AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ AP Generic Protocol Guidance Notes 2008 1. General Introduction Following a systematic approach will help members to identify and manage the risks involved in crop production. The generic protocol is based on a typical crop production process. Using a flowchart approach, food safety, Health & Safety, environmental and quality hazards are identified. Appropriate controls may then be established to minimise risk. Food safety and Health & Safety issues always take precedence over quality and environmental controls. The flow chart is structured as shown below. The sectional layout of the generic protocol and the crop specific protocols follow the same structure. SITE SELECTION SITE MANAGEMENT VARIETY SELECTION NUTRITION IRRIGATION PEST CONTROL DISEASE CONTROL WEED CONTROL HARVEST & STORAGE The contents of each crop specific protocol are reviewed annually by informed farmers and growers, food technologists, scientists, the relevant fresh produce association, processors and agronomic consultants. Updated editions are issued prior to the cropping season. The review process considers both new developments and all relevant technology which have emerged throughout the course of the previous year and which have been found to be both workable by the grower and beneficial to the environment. 2. Planning and Records 2.1 Traceability 2.1.1 Audit-Trail All participants of the production process are responsible for the quality of the final produce and, if appropriate, the determination of residue levels. Hence an “audit-trail” should be in place to enable individual produce batches to be traced (so far as it is _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 1 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ practicable) from initial receipt of seed, through propagation, production, harvesting, packing, storage to the finally point of sale to the consumer. Members will find that there are a range of management tools available to help them assess their practices across the holding and to enable them to plan improvements using ICM principles e.g. the LEAF audit. 2.2 Record Keeping 2.2.1 Record Keeping Recommendations Members have a statutory requirement to keep appropriate records of pesticide applications for at least 3 years. The Fresh Produce Consortium’s (FPC) “Code of Practice for Pesticide Control” (see Appendix A) covers the later steps in the food chain. It is suggested that guidelines laid down in the FPC’s code are followed. Every effort has been made to dovetail the respective requirements and avoid duplication. For members’ information, copies of the FPC-approved layouts/forms are reproduced in Appendices B-F. 2.3 Reference Documents 2.3.1 Reference Documents Recommendations Relevant statutes and reference sources for members are listed in Appendix A. 2.5 Internal Audit 2.5.1 Annual Internal Audits Checklists produced by Assured Produce Certification Bodies should be used for this internal audit. On this checklist, members can record their assessment for each question and appropriate corrective actions. 2.7 Contractors 2.7.1 Contractors Obligations To enable members to make their instructions clear, the contractor's APS Commitment Document should be used; in conjunction with the Contractor's APS Commitment matrix. The matrix gives guidance on what level of instruction the contractor is required to receive (see Appendix L). 2.8 Hazard Analysis Critical Control Point 2.8.1 Food Safety The Assured Produce Scheme expects its members to identify and prevent problems occurring with respect to food safety. An approach to this is to identify hazards and their points within the production process, and to implement procedures to prevent or minimise them from occurring. _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 2 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ This approach is known as hazard analysis critical control point (HACCP). HACCP involves the systematic assessment of all steps involved in a food production operation to identify all microbiological, chemical and physical hazards. HACCP identifies critical control points, where, if control is not achieved the safety and quality of the product can be compromised. The HACCP technique is based on 7 principles applied as 12 stages; the planning stages of 1-4 and the application stages of 5-12. Stages 1-4: Decide the areas HACCP is to cover, e.g. seed to farm gate, decide who is to carry out the assessment, look at any parts of crop production which could affect the safety and/or quality of the product and draw a flow diagram of the production cycle. Examples of a safety issue Examples of a quality issue Stage 5: (Principle 1) Identify all potential hazards at each stage of the production process and detail what controls are in place for each hazard. stones control = destoning poor seed germination control = seed germination tests Stage 6: (Principle 2) For each hazard identified, determine whether it is a critical control point in the safety and quality of the product. critical to safety critical to quality Stage 7: (Principle 3) Determine the limits for each control point, i.e. what is acceptable. zero 95% Stage 8: (Principle 4) Determine how each CCP is to be monitored to show each is working inspection of graded product seedling counts in field Stage 9: (Principle 5) Determine what the corrective action will be if the limits for each control point are exceeded, i.e. how crop production process is brought back under control and how non-conforming product is dealt with. line speed reduced staff grading increased product regraded use certified seed Stage 10: (Principle 6) Establish a procedure for verifying that the HACCP plan is working. monitor customer complaints independent germination tests Stage 11: (Principle 7) Decide what records are to be kept to show HACCP has been applied correctly. inspection, corrective action and verification records seed counts, corrective action and verification records Stage 12: Review the plan periodically, particularly where changes to the production cycle occur. review for each season and when new fields harvested review each season There are numerous organisations that can help with the implementation of HACCP. Campden and Chorleywood Food Research Association offer some guidance publications as well as running specific courses for crop production. For more information see appendices A and H. _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 3 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ 3. Site Management 3.3 Temporary Crop Protection Structures 3.3.1 Polytunnels The purpose of the NFU/British Summer Fruits Association Code of Practice for the Use of Polytunnels for the Production of Soft Fruit is to enable growers to demonstrate that they are responding to the concerns of members of the public by abiding by the requirements of the Code. Where possible: Growers should consider using less luminant types of polythene to reduce reflective glare Loose polythene should be secured to prevent noise nuisance, particularly when close to neighbouring dwellings Polytunnels should be rotated around the farm to minimise impact, with a maximum period of three years on one location 4. Site Management 4.1 Soil Mapping (for field crops only) 4.1.1 Soil Types Soil types should be mapped for the farm which identifies soil texture and analysis so that they can then be used to plan rotations, planting and growing programmes. 4.2 Soil Management (for field crops only) 4.2.1 Soil/Substrate Management Policy In field crops the approach to soil management is crucial. Cultivations need to be appropriate for soil type, cropping, topography, erosion risk and climate. 4.2.4 Soil Structure Minimal cultivation techniques give significant advantages over conventional ploughing and associated cultivations. They can improve the physical properties of the soil, reduce the mineralisation and leaching of nitrogen, allow different weed control strategies to be adopted, reduce the risk of soil erosion, reduce energy inputs and increase beneficial soil flora and fauna. _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 4 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ But whilst minimal cultivation is suitable for many soil types, some soils require more intense cultivations to maintain soil structure and to create the tilth required for crops like potatoes. Where problems like blackgrass occur, then some rotational ploughing may be necessary. 4.4 Substrates 4.4.1 Source of Substrates Demonstration will be via substrate technical specifications, analysis results, etc. 4.4.3 Reuse/Sterilising of Substrates In those crop production systems where it is relevant, growth media and substrates should be re-used/sterilised, etc. as appropriate. 5. Variety Selection 5.1 Choice of Variety or Rootstock 5.1.2 Varietal Resistance Members should be aware of the degree of susceptibility of the variety to pests and diseases. 5.3 Seed Treatments 5.3.1 Seed Treatment Seed treatments can be a particularly effective method of achieving pest and disease control, giving a reduction in the active ingredient applied and protection where foliar applications are not efficacious or available. Care should be taken in the field to avoid spills and to ensure seeds are well covered. 5.4 Plants and Nursery Stock Where young plants or nursery stock are imported from overseas, members should be aware of the potential to import notifiable or resistant pests and diseases. 5.4.1b Pesticide Applications Made at Source Plant propagators who are associate members of Assured Produce and have been audited against Section 8 of the generic protocol will hold the appropriate records and members will meet this standard if plant material is sourced from these propagators. 5.4.2b Plant Health Quality Certification Systems should be in place to ensure the plants are traceable back to the original seed/rootstock source. _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 5 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ 5.4.5 Records of Delivery Inspections Where APS members are members of buying groups or young plants are purchased by their marketing organisations, the propagators may be audited by this central resource. Members should be aware of the systems put in place by these organisations to monitor young plant production. Specialist propagators may be members of an industry recognised body and members should be aware of the body and what controls they have in place. Members may visit propagators to ensure specified requirements are met. These visits/audits should be recorded to demonstrate the monitoring of plant production. 6. Nutrition 6.1 Nutrient Requirement 6.1.5 Nutrient Supply and Timing Effective P and K balances can be achieved either by rotational maintenance replacing that removed by the crop, or by crop specific applications based, where applicable, on DEFRA fertiliser recommendations (RB209). Chopping and incorporation of crop residues helps to minimise loss and maintain fertility. Manures and fertilisers should not be applied to water logged, steep or frozen ground where there is a risk of run-off. FYM and slurry should not be applied within 10m of a watercourse or 50m from a well, spring or borehole that supplies water for human consumption or for use in farm dairies. 6.7 Organic Manures & Composts Organic manure or compost can help improve soil fertility by increasing organic matter content, improving nutrient and water retention and reducing erosion. 6.7.3 Sewage Sludge The Safe Sludge Matrix is the result of the agreement between Water UK and the British Retail Consortium – it goes beyond the cropping and grazing restrictions of the DEFRA Code of Practice, and is accepted as best practice in the industry. A summary of the recommendations drawn up by the water industry and Safe Sewage Sludge Matrix are given in Appendix I. 7. Irrigation 7.2 Irrigation Method 7.2.1 Best Utilisation of Water Resources Drip irrigation is preferred, while spray irrigation should only be adopted following planting or transplantation. _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 6 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ 7.3 Quality and Supply 7.3.2b Results Results of analysis should be critically evaluated and adverse results acted upon. 7.4 Water Resources 7.4.1 Abstraction Licences To protect the environment, water should not be abstracted from unsustainable sources. Advice on abstraction should be sought from water authorities or a relevant consultant. 8. Crop Protection 8.1 The Basic Approach to Crop Protection 8.1.1 Non-Chemical Methods The basic elements of crop protection are: Prevention: indirect measures to reduce pest, disease or weed infestation e.g. choice of crop/variety appropriate for the location use of crop rotations use of disease and pest resistant varieties mechanical and physical methods of crop husbandry good fertiliser and irrigation practices. Observation: methods to determine when action is required e.g. routine crop inspection and pest monitoring use of diagnostic and forecasting systems (traps, tests) use of decision support systems (literature, computer-aided) Intervention: direct measures to reduce pests, diseases and weeds to economically acceptable levels e.g. cultural and physical controls providing they do not have an adverse impact i.e. soil erosion, harming non target beneficials biological controls (beneficial insects, mites, nematodes, BT and viruses) chemical controls (insecticides, fungicides, and herbicides) climatic controls (temperature, humidity, light etc.) Integrated pest management systems: utilising all suitable techniques and methods in a compatible manner to maintain the pest populations at levels below those causing economically unacceptable damage or loss. Members are encouraged to adopt IPM systems to control and preserve their productivity and minimise the potential impact of pest control on the environment. Assistance with implementation of such systems can be obtained from grower organisations, research organisations, consultants or chemical distributors. _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 7 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ Pest and Disease Control Control can often be achieved using integrated crop husbandry which involves exploiting differing crops, crop rotation, sowing dates, sowing rates, using resistant varieties when possible and the judicious use of nitrogen. The early identification of disease onset can lead to focused treatment, leading to a reduction in the number of applications and the actual amount of fungicide used - in some instances by as much as 80%. Nevertheless it is accepted that prophylactic treatments are in some cases the only option open to members. In such situations the use should be justified. 'Integrated' systems aim to maximise the impact of husbandry and mechanical methods, thereby reducing the dependence on herbicides. The different crop environments allow different control techniques to be adopted. Cropping sequences that alternate cereals with broad-leaved crops provide the basis for such strategies e.g. grass weeds can be targeted in broad-leaved crops, and broad-leaved weeds in cereal crops. Stale seedbed techniques (stubble cultivations + contact herbicide) can be used to eliminate weeds outside the cropping period. Minimal tillage has a major impact on weed emergence and tends to stimulate a concentrated flush rather than a prolonged germination pattern. Thus weed build up can be prevented, and herbicide resistance avoided. Herbicide dose rates can often be reduced depending on timing, weed size and crop vigour but whilst there is scope for reducing herbicide inputs, care should be taken to avoid a build up of a weed seed bank on arable farmland. _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 8 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 9 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ 8.2 Plant Protection Product Choice The Assured Produce Scheme accepts that final arbitration on specific pesticide safety issues rests with the UK Government. No prescriptive listings are given within the protocols. Nevertheless, it is accepted that some plant protection products are more appropriate to ICM systems than others and, where relevant, these will be identified within this crop specific protocol. Environmental and safety preferences may also be highlighted. An overview of the Regulations underpinning pesticide use in the UK are given in Appendix J. A popular reference source of approved pesticides is the annually published BCPC's "UK Pesticide Guide" (see Appendix A), or the PSD website (www.pesticides.gov.uk) 8.2.5 Approved List of Pesticides Members can get up-to-date approval information from the PSD website; information sources such as Liaison (CSL) or consult their BASIS qualified agronomist. 8.4 Application of Pesticides 8.4.12a Surplus Spray Mix, Tank Washings and Rinsates More information is available from your local E.A. and from the NFU, see Appendix A. Surplus used post harvest solutions pose particular disposal challenges. 8.4.12b Records Suggested options for a Standard Operating Procedure (SOP) are:- 8.5 The use of an Environment Agency (EA) registered disposal site Demonstrating that the sprayed area is less than the cropped area and therefore no surplus spray mixture occurred Overspraying spray mix, tank washings or rinsate on an area of already sprayed or unsprayed crop, taking care not to exceed the label statutory conditions of maximum individual dose, total dose and application interval Records of Application 8.5.5 LERAP Lists of those products whose approval carries a 'buffer' zone restriction when applied close to a watercourse are published regularly by PSD in the Pesticides Monitor, which can be found on the PSD web site and from the NFU's Orderline. Details of LERAPs can be found in the DEFRA LERAPs booklets listed in Appendix A. _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 10 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ 8.7 Pesticide Storage Pesticides need to be stored in accordance with the Code of Practice for Using Plant Protection Products and HSE requirements. 8.8 Empty Pesticide Containers 8.8.2 Storage and Disposal Additional guidance is given the Green Code and in CPA’s ‘Get it Right’ series of leaflets (see Appendix A). 8.9 Pesticide Residues in Fresh Produce 8.9.4 Harvest Interval Such programmes usually involve the use of field markers that clearly mark the areas ready for harvest. Further information is given in the FPC's "Code of Practice for Pesticide Control" (see Appendix A). 8.9.6 Minimising Residues Background A key area in the production of fresh produce which requires continued attention by growers and their advisers is that of keeping pesticide residues to a minimum. This issue is not just one of meeting the MRL trading standard, which following Good Agricultural Practice and ICM guidelines should avoid any exceedence but ensuring any individual or multi-residues are as low as possible below this level. This request for action comes from a number of interest groups ranging from retailers and the Food Standards Agency to non governmental organisations and consumers. Their aim is to insure confidence in the method of production by ensuring minimal or no chemical residue exposure to consumers. Assured Produce continues to support the UK/EU regulatory scheme’s “risk based” approach to pesticide residues. It also acknowledges that residues from UK production are already low and issues exist in only in a few crop sectors. However it does also have to listen to the market and what a range of stakeholders want. Assured Produce therefore works with growers through the crop authors and other expert stakeholders to identify solutions where residue issues still occur. Recommendations, whether generic or crop specific, are included in individual crop protocols. Target Growers are asked to concentrate on 2 areas where maximum benefits can be achieved. Late applications of fungicides and insecticides to the edible part of the crop. Post harvest treatments. _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 11 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ Generic Solutions A range of possible options are available to the grower to minimise residues. However an assessment must be made to ensure that yield, quality, resistance management and GAP are not compromised. These will be refined as ‘guidelines’ for individual crop protocols from the generic options given below Assess other techniques, cultural, mechanical, physical and biological and to use a programme containing all the appropriate options for intervention. Ensure that any spraying operation is carried out accurately. Ensure that the sprayer is regularly calibrated, maintained and is registered with NSTS. Options include the following Reducing application rates nearer harvest. Lengthen Pre Harvest interval (PHI) Reduce the number of applications to the edible crop parts by using diagnostics and prediction forecasting. Using a mixture of products, lowering the application rate of each. Using alternative chemistry in the spray programme. For more specific information and advice see the relevant crop protocol. Further reading – “Minimising Food Residues” available from the Crop Protection Association www.cropprotection.org.uk 10. Pollution Control and Waste Management All possible sources of waste/pollution in all areas of the farm business shall be identified e.g. chemicals, oil, fuel, noise, light, debris, paper, cardboard, plastic, crop debris, oil, rock wool, etc. and recovered and recycled whenever possible. 