Enforcement responsibilities for pesticide legislation in the United Kingdom

Author unit / section:

Agriculture and Food Sector (Agriculture Section)

Target audience:

FOD Operational Inspectors and Complaints Officers

Summary

This SIM provides guidance for FOD inspectors and complaints officers to help them to determine the correct authority to investigate/follow up a pesticide complaint and to enforce the relevant pesticides legislation.

Introduction

1  Since 1986, the advertisement, sale, supply, storage and use of pesticides in the UK have been controlled under a regime implemented through the Food and Environmental Protection Act 1985 (FEPA) and the Control of Pesticides Regulations 1986 (COPR) (both as amended). This regime is based on a system of product approval and applies to all agricultural and non-agricultural pesticides.

2  This regime is being progressively overhauled in response to EC Directives by new approval systems, in the case of agricultural pesticides under the Plant Protection Products Regulations 1995 and the Plant Protection Products (Basic Conditions) Regulations 1997 and in the case of non-agricultural products under the Biocidal Products Regulations 2001.

Background

3  Inspectors and complaints officers should investigate/follow up all pesticide complaints in accordance with HSE’s Complaints Procedure.

Guidance

4  Under agency agreements with Ministers, HSE is responsible for enforcing the pesticide legislation, in connection with work activities, in premises for which it is the enforcing authority for the purposes of the Health and Safety at Work etc Act 1974 in accordance with the provisions of the Health and Safety (Enforcing Authority) Regulations 1998.

5  The original pesticide legislation is intended to protect the health of human beings, creatures and plants and to safeguard the environment. This means that this is one area of work where HSE has a direct responsibility for dealing with risks to the environment.

6  HSE has no responsibility for the advertisement of pesticides and rarely gets involved in cases related to the sale and supply of pesticides. FOD inspectors and complaints officers should consult the Sector before accepting a complaint about the sale or supply of a pesticide.

7  HSE is not responsible for the private use of pesticides in domestic premises (home/garden use) but is responsible when pesticides are used in such premises as part of a work activity e.g. a contractor carrying out pest control or timber treatment in a private house.

8  In practice, most of the complaints that are referred to HSE relate to concerns about the storage and use of pesticides on farms, usually drift from spraying operations. 

9  A number of other agencies are also authorised to enforce the pesticide legislation, in particular local authorities and parts of the Department of Environment, Food and Rural Affairs (DEFRA) in England and Wales and the Scottish Government Rural Affairs and Environment Directorate in Scotland.

10   The local authorities are responsible for enforcing pesticide legislation in premises for which they are the enforcing authority under the 1998 Regulations e.g. office, retail and wholesale premises. They are responsible for dealing with complaints about the advertisement, sale, supply and use of pesticides. A complainant should be advised to contact either the Trading Standards or the Environmental Health Department of the local authority depending on the nature of the concern.

11  The Wildlife Management & Licensing Service of Natural England is responsible for investigating all cases of alleged poisoning of wildlife under the Wildlife Incident Investigation Scheme (WIIS) including cases that arise from the approved use, misuse or abuse of pesticides. The scheme is not restricted to wild animals and birds but also covers bees, livestock and domestic animals. All suspected cases of illegal poisoning should be reported to DEFRA (Tel No: 0800 321 600 – calls are free). A similar scheme is operated in Scotland and uses the same contact number.

12  The Pesticide Safety Directorate (PSD), part of HSE, is responsible, in the first instance, for responding to complaints about pesticide residues in food, although HSE may be involved in any subsequent investigation/follow up. Complainants should be told to contact the PSD Information Section on 01904 455775. PSD will respond to calls from all parts of the UK.

13  The Environment Agency (EA) in England and Wales and the Scottish Environment Protection Agency (SEPA) have no direct responsibilities for enforcing pesticide legislation but have powers to act under other environmental legislation where damage to the environment has occurred or is likely to occur from the storage or use of pesticides.

14  The EA or SEPA will deal with all reports of water pollution, including those resulting in the distress or death of fish, irrespective of the cause. The contact number for reporting incidents is 0800 807060. The same number is used by both Agencies. Notifiers should be advised to contact the relevant Agency directly to report their concerns.

15  In all other cases of environmental damage or potential damage resulting from pesticide storage or use, the notifier should be informed that HSE will liaise with either the EA or SEPA. If the EA or SEPA agrees to take responsibility for the investigation, the notifier should be informed and given the contact details of the investigating office or officer.

16  In cases of doubt, inspectors and complaints officers should consult with their local Pesticide Liaison Inspector (PLI). A list of current PLIs can be obtained from the Sector.  

Action by inspectors and complaints officers

17  Inspectors and complaints officers should use the advice in this SIM to determine enforcement responsibilities for dealing with pesticide complaints.

Further advice

18  Further advice may be found in the HSE publication:

• INDG 141 ‘Reporting incidents of exposure to pesticides and veterinary medicines [457KB]

Contact

For further advice please contact Bob Hadway, Agriculture and Food Sector, Nottingham Tel. 0115 971 2849, email. robert.hadway@hse.gov.uk