(a);
(5)a pest controller who carries out pest control without having examined whether it is possible, in the circumstances of the matter, to carry out preventive measures or to make use of treatment means, without having brought to the knowledge of the person commissioning the pest control that it is possible to carry out such measures or to make use of such means, or even if he found that it is possible in the circumstances of the matter to carry out such measures or to make use of such means, and all contrary to the provisions of section 14(b), provided that Regulations have been prescribed on the matter, or instructions given by the Registrar on the matter pursuant to section 19 and the pest controller acted contrary to them;
(6)a pest controller who carries out pest control of a pest when the circumstances listed in the First Schedule did not obtain or without an approval pursuant to section 22, contrary to the provisions of section 14(c);
(7)a pest controller who carries out pest control not with a registered pest control preparation or not in accordance with the purposes of use and the instructions prescribed in the label of the preparation, contrary to the provisions of section 14(d)(3);
(8)a pest controller who does not make use of the most appropriate means for the success of the pest control whose harm to humans, other animals and the environment is as small as possible, contrary to the provisions of section 14(d)(4), provided that Regulations have been prescribed on the matter, or instructions given by the Registrar on the matter pursuant to section 19 and the pest controller acted contrary to them;
(9)a pest controller who does not take all the necessary measures to prevent harm, before, during or upon completion of the pest control, contrary to the provisions of section 14(d)(5), provided that Regulations have been prescribed on the matter, or instructions given by the Registrar on the matter pursuant to section 19 and the pest controller acted contrary to them;
(10)a pest controller who does not check for the presence of pests or the success of the pest control operation after carrying out the pest control, contrary to the provisions of section 14(d)(7), provided that Regulations have been prescribed on the matter, or instructions given by the Registrar on the matter pursuant to section 19 and the pest controller acted contrary to them;
(11)a pest controller who carries out pest control by fumigation contrary to the provisions of section 14(e);
(12)an operator who employs a person in carrying out pest control without the conditions prescribed in section 15 being met;
(13)a pest controller or operator who does not report to the person to whom he is obliged to report on a matter connected to pest control carried out by him or on his behalf, which is liable to cause harm to the public or to the environment, or who does not carry out the Registrar's instructions following the report, contrary to the provisions of section 18(a) or (b);
(14)a pest controller or operator who does not act in accordance with instructions given by the Registrar, contrary to the provisions of section 19(a) or (b).
(b)If a person has contravened a provision of the provisions pursuant to this Law as detailed below, the Director may impose on him a monetary sanction pursuant to the provisions of this Chapter, in the amount of NIS 5,850, and if a corporation — in the amount of NIS 29,270:
(1)uses a title or appellation from which it may be implied that he is a pest controller or that he holds a pest controller's licence of a certain type, or presents himself or a person acting on his behalf as a pest controller or as a person who holds a pest controller's licence of a certain type, when he does not hold such a licence, contrary to the provisions of section 5;
(2)a pest controller who does not provide the person commissioning the pest control, prior to its execution, with information regarding the nature of the pest control, contrary to the provisions of section 14(d)(2);
(3)a pest controller or operator who does not fulfil additional obligations, restrictions and conditions that were prescribed pursuant to section 16(a)(1) to (3);
(4)a pest controller or operator who advertises his practice in a manner that is likely to mislead, or who provides the person commissioning pest control with information that is likely to mislead, contrary to the provisions pursuant to section 20.
(c)If a person has contravened a provision of the provisions pursuant to this Law as detailed below, the Director may impose on him a monetary sanction pursuant to the provisions of this Chapter, in the amount of NIS 2,340, and if a corporation — in the amount of NIS 5,850:
(1)a pest controller who does not notify the Registrar of a change in a detail that he provided to the Registrar in an application for the grant of a licence or for its renewal, contrary to the provisions of section 12;
(2)a pest controller who does not carry his licence with him at the time of carrying out pest control or does not present it to the person commissioning the pest control upon his request, contrary to the provisions of section 14(d)(1);
(3)a pest controller who does not create documentation or does not retain it, contrary to the provisions of section 14(d)(8);
(4)a pest controller or operator who does not fulfil his obligations regarding documentation, retention of documents and reporting pursuant to the provisions of section 16(a)(4);
(5)a pest controller or operator who does not comply with the Registrar's requirement to report to him particulars or to provide him with information or documents, contrary to the provisions of section 18(c);
(6)a pest controller or operator who does not include in an advertisement notice the particulars required pursuant to the provisions of section 20(b) or (c).
