The Plant Protection Products (Basic Conditions) Regulations 1997
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ARRANGEMENT OF REGULATIONS
SCHEDULES
The Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly, in exercise of the powers conferred on them by sections 16(2) and 24(3) of the Food and Environment Protection Act 1985[1], and of all other powers enabling them in that behalf, having regard to the interests of persons supplying information for the purposes of section 16 of that Act and after consultation with the Advisory Committee on Pesticides established under section 16(7) of that Act[2] and with the Health and Safety Commission, hereby make the following Regulations, a draft of which has been laid before and approved by resolution of each House of Parliament: Title, extent and commencement
Interpretation
(b) trees and bushes grown for purposes other than those of agriculture; (c) wild plants; and (d) fungi;
Meaning of "prescribed plant protection product"
(b) which is a substance, preparation or micro-organism to which
paragraph (2) below applies.
(b) prepared or used for protecting plants or plant products from harmful organisms or for rendering harmful creatures harmless; (c) prepared or used for regulating the growth of plants.
(b) any undesired plant; and (c) any harmful creature;
4 . - (1) No person shall advertise any prescribed plant protection product unless -
(b) the Ministers jointly have given a consent under regulation 7(a) to the advertisement of prescribed plant protection products; and (c)
(ii) the conditions of the consent,
(b) the Ministers jointly have given a consent under regulation 7(b) to the storage of prescribed plant protection products; and (c)
(ii) the conditions of the consent,
(b) the conditions of the consent have been complied with.
(b) the conditions of the consent have been complied with.
(b)
(ii) in the case of prescribed plant protection products used by
aerial application, the conditions of the consent imposed under regulation
7(c)(ii),
5 . - (1) Subject to the following provisions of this regulation, the Ministers may jointly give their approval, in relation to any prescribed plant protection product which has been approved under the Plant Protection Products Regulations, to the advertisement of that plant protection product. (2) Subject to paragraph (3) below, an approval given under this regulation may be given in the form of an approval, expiring at the end of the period for which the plant protection product has been approved under the Plant Protection Products Regulations or, where the Ministers have jointly granted a period of grace under regulation 13(6) of those Regulations for the disposal, storage, placing on the market and use of existing stocks, at the end of such period. (3) An approval given under this regulation may be given subject to conditions imposed when or after it is given and the Ministers may jointly at any time amend such conditions. (4) The Ministers may jointly at any time review, revoke or suspend an approval given under this regulation. Approvals for storage
(2) Subject to paragraph (3) below, an approval
given under this regulation may be given in the form of -
(b) an experimental permit, to enable testing and development to
be carried out with a view to providing the Ministers with safety and other
data.
(4) The Ministers may jointly at any time review, revoke or suspend an approval given under this regulation. Consents as to advertisement, sale, supply, storage and use
(b) the sale, supply and storage of prescribed plant protection products, subject to the conditions specified in Schedule 2; (c) the use of prescribed plant protection products, subject to -
(ii) in the case of the use of prescribed plant protection products
by aerial application, the conditions specified in Schedule 4,
8 . - (1) Where there has been a breach, in relation to any prescribed plant protection product, of any of the specified prohibitions imposed by regulation 4, any condition of an approval imposed under regulation 5 or 6 or any condition of a consent given under regulation 7, either of the Ministers shall have the power -
(b) to seize or dispose of anything treated with the plant protection product or require any person appearing to the Minister to be the owner or the person in charge of anything so treated to dispose of it; (c) to require the holder of the approval, or any other person appearing
to the Minister to be the owner or the person in charge of the plant protection
product, to take such remedial action as appears to that Minister to be
necessary as a result of the contravention including, where it appears
to be necessary as a result of the contravention, recovery of the plant
protection product from the market in Great Britain.
