Regulation of distribution and farm level uses

1. Regulation of distribution and farm level uses Paul Adamson & Helena Cooke

2. Post approval activity should inform the approval process & vice versa Rules/guidance must be clear and helpful Action must be proportionate and based in law Need for good communication between all agencies concerned Why is there control and monitoring?

3. Cross Compliance Checks Formulation analysis Label checks Wildlife Incident Investigation Scheme (WIIS) Human Health Incident & Enquiry Survey Marketing, Storage and Use Cases What does CRD do?

4. Cross Compliance • Undertaken by Rural Payments Agency (RPA) • On farm inspections of pesticide use, rates & timings, application records and Good Practice including equipment checks • 1% of Single Farm Payment (SFP) claimants checked annually (about 1,200 farms) • Breaches identified in 24 – 30 (2 – 2.5%) of inspections • Breaches usually minor certification and record keeping – penalties 3 – 5% of SFP

5. Cross Compliance • Where MRL breaches are detected in UK grown products as part of residue analysis • CRD undertakes preliminary investigation to • identify grower; and • check no other explanations for residue • Information on grower passed to RPA for future field investigation as part of Cross Compliance.

6. Formulations Analysis • Samples obtained by CRD from Distributors and analysis undertaken by FERA • Rolling Programme looks at: • active substances • specified impurities • co-formulants; and • physchem properties • Follow-up of results outside FAO tolerances by CRD – not routinely published

7. Label Checks • Rolling programme of label checking by specialists in CRD • Products selected on scheduled basis so all labels are checked every 3 to 5 years • Includes all authorised products and parallel permit products • Minor errors marked for correction next time authorisation holder amends application • More serious breaches followed up by Compliance team

8. Human Health Incident and Enquiry Survey (HHEIS) • Conducted annually by CRD • All authorisation and permit holders required to provide information on all incidents and enquiries in relation to their products • Typically: • 250 authorisation/permit holders surveyed • about 180 usually minor incidents/enquiries reported • Results reported with other human health monitoring to Advisory Committee on Pesticides

9. Human Health Incident and Enquiry Survey (HHEIS) • Incidents set into context by comparison with sales figures • Many more amateur products than professional involved in incidents • Incidents affecting children specifically monitored • Incidents are usually minor in nature and usually do not involve a need for GP or Hospital treatment

10. Wildlife Incident Investigation Scheme (WIIS) • Operated in England by Natural England who follow up cases reported with field investigation • Sample analysis undertaken by FERA and post mortems by Veterinary Laboratories Agency • Where evidence from field investigation supports prosecution is taken lead by National Pesticides Enforcement Team (NPET)

11. Wildlife Incident Investigation Scheme (WIIS) • 300 - 400 reports per year to WIIS • 180 of these accepted on to the scheme • 60 cases require field investigation • may lead to 5 or 6 prosecutions per year • Scheme costs about £500 to operate with funds coming from industry and government

12. Who does what? • Food Standards Agency • EC Rapid Alert system • Environment Agency, SEPA, NIEA • incidents of environmental pollution caused by pesticides (e.g. major spills affecting rivers) • CRD/Devolved Administrations • adverse data, labelling, parallel imports, residues, WIIS • BASIS (Registration) Ltd – • check sales stores

13. Marketing and Use Cases • Reactive cases from: • industry complaints, e.g. about the formulation of parallel traded products • residues monitoring where residue indicates illegal use • on-line retailers • 60 – 100 cases per year • Initial investigation by CRD, where prosecution indicated this is via the NPET

14. Marketing and Use Cases • Reactive cases from: • industry complaints, e.g. about the formulation of parallel traded products • residues monitoring where residue indicates illegal use • on-line retailers • 60 – 100 cases per year • Initial investigation by CRD, where prosecution indicated this is via the NPET

15. Enforcement options • Advisory letters • “Naming and shaming” • Enforcement Notices • Seize and dispose • Cross Compliance Penalty • Prosecution

16. HSE on farm inspections, use of pesticides as a work activity Local Authorities Environmental Health Officers - domestic use Trading Standards Officers - sale/supply, storage for sale, residues Rural Payments Agency Cross Compliance inspections under the Single Payment Scheme Who does what?

17. What advice is available? • Code of practice • Department for Environment Food and Rural Affairs • Chemicals Regulation Directorate • Sales personnel • Agronomists, consultants, advisors • Trade and industry organisations

18. Two codes of practice For use For sale and supply Statutory but not mandatory Explains the law and best practice Can be used in evidence in a Court of law Focussed on user Electronic media – easy to search text Codes of Practice

19. Training and certification • What’s it like at the moment? • Sales • Storage for supply or sale • User • NOT advisors • How do we monitor and control it?

20. What is a ‘certificate of competence’? • Mandatory requirement • Endorsed by Government Ministers • Awarded only by: • Use – City & Guilds NPTC • Sales and storage – BASIS (Registration) Ltd • Not advisors