Page 8 - ALG Issue 2 2017

Legal
Plant Protection Products (Sustainable Use) Regulations 2012
On the 26th November 2015 a number of the regulations governing the purchase and use of plant protection products designated for Professional use came into force:
Regulation 8 (Certi cate of Competence) – there were exemptions under this regulation, which permitted the use of Professional Chemicals without the requirement for the user to hold a Certi cate of Competence. These have been commonly known as ‘grandfather rights’ which has allowed anyone born before the 31st December 1964 to use plant protection products authorised for professional use’. This exemption lapsed on 25th November 2015, which means anyone wishing to use Professional Chemicals from 26th November 2015 onwards now will be required to hold a relevant Certi cate of Competence for use of the product concerned.
Regulation 9 (Sale and Purchase) –
this regulation came into force on 26th November 2015 and it will be an offence for anyone to purchase plant protection products authorised for professional use unless they have ensured that the intended end user has a certi cate.
Health & Safety Executive – advice received by National Allotment Society (NAS) from the HSE is as follows:
• Professional Chemicals should not be used on allotment sites.
• If issues were to arise from the use of Professional Chemicals on an allotment site then the HSE would initiate prosecution proceedings.
• The HSE recommends that only Retail Products intended for use in gardens should be used on allotment sites.
‘Amateur’ and ‘Professional’ use – further clari cation
Most of the pesticides that you can use in the home, garden or allotment are approved for amateur use. This means that you do not need speci c training to use these products. The label will be worded so that the instructions are easy to follow, to ensure that the product is used safely. These products
are most likely to be found in your local garden centre, DIY store or supermarket.
Many other pesticides, such as those used on farms, or in public areas, are approved for use in much larger commercial situations. The labels of these ‘professional’ products can be used as a professional product in the home, garden or allotment so long as the intended use appears on the label.
The National Allotment Society are part of the Amateur Liaison Group of the Chemical Regulation Directorate of the Health and Safety Executive who meet twice a year along with representatives from:
• Major retailers
• Horticultural Trades Association • Crop Protection Association
• RHS
• Representatives from the Welsh
Assembly • DEFRA
• UK Pesticides Action Network
The information below has now been placed on the HSE website on the Home and Garden user homepage:
Can allotment societies buy in bulk and sell smaller quantities to members?
It is illegal for allotment societies to buy pesticides in larger containers to sell on to members in smaller quantities where the product is put into alternative packaging without the original label. This is for safety reasons as the original packaging will have been assessed for storage of the pesticide and the label for correct instructions on safe use, storage and disposal of the product. Such situations could lead to incorrect
and unsafe use, storage and disposal
which may affect the health of people and animals as well as pollute the environment. Allotment societies found to be doing this risk enforcement action being taken against them.
However, buying products in bulk where the products being sold on to allotment society members remain in the authorised packaging with the authorised label is allowed.
Can I use homemade remedies to control pests, diseases and weeds in my (home) garden?
HSE are aware that some gardeners routinely use home-made remedies that are not authorised to control pests, diseases and weeds. In some cases these remedies are simple physical barriers and are outside the scope of UK and EU regulations. In other cases these remedies involve the use of chemicals either from foodstuffs, like coffee grounds, or from household products which are not normally intended to be used as pesticides.
Part of the legal de nition of a plant protection product takes into account the intended use of the product. For example garlic extract sold as a foodstuff doesn’t require authorisation under plant protection product regulations but garlic extract sold as an insecticide does. In practice this means a number of own use home-made remedies such as beer traps or coffee grounds fall outside the scope of regulations.
However, this does not mean that use of these remedies including use of common household chemicals as a pesticide is without risk or that it is always legal. For example, in circumstances where a home-made remedy was supplied to another user (whether free
of charge or not) this may fall in scope of the regulations, and if so would be illegal without an authorisation. In this sort of circumstance, where HSE (or other enforcing authorities) obtain evidence of such a supply or use we would need to consider appropriate and proportionate enforcement action.
Volunteer gardeners
An increasing number of members of the public are getting involved with allotment societies or volunteer groups taking on larger gardening projects which may previously have been undertaken by paid contractors. For example, volunteer groups now manage parts of some public parks, take on ‘Britain in Bloom’ or similar projects and some allotment societies are now responsible for maintaining the whole allotment site rather than just individual plots. These activities span the borderline between amateur and professional uses of pesticides.
Liz Bunting
Legal and Operations Manager
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