Release of information to the public
(2) The Ministers may, at the request of any person, supply that person with a copy of any evaluation held by them on payment of such fee (which may not exceed the cost reasonably attributable to the supply) as the Ministers, with the consent of the Treasury, may determine. (3) The Ministers may, at the request of any person to whom an evaluation has been made available for inspection under paragraph (1) above or to whom a copy of an evaluation has been supplied under paragraph (2) above, make available at such reasonable time and place as they may determine for inspection by that person any study reports held by them to which the evaluation relates. (4) No person to whom any information or document has been made available for inspection under paragraph (1) or (3), or to whom a copy of any information or document has been furnished under paragraph (2), shall make any commercial use of it nor, unless authorised in writing by the Ministers to do so, publish any part of it. (5) In this regulation -
Angela Browning
30th January 1997
28th January 1997
SCHEDULE 1 CONDITIONS RELATING TO CONSENT TO THE ADVERTISEMENT OF PRESCRIBED PLANT PROTECTION PRODUCTS
1. - (1) An advertisement of a prescribed plant protection product shall relate only to such conditions as are permitted by the approval given in relation to that plant protection product. (2) No advertisement of a prescribed plant protection product shall contain any claim for safety in relation to that plant protection product which is not permitted by the approval given in relation to that plant protection product to be on the label for the product. (3) In this paragraph "approval" means any approval given under the Plant Protection Products Regulations. 2. - (1) Any advertisement of a prescribed
plant protection product, other than a notice at the point of sale which
is intended to draw attention solely to product name and price, shall include
-
(b) a general warning as follows:
(b) any advertisement of a range of prescribed plant protection products
need only state the active substances of those individual products which
are identified by name.
(b) in the case of an advertisement which is broadcast or recorded
or is stored or transmitted by electronic means, clearly spoken or shown
separately.
SCHEDULE 2 CONDITIONS RELATING TO CONSENT TO THE SALE, SUPPLY AND STORAGE OR PRESCRIBED PLANT PROTECTION PRODUCTS
1. It shall be the duty of all employers to ensure that persons in their employment who may be required during the course of their employment to sell, supply or store prescribed plant protection products are provided with such instruction, training and guidance as is necessary to enable those persons to comply with any requirements provided in and under these Regulations and the Plant Protection Products Regulations. 2. - (1) Any person who sells, supplies
or stores a prescribed plant protection product shall -
(b) be competent for the duties which that person is called upon
to perform.
(b) any ground water.
(b) stores that prescribed plant protection product under the direct
supervision of a person who holds such a certificate.
(b) sells or supplies that prescribed plant protection product under
the direct supervision of a person who holds such a certificate.
(b) forestry; (c) in or near water other than for amateur, public hygiene or anti-fouling uses; (d) industrial herbicides, including weed-killers for use on land
not intended for the production of any crop.
SCHEDULE 3 CONDITIONS RELATING TO CONSENT TO THE USE OF PRESCRIBED PLANT PROTECTION PRODUCTS
1. It shall be the duty of all employers to ensure that persons in their employment who may be required during the course of their employment to use prescribed plant protection products are provided with such instruction, training and guidance as is necessary to enable those persons to comply with any requirements provided in and under these Regulations and the Plant Protection Products Regulations. 2. - (1) Any person who uses a prescribed plant protection product shall take all reasonable precautions to protect the health of human beings, creatures and plants, safeguard the environment and in particular avoid the pollution of water. (2) In this paragraph "water" means -
(b) any ground water.
(b) is competent for the duties which that person is called upon
to perform.
5. - (1) Subject to sub-paragraph
(4) below, no person shall use a prescribed plant protection product in
conjunction with an adjuvant in any manner unless -
(b) the use of that prescribed plant protection product with that
adjuvant in that manner is in accordance with -
(ii) any requirements to which the use of that adjuvant with that
prescribed plant protection product is subject, as determined or amended
under sub-paragraph (2)(a)(ii) or (iii) below.
