Implementation deadlines for sellers and purchasers of professional pesticide products
Brexit: Transition period
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Information Update: 11/2015
Issued: 6th November 2015
In July 2012 HSE's Chemicals Regulation Directorate (CRD) issued a Regulatory Update (24/2012) announcing the publication of the Plant Protection Products (Sustainable Use) Regulations 2012, which helped to transpose Directive 2009/128/EC on the Sustainable Use of Pesticides.
This included a link to guidance for those who work with plant protection products and who may be affected by these regulations. This guidance has been updated along with the list of specified certificates recognised in the UK.
This is a reminder that the requirements of regulation 9 (except paragraph (4) which is already in force) and regulation 13 come into force on 26 November 2015. Regulation 8(3) and the use of pesticides under "grandfather rights" also ceases from that date.
With effect from the 26th November 2015:
- Distributors who sell to end users must ensure that they have sufficient numbers of staff with specified certificates available at the time of sale to provide information to customers on: pesticide use; health and environmental risks; and safety instructions to manage those risks for the products in question. This regulation applies to the sale of all pesticides, whether for professional or amateur use, and includes all sales whether over the counter, telephone or internet.
- Anyone who purchases a pesticide authorised for professional use must ensure that the product will be used by someone who holds a certificate, or will be working under the direct supervision of someone who holds one (because they are undergoing training). An appropriate certificate is one which relates to the use of the product being purchased. Again, this requirement applies to all purchases whether over the counter, telephone or internet.
- All users of professional products, including those who previously relied on "grandfather rights", must hold a specified certificate, or be working under the direct supervision of someone who holds one (because they are undergoing training).
The guidance has been updated to provide further information on how to comply with these regulations.