Notice of Intent to Impose Liability§
35.
(a)If the Director has reasonable grounds to assume that a person has contravened a provision of the provisions pursuant to this Law as provided in section 34 (in this Chapter — the contravener), and he intends to impose a monetary sanction on him pursuant to that section, he shall give the contravener notice of the intention to impose a monetary sanction on him (in this Chapter — notice of intent to impose liability).
(b)In the notice of intent to impose liability, the Director shall indicate, inter alia, the following:
(1)the act or omission (in this Chapter — the act) constituting the contravention;
(2)the amount of the monetary sanction and the period for its payment;
(3)the contravener's right to submit his arguments before the Director pursuant to the provisions of section 36;
(4)the authority to add to the amount of the monetary sanction on account of a continuing contravention or a repeated contravention, pursuant to the provisions of section 38, and the date from which a contravention shall be regarded as a continuing contravention for the purposes of that section.
Right to be Heard§
36.
A contravener to whom a notice of intent to impose liability has been given pursuant to the provisions of section 35 may submit his arguments, in writing, before the Director, regarding the intention to impose a monetary sanction on him and regarding its amount, within 30 days of the date of service of the notice.
Decision of the Director and Payment Demand§
37.
(a)The Director shall decide, after having considered the arguments submitted pursuant to section 36, whether to impose a monetary sanction on the contravener, and may reduce the amount of the monetary sanction pursuant to the provisions of section 39.
(b)If the Director has decided pursuant to the provisions of subsection (a) —
(1)to impose a monetary sanction on the contravener — he shall give him a written demand to pay the monetary sanction (in this Chapter — payment demand), in which he shall indicate, inter alia, the updated amount of the monetary sanction and the period for its payment;
(2)not to impose a monetary sanction on the contravener — he shall give him written notice thereof.
(c)In the payment demand or in the notice pursuant to subsection (b), the Director shall set out the reasons for his decision.
(d)If the contravener did not submit his arguments pursuant to the provisions of section 36 within the period referred to in that section, the notice of intent to impose liability shall be deemed, upon the expiry of that period, to be a payment demand served on the contravener on that date.
Continuing Contravention and Repeated Contravention§
38.
(a)In a continuing contravention, one fiftieth of the monetary sanction prescribed for that contravention shall be added to it for each day on which the contravention continues.
(b)In a repeated contravention, an amount equal to the monetary sanction as aforesaid shall be added to the monetary sanction prescribed for that contravention; for this purpose, "repeated contravention" means a contravention of a provision of the provisions pursuant to this Law as provided in section 34, within two years of a previous contravention of the same provision for which a monetary sanction was imposed on the contravener or for which he was convicted.
Reduced Amounts§
39.
(a)The Director is not entitled to impose a monetary sanction in an amount lower than the amounts prescribed in this Chapter, except pursuant to the provisions of subsection (b).
(b)The Minister, with the consent of the Minister of Justice and with the approval of the Interior and Environmental Protection Committee of the Knesset, may prescribe cases, circumstances and considerations by reason of which it shall be possible to impose a monetary sanction in an amount lower than the amounts prescribed in section 34, and at the rates he shall prescribe.
Updated Amount of the Monetary Sanction§
40.
(a)The monetary sanction shall be according to its updated amount on the day of service of the payment demand, and with respect to a contravener who did not submit his arguments before the Director, as provided in section 37(d) — on the day of service of the notice of intent to impose liability; if an appeal against the payment demand was filed pursuant to section 44 and the payment of the monetary sanction was stayed by the Director or the court, the monetary sanction shall be according to the updated amount on the day of the decision on the appeal.
(b)The amounts of the monetary sanction prescribed in section 34 shall be updated on 1 January of each year (in this subsection — the updating date), in accordance with the rate of increase of the index known on the updating date compared with the index that was known on 1 January of the preceding year; the said amount shall be rounded to the nearest amount that is a multiple of NIS 10; for this purpose, "index" means the consumer price index published by the Central Bureau of Statistics.
(c)The Director shall publish in Reshumot (Official Gazette) a notice of the updated amounts of the monetary sanction pursuant to subsection (b).
