Plant Protection Products (Basic Conditions) Regulations (Northern Ireland) 1997

Regulation 7(b)

SCHEDULE 2 Conditions relating to Consent to the Sale, Supply and Storage of Prescribed Plant Protection Products

1.  It shall be the duty of all employers to ensure that persons in their employment who may be required during the course of their employment to sell, supply or store prescribed plant protection products are provided with such instruction, training and guidance as is necessary to enable those persons to comply with any requirements provided in and under these Regulations and the Plant Protection Products Regulations.

2.—(1) Any person who sells, supplies or stores a prescribed plant protection product shall—

(a) take all reasonable precautions, particularly with regard to storage and transport, to protect the health of human beings, creatures and plants, safeguard the environment and in particular avoid the pollution of water; and

(b) be competent for the duties which that person is called upon to perform.

(2) In this paragraph “water” means—

(a) any surface water;

(b) any ground water.

3.  A person shall not store for the purpose of sale or supply a prescribed plant protection product approved for agricultural use in a quantity in excess of, at any one time, 200 kg or 200 litres, or a similar mixed quantity, unless that person—

(a) has obtained a certificate of competence recognised by the Department; or

(b) stores that prescribed plant protection product under the direct supervision of a person who holds such a certificate.

4.  A person shall not sell, supply or otherwise market to the end-user a prescribed plant protection product approved for agricultural use unless that person—

(a) has obtained a certificate of competence recognised by the Department; or

(b) sells or supplies that prescribed plant protection product under the direct supervision of a person who holds such a certificate.

5.  In paragraphs 3 and 4—

“approval” means any approval given under the Plant Protection Products Regulations;

“prescribed plant protection product approved for agricultural use” means a prescribed plant protection product (other than a plant protection product with methyl bromide or chloropicrin as one of its active substances) approved for one or more of the following uses—

(a)

agriculture and horticulture (including amenity horticulture);

(b)

forestry;

(c)

in or near any surface water other than for amateur, public hygiene or anti-fouling uses;

(d)

industrial herbicides, including weed-killers for use on land not intended for the production of any crop.