Application plan for aerial spraying
Anyone carrying out aerial spraying must make sure that:
- spraying is done in line with an approved Application Plan
- specific spray operations have been permitted by the Health and Safety Executive (HSE)
The Application Plan must be completed by aerial spraying operators using the spraying application templates.
Submit your plan to [email protected] with the appropriate covering letter and suitable map of the area to be treated.
It will help us (and you) if you send separate application plans for jobs:
- close to or within protected areas
- not close to or within protected areas
- grouped by county
The Application Plan can (but does not have to) include details of specific spray operations.
Obtaining a permit
Following our Aerial Spraying Permit arrangements, HSE will prepare an online template application for requests for aerial spraying permits when we are aware that product authorisations may be granted. Applications for permits can generally be made some time after submissions seeking product authorisations or trials permits.
Before submitting an application for a permit, you are advised to consider/collect the following information:
- an outline of why there are no viable alternatives, or clear advantages, in terms of reduced impacts on human health and the environment compared to ground-based applications of pesticides
- provisional time of spraying and amount of pesticides to be applied
- the product authorisation or the Extrapolated Trials Permit that authorises use
- specified certificates (PA-type qualifications) of the operators
- the relevant CAA application and authorisation to fly
- the ‘best available technology’, fitted to the drone in order to reduce spray drift
- maps/grid references of the areas to be treated – MAGIC maps produced by Defra is an appropriate tool to help applicants identify conservation areas such as sites of specific natural interest close to areas where pesticides may be applied.
Why maps and grid references are needed
The Wildlife and Countryside Act requires HSE to consult the relevant nature conservation authorities when considering permitting the application of pesticides ‘in’ or ‘close to’ conservation areas. The maps and grid references will ensure we can do this.
Being ‘close to’ a conservation area will vary depending on the nature of the pesticide being applied. The distance will be agreed following discussions between HSE and the nature conservation authorities. For example, in the case of crewed aerial application applying asulam to bracken, ‘close to’ was defined as 150m.
Following consultation with the nature conservation authorities
In virtually all cases, HSE will reflect the views of nature conservation authorities in any permit we issue.
This may result in additional controls being applied beyond those identified as a result of HSE’s pesticide risk assessment.
What the Aerial Spraying Permit enables you to do
The permit enables you to apply pesticides by aircraft/drone, in accordance with the conditions specified in the Aerial Spray Permit and the authorisation for use (for example an Extrapolated Trials Permit).
As well as adhering to restrictions set by HSE and additional controls resulting from the consultations with nature conservation bodies, operators will need to ensure:
- the public are forewarned of any pesticide applications and that measures are taken to restrict access to locations in and around the areas being treated. The product authorisation may include conditions relevant to this
- you have considered any risks to water – it is recommended that you consider advising the Environment Agency, local water company and/or local authority of intended treatments
- drones maintain an appropriate vertical and horizontal distance from places where people, livestock and buildings may be present. The product authorisation and CAA-derived restrictions may include conditions relevant to this
How long permits last
Aerial Spraying Permits are specific to particular spray operations that take place at a time as indicated by the applicant on the aerial spray application plan and noted in the permit.
How long it will take to process an application
If the planned spraying job is not in or close to a conservation area, then we aim to process applications within 10 days. However, where HSE has legislative obligations to take account of the views of conservation agencies (typically where spraying takes place in or close to a conservation area), it will be necessary to 'stop the clock' while this consultation takes place. Applicants are advised to allow at least one month for this consultation process to take place.
Cost
We currently do not charge for permits.
Application of pesticides by drone
Authorisation to apply pesticides by drone in the UK
There are currently no commercial authorisations (on-label or extension of authorisation for minor use) to allow the application of pesticides by drone in the UK. It is currently authorised under a limited number of Extrapolated Trials Permits.
This permit authorises the application of pesticides by a named applicant or their agents on a limited area of land with specific restrictions that are proportionate to the risks. The permit is granted so the holder can produce information or data to support a future application for a commercial authorisation.
Key requirements under pesticide law
In addition to complying with the conditions of a commercial authorisation and/or an Extrapolated Trials Permit, each application of a pesticide by drone must be referenced in an Aerial Spraying Permit. Applications of pesticides must also comply with wider legal requirements regarding pesticide use, particularly the following:
- Plant Protection Products Regulations – particularly clauses on complying with the conditions of use as specified on product labels and keeping records of pesticide applications
- Plant Protection Products (Sustainable Use) Regulations – while all of the regulations are relevant to the application of pesticides by drone, clauses of particular interest include those relating to qualification of users, inspection of application equipment, and aerial spraying permitting:
- the application of pesticides by drone is currently considered as aerial spraying, which is prohibited unless authorised by HSE through an Aerial Spraying Permit
- operators must hold the appropriate certification indicating they are competent to spray pesticides by drone. At the moment this certification is PA1 and PA6 (or equivalents), but this situation is likely to change to a bespoke drone-specific certification requirement
- drone application equipment, as with other pesticide application equipment, is subject to regular inspection
Those who use, cause or permit the use of pesticides must take ‘reasonable precautions’ to protect human health and the environment. Following guidance in the Code of Practice for Using Plant Protection Products provides a good basis for demonstrating a duly diligent approach to meeting this requirement.
