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Health and Safety Executive
Health and Safety Executive
Chemicals Regulation Directorate
Paul Adamson
ComplianceEnforcement Team Leader
Overview
• HSE & Enforcement– Legislation & Agency Agreement– NPET &FOD
• CRD Compliance– Legislation– Residues Cases– RPA & Cross Compliance
HSE & Enforcement
• HSE - HASWA & the Enforcement Landscape– Enforcement Policy Statement– Local Authorities & Others– NPET & FOD
• HSE Agency Agreement with DEFRA, Scottish & Welsh Ministers– No enforcement in Scotland
UK Competent Authorities
• The Health and Safety Executive and within HSE the Chemicals Regulation Directorate has Competent Authority responsibility under Regulation (EC) No 1107/2009 for– authorisations & permits;– monitoring (residues, formulations, labelling);
and– Enforcement (England and Wales)
• Local Authorities and other organisations (ORR) also have responsibilities for PPP enforcement
Chemicals Regulation Directorate Compliance Team
• Provides operational support to network of warranted HSE inspectors - National Pesticides Enforcement Team (NPET)
• National & International Co-operation
• Compliance team – Authorised Persons has a– Front line role– Proactive & Reactive– Undertakes site visits and able to issue
notices
UK legislation
• The Plant Protection Products Regulations 2011 SI 2131– Implements enforcement powers
(including prosecution) and penalties for breaches of Regulation (EC) No. 1107/2009
• The Plant Protection Products (Sustainable Use) Regulations 2012– Implements the SUD Directive 2009/128
and provides for enforcement & penalties
UK Legislation - Penalties
• Both PPPR 2011 and PPP(SU)R 2012 create criminal offences and carry the same penalties for breaches:– On summary conviction (lower court) a
maximum of £5,000 per offence– On conviction on indictment (higher court)
an unlimited fine– No custodial sentence available
• Other enforcement options are available
UK Enforcement Powers
• Under UK PPP legislation authorised persons are able to:– Enter premises, Conduct searches– Copy records, including computer records &
take photographs– Issue notices– Seize product or anything treated with product
• No power of arrest, only question suspects with their consent
Enforcement Powers - Seizures
• HSE/CRD is able to seize illegal pesticide and where necessary produce treated with such products
• UK authorities may dispose of seize products and recover costs or require other remedial action
Enforcement Powers and Capabilities
• False Declarations/Obstruction– where evidence of these they provide a
basis for:• Prosecution• Withdrawal of Permit/Authorisation
• Analysis– Dedicated laboratory facilities able to
undertake product and residue analysis
UK Enforcement Activities
• Plant Protection Products– Expired– Counterfeit– Out of specification– Illegal Use– MRL breach– Illegal Storage
• 60 – 120 reports per year– Advice– Notices– Prosecution
Residues Cases
• Compliance receives these from PRiF Secretariat– Usually 12 weeks after sample collection– Sample usually retail
• Compliance initial Consideration– Identify Origin– Consider known Issues– Initial investigation
• Records - Article 67 & Food & Feed Regs
Enforcement Action
• Field Investigation– Either compliance or NPET (Warranted)– Evidence gathering
• Additional sampling / analysis• Statements• Records (delivery / purchase)
• Decision & Prosecution– Evidential test– Public Interest Test
Problems / Issues
• Elapsed Time
• Traceability
• Non-UK origin
• Known analytical / cropping issues
• MRL vs illegal Use
Compliance Cases Q2 2011 to date
• Holland– thiamethoxam in
lettuce from legitimately treated seed
• France & Spain– Supposedly UK
grown but actually not the case
Cases
Origin Actual Total
Multiple Unknown 1
Multiple Total 1
Non-UK France 1
Holland 20
Northern Ireland 1
Spain 3
Unknown 3
Non-UK Total 28
UK (blank) 26
UK Total 26
Grand Total 55
Analytical & Other Issues
• Tail End Product Use– Legal at time of use – illegal at time of analysis
• Breakdown Product– ethirimol – breakdown product from legitimate bupirimate
use
• Environmental Uptake– Some crops are known to accumulate residues from historic
use (dieldrin in courgettes)
• Spray Drift
• Analytical problem– folpet & captan
Prosecutions
• Mr X (2006)– tecnazene on potatoes– notices and seizure – no prosecution
• Mr Y (2010)– tecnazene on potatoes– treated potatoes exported to Russia– guilty plea (£2250 fine)
• Mr Z (2012)– amitraz (Pears)– guilty plea £6500 fine
RPA & Cross Compliance
• MRL Breach Cases– Initial Investigation
• RPA Role– Cross Compliance – SMR 9
• Plant Protection Products• 1% of Single Farm Payment Claimants