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Chemicals Regulation Directorate

Chemicals Regulation Directorate. Paul Adamson Compliance Enforcement 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

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Chemicals Regulation Directorate

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  1. Chemicals Regulation Directorate Paul Adamson ComplianceEnforcement Team Leader

  2. Overview • HSE & Enforcement • Legislation & Agency Agreement • NPET &FOD • CRD Compliance • Legislation • Residues Cases • RPA & Cross Compliance

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. Problems / Issues • Elapsed Time • Traceability • Non-UK origin • Known analytical / cropping issues • MRL vs illegal Use

  15. Compliance Cases Q2 2011 to date • Holland • thiamethoxam in lettuce from legitimately treated seed • France & Spain • Supposedly UK grown but actually not the case

  16. 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

  17. 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

  18. RPA & Cross Compliance • MRL Breach Cases • Initial Investigation • RPA Role • Cross Compliance – SMR 9 • Plant Protection Products • 1% of Single Farm Payment Claimants

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