Part I Wildlife

Miscellaneous

15AF1Possession of pesticides

1

Any person who is in possession of any pesticide containing one or more prescribed active ingredient shall be guilty of an offence.

2

A person shall not be guilty of an offence under subsection (1) if the person shows that the possession of the pesticide was for the purposes of doing anything in accordance with—

a

any regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48), F4...

F5aa

Regulation (EC) 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market, as amended, extended or applied from time to time,

F3b

Regulation (EU) No 528/2012 of the European Parliament and of the CouncilF6of 22 May 2012 concerning the making available on the market and use of biocidal products, as amended, extended or applied from time to time.

F22A

Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by subsection (1) shall be guilty of an offence.

3

In this section—

  • “pesticide” has the meaning given in the Food and Environment Protection Act 1985 (c. 48), and

  • “prescribed active ingredient” means an ingredient of a pesticide which fits it for use as such and which is of a type prescribed by order made by the Scottish Ministers.