Health
Healthand
andSafety
Safety
Executive
Executive
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
– 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
Cases
Origin
Actual
Multiple
Unknown
Multiple Total
Non-UK
1
1
France
1
Holland
20
Northern Ireland
1
Spain
3
Unknown
3
Non-UK Total
UK
Total
28
(blank)
26
UK Total
26
Grand Total
55
– thiamethoxam in
lettuce from
legitimately treated
seed
• France & Spain
– Supposedly UK
grown but actually
not the case
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