Regulatory reminder for plant protection products

Dr David McGilloway from the Department of Agriculture, Food and Marine – Pesticides Control Division reiterates the implications for hardware retailers and builders merchants selling plant protection products.

The introduction in 2012 of the Sustainable Use of Pesticides Directive (SUD) has had significant implications for the retail trade as well as for end users of Plant Protection Products (PPPs). Many hardware businesses and builders merchants trade in PPPs, and while some only carry a limited number of products and stock small quantities, it is nonetheless important that you understand the obligations placed on you by these regulations, particularly with regard to; i) registering your premises, ii) training and registration of pesticide distributors, iii) record keeping and iv), storage and display facilities. This article seeks to clarify these obligations.

In general, PPPs are classified as either for professional or nonprofessional/amateur use. The former may only be applied by a trained individual who is registered as a Professional User (PU) with the Department of Agriculture, Food and the Marine (DAFM). It is illegal for an unregistered person to apply a professional use product. Non-professional/amateur products are those that may be used in a home and garden situation by any person. Product labels indicate whether a product is for professional or amateur use. Where there is doubt, the status of all registered products on the Irish market can be checked at http://www.pcs.agriculture.gov. ie/getprod.asp.

i) Store registration

Since 26 November 2015, any business storing or selling PPPs must be registered with the DAFM. To satisfy this requirement you must apply for registration, and on foot of this application you will be inspected. The inspection will review both the retail space and if relevant, PPP storage facilities. Once the DAFM is satisfied that you comply with these requirements you will be entered on the register of approved outlets.

ii) Training and registration of pesticide distributors

Since 26 November 2015, a trained and registered pesticide distributor (PD) must be available (at all times) to provide information to customers regarding potential risks arising from the handling and use of PPPs, as well as health and environmental risk and safety information. The level of training involved will vary depending on the type of products being sold (professional or amateur). To retail professional use products an individual must complete a formal 2-day training course. Details of training providers can be found at http://www.pcs.agriculture.gov.ie/sud/pesticidedistributors/

To retail amateur use products only, an online course is available, details of which can be found at http://www.iasis.ie/NPPD/NPPDInfo.aspx Having successfully completed the appropriate training course, it is the responsibility of each individual to ensure that they register with the DAFM. Training providers DO NOT COMPLETE THIS REQUIREMENT. Registration can be completed at http://www.pcs.agriculture.gov.ie/sud/sudreg/

iii) Record keeping

It has been a legal requirement since January 2014 that wholesalers and retailers of PPPs maintain records relating to product purchase and sale. These records must be maintained for a period of five years, and be made available on request to an authorised officer of the DAFM. For retailers of professional use PPPs, the records required include;

• The name and address of the individual purchasing the product
• The name of the product
• Pack size
• Quantity supplied
• Transaction date
• Herd number/PU no. of the purchaser (if available)

Records of sale are not required to be maintained by retailers of products approved for amateur use.

iv) Storage and display

A maximum of 500L (or kg) of professional use product can be held for display and sale in the retail space. Volumes of PPPs in excess of this must be stored in a dedicated pesticide store. A pesticide store must be separate from sales or other areas that the general public access, and must also be segregated from areas used for the storage or processing of food or feed. In addition a pesticide store must – among other things – be bunded, well ventilated, well lit and secure. Details regarding the fitting out and management of pesticide display and sales areas, the management and operation of pesticide stores, and the design and construction of pesticide stores are provided at http://www.pcs.agriculture.gov.ie/sud/pesticidedistributors/distributionstoresandsalesdisplayareas/ Compliance with these requirements will be assessed as part of the application to register a premises as a distribution store. .

If you require any additional information or clarification on the issues covered in this article, please go to www.pcs.agriculture.gov.ie or email pcs@agriculture.gov.ie.

This Business Support article featured in the January/February 2018 edition of The Hardware Journal.