Joint Committee on Statutory Instruments Seventeenth Report


APPENDIX II

Memorandum by the Department of Agriculture for Northern Ireland


CONTROL OF PESTICIDES (AMENDMENT) (REGULATIONS) (NORTHERN IRELAND) 1997 (S.R. 1997/469)

PLANT PROTECTION PRODUCTS (BASIC CONDITIONS) REGULATIONS (NORTHERN IRELAND) 1997 (S.R. 1997/470)

  In their letter of 3 December 1997 with regard to the above-mentioned instruments the Joint Committee on Statutory Instruments requested a further Memorandum on the following points:

    "(1)   New Schedule 1 to the principal regulations of 1987 (as substituted by regulation 9 of S.R. 1997/469) provides, in paragraph 1(1), that an advertisement of a pesticide shall relate only to such conditions as are permitted by the approval given in relation to that pesticide. Explain the purpose and effect of this provision, with particular reference to the words in bold. Similar question in relation to paragraph 1(1) of Schedule 1 to S.R. 1997/470.

    (2)   The prohibition against using a pesticide approved for agricultural use imposed by paragraphs 7 and 8 of new Schedule 3 to the principal Regulations of 1987 (as substituted by regulation 9 of S.R. 1997/469) does not apply if a person uses the pesticide in accordance with an approval, if any, for a use specified in paragraph 7(1)(c), including `(xi) "other" (as may be defined by the Department)'. Explain the circumstances in which no approval is required. If there is no approval, explain in relation to paragraph 7(1)(c)(xi) how the definition of the `other' use is communicated to the user. Similar question in relation to paragraphs 7 and 8 of Schedule 3 to S.R. 1997/470."

  With regard to (1) Paragraph 1(1) of new Schedule 1 to S.R. 1987 No. 414 (as substituted by regulation 9 of S.R. 1997 No. 469) is intended to circumscribe the way in which advertisements describe pesticides by reference to the conditions subject to which the approval relating to that pesticide has been given. For example if a pesticide is only approved for controlling rats, an advertisement for that pesticide cannot relate to any other use by, for example, stating that the pesticide is "an effective treatment against moles". Similarly where a pesticide is approved for use only on barley, that pesticide could not be advertised as being "an effective treatment for the protection of wheat". That is why the advertisement can "relate only" to the conditions "permitted" by the approval for the pesticide to which the advertisement relates. The Department would, however, accept that this intention could have been better expressed.

  With regard to (2) Paragraph 7(1) of Schedule 3 to S.R. 1987 No. 414 (as substituted by regulation 9 of S.R. 1997 No. 469) prohibits the use, in the course of a commercial service, of a pesticide approved for agricultural use unless one of three conditions are met. The first two conditions are that the person using the pesticide has obtained a certificate of competence or uses it under the direct and personal supervision of a person who holds such a certificate. The third condition, contained in sub-paragraph 1(c), applies where, in addition to being approved for agricultural use, the pesticide is also approved for one of the uses set out in heads (i) to (xi). In such a case a person may use the pesticide for one of those uses (for example rodent control under head (iv)) in the course of a commercial service. That person would not then require the certification referred to in sub-paragraph (1)(a) or the direct and personal supervision of a person who holds such a certification. However, it may be that the pesticide in question is not approved for any of the uses specified in paragraphs (i) to (xi). In that case then, in order to use the pesticide in the course of a commercial service, a person would have to hold the appropriate certification or use the pesticide under the direct and personal supervision of a person who holds such certification.

  The question of the "other" use in the list of uses in paragraph 7(1)(c)(xi) was raised in the debate on the corresponding Great Britain Regulations (S.I. 1997/188 and S.I. 1997/189) which took place on 23 January 1997. This particular category was described by the then junior Minister responsible for pesticides, Mrs Browning, as "a catch all". In other words its purpose is to ensure that Ministers, or, in the case of Northern Ireland, the Department, if necessary, can categorise any use which is not otherwise defined in the list. This category would be communicated to the user by means of publication of details of the approval (as is usual) in the Pesticides Register. The user, who may not always have access to the relevant issue of the Register, would also be informed via the product label.

  The above explanations also apply in relation to paragraph 1(1) of Schedule 1 to S.R. 1997/470 and paragraphs 7 and 8 of Schedule 3 to S.R. 1997 No. 470.

9th December 1997


 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1998
Prepared 14 January 1998