Law on Pesticide Use

Under FEPA, conditions are laid down which must be met, before Ministers will give their consent to the advertisement, sale, supply, storage and use of pesticides.

FEPA also empowers Ministers to

Set maximum residue limits for pesticides in food;
Issue Codes of Practice;
Charge fees;
Recover certain expenses;
Authorise enforcement officers and to require manufacturers and dealers of pesticides to supply information.

FEPA applies throughout the United Kingdom.

The Control of Pesticides Regulations 1986 (as amended) (COPR)

COPR provide the mechanism for the implementation of the aims of FEPA. They prohibit the sale, supply, storage, advertisement or use of pesticides unless they are approved by Ministers in the responsible Departments, and unless general obligations (set out in the Schedules to the Regulations) and conditions specific to individual pesticides (conditions of approval) are met.

The Plant Protection Products Regulations 2002 (as amended) (PPPR)

These Regulations implement Directive 91/414/EEC concerning the placing of plant protection products (mainly agricultural pesticides) on the market, in Great Britain. Northern Ireland has similar legislation. The Directive harmonises the arrangements for the regulation of plant protection products within the Community, and provides for an extensive review programme for active substances on the market before July 1993. A list of active substances will be assembled in Annex I to the Directive. This will be built up and amended over time as new active substances are authorised and existing ones reviewed.

In order to apply for registration of a new active substance under the European system, a company must first apply for assessment to the regulatory authority in the Member State of their choice. The Member State evaluates the scientific data provided by the company, to ensure that the active substance fulfils all the Directive’s requirements concerning safety to man and the environment. Following evaluation of the data provided, the Member State submits a report to the Commission with recommendations regarding inclusion in Annex I. The recommendations are considered by all Member States through the European Commission's Standing Committee onthe Food Chain and Animal Health. Once an
active substance has been listed, individual Member States may decide whether to authorise plant protection products containing the substance within their boundaries.

PPPR and its related regulations apply to active substances that appeared on the European market since July 1993 and to older active substances listed on Annex I of Directive 91/414/EEC following European review. COPR will continue to apply to all other active substances until they have been reviewed at Community level.

The Plant Protection Products (Basic Conditions) Regulations 1997

These regulations apply control and enforcement provisions similar to those under COPR for plant protection products approved under PPPR. The regulations also set out the general conditions relating to the sale, supply, storage, advertisement and use of plant protection products.

The Biocidal Products Directive (98/8/EEC)

This Directive introduces a Community-wide framework for the authorisation of biocidal products. Biocidal products include pesticides used other than for plant protection purposes i.e. those currently covered by COPR but not Directive 91/414.

These are mainly non-agricultural pesticides such as wood preservatives, disinfectants, water biocides and germicidal cleaners.

The authorisation scheme will be similar to that introduced for plant protection products. A two stage process will be introduced whereby active substances are assessed at Community level for possible inclusion in Annex I of the Directive.

Products containing Annex I listed active substances may then be authorised by Member States. Biocidal products containing active substances on the market at May 2000 will be able to stay on the market subject to national legislation until the substance has been reviewed and Annex I listing agreed. The Directive allows for a 10 year programme for review of these active substances.

The Directive has been implemented in Great Britain by the Biocidal Products Regulations 2001, and by parallel regulations in Northern Ireland.

Maximum Residue Levels

Pesticide residue levels in food are controlled by the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1999 (as amended). These specify many thousands of Maximum Residue Levels (MRLs). The European Community is consolidating its MRLs legislation and implementing a programme to harmonise these levels across all Member States. This will significantly increase the number of MRLs.

MRLs are defined as the maximum concentration of pesticide residue (expressed as milligrams of residue per kilogram of food/feeding stuff) likely to occur in or on food and feeding stuffs after the use of pesticides according to Good Agricultural Practice (GAP). MRLs are intended primarily as a check that GAP is being followed and to assist international trade in treated produce. MRLs are not safety limits, and exposure to residues in excess of an MRL does not necessarily imply a risk to health.

A pesticide can only be approved if the potential exposure of consumers to its residues in food results in a residue intake that is within the Acceptable Daily Intake (ADI) and (where relevant) the Acute Reference Dose (ARfD) for that pesticide.

The Control of Substances Hazardous to Health 2002 (COSHH)

The COSHH Regulations lay down essential requirements for the assessment and control of exposure to hazardous substances in the workplace. The regulations cover substances, such as pesticides, that are classed as very toxic, toxic, harmful, irritant or corrosive, substances with occupational exposure limits, harmful microorganisms and dusts.

Codes of Practice

Various codes of practice have been issued to assist farmers, growers and other professional users of pesticides to meet their legal obligations, for example the Code of Practice for the use of Pesticides on Farms and Holdings (the Green Code). Some, like the Green Code have statutory status. Failure to comply with a statutory code is not in itself an offence. However, a Court may, in criminal proceedings, regard the code as statement of what is considered good practice in pesticides application procedures.