AP Generic Protocol Guidance Notes 2008-2009
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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
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Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and
omissions.
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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.
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Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and
omissions.
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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.
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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


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

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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.
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Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and
omissions.
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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.
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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.
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Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and
omissions.
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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.
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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
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AP Generic Protocol Guidance Notes 2008-2009
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Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and
omissions.
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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.
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Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and
omissions.
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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.
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Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and
omissions.
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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.
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Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and
omissions.
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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
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Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and
omissions.
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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
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Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and
omissions.
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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
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Although every effort has been made to ensure accuracy, Assured Produce does not accept any responsibility for errors and
omissions.
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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
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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
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___________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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.
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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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
 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
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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
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‘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
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omissions.
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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.
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omissions.
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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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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.
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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
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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
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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.
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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
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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?
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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)
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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

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.
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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
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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.
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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
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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: -
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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
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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
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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)
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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
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_____________________________________________________________________________________________________________________________________________________________
(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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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
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_____________________________________________________________________________________________________________________________________________________________
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