(ii) determine requirements to which the use of that adjuvant with approved prescribed plant protection products shall be subject; (iii) for reasons of human safety or environmental protection, or
with the consent of the applicant, amend any requirement which has been
determined under sub-paragraph (ii) above;
(ii) if it appears to them that any relevant literature relating to the adjuvant is not in accordance with any requirement to which the use of that adjuvant is subject, as determined or amended under sub-paragraph (2)(a)(ii) or (iii) above; (iii) if it appears to them that -
(bb) the use of that adjuvant with that prescribed plant protection
product is not in accordance with the conditions of the approval given
in relation to that prescribed plant protection product;
(v) at the request of the applicant;
(ii) the date on which, and any conditions in accordance with which,
the removal is to take effect;
(ii) any leaflet accompanying that package; (iii) any other literature produced by, or on behalf of, the applicant
describing the adjuvant.
(5) In this paragraph "adjuvant" means a substance other than water, without significant plant protection properties, which enhances or is intended to enhance the effectiveness of a prescribed plant protection product when it has been added to that plant protection product. 6. - (1) No person shall combine or mix for use two or more prescribed plant protection products which are anticholinesterase compounds unless such a mixture is expressly permitted by the conditions of an approval given in relation to at least one of those prescribed plant protection products or by the labelling of the container in which at least one of those prescribed plant protection products has been sold, supplied or otherwise marketed to that person. (2) No person shall combine or mix for use two
or more prescribed plant protection products unless -
(b) the labelling of the container in which each of those prescribed
plant protection products has been sold, supplied or otherwise marketed
to that person,
7. - (1) No person in the course of
a commercial service shall use a prescribed plant protection product approved
for agricultural use unless that person -
(b) uses that plant protection product under the direct and personal supervision of a person who holds such a certificate; or (c) uses it in accordance with an approval, if any, for one or more
of the following uses -
(ii) food storage practice; (iii) vertebrate control (including rodenticides and repellents); (iv) domestic use; (v) wood preservation; (vi) 'other' (as may be defined by the Ministers).
(b) to seed other than seed intended solely for use by that person
or that person's employer.
(b) uses that plant protection product under the direct and personal supervision of a person who holds such a certificate; or (c) uses it in accordance with an approval, if any, for one of the
uses specified in paragraph 7(1)(c) above.
(b) forestry; (c) in or near water, other than for amateur, public hygiene or anti-folding uses; (d) industrial herbicides, including weed-killers for use on land
not intended for the production of any crop.
10. For the purpose of this Schedule "approval"
means any approval given under the Plant Protection Products Regulations
and "approved" shall be construed accordingly.
SCHEDULE 4 CONDITIONS RELATING TO CONSENT TO THE USE OF PRESCRIBED PLANT PROTECTION PRODUCTS BY AERIAL APPLICATION
1. No person shall undertake an aerial application
of a prescribed plant protection product unless -
(b) the prescribed plant protection product to be used has been approved
for the intended aerial application.
(b) not less than 72 hours before the commencement of the aerial application consulted the appropriate area office of the Environment Agency (if the area in which the intended aerial application is to take place is in England and Wales) or the appropriate area office of the Scottish Environment Protection Agency (if such area is in Scotland) if the land to which that plant protection product is to be applied is adjacent to, or within 250 metres of, water; (c) obtained the consent of such office if that plant protection product is to be applied for the purpose of controlling aquatic weeds or weeds on the banks of watercourses or lakes; (d) not less than 24 hours and (so far as is practicable) not more than 48 hours before the commencement of the aerial application, given notice of the intended aerial application to the Chief Environmental Health Officer for the district in which the intended aerial application is to take place; (e) not less than 24 hours and (so far as is reasonably practicable) not more than 48 hours before the commencement of the aerial application given notice of the intended aerial application to the occupants or their agents of all property within 25 metres of the boundary of the land to which that plant protection product is to be applied; (f) not less than 24 hours and (so far as is practicable) not more than 48 hours before the commencement of the aerial application, given notice of the intended aerial application to the person in charge of any hospital, school or other institution any part of the curtilage of which lies within 150 metres of any flight path intended to be used for the aerial application; and (g) not less than 48 hours before the commencement of the aerial
application, given notice of the intended aerial application to the appropriate
reporting point of the local beekeepers' spray warning scheme operating
within the district in which the intended aerial application is to take
place.