10.1 Waste and Recycling Management Plan 10.1.1 Documented Plan Organic crop debris may be composted on the farm and reused for soil conditioning where there is no risk of disease carry-over. 11. 11.1 Energy Efficiency Efficiency 11.1.1 Energy Policy Where possible the business must optimise the use of all forms of energy, reduce wastage and re-use waste heat. _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 12 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ The business should first identify all the areas where significant amounts of energy are used, e.g. cooling and heating equipment, motors, pumps, lighting, vehicles and tractors. If the business is a small user of energy then the opportunities to optimise and save energy may be minimal, but the business still needs to take due regard to energy use and be able to justify energy use. For significant energy users it may be advantageous to carry out an energy audit which would examine all operations which use significant amounts of fuel or power. The audit should be carried out by a competent person and consider the re-use of waste heat and power systems, where appropriate. One of the philosophies in the Assured Produce Scheme is that of good agricultural practice; the scheduled maintenance of vehicles and heating and cooling equipment would help to ensure the efficient use of energy and be interpreted as good practice. Where new capital items are purchased, e.g. vehicles, buildings, equipment, consideration should be given to their energy efficiency. 12. 12.1 Health & Safety and Worker Welfare Health and Safety 12.1.1 Risk Assessment and Health and Safety Policy Under the Health and Safety at Work Act, "All employers shall undertake a risk assessment for their business, where there are 5 or more employees this shall be recorded and where an employer has 5 or more employees a Health and Safety Policy shall be written". 12.1.9 First Aid Training and Equipment The Health and Safety (First Aid) regulations require the provision of adequate first aid equipment, adequately trained personnel and information of first aid provision to be given to employees. "The first aid box/container contents shall be based on the findings of the risk assessment. The number of trained first aiders shall again be based on the risk assessment but, as a minimum, an employer shall provide an "appointed person" who will take charge of an emergency situation. It is recommended that this person be able to administer emergency first aid and be responsible for the equipment provided. Self-employed people shall ensure that adequate and suitable provision is made for administering first aid at work." 13. 13.2 Conservation Issues Environmental Enhancement 13.2.1 Environmental Management _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 13 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ Sound environmental management is not only the maintenance and enhancement of wildlife and habitats, but also the management of the soil, air and water. It is the positive management of these factors that leads to a better use of resources with a consequent reduction in waste and lessens the risk of pollution. All reasonable proactive efforts should be made to conserve the environment. All legislation relevant to the conservation of the environment should also be observed, by following the guidance given in DEFRA's "Environmental Matters" series of Codes of Good Agricultural Practice for the protection of water, air and soil (see Appendix A). Members may find it useful to refer to specialist booklets and information sources on specific subjects e.g. ‘Controlling Soil Erosion’ an advisory booklet from DEFRA (see Appendix A). In the light of consumer concern, members should understand and assess the impact that their growing activity has on the environment, and consider how they can enhance the environment for the benefit of the local community and flora and fauna. A key aim should be the enhancement of environmental biodiversity on the farm through positive conservation management. Key elements could be to: Conduct a baseline audit to understand existing animal and plant diversity on the farm. Conservation organisations such as FWAG can help conduct surveys to measure biodiversity and identify areas of concern. Take action to avoid damage and deterioration of habitats. Create an action plan to enhance habitats and increase biodiversity on the farm. Consideration should be given to the conversion of unproductive sites such as low lying wet areas, woodlands, headland strip or areas of impoverished soil, to conservation areas for the encouragement of natural flora and fauna wherever possible. 14 Microbial Food Safety The following comprehensive guidelines are included to provide guidance to members on risk management and good agricultural practice in the area of microbial food safety. Many issues were already covered within the generic standards and others have now been integrated. Microbiological standards are denoted by M against the text. Acknowledgements – We are very grateful to David Kennedy for preparation of drafts of these guidelines. Our thanks also go to Marks and Spencer and the Chilled Foods Association for their permission to use ideas and sections of the "Field to Fork - Food Safety in the Growing of Fresh Produce COP" and "Micro Guidance for Growers" respectively. Full details of the CFA Guidelines can be obtained from the CFA at www.chilledfood.org _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 14 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ Scope - this section covers the field production and harvesting of fresh produce but does NOT cover post harvest packing and transportation. 14.1 Introduction 14.1.1 Background Produce is grown in generally uncontrolled environments and current agronomic practices cannot eliminate all possible microbial food safety risks associated with fresh produce eaten raw. Generally the chances of a problem are low but the potential effects of a major issue are extremely serious both to the consumer and the businesses involved. The fact that businesses have never had a problem historically does not mean that it is immune to issues in the future. (A list of key contacts and useful reference material is laid out in appendix 3). So what can growers do to minimise the risks:• Identify where risks may occur in a business by Risk Assessment. • Develop a Plan to minimize or control identified risks. • Strengthen Good Agricultural Practices within the farm. • Document Activities – If it’s not recorded it did not happen! 14.1.2 Why has Assured Produce decided to focus on this issue? In the past 10 years increasing numbers of food poisoning outbreaks, internationally, have been associated with produce. This is the result of a number of factors:- Better detection methods – historically many of the pathogens were not easily detected. They are now being regarded as a possible source whereas historically they were never considered as a potential source. Low infective doses of pathogens such as E. coli 0157:H7 Better understanding of the routes of contamination and spread. 14.1.3 What crops and what pathogens? Those crops that are eaten raw as they are sold, are the prime risks, this includes soft and top fruit, salad vegetables etc. Also included are those crops that are occasionally eaten raw or are peeled before consumption. Those crops invariably cooked are not a risk – potatoes, parsnips etc. The main pathogens of concern are those of faecal origin such as E. coli O157:H7, Salmonella, Shigella & Campylobacter, micro-organisms found in soils such as _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 15 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ Listeria, and viruses infecting humans, such as Hepatitis. (There are over 2300 types of Salmonella of which about 200-cause food poisoning in humans). 14.2 Risk Management The focus on control must be to reduce risks on appropriate crop types not on risk elimination. Risk Assessment A formal risk assessment must be carried out to identify and then manage any risk within the business Sections 1.3 - 1.7 outline the key risks that MAY occur within a business. Example of basic risk assessment Activity/Issue Low Risk Medium Risk High Potential Risk Actions Required. See following pages for further suggestions. 14.3 Crop Risks Crops can be divided into 3 categories according to safety risk, but the actual classification should be based on how the crop is used. For example, carrots other vegetables that are always sold to be cooked would be assessed as a Category 3 rather than Category 1. Category 1 = High Risk- Crops are those you can eat raw and which do not have a protective skin you remove before eating. They may also have a significant risk or history of pathogen contamination. Salad Leaves (including any vegetable leaf you can eat raw), Salad Onions, Fresh and Frozen Herbs, Baby Corn, Beetroot, Broccoli, Cabbage, Carrot, Capsicum, Cauliflower, Celery, Celeriac, Courgette, Cucumber, Mushroom, Pea, Radish, Raspberry, Strawberry, Sugar Snap Peas, Tomato Category 2 = Medium Risk - Crops are those you can eat raw and which either have a protective skin or grow clear of the ground or have no significant history of pathogen contamination. Apple, Blackcurrant, Blueberry, Broad Bean, Cherry, Garlic, Green Beans (other than runner beans), Onion (red and white), Pear, Peach, Plum, Peanut, Sweet Corn, Tree Nuts Category 3 = Low Risk - Crops are those that the customer always cooks. Artichoke, Asparagus, Aubergine, Brussels Sprout, Runner Bean, Leek, Marrow, Parsnip, Potato, Pumpkin, Rhubarb, Squash, Swede, Sweet Potato, Turnip Note: - These guidelines do not deal with sprouting seed production. Frozen produce will be in the same risk category as its equivalent fresh produce. _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 16 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ 14.4 Field History and Local Activity. The history, (preferably the last 5 years), of the use of the field should be known, including those of adjoining sites. These should be evaluated to identify potential microbial, chemical and physical hazards that could arise from agricultural inputs, for example. This should include consideration of use for: Crop production (type) Animal production/grazing application of animal manures/sewage sludge Hazardous waste site, e.g. industrial wastes, abattoir waste, manure piles History of flooding The access of farm and wild animals to the site and to water sources used in primary production are potential routes of faecal contamination of the soil and water. The risk of these contaminating crops must be evaluated. The potential for contaminating crops from leaking or overflowing manure storage sites, flooding and by slurry spraying must be evaluated. There must also be awareness of the treatments applied to neighbouring fields, as slurry spray can be carried by a moderate wind for up to one kilometre. _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 17 AP Generic Protocol Guidance Notes 2008-2009 ___________________________________________________________________________________ RISK ASESSMENT - MICROBIAL HAZARDS IN FRESH PRODUCE Field Choice 1. Sewage Sludge or Manure Application Soil Cultivation and Fertiliser Application 2. Animal Manures 3. Wildlife Planting or Drilling Crops 4. Water Quality 5. Worker Hygiene + Sanitation Crop Production Pest Control and Irrigation Harvesting Field Packing or Bulk Harvest 7. Water Quality 6. Livestock 8. Cleaning Schedules Packhouse Grading and Packing 9. Chill Chain Cold Storage 10. Pest Control Dispatch and Transport 11. Cleaning _______________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. AP Generic Guidance April 2008 18 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Risk 1. Sewage Sludge or Manure Application 2. Animal Manures 3. Wildlife Controls The use of large volumes of untreated animal manure’s or sewage sludge on land within the last 3 years may represent a serious risk of unacceptable microbial loadings. The use of animal manures as a soil conditioner and nutrient source is a valuable use of resources and should be exploited fully where it is safe to do so. There are a number of risks associated with the use of manures ; Use of untreated manures will introduce huge loadings of faecal pathogens into the soil that may be viable for very extended periods of time (20-24 months +) Incorrectly composted manure introducing faecal pathogens to soil. Storage and application of manure may contaminate nearby crops. Local animal/bird population entering crop areas and contaminating crops. 4. Water Quality 5. Worker Hygiene + Sanitation 6. Livestock 7. Water Quality Contamination of produce and equipment from poor hygiene disciplines and controls All staff must be trained to ensure that they are fully aware of hygiene rules The use of livestock to graze off crop debris can contaminate land where following crop is in Category 1 Poor quality water can contaminate produce where it is used as final rinse in the packhouse. UNACCEPTABLE PRACTICE All water used in contact with produce or equipment in the packhouse must be potable quality. Any water storage must be covered and checked regularly Detailed cleaning procedure in place for all equipment and facilities. Staff trained to carry out cleaning operations Records kept of all cleaning activities. Fully apply best practice chill chain disciplines Compliance monitored by data loggers 8. Cleaning Schedules Cleaning schedules not in place or applied incorrectly will result in a build up of microbial loading that will result in contamination of produce. 9. Chill Chain Poorly applied cooling procedures, where product is not cooled quickly enough, or temperatures fluctuate unacceptably during storage or transport, may result in pathogen level build up. Presence of pests (Rats, Mice, Birds) in the Packhouse, Packaging Store will result in unacceptable risk of contamination. Cleaning schedules not in place or applied incorrectly will result in a build up of microbial loading that will result in contamination of produce. 11. Cleaning Where possible discourage wildlife activity in cropping areas by good hygiene (don’t leave debris etc for wildlife to feed on). Shooting is not acceptable. Maintain tidy environment – Use protective fencing etc. to try and minimise activity such as rabbits within crop. All water sources must be risk assessed and appropriate testing and controls introduced. See water policy attached Irrigation water for irrigation and spray applications may be microbiologically hazardous due to contamination of source. 10. Pest Control Comprehensive knowledge of the field history and any potentially risky applications. Backed up by soil testing prior to crop production Development of full HACCP of all risks Use of correctly composted manures Where bought-in manure is used, ensure that it is adequately treated and there is an analysis of the composted material to show it is microbiologically safe. Do not grow susceptible crops near areas where manure is composted , take care where manure is applied in nearby fields Employ professional pest control company to control rodents and birds Full application of cleaning schedules _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 19 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ 14.5 Microbial – Routes of contamination WATER 14.5.1 Water Uses – for irrigation, spraying, cooling (including ice) and cleaning Water is used in numerous field and glasshouse operations including: Irrigation (in glasshouse and field) Mixing and application of fertilisers Crop protection sprays - Where possible water used for spraying should be of potable quality or at least free from faecal coliforms. Cooling systems - Water for cooling and ice making must be potable quality. Cleaning food contact surfaces - must be potable quality. Water is a potential source of food borne pathogens; therefore practices or processes involving water should be evaluated in terms of potential sources and routes of contamination, e.g. animal and human waste. Measures should be put in place to limit the possibility for waterborne contamination and to ensure that water quality is appropriate for its intended use. 14.5.2 Water - Source and Storage In general, the risk of contamination is greatest for surface water supplies, less for ground water supplies, and significantly less for mains water supplies. All water sources and extraction points must be known and mapped (including internal pipe work). The microbial and chemical quality of the water should be assessed together with it’s suitability for the intended use and measures to prevent or minimise contamination implemented (e.g. from livestock, other animals, run-off from heavy rainfall and excess irrigation). Water from sewage effluent (animal of human) must never be used in any aspect of crop production. See 7.3.3 Examples of Relative Risks of Various Water Sources Water Source Surface - Rivers, lakes, ponds, reservoirs, uncovered storage tanks etc where the water source is open to the environment. Ground - Water that has percolated through the soil from the surface Municipal (Potable) - Water that is of drinking water standard as defined in the legislation European Communities (Quality of Water Intended for Human Consumption) Regulations 1998. Relative Risk Highest Lowest Water - Application Timing and method The time gap between irrigation and crop harvesting should be maximised. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 20 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ The potential for contaminated water to come into contact with the edible portion of the product should be minimised by good practice, such as drip, furrow or underground irrigation where this is agronomically and economically practical Crops with a relatively large surface area that have leaves which have trap water, can accentuate water quality effects. Water quality may need to be greater for overhead spray irrigation than for drip irrigation for high risk crops or an increase time between application and harvest applied. Examples of Relative Risks – Irrigation Method Irrigation Method Overhead spray Drip Furrow Underground Relative Risk Highest Lowest 14.5.4 Water - Quality (It should be noted that testing only reflects water quality at the time of sampling. Water sampling procedures are laid out below) Growers should arrange for periodic testing of water for microbial contamination, the frequency based on risk assessment. Testing for total E. coli is recommended. Additional micro organisms, such as pathogens of major concern (Salmonella, faecal streptococci, some protozoa etc.), may be tested for if there is a potential or suspected hazard. Suggested minimum testing frequencies are:- Annually with mains water, Quarterly with groundwater. Test surface water for quality assurance (3 times during season a)at planting (high flow) b) at peak use (low flow) c) at harvest Interpretation of results Most water analysis results are expressed as cfu/100ml (colony forming units per100ml). Currently there are no agreed standards for irrigation water quality but sources for ice making, pesticide application, cooling should be potable or at least free of faecal coliforms. With irrigation sources, acceptable levels should be agreed with customers, but as a guide, borehole water should be free of faecal coliforms, river water can often be 50-150 cfu/100ml, the acceptability of these levels must be based on crop, application method, application timing, post harvest treatments and customer requirements. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 21 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ 14.5.5 Water -Hygiene of irrigation equipment. Equipment used for the application and storage of water must be regularly inspected for cleanliness and cleaned as necessary. Microbiological Water Sampling Sample Bottles Only use sterile sample bottles supplied by the laboratory carrying out the water analysis. The minimum sample required is 500ml. If the sample water is chlorinated, the laboratory should add sufficient sodium thiosulphate to the sample bottle to neutralise any residual chlorine. This allows a more accurate count of the number of bacteria in the water at the time of sampling. Taking the Sample The sampling point should be visibly clean. Clean off any soiling from the sampling point, but do not disinfect it before taking the sample. This ensures that the results reflect the condition of the water as you are using it. Allow water to run through the sampling point at a uniform rate for a few seconds before taking the sample. Hold the sample bottle in one hand and remove the stopper or cap with the other. Take care not to touch the top of the bottle or any part of the stopper or cap which comes into contact with the sample water. Do not put the cap or stopper down on the ground or any other surface. Collect the water sample in the bottle, avoiding splashing, and leave a small air gap at the top. Replace the cap or stopper, again taking care not to touch the top of the bottle or parts of the cap or stopper which comes into contact with the water sample. If you accidentally contaminate the bottle, use a new sterile one to collect a fresh sample. Transport and Storage of Samples You should deliver samples to the laboratory and have them analysed as quickly as possible (within 6 hours should be the target). This requires proper planning to ensure you take samples when you can transport them quickly, and the laboratory is open and ready to analyse them. Keep the samples cool (2 - 10°C) in transit. You may need to use cool boxes, ice packs or refrigerated vehicles. Keep any containers you use to transport samples clean, to avoid contamination of the sample bottles. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 22 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ In exceptional circumstances, you may keep samples in a cool (2 - 10°C) dark place for a maximum of 48 hours before they are analysed. Laboratory methods can be found at http://www.environmentagency.gov.uk/commercial/1075004/399393/401849 “Microbiology of Drinking Water (2002) Methods for the Examination of Waters and Associated Materials – A Report by the Environment Agency” 14.6 Microbial – Routes of contamination - Animal Manures & Sewage Sludge Farmyard manure (FYM) is a valuable source of plant nutrients and organic matter, which can assist in maintaining soil fertility. However, FYM in its raw state also contains a high proportion of faecal material which may contain food borne pathogens. The numbers and type of pathogens present can depend upon the source of the manure, health of the livestock and management practices between production and land spreading. Examples of Relative Risks of Various Manure Sources Manure Source Cattle Pig Sheep Chicken Relative Risk Highest Lowest Manure handling and composting. FYM should be actively composted for at least three months prior to use of the material on land for high risk crops. Growers purchasing manure should take account of the source and the treatment that it may have undergone before use. Potential Treatments of Farmyard Manure/Slurry Treatment Active (slurries) Lime treatment Batch (solid and slurries) Composting (solid) Process pH>12 for at least 12 hours At least 6 months storage or ‘active’ treatment Turned at least twice, >55°C throughout for at least 3 days and stored for at least 3 months Since the treatment of manure is not an exact science and there is a chance that some pathogens may survive, the interval between manure application and produce harvest should be maximised to minimise risks of contaminating produce. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 23 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Slurry should not be sprayed within 1 km upwind of or on fields adjacent to crops, since micro-organisms can be carried in aerosols. Raw FYM cannot be used on a crop rotation a minimum of 12 months before drilling/planting a high or medium risk crop No untreated manure must be used on high risk crops (Category 1) for a minimum of 18 months before drilling or planting Where possible, domestic animals and wildlife should be excluded from cropping areas. Notes Requirements relating to raw FYM intervals will be reviewed once FSAfunded research currently in progress is completed and guidelines published. The above guidance is in line with the Chilled Foods Association Guideline, please note specific customers may have different requirements. 14.6.3 Sewage Sludge The use of untreated (raw) sludge use on agricultural land is not permitted. Although the use of treated sewage sludge is acceptable in the ADAS Safe Sludge Matrix, the use of sewage sludge (treated or not) on Category 1 crops is not good practice. Sewage Sludge – see Generic Standards section 6.7.3 and 6.7.4. Please note specific retailers have individual restrictions in this area, with exclusion periods of up to 5 years on horticultural crops following the application of sewage sludge. The latest version of the Safe Sludge Matrix can be found at Appendix I or www.adas.co.uk/matrix. 14.7 Staff Hygiene and Facilities. 14.7.1 Staff Basic Hygiene. The following facilities and training must be provided for harvest staff that handle crops that could be eaten raw. Toilets must be available for all staff, ideally within (5 mins or 0.25 mile) of the site of production for harvest staff handling produce that will not be cooked. These must be used at all times; workers must never defecate or urinate in or around cropping areas. Toilets must be clean and have hand washing facilities present (scentless liquid soap, water, disposable towels and sanitiser). _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 24 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ All food handling staff, management and visitors must be trained in basic food hygiene standards and record held. This must include all seasonal, casual, permanent and management. Staff and visitors must use facilities, and must not eat or drink within cropping areas. A formal return to work procedure after ill health should be developed. 14.7.2 Equipment and Facilities All machinery, equipment (such as knives, scissors) and harvest crates must be kept clean and routinely sanitised where they are used on crops eaten raw. 14.7.3 Post Harvest Handling All harvesting equipment must be cleaned (removal of all visible debris and dirt by use of a detergent etc) and sanitised (use of a terminal non scented food grade sanitiser) on a planned basis, based on risk assessment. Bins and other equipment should not be stored in any area where they can be contaminated by wildlife etc. All Category 1 products must be cooled rapidly to minimise the risk of microbial growth All facilities must have an adequate programme for pest control. Conclusion All the areas outlined above could be a potential source of microbial contamination or build up (in the case of poor chill chain management). Where these are a real risk to the crops being grown by an individual grower will depend on the crop grown, how the crop is consumed and the environment and production methods being used. These can only be established by a risk assessment being carried out on each crop/production site. Useful Information Sources ‘A Study on Farm Manure Applications to Agricultural Land and an Assessment of the Risks of Pathogen Transfer into the Food Chain’ A report to: The Ministry of Agriculture Fisheries and Food, ADAS, January 2000 Project Number: FS2526 ‘Briefing Paper: Manure Management in Organic Farming. Campaigning for organic food and farming and sustainable forestry’ Soil Association, 2000 _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 25 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Code of Practice for Agricultural Use of Sewage Sludge DEFRA publications sales unit, Tel: + 44 (0) 8459 556000 Codes of Good Agricultural Practice for the Protection of Water, Air and Soil DEFRA publications Tel: + 44 (0) 8459 556000 ‘Common Zoonoses in Agriculture’ Agriculture Information Sheet No. 2 (rev), HSE, P O Box 1999, Sudbury, CO10 6FS. ‘Design and Construction Guidelines for Farm Waste Storage’ Scottish Agricultural College, Auchinruive, Ayr, Scotland, KA6 5HW. ISBN 1 85482 481 3 ‘Guidelines for the Safe Use of Wastewater and Excreta in Agriculture and Aquaculture. Measures for Public Health Protection’ Mara & Cairncross, World Health Organisation, 1989, ISBN 92 4 154248 9 Prevention of Environmental Pollution from Agricultural Activity Scottish Office, Environment & Fisheries Dept, 1997. Tel: 0131 244 0312 Regulation (EC) 178/2002 Laying Down the General Principles and Requirements of Food Law, Establishing the European Food Safety Authority and Laying Down Procedures in Matters of Food Safety, (2002). Official Journal of the European Communities, L 31, pp1-24, 1 February 2002. ‘The Safe Sludge Matrix - Guidelines for the Application of Sewage Sludge to Agricultural Land‘ www.adas.co.uk/matrix, ADAS, 2001. ‘Food Hygiene - An Industry Guide’Fresh Produce Consortium ‘Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables’ U.S. Department of Health and Human Services/Food and Drug Administration/Center for Food Safety and Applied Nutrition (CFSAN), 1999 ‘Hygiene in Fresh Produce Handling ‘CCFRA Seminar Proceedings (1998) ‘The control of microbial hazards: A produce industry guide’ Fresh Produce Consortium, 1998 Catalogue of Rapid Microbiological Methods CCFRA Review No. 1 - 4th Edition (2000) ‘Development and Use of Microbiological Criteria for Foods’ Institute of Food Science & Technology, 2nd Edition, 1999. www.ifst.org.uk ‘Guidelines for the microbiological quality of some ready-to-eat foods sampled at the point of sale’ PHLS, Communicable Disease and Public Health, Vol 3, No. 3, pp 163-7, September 2000. www.phls.org.uk ‘Microbiological quality of retail imported unprepared whole lettuces: A PHLS Food Working Group study’ J Fd Prot, Vol 62, No. 4, 1999, pp 325-8. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 26 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ ‘Survey of microbial and chemical quality of fresh lettuce and spinach’ Scottish Food Coordinating Committee, June 1998 ‘An Introduction to the Practice of Microbiological Risk Assessment for Food Industry Applications’ CCFRA Guideline No. 28 (2000) ‘The Control of Microbial Hazards - A produce industry guide’ Fresh Produce Consortium, 1998. ‘Fresh, Nutritious and Safe - A guide to the production of safe food’Fresh Produce Consortium Food Safety Guidelines for the Fresh-cut Produce Industry Third Edition, International Fresh Cut Produce Association ‘Canadian Food Inspection Agency - Food of Plant Origin Division - Fresh Fruits and Vegetables - Code of Practice for Minimally Processed Ready-to-Eat Vegetables’ www.cfia-acia.agr.ca/english/plaveg/fresh/read-eat_e.shtml Canadian Food Inspection Agency, Food of Plant Origin Division ‘Surface decontamination of fruits and vegetables eaten raw: a Review’ Dr Larry R. Beuchat, WHO/FSF/FOS/98.2, World Health Organization Food Safety Unit, Geneva, 1998 ‘Microbiological safety evaluations and recommendations on fresh produce’ C. De Roever, National Advisory Committee on Microbiological Criteria for Foods Food Control, 1999, 10, pp117 - 143 ‘Guidelines for drinking water quality – microbiological aspects’ WHO, 2000, www.who.int/water_sanitation_health/Documents/GDWQtraining/S03.pdf Useful Contacts It is recommended that each company maintains an up to date crisis contact list to include the following key organisations:ADAS Gleadthorpe Research Centre Meden Vale Mansfield NG20 9PF www.adas.co.uk Tel: +44 (0) 1623 844331 Fax: +44 (0) 1623 847424 ADAS Microbiology Laboratory Woodthorne Wergs Road Wolverhampton WV6 8TQ www.adas.co.uk Tel: +44 (0) 1902 693277 Fax: +44 (0) 1902 693310 Campden & Chorleywood Food RA (CCFRA) Chipping Campden GL55 6LD www.campden.co.uk Chilled Food Association (CFA) P O Box 14811 London NW10 9ZR www.chilledfood.org _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 27 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ T: +44 (0) 1386 842000 F: +44 (0) 1486 842100 T: +44 (0) 20 8451 0503 F: +44 (0) 20 8459 8061 Fresh Produce Consortium (FPC) Minerva Business Park Lynch Wood Peterborough PE2 6FT www.freshproduce.org.uk T: +44 (0) 1733 239117 F: +44 (0) 1733 237118 National Farmers Union (NFU) Agriculture House Stoneleigh Park, Stoneleigh Warwickshire CV8 2TZ www.nfu.org.uk T: +44 (0) 24 7685 8500 F: +44 (0) 24 7685 8501 Appendix A Relevant Statutes and Additional Reference Sources This appendix lists the statutes that relate to the areas covered under the 'Assured Produce' scheme. Members need to be aware of their obligations under these regulations, therefore, it is recommended that they hold (or have access to) current copies of any relevant Codes of Practice. It should be noted that it is a requirement of the Assured Produce Scheme that members hold the following publications: i) The "Environmental Matters" series of Codes of Good Agricultural Practice for the protection of water (PB 0587, 1998), air (PB 0618, 1998) and soil (PB 0617, 1998), available free from DEFRA. ii) The Code of Practice for Using Plant Protection Products PB11090 available from DEFRA (ISBN 0855211709) or download in pdf format from www.pesticides.gov.uk iii) 'The LEAF Handbook for Integrated Farm Management'. A practical guide for the adoption of Integrated Farm Management. Other sources of information which members may find useful are also given, together with guidance on where they may be obtained. Acts: iv) The Food and Environment Protection Act (1985), Part III Pesticides (ISBN 0-10544885-0). v) Food Safety Act 1990, Sections 7, 8 and 14. vi) The Water Resources Act (1991). vii) The Clean Air Acts (1956, 1968 and 1993). viii) The Environmental Protection Act (1990). ix) The Wildlife and Countryside Act (1981). x) The Health and Safety at Work Act (1974). Regulations: i) Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations, 1994 (SI No.1985), and subsequent amendments. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 28 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ ii) The Control of Pesticide Regulations (COPR), 1986 (SI No.1510) and the Control of Pesticide (Amendment) Regulations (COP[A]R), 1997 (SI No. 188). iii) Control of Substances Hazardous to Health, 1994 (COSHH) (SI No. 3246) iv) The Plant Protection Products Regulations 1995 (PPPR) (SI No. 887); v) The Plant Protection Products (Amendments) Regulations 1996 (PPP[A]R) (SI No. 1940); vi) The Plant Protection Products Regulations (Amendments) 1997 (PPP[A]R) (SI No. 7) and the Plant Protection Products (Basic Conditions) Regulations 1997 (SI No. 189). vii) Sludge (Use in Agriculture) Regulations 1989 (SI No.1263). viii) Groundwater Regulations 1998 (SI No 2746). ix) The Nitrate Vulnerable Zone (Additional Designation)(England)(No 2) Regulations 2002 (SI No 2614 EC Directives: i) EC Prohibition Directive 78/117/EC and subsequent amendments. ii) EC Authorisation Directive 91/414/EC and subsequent amendments. iii) EC Directive 86/278/EC - on the protection of the Environment, in particular of the soil when sewage sludge is used in agriculture. Statutory Codes of Practice: i) The "Environmental Matters" series of Codes of Good Agricultural Practice for the protection of water (PB 0587,1998), air (PB 0618,1998) and soil (PB 0617,1998), available free from DEFRA. ii) The Code of Practice for Using Plant Protection Products PB11090 available from DEFRA (ISBN 0855211709) or download in pdf format from www.pesticides.gov.uk iii) The Approved Code of Practice for the Control of Substances Hazardous to Health in Fumigation Operations 1996 HSE Publications (ISBN 0717611957) www.hsebooks.com iv) The General Approved Code of Practice for Control of Substances Hazardous to Health and Approved Code of Practice for Control of Carcinogenic Substances (includes regulations in full, HSE 1999, ISBN 0717616703 v) Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity, (SOAEFD) - available from The Scottish Office, Tel. 0131 244 6360. vi) Management of Agricultural and Horticultural Waste (PB 3580, DEFRA). vii) Code of Practice for the Agricultural Use of Sewage Sludge (DoE, 1996 ISDN 1-85112005-X www.defra.gov.uk/environment or www.tsoshop.co.uk/bookstore ISBN 0117522562) , Non-Statutory Codes of Practice and Guidelines: i) Code of Practice for Pesticide Control, 4th edition January 2004 (FPC). ii) Pesticide Residues in Food. Codex Alimentarius Commission Vol.II; and Supplement 1 to Vol. ll. 2nd Edition 1993 (adopted limits only) and amendments. iii) Storage of Approved Pesticides: Guidance for farmers and other professional users, 1996 (HSE AIS 16). iv) Agricultural Pesticides, 1995 (HSE AIS 27). v) Code of Practice for the Control of Microbial Hazards, 1st edition 1998 (FPC). vi) Guidelines for Farmers in NVZs. (revised edition) DEFRA 2002. PB5505 _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 29 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ vii) viii) Manure planning in NVZs, (revised edition) DEFRA 2002 PB5504 Farm Waste Grant Scheme (revised edition) DEFRA 2002 PB2529 Other Useful Reference Sources: i) 'The UK Pesticide Guide 2006 (BCPC, ISBN 0-85199-6213).www.ukpesticideguide.co.uk ii) 'Pesticides 2001' (PSD/HSE). (No longer published, but information available on PSD and HSE websites) iii) 'Using Pesticides-Your quick guide to safe spraying' 2006 (formerly Using Pesticides A Complete Guide to Safe and Effective Spraying) (BCPC, ISBN 1 901396-10-X). iv) Field Scale Spraying 2006 (formerly Boom & Fruit Sprayers Handbook)(BCPC, October 2006 ISBN 1 90139 6 08 6). v) Small Scale Spraying (formerly Hand Held Amenity Sprayers Handbook)(BCPC, ISBN 1-901396-07 X). vi) 'Is your sprayer fit for work?' (PB 3160, available free from DEFRA). vii) 'Keeping Pesticides out of water' (PB 2088, available free from DEFRA). viii) 'Pesticides and Integrated Farm Management - a guide to responsible use' (PB 9241 (replaces PB 2489), available free from DEFRA). ix) 'The LEAF Handbook for Integrated Farm Management'. A practical guide for the adoption of Integrated Farm Management. Please send a cheque for £5, payable to LEAF (p&p incl) with your address to: Linking Environment and Farming, The National Agricultural Centre, Stoneleigh, Warwickshire CV8 2LZ Telephone: 02476 413911. x) 'Trees, water and field boundaries' - (a series of countryside management booklets available from DARD in Northern Ireland). xi) ‘Integrated Farming’ (PB 3618, available free from DEFRA). xii) NIAB has produced considerable data relating to the varietal performance and disease resistance. Similarly, HRI and HDC have released numerous reports publications on research results into many husbandry techniques. xiii) The Approved Code of Practice for the Safe use of Pesticides for Non-Agricultural Purposes 2006 Defra PB11090 (ISBN 0855211709) xiv) CPA have a range of literature on ICM, COSHH and other crop protection issues, including Integrated Crop Management (BAA, ISBN 0-95598-05-9), Arable Wildlife Protecting Non-target Species (ISBN 0-905598-06-7), B6 Pesticides in Food Safety. xv) NPTC Schedule of Standards, Certificate of Competence in the use of Pesticides. xvi) ‘Controlling Soil Erosion’ (PB3280, available free from DEFRA). xvii) Local Environmental Risk Assessment for Pesticides - A practical guide. (DEFRA PB 4168). xviii) Local Environment Risk Assessment for Pesticides - Horizontal Boom Sprayers - New Guidance (DEFRA PB5621) xix) Local Environment Risk Assessment for Pesticides (LERAP) Broadcast Air Assisted Sprayers - a step by step guide to reducing aquatic buffer zones 2002 (DEFRA PB 6533). xx )Introduction of the Ground Water Regulations - Environment Agency Leaflet. xxi) PA1 Pesticide Application Foundation Module CD-Rom. Open Country and BCPC (ISBN 1-901396-04-5) or download from www.nptc.org.uk xxii) Fertiliser Recommendations for Agricultural and Horticultural Crops (RB209) (DEFRA). xxiii) Arable cropping and the environment - a guide (2002) (HGCA/DEFRA). _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 30 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ xxiv) Safety Equipment Handbook – A Practical Guide to Safety Requirements 2002 ISBN 1 901396 06 1 HACCP i) 'Pesticide controls in the food chain’ CCFRA Guideline No 19, 1998 (ISBN 0905942-12-4) ii) ‘Assured Crop Production’ CCFRA Guideline No 10, 1996 (no ISBN) iii) ‘Assured Crop Production- Case Study 1 - Lettuce’ CCFRA 1999 (ISBN 0-90594218-3) iv) ‘Assured Crop Production- Case Study 2 - Apples’ CCFRA 1999 (ISBN 0-90594219-1) v) ‘Assured Crop Production- Case Study 3 - Wheat’ CCFRA 1999 (ISBN 0-90594220-5) vi) ‘HACCP: A Practical Guide (2nd edition)’ CCFRA Technical Manual No.38 (ISBN 0905942-05-1) vii) ‘HACCP Documentation Software, Version 3.0, CCFRA 1999 (ISBN 0-905942-256) viii) ‘HACCP User Guide’ European FLAIR Concerted Action Project No 7 (available free from the EC, DG II or National Network Leader). NFU Order-line Reference Sources: Environment 088 Waste Materials - Legal