Time for Payment of the Monetary Sanction§
41.
The contravener shall pay the monetary sanction within 30 days of the day of service of the payment demand as provided in section 37.
Spreading of Payment of the Monetary Sanction§
42.
(a)The Director may, upon the application of the contravener, decide on the spreading of the payment of the monetary sanction, provided that the number of instalments shall not exceed ten monthly instalments.
(b)If the contravener did not pay a monthly instalment on time, the Director's decision on the spreading of payment as provided in subsection (a) shall be deemed void, and the provisions of section 43 shall apply to the balance of the payment of the monetary sanction.
Shekel Interest and Arrears Fees§
43.
If the contravener did not pay a monetary sanction on time, shekel interest and arrears fees shall be added to the monetary sanction for the period of the arrears, until its payment, and the provisions of the Interest and Linkage Law shall apply, with the necessary modifications.
Appeal§
44.
(a)A decision of the Director pursuant to this Chapter may be appealed to the Magistrate's Court before which the President of the Magistrate's Court sits; such an appeal shall be filed within 30 days of the day on which the Director's decision was served on the contravener.
(b)The filing of an appeal pursuant to subsection (a) does not stay the payment of the monetary sanction, unless the Director has consented thereto or the court has so ordered.
(c)If the court decided to allow an appeal filed pursuant to subsection (a), after the monetary sanction was paid pursuant to the provisions of this Chapter, and ordered the return of the amount of the monetary sanction that was paid or a reduction of the monetary sanction, the amount that was paid or any part thereof that was reduced shall be returned, with the addition of shekel interest from the day of its payment until the day of its return, and the provisions of the Interest and Linkage Law shall apply with respect to such interest, with the necessary modifications.
Publication§
45.
(a)Where the Director has imposed a monetary sanction under this Chapter, the Director shall publish on the Ministry's website the particulars set out below, in a manner that ensures transparency with respect to the exercise of discretion in reaching the decision to impose a monetary sanction:
(1)the fact of the imposition of the monetary sanction;
(2)the nature of the breach on account of which the monetary sanction was imposed and the circumstances of the breach;
(3)if the monetary sanction was reduced — the circumstances on account of which the amount of the monetary sanction was reduced and the rate of reduction;
(4)relevant particulars concerning the violator;
(5)the name of the violator — if the violator is a corporation.
(b)Where an appeal has been filed under section 44, the Director shall publish the fact of the filing of the appeal and its outcome.
(c)Notwithstanding the provisions of subsection (a)(5), the Director may publish the name of a violator who is an individual if the Director considered it necessary for the purpose of warning the public.
(d)Notwithstanding the provisions of this section, the Director shall not publish particulars that constitute information which a public authority is precluded from disclosing under section 9(a) of the Freedom of Information Law, 5758-1998, and the Director may also refrain from publishing particulars under this section that constitute information which a public authority is not obliged to disclose under section 9(b) of that Law.
(e)Publication as referred to in subsection (a) in respect of a monetary sanction imposed on a corporation shall be for a period of four years, and in respect of a monetary sanction imposed on an individual — for a period of two years.
(f)The Minister may prescribe additional ways of publishing the particulars referred to in subsection (a).
Monetary Sanction for a Breach under this Law and under Another Law§
46.
For a single act that constitutes a breach of a provision among the provisions under this Law enumerated in section 34 and of a provision under another law, no more than one monetary sanction shall be imposed.
Preservation of Criminal Liability§
47.
(a)Payment of a monetary sanction under this Chapter shall not derogate from a person's criminal liability for breach of a provision among the provisions under this Law enumerated in section 34 that constitutes an offence.
(b)Where the Director has sent a violator a notice of intention to impose liability on account of a breach that constitutes an offence as referred to in subsection (a), an indictment shall not be filed against that person in respect of the same breach, unless new facts have come to light that justify doing so.
(c)Where an indictment has been filed against a person in respect of a breach that constitutes an offence as referred to in subsection (a), the Director shall not take proceedings against that person under this Chapter in respect of the same breach; and if the indictment was filed in the circumstances referred to in subsection (b) after the violator has paid a monetary sanction, the amount paid shall be refunded, together with shekel interest from the day of payment of the amount until the day of its return, and the provisions of the Interest and Linkage Law shall apply with respect to that interest, with the necessary modifications.
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