Memorandum by the Department of Agriculture for Northern
IRELAND) 1997 (S.R. 1997/469)
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