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