(b) the name of the prescribed plant protection product to be applied and its active substance and approval registration number; (c) the intended time and date of application; and (d) an indication that the same details have been served on the Chief
Environmental Health Officer for the district in which the intended aerial
application is to take place.
(b) not less than 24 hours before the aerial application, that person has provided and put in place within 60 metres of the land to which that plant protection product is to be applied signs, of adequate robustness and legibility, to warn pedestrians and drivers of vehicles of the time and place of the intended aerial application; and (c) before the aerial application that person has provided ground
markers in all circumstances where a ground marker will assist the pilot
to comply with the provisions of paragraph 5 below.
(ii) the registration number of the aircraft used; (iii) the name and permanent address of the pilot of that aircraft; (iv) the name and quantity of the plant protection product applied; (v) the dilution and volume of application of the plant protection product applied; (vi) the type and specification of application system (which may include nozzle type and size); (vii) the method of application; (viii) the flight times of the aerial application; (ix) the speed and direction of the wind during the application; and (x) any unusual occurrences which affected the application;
(b) maintain the aircraft at a horizontal distance from any occupied
building and its curtilage, children's playground, sports ground or building
containing livestock of -
(ii) not less than 60 metres, in any other case;
(This note is not part of the Regulations)
These Regulations supplement the Plant Protection Products Regulations 1995 (S.I. 1995/887) as amended (S.I. 1996/1940) ("the principal Regulations") which implement in Great Britain Council Directive 91/414/EEC concerning the placing of plant protection products on the market, as amended. The principal Regulations require that plant protection products may not be placed on the market or used within Great Britain unless they have been approved by the Minister of Agriculture, Fisheries and Food and the Secretary of State ("the Ministers") and make provision concerning the process of application for, evaluation and granting of approvals, which may be given subject to conditions, and the packaging and labelling of approved plant protection products. The Regulations have been made for the purpose of controlling pesticides in implementation of Part III of the Food and Environment Protection Act 1985 ("the 1985 Act") and apply to all plant protection products which are subject to the principal Regulations (the latter contain transitional provisions which enable certain plant protection products to remain temporarily subject to the Control of Pesticides Regulations 1986) and are substances, preparations or micro-organisms prepared or used for destroying pests, protecting plants or plant products from harmful organisms, or rendering harmful creatures harmless, or regulating the growth of plants. Plant protection products to which these Regulations apply are described as prescribed plant protection products. The Regulations specify additional controls which apply not only to the placing on the market and use of prescribed plant protection products but also their advertisement and storage. No-one may advertise and store a prescribed plant protection product unless the Ministers have given their approval under the Regulations to its advertisement and storage and the conditions of such approval are complied with (regulations 4(1)(a) and (c)(i), (2)(a) and (c)(i), 5 and 6). The Regulations provide a right of access to information (study reports and evaluations) concerning approvals granted under the Regulations, qualified by a prohibition on making commercial use of any information made available (regulation 9). The Regulations also provide that no-one may advertise, store, sell, supply or use prescribed plant protection products unless the Ministers have given the appropriate consent under the Regulations and the conditions of such consent are complied with; when they have given a consent the Ministers are required to publish a notice specifying the fact (regulations 4(1)(b) and (c)(ii), (2)(b) and (c)(ii), (3) to (5) and 7). The Schedules to the Regulations set out conditions to which the consents (once given) are automatically subject. Schedule 1 contains restrictions on material which may be contained in advertisements of prescribed plant protection products (which include advertisement material stored or transmitted by electronic means) and specifies minimum information which must be included. Schedule 2, which governs the sale, supply and storage of prescribed plant protection products, contains provision on the instruction, training and guidance of employees, a general obligation to protect human, animal and plant health, safeguard the environment and avoid the pollution of water and special provisions (entailing a requirement in certain circumstances to obtain a certificate of competence recognised by the Ministers) concerning the sale, supply