Gosport Borough Council - link to living

Gosport Borough Council - link to your council

Gosport Borough Council - link to enjoying

Gosport Borough Council - link to working

Gosport Borough Council - link to community

Gosport Borough Council - link to environment

Pesticides

HSE pesticides homepage

INTRODUCTION

Unlike industrial chemicals, pesticides are developed primarily for their ability to act on living tissues. Although sophisticated development may enable pesticides to target their effects on a limited range of plants or animals, there has been increasing concern about the hazards which pesticides present to humans and the environment. This led to the introduction of the Food and Environment Protection Act 1985 (FEPA) which was designed to ensure the safe use of pesticides in the UK. The Control of Pesticides Regulations 1986 (COPR) were subsequently made under FEPA. A pesticide is 'any substance, mixture of substances or organism prepared or used for destroying any pest'. A pest is defined as 'any organism harmful to plants, wood or plant products, any undesired plant or any harmful creature'.

LEGAL CONSIDERATIONS

1. Prohibitions

Regulation 4 of The Control of Pesticides Regulations 1986 prohibit the advertisement, sale, supply, storage and use of a pesticide unless Ministerial approval has been given for these activities in respect of that particular pesticide. Unless approval has been given all activities involving the pesticide are illegal. Similar prohibitions exist unless Ministerial consent has been given to that activity and the relevant conditions of consent are complied with.

CONSENTS - general conditions for consent to use are:

- to take all reasonable precautions to protect human health, creatures, plants, environment and against pollution
- no unapproved mixtures of pesticide or adjuvant (additive)
- use of certain types require formal training - i.e. certification employers must instruct users.

APPROVALS - are specific statutory conditions of approval for use and cover:

- Fields of Use (i.e. what type of uses)
- Type of crop or situation
- Dose Rate
- Number of applications
- Maximum area or quantity
- Time of application
- User protection
- Environmental protection
- Restricted access after use, etc.

These conditions must appear in a 'statutory box' on the approved label.

HSE approved pesticides

2. Sale and Supply of pesticides

For products approved for agricultural use, salespersons etc. must have a 'Certificate of Competence' (awarded by Basis (Registration) Limited) or be under the direct supervision of a certificate holder, and all other conditions of the Consent and Approval must be complied with.

NB A pesticide 'approved for agricultural use' is one approved in the following fields of use:

- agriculture and horticulture
- forestry
- in or near water (but not amateur use, public hygiene or anti-fouling products)
- industrial herbicide.

3. Storage of pesticides

For products approved for agricultural use, where more than 200 kg or 200 l are being stored for sale or supply, a store person must have a Certificate of Competence awarded by Basis (Registration) Limited or be working under the direct supervision of a certificate holder. Pesticides must be stored in adequate facilities and comply with the MAFF Code of Practice for Suppliers of Pesticides to Agriculture, Horticulture and Forestry. In addition, all other conditions of the Consent and Approval must be complied with.

Where less than 200 kg or 200 l of pesticides approved for agricultural use are stored for sale or supply or where the products are not approved for agricultural use, just the conditions of the Consent and Approval must be complied with.

4. Use of pesticides

(A) Non-agricultural pesticides

· These must be used by the correct user (i.e. professional, industrial or amateur users)
· The operator must take all reasonable precautions (ref: Consent and guidance in the Code of Practice for the safe use of pesticides on farms and holdings)
· The statutory conditions of use on the label must be complied with.

(B) Agricultural pesticides

· Certificates of competence (awarded by the National Proficiency Tests Council) are required for use of the pesticide if:
(i) its use is as part of a commercial service, or
(ii) if the operator was born after 31st December 1964
OR the operator must be working under the direct supervision of a certificate holder.
· The certificate must be appropriate for the type of operation.
· The operator must take all reasonable precautions.
· The statutory conditions of use on the label must be complied with.

HSE pesticides information

5. Advertisement and Labelling

There are requirements relating to these, but they are not enforced by Environmental Health Officers as they relate primarily to consumer protection and commercial aspects of the legislation.

6. Disposal

Anyone who wishes to dispose of pesticides must comply with the legislative requirements of certain Acts of Parliament etc. A number of Codes of Practice and Guidance have been issued to help such persons meet their obligations as follows:-

· Code of Practice for Suppliers of Pesticides to Agriculture, Horticulture and Forestry - covers disposal of leaking, emptied or damaged pesticide containers and spillages.
· Code of Practice for the Safe Use of Pesticides on Farms and holdings - covers disposal of waste concentrates, dilute wastes and washings, containers, waste packaging and other contaminated materials.
· Approved Code of Practice - The Safe Use of Pesticides for Non-agricultural Purposes.

All seven County Council Household Waste Recycling Centres that accept hazardous household waste are open seven days a week, including bank holidays. Opening hours are 8am-7pm (1 April-30 September) and 8am-4.30pm (1 October-31 March). www.integra.org.uk

http://www.integra.org.uk/about/hazardleaflet.pdf

CHECKLIST - PESTICIDES

1.	Do you ensure that any pesticides used are approved?	YES /NO
2.	Where agricultural pesticides are stored for sale or supply or used do you ensure:- (i) certification of competency, as necessary; or (ii) that persons work under the direct supervision of a certificate holder	YES /NO YES /NO
3.	Do you ensure that all reasonable precautions are taken by all users of pesticides and that the statutory conditions of use on labels are complied with?	YES /NO
4.	Do you have safe and acceptable methods of disposal of pesticides and their containers?	YES /NO
5.	Have you carried out COSHH assessments etc. where necessary, where persons are or may be exposed to a substance hazardous to health which is an approved pesticide?	YES /NO
6.	If you store and display amateur pesticides in retail premises, do you comply with the guidance issued by the British Agrochemicals Association?	YES /NO

REFERENCES/FURTHER DETAILS

1. Approved Code of Practice L9 Rev. - The safe use of pesticides for non-agricultural premises (COSHH Regulations 2002)

2.British Agrochemicals Association Fact Sheet - Safe Retail Storage and Display of Amateur Pesticides:

3. Health and safety in the agriculture sector home page
4. Code of Practice for Suppliers of Pesticides to Agriculture, Horticulture and Forestry:
5. Free leaflets home page

6. HSE Books:
7. HSE website:

For further information please call (023) 9254 5505, 5506 or 5507 during office hours or call at the Town Hall, High Street, Gosport, Hampshire PO12 1EB.

Alternatively e-mail ehs@gosport.gov.uk any time