Health and Safety
Executive / Commission
Biocides &
pesticides
The Pesticides Registration Section (PRS) of the Health & Safety Executive has existed for a number of years, administering the approval scheme for non-agricultural pesticides under The Control of Pesticides Regulations. Whilst there have been numerous changes during this period, the focus of the work has always been on pesticides. However, with the advent of the European Biocidal Products Directive, the focus of the section's work will gradually move to the wider field of biocides (which includes all of the non-agricultural pesticides PRS currently registers under COPR).
The name of the section has therefore been changed, to better reflect the nature of the work being carried out under both the Control of Pesticides Regulations, and the Biocidal Products Directive/Regulations. PRS will now be known as the Biocides & Pesticides Assessment Unit, or BPU. The unit continues to be headed by Ann Brazier, and to remind approval holders and other interested parties of the structure of the unit, a summary plan is given below.
Please note that the mailing address, telephone and fax numbers for BPU are the same as those used previously for PRS (and are given at the end of this Newsletter). The general enquiries e-mail address has however changed, from info.prs@hse.gsi.gov.uk to biocides@hse.gsi.gov.uk
BPU is re-examining the position of all products currently regarded as physical agents. Individual companies have been approached where we are aware of such products being sold, but if you have a product which is currently regarded as acting by physical means, and have not had a letter from us, then please contact us as soon as possible (before the 15th September 2000). Any changes to the status of these types of products will be reported in future copies of the Newsletter.
If you require any further information on this matter please contact Chris Mawdsley on 0151 951 3268, or at the address given at the end of this Newsletter.
After careful consideration, the biocides and pesticides unit has decided not to hold a non-agricultural seminar this year. Although previous seminars proved to be very successful, we are finding it increasingly difficult to present topics that appeal to a majority of the participating audience. It was felt a seminar this year would not build substantially on previous seminars, and with only relatively slow progress being made in Europe on the Biocidal Products Directive, it was felt that we would not be able to fill a whole day with interesting topics.
With this in mind, we would like to canvass the opinion of the industry as a whole and ask for your suggestions for topics to discuss in future seminars. If any reader has any suggestions for discussion topics, or if members of the industry would like to take a more proactive role in the seminar, please contact us and let us know. The aim of the seminars have always been to inform, resolve difficult issues, and to stimulate a two-way discussion on how to improve the administration of the Regulations.
All suggestions will be considered and the issue will be discussed later in the year to see if we can provide enough stimulating topics to provide a seminar in the Spring of 2001. Please send your suggestions (by 30 October 2000) to Paul Heeney at the address given at the end of this Newsletter, or by e:mail to biocides@hse.gsi.gov.uk
The biocides and pesticides unit is about launch a major revamp of its existing website. We feel that the current website is now somewhat dated and doesn't really offer as interesting and useful interface for the industry or the general public as the Internet is able to provide. We have some initial ideas about what we think the web-site should contain, but it would be very useful at this stage to have an industry point of view. We would like to know what information you would like to see on any future website. We are committed to providing as much information as needed, but we need your support and your ideas in order for this to succeed.
If any reader has any strong feelings about the current web-site or any suggestions for improvements to be incorporated into a future web-site, please submit them to Chris Mawdsley by 30 October 2000 at the address given at the end of this Newsletter, or to the general e:mail address (biocides@hse.gsi.gov.uk ).
In a recent case brought by Devon County Council's Trading Standards and Consumer Protection Service, three partners of a Devon business were fined for offences relating to the sale of antifouling paint containing Tributyl tin (TBT) to amateur users.
As part of investigations by Trading Standards Officers in the South West, test samples of paint were purchased, and were found to contain Tributyl tin (TBT). All three partners were charged at Exeter & Wonford Magistrates Court with offences under the Control of Pesticides Regulations 1986 as amended 1997 (COPR), and Control of Pollution (Antifouling Paints and Treatments ) Regulations 1987 (COP).