Considerations for Spreading or Using on Farmland Food 700 701 The Food Safety (General Food Hygiene) Regulations 1995 An introduction to hazard analysis Health and Safety 098 Health and Safety (Consultation with Employees) Regulations 1995 062 Health and safety model risk assessment for agriculture 063 Health and safety model risk assessment for horticulture 094 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 095 Health & Safety Principles for Farmers and Growers Pesticide 006 Guidelines for handling pesticide field performance problems 613 Spray liaison arrangements to protect bees 615 Pesticides and no-spray zone restrictions 617 Checklist of pesticide products which become illegal in 1998 618 Importation of pesticides for own use 620 List of products approved for use in or near water 621 Disposal of obsolete pesticides 622 Model pesticide emergency action plan 623 Checklist of pesticide products which become illegal in 1999 625 Local environment risk assessment for pesticides (LERAP) 627 Checklist of pesticide products which become illegal in 2000 _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 31 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Availability: BCPC publications are available from: BCPC Publications Sales, 7, Omni Business Centre, Omega Park, Alton, Hants GU34 2QD Tel: 01420 593 200 Fax: 01420 593 209 Email: publications@bcpc.org www.bcpc.org/bookshop CCFRA publications are available from: Publications Officer, CCFRA Technology Ltd., Chipping Campden Glos. GL55 6LD Tel: 01386 842000 Fax: 01386 842100 www.campden.co.uk Email: info@campden.co.uk CPA publications are available from: CPA, Units 18& 20, , Evans Business Centre, Cully Court, Bakewell Rd, Peterborough, PE2 6XS Tel: 01733 367212 Fax: 01733 562523 Email: info@cropprotection.org. www.cropprotection.org.uk. DARD publications are available from: Dept. of Agriculture and Rural Development, Exhibitions & Publications Div., Dundonald House, Upper Newtownards Road, Belfast, BT4 3SB Tel: (028) 9052 4999 Email: dardni.com DEFRA publications and copies of the Acts and Regulations are available from: accredited Stationery Office outlets (eg. Dillons Bookshops), or by mail, fax and telephone from: Defra Publications, Admail 6000, London SW1A 2XX www.defra.gov.uk Tel: 08459 556000 Email: defra@cambertown.com or TSO Publications Centre, PO Box 276, London SW8 5DT Tel: 0870 6005522 Fax: 0870 6005533 Email:book.enquiries@theso.co.uk www.tso.co.uk/bookshop FPC publications are available from: The Fresh Produce Consortium, Minerva House, Minerva Business Park, Lynch Wood, Peterborough, Cambridgeshire PE2 6FT www.freshproduce.org.uk Tel: 01733 237117 Fax: 01733 237118 Email: info@freshproduce.org.uk FWAG publications are available from: FWAG (Farming and Wildlife Advisory Group) National Agricultural Centre, Stoneleigh, Kenilworth, Warwickshire, CV8 2RX www.fwag.org.uk Tel: 02476 696699 Fax: 02476 696760 Email: info@fwag.org.uk HDC publications are available from: HDC, Bradbourne House, Tithe Barn, East Malling, Kent, ME19 6DZ www.hdc.org.uk Tel: 01732 848383 Fax: 01732 848498 Email: hdc@hdc.org.uk HRI publications are available from: _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 32 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Publications Dept., HRI, Wellesbourne, Warwickshire, CV35 9EF www.hri.ac.uk Tel: 024 7657 4455 Fax: 024 7657 4500 Email: enquiry.hri@hri.ac.uk HSE publications are available by mail order from: HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 2WA www.hsebooks.co.uk Tel: 01787 881165 Fax: 01787 313995 Email: hsebooks@prolog.uk.com LEAF publications are available from: LEAF, National Agricultural Centre, Stoneleigh, Warwickshire, CV8 2LZ www.leafuk.org Tel: 024 76413911 Fax: 024 76413636 Email: enquiries@leafuk.org NIAB publications are available from: The Librarian, NIAB, Huntingdon Road, Cambridge, CB3 0LE www.niab.com Tel: 01223 342200 Fax: 01223 277602 Email: info@NIAB.com NFU publications are available to NFU members from: The Orderline service on 0906 8338700 or online. www.nfuonline.com SOAEFD publications are available from: Accredited Stationery Office outlets or by mail, fax and telephone from The Stationery Office Publications Centre in Edinburgh www.tso.co.uk Tel: 0870 606 5566Fax: 0870 606 5588Email: Edinburgh.bookshop@tso.co.uk Other Website Addresses: www.assuredproduce.co.uk Assured Produce Scheme www.cmi-plc.com Checkmate International www.defra.gov.uk Environment, Food and Department of Rural Affairs (DEFRA) www.fabbl.co.uk SAI Global www.europa.eu.int European Union (E.U.) www.eurep.org EUREP www.hse.gov.uk/hthdir/noframes/bpav.htm Executive (HSE) Health www.WhatRisk.com Certification Ltd National www.pesticides.gov.uk (PSD) Pesticide Safety Directive www.voluntaryinitiative.org.uk Voluntary Initiative Voluntary Initiative (VI) and Safety Britannia _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 33 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Appendix B Produce The FPC's Pesticide "Undertaking" for Suppliers of UK-Grown PESTICIDE UNDERTAKING (Suppliers of UK-Grown Produce) To:_______________ Pesticide Undertaking With reference to our obligations as ____________________________, we confirm that: a supplier to 1 We are aware of the relevant legislation, cited below*, in respect of pesticide controls, permitted maximum residue levels and food safety. We will abide by these and any amendments to UK legislation and any EC Regulations. 2 We understand that you will make available details of the legislation, indicated below, upon our request. We confirm receipt of the EC Prohibition Directive list of specifically withdrawn pesticides. We declare that we have adopted the FPC Code of Practice for Pesticide Control (Fifth edition 2006) for use with UK produced crops. 3 We will ensure that all produce supplied to you will have been grown in accordance with Good Agricultural Practice as detailed for UK grown crops in the relevant protocol of the UK Assured Produce Scheme. 4 We will ensure that all produce supplied to you from UK growers will have been grown with due regard for the environment as outlined in the Code of practice for the Safe Use of Pesticides on Farms and Holdings (MAFF 1998 Ref. PB3528) or its revision by DEFRA due in 2006. 5 We are confident in our technical knowledge on pesticide use and application and/or, where necessary, use the services of a BASIS qualified professional adviser. Pesticides will only be applied by operators who are trained to the necessary standard. 6 6.1 6.2 6.3 6.4 For UK grown crops we will only permit pesticides which are: approved for use in strict accordance with its UK label recommendations; or approved for use on the relevant crop in strict accordance with its UK label recommendations; or approved for use where specific off-label approval has been given and a copy of the “Notice of Approval” is held by the grower; or approved for use by an off-label extrapolation as detailed in the “Long Term _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 34 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Arrangements” in the PSD website http://www.pesticides.gov.uk/approvals.asp?id=486. We understand that compliance with these label and off-label recommendations must ensure that UK maximum residue levels are not exceeded [and] that the pesticide use is in accordance with your prescribed list. 7 We will co-operate with you to provide information on pesticide use on all produce supplied to you. 8 We will ensure that detailed records, to a standard consistent with that outlined in the FPC Code of Practice (Fifth Edition 2006) of all pesticide applications are maintained for all crops, both pre- and post-harvest. These records will be made available for inspection by you and your customers upon request and will be held for a minimum of five years. 9 We understand that you will sample produce from time to time to analyse for pesticide residues and that these results may be provided to your customers upon their request. We understand that our name will not be disclosed with these results to any third party without specific written agreement from us. Dated this __________________ 20____________ day of ________________ Name _________________________Signature_____________________ Position held in ___________________________________________ Company ___________________________________________________ (print) company name *Relevant legislation: a EC Regulation 396/2005 b The Control of Pesticides Regulation 1986 (SI No 1510). c The Pesticides (Maximum Residue Levels in Crops, Food & Feeding Stuffs) Regulations 2005 and amendments. d Food Safety Act 1990 Sections 7,8 and 14. e Pesticide Residues in Food. Codex Alimentarius Commission Volume 2 and Supplement 1 to Volume 2. Second Edition 1993 (adopted limits only) and amendments. f EC Prohibition Directive 79/11/EEC and amendments. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 35 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Appendix C The FPC's Proposed Pesticide Usage (Pre and/or Post-Harvest) Form Proposed Pesticide Use Form (Pre and Post-Harvest) To: ___________________________________________________ ______________________Supplier: Address: ___________________________________________________________________________________ __ Detailed below is the list of pesticides which we propose to apply to crops from which we may supply you during 20 ______ This Section to be filled in by the grower/supplier Crop Expected supply season (months) Pesticide scheduled for use Trade Name Active ingredient Harvest interval Origin of approval This section to be filled in by the PMO Has the Is this active product ingredient Has a UK approved been MRL been in the specifically set (or about country withdrawn to be of in the EU? changed or origin? set) during this season? YES/NO YES/NO NO MRL _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 36 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ I declare that the information given above is correct, and I will advise you immediately before any additional chemicals are used during the season. I reaffirm my pesticide undertaking previously signed for you. Completed by: ________________Signed:_____________________ Date: _______________ Approved by: ______________________________PMO Technical: ____________________ Date: ______________ Appendix D The FPC’s Field or Pre-Harvest Pesticide Application Record Field Pesticide Application Record Grower Name: ____________________________Farm Name: _____________________ Address: ________________________________________________Tonnage: _______ Store capacity if applicable: __________________________ Field Number/Location: _________Crop Variety: ______________Area (Ha):_______ Sowing or planting date: _________________________ Operator First Permissible Harvest Date Rate Harvest Interval Active Ingredient Wind Direction & Speed Application Details Field or part of field sprayed Pesticide Applied Justification/Target for Application Date and Time of Application Product Name Water Volume _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 37 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Audited, checked and approved by (Name) ___________________________________ Signature:_________________________________________Date:_______________ __ Appendix E The FPC’s Field or Pre-Harvest Pesticide Application Record Post Harvest Application Record Owner of Produce: _____________________________ Farm Name: ____________________ Address:______________________________________________________________ __ Storage Capacity if Applicable: __________ Field Number/Location: ______________ Type of Produce: _____________Tonnage:_________________ Date of Application Lot/Store Identification Justification/ Target for Application Quantity of Product Treated Pesticide Applied Product Active Name Ingredient Rate and volume Wind Direction and Speed Application Utilisation No. of Days _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 38 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Audited, checked and approved by: Name: __________________________________________ Signature: _______________________________ Date: _______________________________ Appendix F An Alternative Layout for Recording Field Applications Name Field Reference Crop/Variety/Growth Stage Date Problem/Reason for use Product Dose Product Dose Product Dose Product choice/used (in order of addition to tank) Water Volume Spray Quality/Sprayer Setting Harvest Interval/latest application GS or date _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 39 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Off Label Approval No. COSHH rationale (Ref: Product choice) Signature Name of Operator Date of Application Area of field/sprayed Time: Start/Finish / / / Personal protective equipment required Bee Warnings/Field signs posted, etc. Weather at Application (temp/rainfall/wind/sun) Weather post Application Soil/Crop condition Counter Signature Harvest Date Crop condition _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 40 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Appendix G Approvals for (Extension of Use) Off-Label Uses 1. Specific Off-label Approval (SOLA) These are uses for which approval has been sought by individuals or organisations other than the manufacturers. Operators making use of such treatments must obtain a copy of the relevant "Notice of Approval" document and comply strictly with the conditions laid down as the conditions of approval given in the document supersede any on the label which otherwise would apply. 2. The Long Term Arrangements for Extension of Use (2002) Since 1st January 1990 arrangements have been in place which permit many pesticide products to be used for additional specific minor uses, subject to adherence to various conditions. Please note that these extensions of use are at all times done at the user’s choosing, and the commercial risk is entirely theirs. PSD is in the process of replacing the Arrangements by converting key uses to Specific Off-label Approvals (SOLAs). This exercise relates only to edible uses (and not inedible uses such as ornamentals) as the most pressing difficulties are arising due to maximum residue levels. It will look at what needs to be done for ornamentals and other inedible uses in due course. Specific Restrictions for Extension of Use under these Arrangements To ensure that the extension of use does not increase the risk to the operator, the consumer or the environment, the following conditions MUST be followed when applying pesticides under the terms of this scheme: General Restrictions 1. These arrangements apply to label and specific off-label recommendations for use of ONLY products approved for use as Agricultural/Horticultural pesticides. 2. All safety precautions and statutory conditions relating to use (which are clearly identified in the statutory box on product labels) MUST be observed. If extrapolation from a specific off-label is to be used then in addition to all safety precautions and statutory conditions relating to use specified on the product label, all conditions relating to use specified on the Notice of Approval for the specific off-label use MUST be observed. 3. Pesticides MUST only be used in the same situation (outdoor or protected) as that specified on the product label/specific off-label Notice of Approval for the use on which the extrapolation is to be based, specifically: _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 41 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Pesticides must not be used on protected crops, i.e. crops grown in glasshouses, poly tunnels, cloches or polythene covers or in any other building, unless the product label/specific off-label Notice of Approval specifically allows use under protection on the crop on which the extrapolation is to be based. Similarly, pesticides approved only for use in protected situations must not be applied outdoors. PLEASE NOTE: Unless specifically restricted to outdoor crops only, pesticides approved for use on tomatoes, cucumbers, lettuce, chrysanthemum and mushrooms are assumed to be approved for use under protection. For all other uses, if the label/specific off-label Notice of Approval does not specify a situation, then only extrapolation to an outdoor use is permitted. 4. When making an extrapolation under these arrangements the latest timing of application on the product label/specific off-label Notice of Approval for the use on which the extrapolation is to be based MUST be observed. Where the latest timing of application for the crop on which the extrapolation is to be based is a growth stage and this is not relevant to the proposed crop to be treated, the latest timing of application MUST be converted into days before harvest i.e. the time between the growth stage and the harvest of the approved crop. That period MUST then be observed as a latest timing of application for the crop to which the pesticide is to be applied. Application Method Restrictions 5. The method of application must be as stated on the pesticide label and in accordance with the relevant codes of practice and requirements under COSHH 1994 (Control of Substances Hazardous to Health). 6. When planning to use hand held equipment to apply a pesticide under these arrangements, users MUST ensure that hand held use is appropriate for the current on-label recommendations/specific off-label Notice of Approval. Notes: unless otherwise stated spray applications to protect crops include hand held uses. Where hand held use is not appropriate for the use on which the extrapolation is to be based, hand held application should NOT be made if the pesticide label/specific off-label Notice of Approval: a) prohibits hand held use; b) requires the use of personal protective clothing when using the pesticide diluted to the minimum volume rate recommended on the label/specific off-label Notice of Approval for the dose required; c) is classified with one of the following hazard warnings: ‘Corrosive’, ‘Very Toxic’, ‘Toxic’ or ‘Risk of serious damage to eyes’ _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 42 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ In other cases hand held application is permitted provided that: i) the concentration of the spray volume for the extension of use is no greater than the maximum concentration recommended on the pesticide label; ii) spray quality is at least as coarse as the British Crop Protection Council medium or coarse spray; iii) operators wear at least a coverall, gloves and rubber boots when applying pesticides below waist level. Use of a faceshield is also required for applications which are above waist height. iv) where there are label precautions with regards to buffer zone restrictions for vehicle mounted use, then users must observe a buffer zone distance of 1 m from the top of the bank of any static or flowing water body when applying by hand held equipment. Environmental Restrictions 7. When planning to apply a pesticide under these arrangements by broadcast air-assisted sprayer (any equipment which broadcasts spray droplets by means of fan assistance which carry outwards and upwards from the source of the spray), only pesticides with specific onlabel/off-label recommendations for such use on the crop on which the extrapolation is to be based (e.g. on hops, bush, cane or top fruit) can be used. Any associated buffer zone or other risk management restrictions must be also observed. 8. Pesticides classified as Harmful, Dangerous, Extremely Dangerous or High Risk to bees must not be used during flowering of any crop (i.e. from first flower to complete petal fall) unless otherwise permitted. Applications of such pesticides must also not be made when flowering weeds are present or where bees are actively foraging. 9. If there is an aquatic buffer zone restriction set for the on-label/offlabel use, then where appropriate, users are also obligated to conduct a Local Environmental Risk Assessment for Pesticides (LERAP) for the extension of use. 10. All reasonable precautions MUST be taken to safeguard wildlife and the environment. Exclusions 11. The following uses are NOT PERMITTED under these arrangements. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 43 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ a) Aerial applications b) Use in or near water (in or near water includes drainage channels, streams, rivers, ponds, lakes, reservoirs, canals, dry ditches, areas designated for water storage) c) Use in or near coastal waters d) Use of rodenticides and other vertebrate control agents e) Use on land not intended for cropping, land not intended to bear vegetation, amenity grassland, managed amenity turf and amenity vegetation (this includes areas such as paths, pavements, roads, ground around buildings, motorway verges, railway embankments, public parks, turf, sports fields, upland areas, moorland areas, nature reserves, etc.) Extensions Of Use 1) Nursery Fruit Crops Subject to the SPECIFIC RESTRICTIONS FOR EXTENSION OF USE set out above, pesticides approved for use on any crop for human or animal consumption may be used on commercial agricultural and horticultural holdings on nursery fruit trees, nursery grape vines prior to final planting out, bushes, canes and non-fruiting strawberry plants provided any fruit harvested within 12 months of treatment is destroyed. Applications must NOT be made where there are fruits present. If hand held or broadcast air assisted use is required see paragraphs 6 and 7 respectively of the SPECIFIC RESTRICTIONS FOR EXTENSION OF USE. 2. Crops Used Partly or Wholly For Human or Animal Consumption Subject to the SPECIFIC RESTRICTIONS FOR EXTENSION OF USE set out above, pesticides may be used on commercial agricultural or horticultural holdings on certain crops. For full details see the PSD website – extrapolation Tables relating to Approvals for (Extension of Use) Off-label uses. http://www.pesticides.gov.uk/applicant_guide.asp?id=1226#section2 HOWEVER, BEFORE USING ANY OF THE EXTRAPOLATIONS, THE USER MUST FIRST NOTE THE FOLLOWING: a) It is the responsibility of the user to ensure that the proposed use does not result in any statutory UK Maximum Residue Levels (MRLs) being exceeded. MRLs are set out in statutory instrument No: 1985 of 1994: ‘The Pesticides (Maximum Residue Levels in Crops, Food and _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 44 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Feeding Stuff) Regulations 1999’ (The Stationery Office ISBN 0-1198736-5) and any subsequent updates. b) There are situations where these extrapolations DO NOT APPLY (see PSD Website) Additions Please see the PSD website Appendix I for Additions relating to specific crops. Following various questions on extrapolation of latest timing of application under these arrangements over recent years, the following ‘GENERAL RESTRICTION’ has been added to clarify this point: Please see para 4 above PLEASE NOTE that this is not a new restriction. The restriction has been added to clarify how the ‘GENERAL RESTRICTION’ that ‘All safety precautions and statutory conditions relating to use MUST be observed’ must be followed under these arrangements. Appendix H An Introduction to HACCP Note: The following text is reproduced from “Assured Crop Production – a practical guide to developing a quality management system for primary food production” by kind permission of Campden and Chorleywood Food Research Association and as such is their copyright. Assured Produce believe members will find this brief introduction to HACCP useful and interested members are encouraged to obtain the full document. “Assured Crop Protection (ACP) is a quality management system that has been developed for farmers and growers to control food safety problems and crop quality aspects. It is based upon the system widely used in food manufacturing called Hazard Analysis Critical Control Point (HACCP); its approach is logical and it is a cost effective basis on which to control hazards in primary crop production. The ACP manual is designed to guide the reader through the logical sequence of setting up a system but in order to appreciate the rationale behind the system, it is helpful to understand the philosophy and mechanisms of HACCP. What is “HACCP”? HACCP originated in the 1960s and the adoption of the HACCP approach to food safety has increased in recent years. HACCP is now nationally and internationally _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 45 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ recognised by the food industry and government organisations as the most effective means of assuring food safety. HACCP also provides a powerful method of laying the foundations of an effective quality assurance programme and interfaces with other quality systems such as ISO 9000. The successful introduction of HACCP into a wide range of food manufacturing operations has demonstrated its benefits and flexibility. HACCP is a straight forward and logical system of control based on the identification and prevention of problems with documented evidence: in effect a common sense approach to food safety and quality management. It is often a misconception that HACCP is difficult, complicated and bureaucratic, and requires a high degree of expertise. Some knowledge of HACCP is helpful in carrying out a HACCP study but the main requirement is for a thorough understanding of the production process and the products, including those factors which cause concern to the customers. Principles of HACCP as applied to the food industry As mentioned previously, HACCP is a systematic approach to the identification of specific hazards associated with all stages of a food operation, defining the means of their control and the identification of so-called ‘Critical Control Points’ (CCPs). In addition, a system must be established to demonstrate that each CCP is under control. The HACCP system is based on seven principles (CCFRA, 1992; Codex Alimentarius Commission, 1993):Principle 1 Conduct a hazard analysis by identifying and listing the hazards associated with each step in the production process and specifying the control measures. Principle 2 Identify the critical control points. Principle 3 Establish critical limits which must be met to ensure that each CCP is under control. Principle 4 Establish a monitoring system to ensure control of the CCP by scheduled testing or observations. Principle 5 Establish the corrective action to be taken when monitoring indicates that a particular CCP is moving out of control. Principle 6 Establish documentation concerning all procedures and records appropriate to these principles and their application. Principle 7 Establish verification procedures which include supplementary tests, together with a review which confirms that HACCP is working effectively. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 46 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Stages in the implementation of HACCP In food manufacturing, a number of stages have been identified to fulfil these seven basic principles. These stages, outlined below, provide the basis on which to apply the principles of HACCP to crop production. Stage 1. Stage 2. Stage 3. Stage 4. Stage 5. Stage 6. Stage 7. Stage 8. Stage 9. Stage 10. Stage 11. Stage 12. Stage 13. Stage 14. Define terms of reference Select the HACCP team Describe the product Identify intended use Construct a flow diagram On-site verification of the flow diagram List the hazards associated with each step Identify CCPs Establish critical limits Establish a monitoring system Establish a corrective action plan Establish record keeping and documentation Verification Review the HACCP plan Further details of HACCP and its application are given in CCFRA’s Technical Manual No. 38 (CCFRA, 1992). Principles of HACCP as applied to horticultural production. A HACCP system may be implemented by the farmer or grower but could be developed in collaboration with consultants, marketing organisations or the customer. Most crop production operations follow a basic pattern of selection of raw material inputs, crop production operations carried out, harvesting, post harvest handling operations, storage, through to transport to customer. There may be other steps or variations but most crop production operations are very similar. The HACCP approach starts by breaking down the crop production operation into steps, e.g. selection of crop variety, cultivations, crop protection measures, harvesting, and post-harvest handling. The hazards associated with each of these steps are then considered. A hazard in terms of food safety is anything that may cause harm to the consumer. Hazards may be biological (e.g. microbiological pathogens), physical (e.g. stones) or chemical (e.g. pesticide residues). However, the approach can also be used to identify hazards associated with quality of products or demonstrate a particular method of crop production. Next, all appropriate control measures are listed. From these control measures, the steps in the crop production process which are critical to control the hazards are identified (the CCPs). In practice, in a crop production operation, many if not all controls will be critical because, in general, the hazards associated with crops cannot be eliminated or reduced to acceptable levels at any later step in the crop production _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 47 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ operation. The decision is then taken on the most appropriate way to check or monitor that these critical controls are working. Implementation of a HACCP study to horticultural production The system is suitable for small, medium or large crop production operations. It is a flexible management tool which can be applied to a wide range of simple or complex operations including arable crops, field vegetables, protected crops, soft fruit and top fruit production. The system can be used for food safety problems as well as quality aspects. It is a business decision as to what is or what is not included, in terms of the crop production operation and the hazards identified, and will depend on the resources of the business, the intended market of the crop or the customer requirements. However, it is important that the correct focus of the study is identified. In terms of the crop production there are a number of questions to help with these decisions. 1. Do you want to cover all types of hazards or just selected hazards? In some situations it may be easier to limit the number of hazards considered, at least initially. It will be simpler to revisit the study to look at additional hazards that try and do everything at once. It may also be more important to consider the highest priority hazards in the initial study, but this will depend on the intended market. 2. Will the study cover the whole crop production operation or one specific part? It may be appropriate to consider the length and complexity of the crop production operation. Does a long process subdivide logically into several distinct phases which can be evaluated independently (e.g. crop production, harvesting, storage)? These phases can be considered separately if this is easier. Similarly, the crop may be grown on several different sites (e.g. fields or glasshouses at different locations). A study may be carried out for the crop at all sites, or at individual farms, fields or glasshouses. The approach will depend on the similarity of the production operation and marketing arrangements. 3. Will the study cover a specific crop or a crop type? If the production operation being studied is common to a number of related products (e.g. winter cereals or wheat) then these can be included in one study. Alternatively each crop may be considered in separate studies. 4. Where should the study start and stop? _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 48 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Although it is recommended that the study should include all raw materials and inputs (e.g. site, seed/planting material, pesticides, fertilisers), the study should also clearly specify where responsibility for the crop ends in terms of the production process (e.g. at harvest, after storage, or after dispatch of the harvested product from the farm). It is generally recommended that for food crops the study ends at the point of delivery to the customer. In this way onfarm hazards are covered. 5. What hazards should be covered? HACCP was originally designed for food safety aspects and this is its primary use. However, quality aspects are often of fundamental importance in primary agricultural products and many may need to be included in a study. As a general rule, however, safety aspects should take precedence over quality issues. 6. What level of monitoring is required? At the most basic level, records such as pesticide records required by the Control of Pesticide Regulations (1986) and crop diaries are sufficient but it may be desirable to review the records taken and if necessary develop and implement a specific system. The sophistication of the system will depend to a large extent on the resources of the business. The scope of a study and its implementation will, therefore, be a decision for each business depending on their own resources, the production operation, the intended market for the crop and the customer requirements. As long as any legal requirements are met it is up to the business to set the hazards, controls and monitoring procedures. Appendix I Guidelines for the Application of Sewage Sludge THE SAFE SLUDGE MATRIX Untreated Sludge (1) Conventionally Treated Sludges (7) Enhanced Treated Sludge (8) _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 49 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ FRUIT N N Y (6) SALADS N N (5) Y (6) VEGETABLES N N (4) Y (6) HORTICULTURE N N Y (6) N (2) Y Y (6) GRASS & FORAGE Grazed N N (2) (3) Y(3) GRASS & FORAGE Harvested N Y (3) Y(3) COMBINABLE AND ANIMAL FEED CROPS Y= all applications must comply with the Sludge (Use in Agriculture) Regulations 1989 and DEFRA Code of Practice for Agricultural Use of Sewage Sludge. N= applications not allowed (except where stated conditions apply) GUIDANCE NOTES (1) The use of untreated sludge on agricultural land used to grow food crops was banned from 1 January 2006. (2) Surface spreading of conventionally treated sludge on grazed grassland is banned, but it can be applied if deep injected into the soil. Where grassland is reseeded, conventionally treated sludge must be ploughed down or deep injected into the soil. Conventionally treated sewage sludge can be applied to the surface of grassland or for forage crops such as maize, which will subsequently be harvested, but there can be NO grazing within the season of application. (3) 3 week no grazing and harvesting interval. (4) 12 month harvest interval. (5) 30 month harvest interval. (6) 10 month harvest interval. (7) Conventionally Treated Sludge: there are a range of different treatment processes used to reduce the fermentability and possible health hazards associated with sewage sludge. These rely on biological, chemical or heat _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 50 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ treatment. The most common form of treatment is anaerobic digestion. Conventionally treated sludge has been subjected to defined treatment processes and standards that ensure at least 99% of pathogens have been destroyed. (8) Enhanced Treated Sludge: originally referred to as "Advanced Treatment", describes treatments capable of virtually eliminating any pathogens which may be present in the original sludge. Enhanced treated sludge will be free from Salmonella and will have been treated so as to ensure that 99.9999% of pathogens have been destroyed. Extracts from "Guidelines for the Application of Sewage Sludge to Agricultural Land – The Safe Sludge Matrix" (April 2001, 3rd Edition). Further details available on the WaterUK and ADAS websites: www.water.org.uk and www.adas.co.uk/matrix MATRIX CROPPING CATEGORIES FRUIT Top fruit (apples, pears, etc) Stone fruit (plums, cherries, etc) Soft fruit (currants and berries) Vines Hops Nuts SALAD (e.g. ready to eat crops) Lettuce Radish Onions Beans (including runner, broad and dwarf French) Vining peas Mange tout Cabbage Cauliflower Calabrese/broccoli Courgettes Celery Red beet Carrots Herbs Asparagus Garlic Shallot Spinach Chicory Celeriac VEGETABLES Potatoes Leeks Sweetcorn Brussels sprouts Parsnips Swedes/turnips Marrows/pumpkins/squashes Rhubarb Artichokes HORTICULTURE Soil based glasshouse and polythene tunnel production (including tomatoes, cucumbers, peppers, etc) Mushrooms Nursery stock and bulbs for export Basic nursery stock COMBINABLE AND ANIMAL FEED CROPS Wheat Barley Oats Rye Triticale Field peas Field beans Linseed/flax Oilseed rape Sugar beet Sunflower Borage GRASSLAND AN FORAGE HARVESTED Grass silage Maize silage Haylage Hay Herbage seeds GRAZ Grass Forage swedes Fodder mango beet/ka Forage and trit Turf produc Seed potatoes for export Basic seed potatoes Basic seed production _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 51 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Appendix J the UK Overview of the Regulations Controlling the Use of Pesticides in In the UK there are several sets of Regulations pertaining to the use and sale of plant protection products, including growth regulators and rodenticides. These were introduced under the following enabling Acts: the Health and Safety at Work etc Act (1974), the Poisons Act (1972), the Food and Environment Protection Act (1985). 1. The Health and Safety at Work Act (1974) imposes general obligations on: (a) (b) (c) (d) employers: to ensure, as far as is reasonably practicable, the health, safety and welfare at work of their employees, including the provision and maintenance of plant and systems of work that are safe and without risks to health, the safe use of substances and the provision of necessary information, training and supervision; self-employed: not to put themselves at risk through their work activities; employees: to take reasonable care of their own health and safety at work; employers, self-employed and employees: not to put at risk, by their work activities, the health and safety of others. This Act also requires that sufficient information is provided by a supplier of a hazardous substance to enable users to take necessary measures to ensure protection of health and safety. The Act also requires employers to provide, free of charge, protective clothing for their employees as well as any training necessary to ensure safety. The main regulations under this Act pertaining to pesticide use are contained in the so-called "COSHH" Regulations. 1.1 1994 Control of Substances Hazardous to Health Regulations (COSHH) These regulations cover virtually all substances hazardous to health used in farming, including those pesticides classed as very toxic, harmful, irritant, or corrosive. The basic principle underlying the COSHH regulations is that risks associated with the use of any substance hazardous to health must be assessed before it is used and the appropriate measures taken to control the risk. The emphasis has changed from that pertaining under the old Poisonous Substances in Agriculture Regulations (repealed in 1988) where the principal method of ensuring safety was the use of protective clothing, to the prevention or control of exposure to hazardous substances by a combination of measures. Consideration must now be given as to whether it is necessary in a given situation to use a pesticide at all and, if so, the product posing the least risk to humans, animals and the environment must be selected. It is essential that all equipment is properly maintained and the correct procedures adopted. Where necessary the exposure of operators must be monitored, health checks carried _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 52 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ out and employees must be instructed and trained in precautionary principles. Adequate records of all operations involving pesticide applications must be made and retained. PSD and Defra have yet to determine the length of time these application records should be kept for. The three key areas relevant to pesticide use addressed in the COSHH regulations are;a) Occupational Exposure Standards (OES) Various substances have been assigned "Occupational Exposure Standards" by the Health and Safety Commission in relation to specified reference periods. For such substances, exposure by inhalation should not exceed the standard or, if exceeded, must be reduced as soon as practical. Full details are given in the HSE Guidance Note EA40/42 Operational Exposure Limits, 1992. Such substances currently marketed as pesticides are given together with their approved standards in the "UK Pesticide Guide". b) Maximum Exposure Limits (MEL) Under the COSHH regulations certain substances have been assigned maximum exposure limits in relation to specified reference periods. Again, those chemicals covered by these regulations and currently marketed as pesticides are given in the "UK Pesticide Guide". c) Protective Clothing The COSHH regulations require that whenever there is a label recommendation for the use of protective clothing it should be preceded by the phrase "Engineering control of operator exposure must be used where reasonably practical and in addition to the following protective equipment" and followed by "However engineering controls may replace the personal protection equipment if a COSHH assessment shows that they provide an equal or higher standard of protection". Where other measures do not provide adequate control of exposure and the use of personal protective equipment is necessary, the items stipulated on the product label must be used as a minimum. 