Kent farmer prosecuted for pesticide failings

Date:

8 May 2012

Release No:

SE/82/12

A Kent farmer has been prosecuted for storing and using an illegal pesticide that was sprayed on a crop of pears.

David Lewis Stevens, from Sittingbourne, used Amitraz on the fruit despite the substance being banned in the UK since 31 December 2007.

Maidstone Magistrates' Court heard today (8 May) that routine monitoring by the Pesticides Residue Committee at Elm Farm, in Lower Halstow, on 19 May 2010 found traces of Amitraz on a batch Comice pears recently treated by Mr Stevens.

A subsequent investigation by the Health and Safety Executive (HSE) revealed the agricultural pesticide, and others, were inappropriately stored for use. They were stowed in a haphazard and potentially dangerous manner, and many were unapproved and unlicensed.

Mr Stevens, of School Lane, Newington, pleaded guilty to three separate breaches of the Control of Pesticide Regulations 1986 for his failings. He was fined £3,000 and ordered to pay £3,500 in costs.

After the hearing, HSE Inspector Lisa Skinner said:

"Farmers and growers are required by law to take all reasonable precautions to protect the health and wellbeing of humans, animals, plants and the environment when selling, storing and using pesticides.

"Comprehensive guidance on what is and isn't appropriate is readily available from HSE and others, yet Mr Stevens blatantly ignored his legal obligations and duty of care.

"An alternative pesticide to Amitraz has been approved for use since 2008, so there is no excuse using a banned substance nearly two years later."

Further information on pesticides can be found online at www.pesticides.gov.uk

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. Regulation 4(4)(a) of the Control of Pesticide Regulations 1986 states: "No person shall store a pesticide unless (a) the Ministers jointly have given an approval under regulation 5 (approvals) in relation to that pesticide and a consent under regulation 6(b)."
3. Regulation 4(4)(b) of the Control of Pesticide Regulations 1986 states: "No person shall store a pesticide unless (b) any conditions of the approval related to storage and the conditions of the consent have been complied with."
4. Regulation 4(5)(a) of the Control of Pesticide Regulations 1986 states: "No person shall use a pesticide unless (a)the Ministers jointly have given an approval under regulation 5 in relation to that pesticide and a consent under regulation 6(c)."

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