All antifouling paints must be approved under COPR before being placed on the market. The use of Triorgannotin compounds such as TBT in antifouling paints is severely restricted because of their environmental impact and amateur use is banned under the 8th amendment to the EC Marketing and Use directive, which has been implemented in the UK under COPR and COP.
The partners were fined a total of £15,000 and were ordered to pay full costs. An order was made under the Powers of Criminal Courts Act 1973 for forfeiture of the paint seized and the cost of disposal of this was included in the claim for costs
This case sends a clear message to retailers that they must ensure that the products they sell hold the necessary HSE or MAFF approval, and be aware of whether a product is approved for use by amateurs and can be sold to the general public, or is approved for use only by professional operators.
This is a correction to the article which appeared in the last Pesticides Newsletter (Issue Number 47 June 2000, article 5).
Antifouling products are classified and labelled according to the Chemicals (Hazard Information and Packaging for supply) (CHIP) regulations. These regulations are from time to time amended. Currently the CHIP phrase which appears on antifouling products refers to CHIP 96 which is an amendment regulation. Amendment regulations only refer to specific changes in the legislation, therefore in order to reflect the legal position, the phrase should refer to the base legislation as from time to time amended. The date for the base legislation is 1994 therefore the phrase on antifouling products should be changed to refer to the year 1994:
1457 IN ACCORDANCE WITH THE CHEMICALS (HAZARD INFORMATION AND PACKAGING FOR SUPPLY) REGULATIONS 1994, AS FROM TIME TO TIME AMENDED.
The biocides and pesticides unit (BPU) will be amending our records regarding the above phrase but we will not be issuing amended Notices and Schedules at this time. Approval Holders are requested to incorporate the amended phrase for all their antifouling products at their next label reprint.
All antifouling product applications going through the Approvals system will have this updated phrase assigned to them.
Approval Holders should ensure that the classification and labeling of their products are updated in accordance with CHIP amendment regulations. Approval Holders are requested to contact BPU if they are aware that the classification of their product has changed as a result of CHIP 99 (2) or any previous relevant CHIP amendment regulations.
We apologise for the incorrect information in the last Newsletter article and hope this has not caused any inconvenience.
If you have any further questions on this issue please contact the Approvals Group on 0151 951 3535 or fax: 0151 951 3317 or e-mail: biocides@hse.gsi.gov.uk
The first Review Regulation is due to be adopted by the Commission on the 15th September 2000. This will then be published in the Official Journal of the European Communities (the OJ) in the first half of October, and come into force 20 days later.
The Review Regulation has not changed significantly since the details given in the Biocides Factsheet No. 6 and you should still be able to obtain a copy of the most recent draft from your trade association. We still expect to circulate guidance on the Review Regulation to all our contacts soon after the regulation is published in the OJ. This will detail any actions required and the implications of such actions or non-action. If you require advice on the data requirements of this Regulation before it is published please contact us at the address given at the end of this Newsletter.
The European Commission held a meeting July this year to look at issues regarding creosote, and a proposal was put forward to further lower the benzo-a-pyrene (BAP) content. The UK Industry were represented at the meeting. The Commission presented a report which had been prepared by a firm of consultants, but it was too late for any discussion at that particular meeting. It is likely that a further meeting will be held this September.
Please note that there are no changes to any approvals as a result of this meeting.
If you would like any further information, please contact Irene O'Neill at the address given at the end of this newsletter, or by phone on 0151 951 4054.
If you require any further advice or information about any of the articles in this issue of the Pesticides Newsletter, please contact the Biocides & Pesticides Assessment Unit by telephone on 0151 951 3535, by fax on 0151 951 3317 or by letter to Biocides & Pesticides Assessment Unit, Health & Safety Executive, Magdalen House, Stanley Precinct, Bootle, Merseyside L20 3QZ. Alternatively we can be contacted via e:mail at biocides@hse.gsi.gov.uk