2. The Poisons Act (1972) Certain toxic chemicals are subject to the provisions of the Poisons Act 1972, the Poisons List Order 1982 and the Poisons Rules 1982 which include general and specific provisions for the storage, sale and supply of listed non-medicinal poisons. Toxic chemicals have been segmented. The sale of so-called 'Part I Poisons' e.g. aluminium phosphide and strychnine, is restricted to registered retail pharmacists and to registered non-pharmacy businesses providing sales do not take place on retail premises. The sale of Part II Poisons e.g. paraquat, is _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 53 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ restricted to registered retail pharmacists and sellers specifically registered with the local authority. Again, all chemicals covered by these regulations and currently marketed as pesticides are listed in the "UK Pesticide Guide" (see Appendix A). 3. The Food and Environment Protection Act (1985) The Food and Environment Protection Act (FEPA) (1985) put in place a statutory approval system which replaced the earlier voluntary Pesticides Safety Precautions Scheme and Agricultural Chemicals Approval Scheme. FEPA introduced powers to control pesticides with the aims of protecting human beings, animals and plants, safeguarding the environment, ensuring safe, effective and humane methods of controlling pests and making pesticide information available to the public. Two sets of regulations have been introduced under FEPA. First, the Control of Pesticides Regulations (1986) and amendments prescribes the approvals required before any pesticide may be sold, stored, supplied, advertised or used and second, the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (1994) and amendments specifies the legal limits for pesticide residues in food in the UK. The Plant Protection Products Regulations (2005) and amendments implement the Council Directive 91/414/EEC into UK law. 3.1 The Control of Pesticides Regulations (COPR) 1986 These regulations which apply to Great Britain for the purpose of controlling pesticides were enacted under Part III of FEPA. 3.1.1 Scope COPR applies to any substances, preparations or organism prepared or used for any of the following purposes: protecting plants or wood or other plant products from harmful organisms; regulating the growth of plants; giving protection against harmful creatures; rendering such creatures harmless; controlling organisms with harmful or unwanted effects on water systems, buildings or other structures or on manufactured products; substances prepared or used for disinfecting, bleaching, or sterilising any substances including water, soils, compost or growing medium; substances used for modification of micro-biological processes in soil, including soil sterilants; pesticides intended for export; pesticides used in water supply systems. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 54 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ The regulations do not apply to organisms other than bacteria, protozoa, fungi, viruses and mycoplasmas used for destroying to controlling pests or to substances whose use or sale within the UK is controlled under the Medicines Act 1968, the Agriculture Act 1970 (Part IV) and the Food Act 1984. They also do not apply to pesticides which use ‘physical means’. Members should check with PSD if they are not sure if something falls within the scope of COPR. 3.1.2 Information to the Public The Regulations also enable the Ministry to make available, on such conditions as they determine, evaluations and study reports of pesticides with a provisional or full approval has been given. The furnishing of copies on payment of reasonable fees is authorised. Commercial use or unauthorised publication of information made available under the regulation is prohibited. 3.1.3 Schedules COPR specifies the conditions subject to which approval is given by means of various consents. Schedule 1 relates to advertisement, schedule 2 to sale, supply and storage, schedule 3 to use and schedule 4 to aerial application of pesticides. 3.1.4 Types of Approval Approvals are granted only in relation to individual products and for specific uses. It is an offence to use a non-approved product or to use an approved product in a manner which does not comply with the specific conditions of approval. Statutory conditions which have been laid down for the use of individual products may include the following: i) ii) iii) iv) v) vi) vii) viii) field of use crop situations for which treatment is permitted maximum individual dose maximum number of treatments maximum area or quantity which may be treated latest time of application of harvest interval operator protection or training requirements environmental protection requirements. The main source of information on the crops or situations in which the use of a particular pesticide is approved is the product label. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 55 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Approval may either be full or provisional. Provisional approvals may be upgraded by manufacturers on submission of required data to the Pesticides Safety Directorate (PSD). 3.1.5 Withdrawal of Approval Approvals may be reviewed, amended, suspended, revoked at any time. Although revocation may occur for various reasons, a period of two years is normally allowed to permit the using up of stocks by persons other than the approval holder. 3.1.6 Approval of Commodity Substances Certain chemicals with both pesticidal and non-pesticidal uses are often supplied as commodity substances rather than pesticide products e.g. formaldehyde, methyl bromide, strychnine hydrochloride and sulphuric acid. 3.1.7 "Off-label" Approval Although it is a legal requirement to adhere to label recommendations (i.e. use in an approved manner) it is legally acceptable to use a product in an "offlabel" manner provided that use is approved by specific off-label approval (SOLA) or ‘Essential Uses’ Although approved it must be understood that such treatments are not endorsed by manufacturers so farmers and growers are reminded that when using a product in an off-label manner the liability for crop safety (selectivity) and efficacy lies with the user and/or their advisor. Off-label use may only take place if the conditions of approval in the product label and/or leaflet and any additional guidance on off-label approvals have first been read and understood by the grower and sprayer operator. Derogations for ‘Essential Uses’ that expired 31st December 2007 can no longer be used or stored. Requests have been made to the European Commissions by Member States to allow the use of a few unsupported active substances after 2003 for key uses where no alternative exists. The Commission decided in June 2002, to allow 49 active substances to be used in this way, until December 2007, in order to provide time for alternatives to be researched and developed. Extrapolations to other crops are not permitted. "Off-label" Approval by Extrapolation – (See Appendix G - Approvals for (Extension of Use) Off-label Uses) 3.1.8 Imports of Pesticides A farmer or grower may import pesticides into the UK for his own use provided that the pesticides are identical to products already approved in the _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 56 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ UK. Prior to importation, he must apply in writing to the Pesticides Safety Directorate, Mallard House, Kings Pool, 3 Peasholme Green, YORK, Y01 7PX. 3.1.9 Breach of Regulations In the event of a breach of the specified prohibitions in relation to any pesticide or of the conditions of an approval , the Regulations authorise:ix) the seizure or disposal of the pesticide or of anything treated with it; x) such remedial action as appears to a Minister to be necessary as a result of a contravention and xi) in the case of an imported pesticide, the removal of that pesticide from the UK . 3.1.10 Disposal of Pesticide Waste Guidance on the correct disposal techniques consistent with the statutory conditions of approval is given in the Defra Code of Practice for using plant protection products' (see Part 5) and the Groundwater Regulations 1998. Their main objective is to protect groundwater from pollution by a broad range of potential pollutants by requiring prior ‘authorisations’ to be obtained from the Environment Agency for the disposal of these substances to land. An agricultural activity which requires authorisation is the disposal of pesticide wastes to land (although application of washings to the crop within the terms of an approval is not regarded as disposal). From 1st April 1999, it is an offence to dispose of certain listed substances to land without having applied for an authorisation. It is not necessary to have received an authorisation for once an application has been made; it is regarded as approved until the Agency makes a definite decision. Applications for authorisation can be made to the Environment Agency on special forms which are available from offices of the Agency. A "consent to discharge", issued by the Environment Agency, is required for the disposal of all wastes into controlled waters. Discharges containing substances most damaging to the aquatic environment (i.e. ‘the Red List’) also require approval from the Secretary of State for the Environment, Food and Rural Affairs, advised by Her Majesty's Inspectorate of Pollution. Those ‘Red List’ pesticides currently marketed in the UK are listed in the "UK Pesticide Guide". 3.1.11 Adjuvants and Tank-Mixes _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 57 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Pesticide adjuvants are not themselves classed as pesticides but under the COPR "No person shall use a pesticide in conjunction with an adjuvant except in accordance with the conditions of the approval originally given in relation to that pesticide, or has varied subsequently by lists of authorised adjuvants published by the Ministers." Additions to the list of approved adjuvants are published on the PSD website at intervals. All approved adjuvant products are listed with the names of their suppliers and their authorised adjuvant number in the "UK Pesticide Guide", published annually and on the PSD website. Adjuvant product labels must be consulted for details of compatible chemicals or products, rates etc. Protective clothing requirements and label precautions details are also given in the Guide and may include warnings about products harmful or dangerous to fish. Regarding tank-mixes, no person shall combine or mix for use two or more pesticides unless all the conditions of the approval relating to this use can be complied with. In particular no person shall combine or mix for use two or more pesticides which are anti-cholinesterase compounds unless the label of at least one of the pesticide products states that the mixture may be made. 3.1.12 Reduced Spray Volume Applications The statutory conditions of use indicated on the label must always be followed but the spray volume is one recommendation which may in some cases be altered to suit the needs of the equipment or of the user. The conditions under which reduced volumes may be used are given in the Defra, Code of Practice for using plant protection products. The term "reduced volume" means any spray volume lower than the minimum recommended on the label. 3.1.13 Certification of Competence No-one may use a pesticide in the course of business unless he has received adequate instruction and guidance in the safe, efficient and humane use of pesticides and is competent in their use. A certificate of competence, i.e. certificates issued by the NPTC or the Scottish Skills Testing Service, is required by operators born after 31 December 1964 (unless working under direct supervision of a certificate holder). A certificate of competence is also required by all persons applying pesticides as contractors. This includes the treatment of seed with the use of mobile or static equipment. A certificate of competence is also needed by anyone supervising operators born after 31 December 1964 who do not themselves hold a certificate of competence. A recognised Storeman's Certificate of Competence is required by anyone who stores pesticides for sale or supply. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 58 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Members must ensure that a recognised certificate of competence (i.e. certificates issued by BASIS [Registration] Ltd.) is held by any agrochemical distributor staff. Members may also want to make sure that consultants and independent advisers whose advice is sought regarding the use of agrochemicals also have the necessary skills, knowledge and training, perhaps an appropriate certificate from BASIS, before they consult them, though this is not a statutory requirement. 3.1.14 Aerial Application No one may carry out an aerial application unless he holds an aerial application certificate granted under the Air Navigation Order 1985 (SI 1985 No 1643). He must have, not less than 72 hours before the commencement of the aerial application, consulted:a) the Nature Conservancy Council if any part of the land which is subject to the order under the Wildlife and Countryside Act 1981 is within a distance of 1500 metres from any part of the land to which the pesticide is to be applied; b) the Water Authority for the area in which he intends to apply the pesticide if the land is adjacent to water, and also obtained their consent if he intends to apply the pesticide for the purpose of controlling aquatic weeds or weeds on the banks of watercourses or lakes. A person must give notice of not less than 24 hours and not more than 48 hours before the commencement of aerial spraying to the Chief Environmental Health Officer for the district in which he intends to spray and give notice of the intended operation to the occupants of each building within 25 metres of the spray area and to the owner of any livestock or crops within 25 metres of the boundary of the land on which he intends to apply the pesticide. Notice of not less than 48 hours must be given to the appropriate reporting point of the local beekeepers' spray warning system operating within the district in which he intends to apply the pesticide. Details of the UK Beekeepers Spray liaison contact points are available via the NFU Orderline service. 3.2 Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994 and subsequent amendments. Statutory limits have been established for pesticide residues in food crops and animal products. Approval for pesticide products is granted on the basis that, with the relatively small number of treatments which are liable to result in pesticides in foodstuffs, such residues will be below internationally agreed levels where the treatment is applied in accordance with the approved conditions of use. Thus, as long as products are used according to the label instructions and relevant good agricultural practice, the maximum residue _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 59 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ level (MRL) should not be exceeded. The responsibility of the farmer or grower is likely to be discharged by ensuring compliance with the approved label or off-label instructions. An overview of the MRL regulations is given in Appendix K. 4. Plant Protection Product Regulations 2005 and Subsequent Amendments. The Plant Protection Products Regulations 2005 and the Plant Protection Products (Fees) Regulations 1995 implement Council Directive 91/414/EEC, the so-called "Authorisations Directive", into law in Great Britain. These Regulations apply to an agricultural pesticide when its active ingredient has been authorised by the EC under the Directive. Until then the Control of Pesticides Regulations 1986 (COPR) will continue to apply. Like the existing UK requirements, the Directive demands extensive scientific evidence that a pesticide can be used safely before it can be approved. 5. The Code of Practice for using plant protection products The Code of Practice for using plant protection products gives guidance on meeting members responsibilities under these regulations. Failure to follow these guidelines is not an offence in itself but the Code may be used in any legal proceedings for breaches of the Regulations. The Code covers operator training and certification, COSHH assessment, pesticide selection, choice of application method, precautions when working with pesticides, disposal of pesticide waste and containers and the keeping of records. 6. The ‘Authorisation’ Directive European Council Directive 91/414/EEC, known as the ‘Authorisation’ Directive, is intended to harmonise national arrangements for the authorisation of plant protection products within the European Union. It became effective in UK on 25 July 1993. Under the provision of the Directive, individual Member States are responsible for authorisation within their own territory of products containing active substances that appear in a list agreed at Community level. This list, known as Annex I, is being created over a period of time by review of existing active ingredients (to ensure they meet present safety standards) and authorisation of new ones. Individual Member States are amending their national arrangements and legislation in order to meet the requirements of Directive 91/414/EEC. In the UK this has been achieved by the Plant Protection Products regulations (PPPR), under which, over a period of time, all agricultural and horticultural pesticides will come to be regulated. Meanwhile existing product approvals are being maintained under COPR, and new ones are granted for products containing active ingredients that were already on the market by 25 July 1993. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 60 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Products containing new active substances are regulated solely under PPPR. Active ingredients in this Guide that are included in Annex I are identified in the ‘Approval’ section of the profile. The Directive also provides for a system of mutual recognition of products registered in other Member States. Annex I listing, and a relevant approval in the Member State on which the mutual recognition is to be based, are essential pre-requisites. The Review Programme The process of reviewing active ingredients is taking considerably longer than originally anticipated. The Programme is designed to ensure that all available plant protection products are supported by up-to-date information on safety and efficacy. Because of the cost of providing this information, many substances are not being supported. For the remainder, the complex packages of data have to be evaluated. At the start of the Programme it was envisaged that all active substances that were on the market on 25 July 1993 would have been reviewed by 25 July 2003 but this has not proved possible. Approximately 850 substances are being reviewed in four phases. It is possible that some may not achieve Annex I listing, in which case their approvals will be revoked at that time. Approvals for unsupported actives were revoked on 25 July 2003. Growers were not able to use products containing these actives after 31 December 2003. A few substances are temporarily reprieved by derogations for ‘Essential Uses’ granted by the European Commission (see below). However, even allowing for this temporary relief, the effect on the horticultural industry will be serious, with fewer products available, especially herbicides, and little prospect of new developments for minor crops coming forward. Pesticides with ‘Essential Use derogations that expired on 31 December 2007 can no longer be used or stored There may be other withdrawals or revocations. Products containing substances which have been revoked are shown on the PSD website (http://www.pesticides.gov.uk). Growers should check with their advisers, manufacturers, the Assured Produce website 'Newsflashes', the PSD website (www.pesticides.gov.uk). Growers should comply with the ‘Use up by’ dates for all pesticide products. Growers should also be aware of and comply with changes on new product labels. There may be changes for the following reasons: the deadline for use of NPE formulations has been extended to 31 August 2008, see http://www.pesticides.gov.uk/approvals.asp?id=2122 _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 61 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ 7. Pesticides with NPE formulations must be used up by 31 August 2008. They are being replaced by new non-NPE formulations. At product re-registration stage after Annex 1 listing there may be reductions of dose rates, timings and number of applications for some products. In the crop specific Appendices products and use by dates are only listed for SOLAs, and in many cases new product MAPP numbers may not be available yet. For pesticides on-label, only active substances are shown. Statutory and Other Reference Sources. The official list of products with full and provisional approval together with the names of marketing companies and the product registration numbers is available on the PSD website listed as Pesticides – The Blue Book (Electronic Copy) under PSD Publications Index. In addition, details of new approvals (both full and provisional) and amendments to existing approvals are published periodically on the PSD website. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 62 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Appendix K the UK Overview of the Regulations Controlling Pesticide Residues in Introduction to the Pesticide Residue Regulations. 1. Introduction. The use of pesticides in the UK on food, crops and feeding stuffs is limited by statutory controls on their supply and use. As part of the approval process for a specific pesticide, the potential exposure of consumers to residues in food is carefully assessed and uses are only approved if the likely residues present no risk to health. Pesticides are approved for use on the basis that i) the treatment is applied in accordance with the approved conditions of use and ii) with the relatively small number of treatments which are liable to result in residues, any residues in treated foodstuffs will be at or below agreed maximum residue levels. This should ensure that any pesticide residues are as low as practicable and are toxicologically acceptable. 2. The Definition of a Maximum Residue Level (MRL). MRLs are defined as the maximum concentration of pesticide legally permitted in or on food commodities and animal feeds after the use of a pesticide according to good agricultural practice (GAP). It should be noted that the existence of an MRL in a particular foodstuff does not indicate that the use of the chemical has been approved on that crop in the UK. MRLs are not themselves safety limits. They are intended primarily to act as a check that good agricultural practice is being followed to allow international trade to take place. During the approval process for pesticides, the potential exposure of consumers to residues in food is carefully assessed, and uses are approved only if likely residues present no risk to health. MRLs do, therefore, take account of consumer safety aspects. Eating food containing residues above MRLs does not automatically imply a risk to health. There is a general obligation placed upon all users of pesticides that they shall take all reasonable steps to protect the health of human beings, creatures and plants and to safeguard the environment. This general obligation is often expressed in terms of the concept of "good agricultural practice in the use of pesticides"(GAP), which can be summarised as the achievement of the desired degree of control of pests and diseases at an economic cost and with minimum hazard to operators, agricultural workers, consumers, non-target animals and the environment. A key feature of GAP is the latest time of application or "harvest interval", which is laid down as a statutory condition for use of a particular product for individual crops. It is quoted on the label in terms of the period which must elapse between the last application and harvesting for human or animal consumption. It is an offence not to adhere to these intervals. Thus, as long as products are used according to the statutory conditions of use included in label instructions and following the appropriate GAP, the maximum _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 63 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ residue levels should not be exceeded. Therefore, the responsibility of the farmer or grower is likely to be discharged by ensuring compliance with the label instructions. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 64 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ 3. Pesticides Residues in Fresh Produce/Food - The Legal Context Although MRLs are classed as “national, European or Codex”, it should be noted they only become operative in the UK when incorporated into UK law. NB: Codex MRLs are not statutory in the UK, but may be used as guidance levels where no EU or UK MRL exists. i) European MRLs EU activity to harmonise the national MRLs of Member States started in 1975 with negotiations on Council Directive 76/895/EEC. This fixed harmonised maximum levels for pesticide residues, in and on produce, in an organised and scientific manner for the first time. The implementation of the MRLs set in this directive was optional for Member States who were constrained only by the fact that they could not establish national MRLs that were lower than the level in the directive, since this might act as a trade barrier. This Directive has been followed by a further three Framework Directives establishing obligatory MRLs. These are Council Directives 86/362/EEC and 86/363/EEC which establish EC MRLs for cereals and foodstuffs of animal origin respectively, and Council Directive 90/642/EC, an additional Directive establishing MRLs in a much wider range of products of plant origin, including fruit and vegetables. Since adoption, a sizeable number of individual Directives amending the above Framework Directives have been voted through by the Standing Committee on the Food Chain and Animal Health – Residues Group. All EC MRLs set by these Directives must be transposed into UK legislation. The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 are the latest consolidated regulations applying to England and Wales, although subsequent amending regulations have also been issued. For Scotland the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2005 (as amended) apply. In Northern Ireland it is the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Northern Ireland) Regulations 2006 The Regulations specify MRLs for named raw agricultural commodities, but also extend the scope of these MRLs to processed and composite foods, taking account of the concentration or dilution of the residue that occurs, as a result of the processing. Pesticide residues found in any processed food can also be dealt with using powers under the Food Safety Act 1990. Any foodstuff subject to the Regulations found to breach the MRLs may be seized and disposed of and those responsible would be liable to prosecution. The penalties are fines up to £5000 on summary conviction and unlimited fines on indictment.. ii) United Kingdom MRLs EC MRLs made on a provisional basis can be overwritten by UK temporary MRLs to take account of new authorisations and uses. These are issued and published _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 65 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ separately on the Pesticide Safety Directorate’s website (www.pesticides.gov.uk), but are not incorporated into specific regulations. iii) Codex Alimentarius Commission MRLs Where UK or EU MRLs have not been set, residue concentrations may be compared with Codex Alimentarius Commission MRLs. For the full details and definitions, however, and for information on chemicals not currently marketed in Britain, it is necessary to consult the relevant overseas regulations. It is not true that UK MRLs are more stringent than EU or the UN's FAO/WHO Codex Alimentarius Commission levels. As a very broad generalisation, Codex limits until recently have tended to be less stringent than EU limits. This is partly because Codex limits are designed to cover the approved uses of pesticides throughout all countries participating in Codex activities. In fact some UK MRLs are based on Codex levels. Within the European Commission there is increasing and heavy pressure to keep MRLs as low as possible, therefore, it is likely that some UK MRLs will need to be reduced as EU figures are agreed for the relevant pesticide/commodity combinations. Recently there are clear signs that Codex is adopting a more rigorous approach, including querying the agricultural practices of those countries who seem to need higher MRLs than could be accepted by others. A question often asked is why, up until now, is there not an MRL for every crop/pesticide combination? As stated above, the setting of EU MRLs has been by priority lists and has thus far covered those pesticides of concern to the authorities in terms of human health or trade. The European Commission has published an on-going programme of work to set MRLs for further crop/pesticide combinations. This is available on the Commission’s website the address of which is http://europa.eu.int/comm/dg06/phyt/residues/index_en.htm 4. The Monitoring of Pesticide Residues Under early EU legislation (86/362/EEC and 86/363/EEC), each year the UK Government is required to provide the Commission with the results of residue surveillance programmes on cereals and products of animal origin. Information on pesticide residues in fruit, vegetables and other plant products has been required from 1993 onwards under EC Directive 90/642/EEC. However, DEFRA’s reports, covering all UK surveillance results, have been submitted to the Commission since 1989. The UK Government undertakes two "types" of monitoring: - _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 66 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ a) Surveillance Monitoring DEFRA's Pesticide Residues Committee (PRC) co-ordinates a surveillance programme, and annually analyses 2-3,000 samples for a wide range of pesticide residues. This programme cannot be expected to detect every case where an MRL is exceeded, but is intended to ensure that overall exposure of the UK population to pesticide residues is kept within acceptable limits. Surveillance effort is particularly directed towards areas where experience and intelligence indicate it to be most needed. Hence the proportion of samples analysed by the PRC and found to contain residues is expected to be greater than the proportion of foodstuffs containing residues in the food supply as a whole. The main aims of the surveillance programme are to: i) ii) monitor residues likely to occur in home-produced and imported commodities target monitoring of specific pesticide/commodity combinations as indicated by data emergent from (i) or on the basis of other reliable information. The surveillance programme falls into 5 categories: iii) iv) v) vi) vii) annual monitoring of dietary staples, that is bread, milk and potatoes; rolling programmes covering the main food groups of fruit and vegetables, cereals and products of animal origin. A rolling programme for fish and fish products was started in 1992; surveys designed to estimate overall human dietary exposure to pesticide residues; surveys of miscellaneous foodstuffs and animal feedingstuffs; EU surveys carried out under the EU co-ordinated monitoring programme. This programme is essentially designed as a ‘shopping basket’ survey and samples are taken at random from across the food supply chain throughout the UK. The significance of attributing the country of origin correctly has increased with brand naming. It is clearly important that the trade is given all the correct information regarding a sample for them to trace back the source of an unusual or adverse finding. The results of the surveillance programme are now published once a quarter with the overall annual report generally published in the September following the year in which the samples are collected. Results are published early if they are viewed as of ‘public interest’ and are published immediately they are available if they are of safety concern. Most of the samples are stored after initial processing and analysed in batches. The surveillance reports publish the brand names for samples where a residue is detected. The brand name information is set out in full in the Annex to the report. b) Enforcement Monitoring _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 67 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ If surveillance monitoring reveals a problem, then enforcement action can be taken. When foodstuffs are found to contain residues in excess of MRLs or for UK produce found to contain residues of a pesticide not approved for use in the UK, it is the policy of the PRC to establish reasons and propose solutions. If MRLs are exceeded in imported produce, the appropriate national authorities are informed and, if appropriate, enforcement monitoring may be carried out at the ports of entry into the UK so that consignments found to contain residues in excess of statutory MRLs are denied entry. If residues are found in excess of MRLs in UK produce, local authority officers and the Government veterinary service officers may be specifically authorised to take samples of the foodstuff concerned as part of an enforcement campaign. Enforcement samples may be taken anywhere in the food chain. Samples from third countries are taken at the port of entry. 5. Imported Foods Residues in both imported and home produced food must comply with UK or EU MRLs or, if such are not available, Codex MRLs are used as guidance. 6. The Consequences of Exceeding an MRL Regulation 6 of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs Regulations) enable DEFRA or the Secretary of State to seize or dispose of any crop, food or feeding stuff containing a residue level in excess of any maximum residue level or require some other person to dispose of that crop, food or feeding stuff. He may also direct some other person to take such remedial action as appears to him to be necessary. Powers to seize and destroy offending produce are contained in both the Control of Pesticides Regulations and MRL Regulations which enable officials acting for Ministers to seize or dispose of any crop, food or feeding stuff containing a residue level in excess of any maximum residue level or require some other person to dispose of that crop, food or feeding stuff. Officials acting for Ministers may also direct some other person to take such remedial action as appears to them to be necessary and those responsible would be liable to prosecution. The penalties are fines up to £5000 on summary conviction and unlimited fines or indictment. Under the Imported Food Regulations, consignments can be held at ports for six working days. Appropriate provisions exist under sections 8 and 14 of the Food Safety Act for where pesticide /product combinations, for which MRLs have not yet been set, are found at a level sufficient to pose a safety risk or render the product not 'of the substance demanded'. Offences and penalties for contravention of national MRLs are prescribed _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 68 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ respectively by Sections 16(12) and 21(3) of the Food and Environment Protection Act 1985. The statutory defence of 'due diligence' is provided under Section 22(1). A person is taken to have established the defence if he proves: i) ii) that he acted under instructions given to him by his employer; or; that he acted in reliance on information supplied by another person without any reason to suppose that the information was false or misleading. The relationship between the EU MRL Directives and the UK Regulations 76/895 (sets MRLs in fruit and vegetables as classified according to the Common Customs Tariff and will be phased out as new Directives develop within the framework of Directive 90/642) 86/362 (sets MRLs in cereals) 90/642 (a document for the development of mandatory Directives) 86/363 (sets MRLs in foodstuffs of animal origin) SI No 1378 1988 EU Directive 93/58 (extends 90/642) 93/57 (extends 86/362 & 363) SI No 1985 1994 (supersedes SI No 1378) 94/29 (amends 86/362 & 363) SI No 1483 1995 (adds to SI No 1985) 95/39 (extends 86/362 & 363) SI No 1487 1996 (adds to SI No 1985) 96/33 (extends 86/362 & 363) SI No 1567 1997 (adds to SI No 1985) 95/61 (closes off the unsupported positions of 93/58) SI No 2922 1998 (amends SI No 1378) 96/32 SI No 1109 1999 (adds to SI No 1985) 97/41 (introduces MRLs in composite and processed products) UK Regulation 98/82 (closes open positions from 93/57 & 93/58) © Restec Laboratories 1998 94/30 (extends 90/642) 95/38 (extends 90/642) _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 69 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Appendix L Contractors Document and Contractors Matrix CONTRACTORS APS COMMITMENT DOCUMENT (*) APS Member Name ……………………………………………..…………………….. Membership No …..………… Address………………………………………………………………………………… ………………………………………………………………………………………….. Contractor Name ………………………………………………….………………………………………. Address………………………………………………………………………………… ………………………………………………………………………………………… CONTRACTOR’S SERVICE (e.g. ploughing, pesticide application) ………………... (a) Contractor’s Assured Produce Commitment It is the responsibility of the member to make known to the contractor any special conditions or work practices that are necessary as a consequence of the Assured Produce Protocols. In the absence of any such information, the contractor will ensure that all contract work will be undertaken to a reasonable standard given the quality of the equipment and materials supplied by the grower. In consequence we, the contractors have read and understood the relevant Assured Produce protocols and we commit ourselves to abide by the Statutory requirements and Good Agricultural Practice guidelines detailed therein (available at www.assuredproduce.co.uk). (b) Contractor’s required documentation evidence When undertaking pesticide applications we will supply the above member documentary evidence of: (c) 1) Calibration of pesticide application equipment. 2) An Emergency Plan for Pesticide Spillage which complies with the requirements of the Assured Produce Scheme. 3) Pesticide application qualifications for the operators used. APS Member’s written instructions to contractor (e.g. advisors pesticide recommendations) _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 70 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ (Details as follows or on attached sheet) ……………………………………………………………................................ ………………….……………………………………………………………… ………………….……………………………………………………………… ………………….……………………………………………………………… ……………………............................................................................................ (d) Verbal briefing of requirements given to the contractor by the APS member APS Member signature ……………………………Date…. ………………………… Contractor Signature ……………….........................Date.............................................. (or signature of contractors representative) (Tick boxes as detailed on Contractor’s commitment matrix) (*) A duplicate copy of this document must be provided to the contractor. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 71 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Appendix L Contractors Document and Contractors Matrix (Continued) Contractor's APS Commitment Matrix Contractors Services (a) Contractors compliance covered in the APS assessment (b) Contractors written commitment to statutory requirements and GAP guidelines within APS (c) Written instruction issued by APS Member to contractor (d) Verbal instruction issued by APS Member to contractor General Services (to include:) Subsoiling Ploughing Cultivations Drilling/Planting Haulage Harvesting Hedge Trimming - - (c) (c) - (d) (d) (d) (d) (d) Nutrient Application (to include:) Fertiliser application FYM application Lime application - - (c) (c) (c) - (a) (a) (a) - (b) (b) (b) (b) (b) (b) (b) (b) (b) (b) (c) - - Pesticide Application (to include:) Pesticide storage Transport to farm Application instructions Mixing and measuring Operator training Calibration of applicator Use of PPE's Emergency Spillage Plan Disposal of washings Empty pesticide container disposal Bracketed letters indicate Contractor's requirements as outlined in Contractor's APS Commitment Document. Members must be aware that, in the eyes of the law, contractors operating on member's farms must be treated as if they are employees, i.e. their safety and the results of the contractor's actions are the member's responsibility. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 72 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Appendix M Secure Storage of Fertiliser – Self Assessment Checklist for Farmers Mineral [or Manufactured] fertiliser is a valuable product for farmers and growers but is potentially dangerous in the wrong hands. The storage and security of fertiliser in your possession is therefore of paramount importance and the purpose of this self assessment is to help you to ensure that basic storage and security is maintained. You must not sell fertiliser unless the purchaser is known by you to be a bona-fide user and if you re-sell ammonium nitrate fertiliser with a high nitrogen content, (i.e. a nitrogen content of more than 28% of its weight), you must be in possession of a valid detonation resistance certificate for that batch. Yes No 1. Did you obtain your fertiliser from a Fertiliser Industry Assurance Scheme (FIAS) approved supplier? 