Agricultural update: Ensure your compliance with changes to rules on Plant Protection Products
The law and regulation on using a plant protection product (PPP) is a rapidly changing area. As new chemicals and technology develop, so too does the governance of their use and application.
‘Grandfather rights’ ceasing
In 2015 ‘grandfather rights’ (which allow anyone born before 31 December 1964 to use PPP’s authorised for professional use without holding a certificate of competence) will come to an end. The Plant Protection Products (Sustainable Use) Regulations 2012 (The 2012 Act) allow ‘grandfather rights’ to continue until 26 November 2015. After this date, everyone who uses PPP’s authorised for professional use must have the certification required for that PPP. Practically, this requirement is likely to have greater effect on small farms where there are no certified employees or contractors carrying out crop protection work. Those who are currently relying on ‘grandfather rights’ are advised to get the relevant training and qualifications well before 26 November 2015.
Obligations on PPP buyers
Even if farmers do not apply PPP’s themselves, The 2012 Act creates an obligation on those buying the PPP’s to ensure that those applying them have an appropriate training certificate (or will be working under the direct supervision of someone who does). Clearly, if the buyer is using the PPP’s himself, he must ensure he holds the required certification to use them. Likewise, buyers must also ensure that any employees using the PPP’s have the correct certification (including those who previously made use of ‘grandfather rights’). This obligation is likely to be a particular issue for farmers who buy their own chemicals and then get a contractor to apply them. The contractor must have the correct certification and farmers will need to be assured of this when the chemicals are purchased (practically, it is best to ask to see contractors’ certification before hiring them).
Storage and Disposal of PPP’s
According to The 2012 Act farmers have a duty to take all reasonable precautions to ensure that the storage, handling and disposal of PPP’s, remnants (old chemicals and unused tank mixes), packaging and cleaning of equipment does not endanger human health or the environment. All PPP’s should be stored in a chemical storage unit which is lockable and reduces the risk of unwanted releases.
It is advisable to keep up to date on which chemical licenses are being withdrawn, for example the recent EU ban on neonicotinoid compounds. It may be that approval for a PPP is withdrawn whilst it is in storage on the farm. Often there is a period during which stored supplies of a withdrawn substance can be used but this is not guaranteed and storing products that are no longer approved can constitute an offence. This highlights the importance of seeking legal advice wherever there are concerns.
Disposal of PPP’s is highly regulated, particularly for out of date products or products classed under the Hazardous Waste Directive (European Council Directive 91/689/EEC). After a product has been used, its container should be thoroughly rinsed and the empty container should be kept in the chemical store until it is disposed of properly. Farmers should engage a licensed hazardous waste removal contractor to dispose of left over, restricted or out of date chemicals or take the waste to a licensed waste disposal site. Your local authority will be able to provide information on sites with such facilities. Whichever method of disposal is used, farmers should record what has been disposed of or ask the waste removal contractor for a consignment sheet detailing what has been taken.
Inspection and maintenance of equipment
The 2012 Act has also introduced a requirement of owners of PPP application equipment to have the equipment inspected. The inspections will make sure the equipment has been maintained correctly and is in good working order. The requirement applies to people who own, or lease, sprayers and all other application equipment (except for handheld and knapsack sprayers). It is important to note that equipment that is not in use or is not used for applying pesticides is not affected. Equipment that is 5 years old or more on 26 November 2016 will need to have one inspection before that date. From 26 November 2016, equipment must have an inspection every 5 years and, after 26 November 2020, inspections must occur every 3 years.
Professional users must conduct regular calibrations and technical checks of the PPP application equipment they use. When doing this, they must have regard to the nature of the equipment and carry out checks in accordance with the training that they received to gain certification.
Clearly, some of the requirements implemented by The 2012 Act and developments in regulation will involve significant costs to farmers, particularly regarding training and proper disposal of PPP’s. However, the possible ramifications of non-compliance are great, not only in expense, but stress and damage to reputation.
Note: The content of this article is for general information only and does not constitute legal advice. Specific legal advice should be taken in any specific circumstance.
If you need any advice on the above please contact our Agricultural Team on 01603 610911. The team has extensive working knowledge of PPP Regulations, the practical implications of The 2012 Act and experience in protecting businesses against enforcement action taken by the Health and Safety Executive (HSE). Following a recent successful challenge against the actions of the HSE inspector the business owner said: “Thanks to our outstanding legal team, headed by Darren Bowen a Partner in Leathes Prior’s Dispute Resolution and Agricultural Teams, we can now start trading again”.