Particular care should be taken to protect water or waterbodies. HSE shares details of proposed aerial applications with Water UK, whose members may contact those intending to carry out pesticide applications to discuss whether particular controls may be required. Local Environmental Health Officers can help applicants identify the locations of private water supplies and may need to be contacted as part of a duly diligent approach.
Other permits that are required
To apply pesticides by drones, operators are required to obtain an authorisation from the Civil Aviation Authority (CAA). Operators and growers thinking about using drones are strongly encouraged to get in touch with the CAA and seek their advice on how to obtain permits or licences administered by them.
Extrapolated Trials Permits
Obtaining a permit
The HSE website has details of how to apply for Extrapolated Trials Permits. Potential applicants are strongly advised to refer to this guidance.
You can get further information on the application process by emailing HSE at [email protected].
Summary of the application process
The requirements of the application process can be summarised as follows:
- You can apply for an Extrapolated Trials Permit if the active substance to be used in your experimental work has been approved for use in a formulation that has been authorised in the UK
- You will need to ensure that each area of the risk assessment is addressed by submitting data or a reasoned scientific case
- Where the proposed uses require an extrapolation from existing product data, a full scientific justification supporting this extrapolation is necessary
- The area to be treated in terms of location and scale needs to be declared
- If the treated crops are intended for human food or animal feed markets a consumer exposure risk assessment is required – the HSE Extrapolated Trials Permits page has details of acceptable extrapolations
- A consideration of residues in rotational crops is required
- To ensure adequate protection of the environment, applicants must submit an environmental risk assessment
What Extrapolated Trials Permits are for
An Extrapolated Trials Permit is issued for applicants to carry out experimental trial work to generate data to support future applications for commercial authorisations, that is either on-label authorisations or extension of authorisation for minor use (EAMU). Efficacy data trials, necessary to support on-label authorisations, must be conducted to GEP by Officially Recognised trials (ORETO) facilities.
How long permits last
An Extrapolated Trials Permit lasts for 3 years.
The area of land that can be treated
You will need to specify the area which you require for your trials work and provide a full justification for the proposed area. Your permit will specify a maximum area to be treated as a condition of the permit. HSE will make a judgement as to whether the area requested is reasonable.
How much an Extrapolated Trials Permit costs
This will depend on the type of application submitted and the use cases included. By way of an example, a ‘standard’ application of this type would include a ‘handling fee’ and case fees for operator exposure, environmental fate and ecotoxicology and currently attracts a fee of £3,349.
How long an application for a permit takes to assess
HSE will aim to complete the application 52 weeks from the date of receipt.
Aerial Spraying Permits
Under the Plant Protection Products Sustainable Use Regulations, an Aerial Spraying Permit is currently required every time you intend to apply a pesticide from the air and this includes all applications by drone.
HSE will consider approving Application Plans and/or permitting spray operations which meet the requirements set out in the Plant Protection Products (Sustainable Use) Regulations. The law also allows us to withdraw or amend permits in certain circumstances.
Additional points
User certification requirements
Currently HSE is advising that provided an operator holds a PA1 and PA6 or equivalent (knapsack)-type qualification included in our list of UK specified certificates, this will meet regulatory requirements on certification. We consider this to be a proportionate requirement while extremely limited drone use is taking place under trials permits. We are reviewing this in anticipation that commercial level authorisations will be granted in the foreseeable future.
Only specified certificates meet the legal requirements for operators to be suitably qualified to apply professional pesticides. Any qualification/certificate that is not listed does not enable an individual to meet their legal requirements.
Equipment inspection requirements
The law requires that new pesticide drone application equipment is inspected by an official organisation before the fifth anniversary of its date of purchase. They must then be inspected every 3 years.
In the UK the Agricultural Engineers Association’s National Sprayer Testing Scheme (NSTS) is the official inspection organisation. You can find your nearest National Sprayer Test Centre.
The NSTS can also be used to satisfy requirements for regular inspection under crop assurance protocols.
Low and ultra-low volumes
When applying pesticides by drone, operators are only required to use the authorised spray volumes – as they appear on the product label for application by terrestrial equipment. Low volume and ultra-low volume pesticide formulations are currently not permitted for use with drone applicators in the UK.
Applicants who believe they have sufficient evidence and/or data can make an application to HSE for the consideration of a product to be applied by drone at a low or ultra-low volume. Applicants are strongly advised to discuss any plans to do this with HSE in the first instance.
Rotary atomisers (including controlled droplet applicators)
Applicator selection would not be a concern to HSE when considering permissions for using drones to apply pesticides granted under the experimental trials permit arrangements.
However, if a commercial on-label authorisation is requested in the future, HSE would need to establish whether further drift and/or efficacy data specific to the applicator type will be required (the type of applicator used will be of concern to the environmental fate and behaviour, and efficacy risk assessments).