2. Is your fertiliser stored away from areas where there is public access? 3. Have you ensured that your fertiliser is not stored or left unattended within sight of a public highway? 4. Do you have a current inventory of your fertiliser stock? 5. 6. Does your inventory detail the type and brand of fertiliser delivered, stored and used? Do you have a record of the manufacturers’ code numbers 7. Is your fertiliser stored in a secure building or compound? Or 8. 9. Is your fertiliser stored fully sheeted with tamper evident precautions? Do you have a protocol, which is known to all staff, detailing what action must be taken if stored fertiliser is tampered with or unaccountably goes missing (i.e. theft)? How often do you check your fertiliser stock to ensure that any discrepancy is noticed as soon as possible? (Tick as appropriate) Daily 10. 11. Weekly Monthly If you store 25 tonnes or more of fertiliser, have you notified your local fire officer and Health and Safety Executive (HSE)? For further advise please refer to SI 1990 No. 304 – The Dangerous Substances (Notification and Marking of Sites) Regulations 1990. If you are storing 150 tonnes or more of ammonium nitrate or ammonium nitrate based fertilisers which contain more than 15.75% nitrogen by weight, have you notified the Health and Safety -Executive? If you have answered ‘No’ to any of the above questions record what steps you are taking to make it ‘Yes’. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 73 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Appendix N Secure Storage of Fertiliser – Protocol Farm Name: Scheme ID: Name of member of staff responsible for checking store and reporting: PROTOCOL 1. The fertiliser store/s must be checked at the frequency stated below to ensure stock has not been tampered with or stolen. E.g. Daily/Weekly/Monthly 2. Any evidence of tampering or loss must be reported immediately to: the Police Anti-terrorist hotline (0800 789321) GENERAL NOTES ON STORAGE OF FERTILISER DO NOT: X X X X Store fertiliser where there is public access. Leave fertiliser in the field overnight. Store fertiliser near to, or visible from, the public highway. Sell fertiliser unless the purchaser is personally known by you to be a bona-fide farmer user and who is aware of the need to follow this guidance. DO: √ √ √ √ √ √ Record fertiliser deliveries and usage. Wherever possible, and with regard to HSE safety guidance, store fertiliser inside a locked building or compound. Fully sheet fertiliser when stored outside and regularly check to ensure that the stack has not been tampered with. Carry out regular stock checks. Report immediately any stock discrepancy or loss to the police antiterrorist hotline. Record any manufacturer code numbers from the bags and, if available, the number of the detonation resistance test certificate. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 74 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Appendix O Traceability and Recall Procedure IMPORTANT NOTICE – MUST BE DISPLAYED TO ALL STAFF CRISIS MANAGEMENT PROCEDURE The following CRITICAL ISSUES arising from WITHIN THE CONTROL OF THIS BUSINESS MUST IMMEDIATELY ACTION the following CRISIS MANAGEMENT PROCEDURE The PRIMARY PERSON RESPONSIBLE WITHIN THIS BUSINESS 24 HOURS PER DAY for ensuring the Crisis Management Procedure is carried out immediately: Full Name: Position: Emergency Telephone Number: CRITICAL ISSUES 1-4 1. Unapproved pesticide applied to crop 2. Exceeded maximum rate applied to crop 3. Unapproved pesticide residue reported from crop sampling 4. Exceeded maximum residue level reported from Crop sampling Within 5 minutes of the person responsible (stated above) being made aware of an unapproved pesticide being applied to a crop, this procedure must be immediately followed Within 5 minutes of the person responsible (stated above) being made aware of an exceeded pesticide ratio application, this procedure must be immediately followed Within 5 minutes of the person responsible (stated above) being made aware of an unapproved pesticide residue being reported back for a crop, this procedure must be immediately followed in full Within 5 minutes of the person responsible (stated above) being made aware of an exceeded maximum residue being reported back for a crop, this procedure must be immediately followed in full IMMEDIATE NEXT STEPS Spray Records and/or residue sampling records 1. Gather all relevant paperwork 2. Contact customers using emergency numbers provided telephone IMMEDIATELY inform your customer(s) of ALL the details, be prepared to email, fax, and verbally forward all paperwork. CUSTOMER 24 Hour Crisis Management Emergency Contact Details Trading Name: Contact Names: Primary Contact: Telephone Number(s): Office: Mobile: Office: Mobile: Secondary Contact: _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 75 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Appendix O Traceability and Recall Procedure (continued) Where crop is being harvested contact staff immediately and STOP harvesting. stop harvesting affected crop segregate and quarantine in storage and clearly label on all sides of containers 'hold' from affected source secure all crop in potentially affected fields Where product has been harvested and stored, yet remains within the control of the business, clearly mark each side of bin/trays ensuring no product gets mixed up with non-affected product or dispatched from site. Where crop is still to be harvested, ensure all Staff and Customer(s) are aware this crop/field reference MUST NOT be harvested. Clearly mark at field entrance MUST NOT BE HARVESTED. Next steps - Critical Issues 2 & 4 ONLY 2 maximum residue test and/or re-test product Exceeding the maximum application rate specified in the STATUTORY box within the product label is a breach of the approval and therefore breach of UK Pesticide Legislation. However, where this issue has been identified whilst 'some' of the affected crop is left in the field (and/or storage) and/or 'some' has left the control of the farm business, i.e. has moved further along the food chain, it is imperative that the chemical composition of the product in terms of Maximum Residue Levels (Legal Trading Limits) has not been exceeded (high risk potential Food Safety breach). Samples must be taken from the remaining affected field (and/or stored stock) and arrangements will be made by your customer(s) to collect the samples. Results will be requested within 24 hours and all costs charged to the producer business. These results will be reported back to your customer(s) immediately, after which you will be made aware of the results and any subsequent actions necessary to be taken. 4 maximum residue test and/or re-test product Where Maximum Residue Level sampling is undertaken internally within your business and results reported which exceed the Maximum Residue Levels, the product is in breach of Legal Trading Limits, cannot and should not be legally be sold and in turn has high risk Food Safety potential. Where this issue has been identified whilst 'some' of the affected crop is left in the field (and/or storage) and 'some' has left the control of the farm business, i.e. has moved further along the food chain, it is imperative that the chemical composition of the product in terms of Maximum Residue Levels is re-checked by the laboratory responsible for producing the original Maximum Residue Level exceedence results. Further samples must be taken from the remaining affected field (and/or stored stock) and arrangements will be made by your customer(s) to collect the samples. Results will be requested within 24 hours and all costs charged to the producer business. These results will be reported back to your customer(s) immediately, after which you will be made aware of the results and any subsequent actions necessary to be taken. REMEMBER MISTAKES CAN HAPPEN, IT’S WHAT YOU DO ABOUT THEM THAT MATTERS _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 76 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ ASSURED PRODUCE SCHEME MEMBERSHIP RULES 1. Any grower producing commercially one or more of the crops for which an Assured Produce Scheme protocol exists shall be eligible to apply to join the Assured Produce Scheme. 2. For the purposes of this Scheme, a grower is the person who has functional responsibility for the management decisions and operating systems being assessed in this Scheme. Where the responsibility and operational control is devolved to a number of different units within a single business, separate membership will be required for each unit. The position of the qualifying grower within the overall business should be clearly stated on the application form. 3. It is perfectly acceptable for a grower to receive outside advice on the completion of the forms. However, all documents should be signed by the grower, who will be expected to demonstrate to Scheme assessors' knowledge and awareness of their content. The grower will be expected to be aware of the Scheme’s objectives and procedures and to confirm adherence to the requirements of the appropriate protocols. The grower is also required to ensure that any contractors undertaking work on the production of crops covered by the Scheme adhere to the Scheme protocols. Assured Produce reserves the right not to accept applications where these conditions are not met. 4. The initial application and each subsequent annual renewal will ask growers to commit themselves to the Scheme for a period of one year by completing the application/renewal form and pay the non-refundable annual subscription. A producer may ask for an annulment of the contract at any time (unless the membership is suspended or there are any non conformances outstanding). By signing and returning an application or renewal form growers agree to be bound by the rules of the Scheme. Assured Produce reserves the right to alter the rules where, at its absolute discretion, it considers it necessary to do so. 5. The Certification Body (CB) will acknowledge receipt of an application form within 14 days of receipt and send growers a checklist and relevant protocols. 6. Once the application has been accepted the CB will make arrangements for an assessment visit. 7. It is a requirement of membership that growers supply Assured Produce, or its nominated agents, with the necessary information to calculate the correct subscription payable for Scheme membership and to assess whether one or more memberships will be required. The decision of Assured Produce will be final in this area. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 77 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ 8. The Scheme year runs from 1 October to 30 September. Growers may join at any time within this scheme year membership renewal will be conditional upon the receipt of the appropriate fee. Annually a member will receive a renewal notice and two reminder letters, if he fails to rejoin within two months of the renewal date, membership will be terminated. If a subsequent application is received to rejoin the subscription will not be backdated, the status will be that of a new applicant and an external assessment will be required. 9. Assured Produce reserves the right to refuse/terminate membership when it considers that it is necessary to do so to prevent the Scheme from being brought into disrepute. ASSESSMENTS 10. All applicants and Scheme members agree to give employees and agents of Assured Produce reasonable access to their businesses and production sites to carry out the assessments required under the Scheme rules. Failure to do so shall result in the suspension of membership. At least two week’s notice will be given of any routine on-farm assessment unless other arrangements are agreed. The right is reserved, in exceptional circumstances, to make unannounced visits. 11. Assessors may refuse to carry out an assessment in the presence of a third party who they believe will, intentionally or otherwise, influence its outcome in an inappropriate manner. 12. The Scheme will operate on annual assessment with an in built random element. Acceptance of this inspection timetable is a condition of Scheme membership. 13 When the assessment has been completed the assessor will issue a ‘notice to remedy’ for any non conformances identified 14 If a grower has any non conformances against Critical Failure Points the membership will be suspended pending rectification and he may be reinspected to verify compliance. The costs associated with these procedures, including any additional farm visits, will be borne by the grower, but will be kept as low as reasonably possible 15 If a grower has any non conformances against ‘must’ standards he will be allowed 28 days from the date of assessment to provide evidence to the certification body proving that the non compliance has been rectified. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 78 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ 16 The information gathered during the assessment together with any evidence supplied by the member to rectify any non conformances raised will be used by the CB to make the certification decision. Certificates will be issued within 14 days of the evidence received to close all non compliances. 17 The grower may ask the CB for a voluntary suspension of one, several or all of the crops covered by the certificate. SANCTIONS 18 If corrective evidence is not provided membership will be suspended pending rectification. 19 If after six months from the date of assessment no evidence has been received to rectify the non conformances raised membership will be terminated. 20 The Scheme member may not re-apply for certification until 12 months after the date of the membership termination APPEALS 21 In the event that a grower feels he has been incorrectly assessed during an assessment, he has the option to ask for a re-assessment by another assessor. If the grower’s complaint is upheld, there will be no cost for this and any suspension of membership that may have been imposed will be immediately lifted. If the findings of the original assessment are corroborated, or if it is clear that the grower has taken action in the interim that will materially affect the outcome of the re-assessment, the cost of the visit will fall upon the grower. Any requests for re-assessments will be met as soon as possible by Assured Produce or its agents. 22 If a grower still feels that he has been incorrectly treated once the procedure set out in 21 has been gone through, he shall have the option of having his case heard by a special panel convened for this purpose by Assured Produce. This panel shall consist of at least three persons and will normally include within it one person involved in primary production, one person involved at another stage in the supply chain and one person not directly involved in the production and distribution of the crops covered by the Scheme. A grower may either put his own case to the panel or nominate someone to do so on his behalf. In the latter case he will still be expected to attend the panel session. Both sides will do everything they reasonably can to keep costs to a minimum. In the event that an appeal to the panel is upheld, all costs reasonably incurred by the appellant will be met by Assured Produce and its agents. If an appeal is _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 79 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ turned down, all costs reasonably incurred by the panel will be met by the grower. In this situation the grower will also have to meet those costs outlined in 14 above. USE OF TRADE MARK AND/OR LOGO 23 Scheme Members shall be permitted to indicate that they are members of the Scheme and, for that purpose only, shall be permitted to use on stationery, publicity materials, exhibition stands and signage, the Trade Mark and/or the Logo. Scheme Members agree to observe all such directions. 24 The above consent, in so far as it applies to use of the Trade Mark, is limited to using the entire designation ‘Assure Produce’ and, in so far as it applies to using the Logo, is limited to using the Logo in an identical form to that used by the Company. The consent is personal to the Scheme Member and may not be transferred or licensed to any other person. 25 The Scheme members shall not use (or authorise or license others to use) the Trade Mark and/or the Logo in any way outside the scope of the above consent and they shall not use or authorise or license others to use any name, mark, sign or device confusingly similar to the Trade Mark and/or the Logo nor file or cause to be filed any Trade Mark or company name registration applications containing, or confusingly similar to, the Trade Mark and/or the Logo. The Scheme Member will not oppose or cause any oppositions to be filed to any Trade Mark applications filed by the Company register, the Trade Mark and/or the Logo anywhere in the world not otherwise cause any question to be raised concerning the company’s ownership of the Trade Mark and the Logo. 26 The Company reserves the right to withdraw from any Scheme member the permission granted hereunder, after giving one months’ notice or upon immediate notice if the Scheme member fails to observe the directions of the Company with regard to the use of the Trade Mark or the Logo or if the Scheme Member’s membership is suspended or terminated for whatever reason. The Scheme member may not re-apply for certification until 12 months after the date of the membership suspension/termination CONFIDENTIALITY 27. Clearly others in the supply chain will on occasion wish to ascertain a grower’s status in the Scheme. Where an enquirer is able to quote the grower’s name, address or membership number of a member, Assured Produce Limited or its agents will confirm membership status as full, suspended, or non-member. The date of the last assessment visit and renewal date may also be given, and the range of crops assessed. _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 80 AP Generic Protocol Guidance Notes 2008 -2009 _____________________________________________________________________________________________________________________________________________________________ Assured Produce and its agents reserve the right to also release information from its database about the certification status of a member to a person (for example such as Assured Food Standards Ltd) with a legitimate interest in knowing that information if proof of certification might be in the members’ interest. The member accepts that information about his lack of certification may be revealed under the provisions of this paragraph. 28 In all other respects, Assured Produced and its agents will respect absolutely the confidentiality of information supplied to them by growers, or otherwise acquired as a result through their operation of this Scheme. As part of its work to assure consumers and promote the development of integrated crop management, Assured Produce will produce reports drawing upon aggregated Scheme data, but this will only be done when it is certain that the information released cannot be traced back to individual members. 29 Assured Produce will (if appropriate) comply with and use all reasonable endeavours to ensure compliance by its agents with the requirements of the Data Protection Act 1998 affecting any information held or stored by either of them. DISCLAIMER 30 Under no circumstances shall Assured Produce or its employees or agents be liable for any losses, damage, charges, costs or expenses of whatever nature (including consequential loss) which any grower may suffer or incur by reason of, or arising directly or indirectly out of the administration by Assured Produce or its employees or agents of the Scheme or the performance of their respective obligations in connection with the Scheme save to the extent that such, loss, damage charges, costs and/or expenses arise as a result of the finally and judicially determined gross negligence or wilful default of such person. 31 If any competent authority considers that any of the rules of the Scheme are unreasonable, then the rules shall be taken to be varied, in such a way as shall make them reasonable, but no other part of the rules shall be affected. 32 The rules of the Scheme represent the entire understanding between the growers and Assured Produced and each grower acknowledges that they have not relied upon any other statement (written or oral) in applying to join the Scheme. April 2008 final _____________________________________________________________________________________________________________________________________________________________ Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and omissions. ©AP Generic Guidance Notes April 2008 81