and storage of plant protection products approved under the principal Regulations for agricultural use (as defined). Schedule 3, which governs the use of prescribed plant protection products, similarly contains provision on instruction, training and guidance (which are applicable to employers, employees and those giving instruction to others) and a general obligation to protect human, animal and plant health, safeguard the environment and avoid the pollution of water; in addition there are provisions imposing an obligation on users to confine the application to the area intended to be treated, setting out requirements on the use of prescribed plant protection products with adjuvants (which include a requirement that the adjuvant be specified in a list published by the Ministers) and on tank mixing and providing a requirement (subject to a limited exception) for those using prescribed plant protection products approved for agricultural use either in the course of a commercial service or (in all cases) where the user was born later than 31 December 1964 to use it in accordance with an approval for a specified class of use or otherwise either hold a certificate of competence recognised by the Ministers or be supervised by someone holding a certificate. Schedule 4 governs the use of prescribed plant protection products by aerial application, setting out the procedures which aerial users are required to follow. The Regulations empower each of the Ministers in the event of a breach of the Regulations (including breaches of an approval or the consents) to seize or dispose of prescribed plant protection products or anything treated with a prescribed plant protection product, require their seizure or disposal, require the taking of remedial action (which can where necessary include recovery of a prescribed plant protection product from the market) and require the re-exportation of prescribed plant protection products imported in contravention of any such breach (regulation 8). Other enforcement powers and offences and penalties for breaching the Regulations are contained in sections 16, 19, 21 and 22 of, and Schedule 2 to, the 1985 Act. These Regulations were notified in draft to the European Commission in accordance with Council Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations (OJ No. L109, 26.4.83, p. 8), as amended. A compliance cost assessment has been prepared and a copy has been placed in the library of each House of Parliament. Copies of the compliance cost assessment can be obtained from the Pesticides Safety Directorate of the Ministry of Agriculture, Fisheries and Food, Room 308, Mallard House, Kings Pool, 3 Peasholme Green, York YO1 2PX.
Notes: [1] 1985 c.48: section 16 was amended by the Pesticides (Fees and Enforcement) Act 1989 (c.27) and section 24(1) contains a definition of the Ministers. back [2] Established by S.I. 1985/1516. back [3] S.I. 1995/887, amended by S.I. 1996/1940. back [4] In principle the prohibitions specified in regulation 3(1) and (2) (which provide that no person may place on the market and use any plant protection product within Great Britain unless that product has been approved under those Regulations) apply to all plant protection products but Schedule 3 to those Regulations contains transitional provisions whereby plant protection products containing active substances which were on the market of the member States of the European Community and other States of the European Economic Area on or before the dates specified in the definition of old active substance in regulation 2(1) of those Regulations do not become subject to the prohibitions specified in regulation 3(1) and (2) until it has been decided, under Article 6 of the Directive, whether the active substances concerned should, or should not, be included in Annex I to the Directive. Until such a decision has been taken such products are subject to the Control of Pesticides Regulations 1986 (S.I. 1986/1510). back [5] Regulation 9 prohibits the carrying out of any experiment or test for research or development purposes involving the release into the environment of a plant protection product which has not been approved under the Plant Protection Products Regulations unless an approval for trial purposes has been granted by the Ministers under that regulation; under regulation 3(4) a plant protection product which is so approved is exempted from the prohibitions specified in regulation 3(1) and (2). back [6] S.I. 1992/3240, which implements in Great Britain Council Directive 90/313/EEC on the freedom of access to information on the environment (OJ No. L158, 23.6.90, p. 56); these Regulations provide for a general right of disclosure of information relating to the environment which is held by (inter alia) Ministers of the Crown (other than information capable of being treated as confidential) and specify certain requirements which must be observed in responding to requests for disclosure of such information. back [7] S.I. 1985/1643. back [8] The metric equivalent of one foot is 0.3048 metres (Council Directive 89/617/EEC, OJ No. L357, 7.12.89, p. 29). back [9] 1949 c.97. back [10] 1981 c.69.
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