Pesticides (General
Provisions) (Jersey) Order 1991[1]
THE ECONOMIC
DEVELOPMENT COMMITTEE, in pursuance of Articles 4 and 17 of the Pesticides
(Jersey) Law 1991 having had regard to
the interests of persons supplying information for the purposes of Article 6
of the Law and after consultation with the Employment and Social Security Committee,
orders as follows –
Commencement [see endnotes]
1 Interpretation
In this Order, unless the
context otherwise requires –
“active ingredient”
means a component of a pesticide which fits it for use as a pesticide;
“adjuvant” means a substance, other than water, without
significant pesticidal properties, which enhances or is intended to enhance the
effectiveness of a pesticide when it is added to that pesticide;
“approval” means
an approval given by the Minister under Article 4 in relation to a
pesticide;
“approved
certificate of competence” means a certificate of competence approved by
Act of the Minister;
“evaluation”
means a written evaluation of study reports or other data examined in the
course of an appraisal by the Minister of a pesticide in relation to which
approval is sought;
“experimental permit”
has the meaning assigned to it by Article 4(2)(a);
“full approval”
has the meaning assigned to it by Article 4(2)(c);
“Law” means
the Pesticides
(Jersey) Law 1991;
“metal working fluid”
means any fluid used to facilitate the cutting, drilling, forming or machining
of metal;
“micropropagation”
means the growth of plantlets from tissue culture or small parts of a plant in
culture solution and under conditions which are sterile apart from the presence
of that plant;
“mycoplasma”
means a genus of organisms which have a unit membrane without a rigid cell wall
and are highly pleomorphic, having no independent form or spore stage in the
life cycle;
“novel food”
means any food or food ingredient produced from raw material which hitherto has
not been used for human consumption or has been so used only in small amounts,
or produced by new or extensively modified processes not previously used in the
production of food;
“paint”
includes surface coatings;
“provisional
approval” has the meaning assigned to it by Article 4(2)(b);
“sell”
includes offer or expose for sale or have in possession for sale, and “sale”
shall be construed accordingly;
“standard condition”
means a condition specified in Schedule 1, 2 or 3;
“supply”
includes offer to supply;
“soil sterilant”
means a substance used to control harmful organisms in soil or compost.
2 Application
(1) Subject
to the provisions of this Article, this Order applies to pesticides and to any
substance, preparation or organism prepared or used for any of the following
purposes –
(a) protecting
plants or wood or other plant products from harmful organisms;
(b) regulating
the growth of plants;
(c) giving
protection against harmful creatures;
(d) rendering
such creatures harmless;
(e) controlling
organisms with harmful or unwanted effects on water systems, buildings or other
structures, or on manufactured products;
(f) protecting
animals against ectoparasites,
as if it were a pesticide.
(2) This
Order does not apply to –
(a) organisms
other than bacteria, protozoa, fungi, viruses, and mycoplasmas, used for
destroying or controlling pests;
(b) substances
whose use or sale within Jersey is controlled under any of the following
enactments –
Poisons (Jersey)
Law 1952;
Food Safety (Jersey)
Law 1966,
when those substances
are used or sold for the purpose over which control under that enactment is
exercised;
(c) substances
prepared or used for the purpose of disinfecting, bleaching or sterilizing any
substance (including water), other than soils, compost or other growing medium;
(d) substances
used in laboratories for the purpose of the micropropagation of plants or
substances used in the production of novel food;
(e) substances
designed and used for –
(i) the stimulation
of the growth of plants, excluding materials which act as plant growth
hormones, or which mimic the action of such materials,
(ii) the
modification of micro-biological processes in soil, excluding soil sterilants,
(iii) assistance
in the anaerobic fermentation of silage;
(f) pesticides –
(i) used in adhesive
pastes, decorative paper or textiles,
(ii) intended
solely for exportation from Jersey,
(iii) used
as part of a manufacturing process, other than for the purpose of preserving
timber or timber products or in the production of food,
(iv) used
in preparations intended for topical application to human beings for the
purpose of repelling insects,
(v) used in metal working
fluids,
(vi) used
in paint,
(vii) used in
water supply systems or in swimming pools.[2]
(3) Notwithstanding
paragraph (2)(f)(iii) and (vi), “pesticides” in paragraph (1)
shall include paints used to prevent the fouling of the hulls of vessels or
structures below the waterline, or applied to nets, floats or other apparatus
used in the cultivation of fish.
3 Prohibitions
(1) No
person shall advertise a pesticide unless –
(a) the Minister
has given a provisional or full approval under Article 4 in relation to
that pesticide; and
(b)
(i) any
conditions of the approval related to advertisement, and
(ii) the
standard conditions regulating advertisement specified in Schedule 1,
have been complied with.
(2) No
person shall sell a pesticide unless –
(a) the Minister
has given a provisional or full approval under Article 4 in relation to
that pesticide; and
(b)
(i) any
conditions of the approval related to sale, and
(ii) the
standard conditions regulating sale specified in Schedule 2,
have been complied with.
(3) No
person shall supply a pesticide unless –
(a) the Minister
has given an approval under Article 4 in relation to that pesticide; and
(b)
(i) any
conditions of the approval related to supply, and
(ii) the
standard conditions regulating supply specified in Schedule 2,
have been complied with.
(4) No
person shall store a pesticide unless –
(a) the Minister
has given an approval under Article 4 in relation to that pesticide; and
(b)
(i) any
conditions of the approval related to supply, and
(ii) the
standard conditions regulating storage specified in Schedule 2,
have been complied with.
(5) No
person shall use a pesticide unless –
(a) the Minister
has given an approval under Article 4 in relation to that pesticide; and
(b)
(i) any
conditions of the approval related to use, and
(ii) the
standard conditions regulating use specified in Schedule 3,
have been complied with.
4 Approvals
(1) Subject
to the provisions of this Article, the Minister may give his or her approval in
relation to a pesticide of any description.
(2) The
Minister’s approval may be given in relation to a pesticide in the form
of –
(a) an
experimental permit to enable testing and development to be carried out with a
view to providing the Minister with safety and other data;
(b) a
provisional approval for a stipulated period with a view to satisfying the Minister’s
outstanding data requirements; or
(c) a
full approval, for an unstipulated period.
(3) Each
approval may authorize the supply, storage and use of the pesticide to which it
relates and a provisional approval or a full approval may in addition authorize
the advertisement and sale of that pesticide.
(4) An
approval may be given subject to conditions imposed when or after it is given.
(5) The
Minister may at any time –
(a) review,
revoke or suspend an approval;
(b) amend
the conditions of an approval.
5 Seizure
or disposal of pesticides
(1) If
there has been a breach in relation to any pesticide, of any of the specified
prohibitions imposed by Article 3, or of a condition of an approval, or of
a standard condition, the Minister shall have power –
(a) to
seize or dispose of the pesticide or to require that some other person shall
dispose of it;
(b) to
seize or dispose of anything treated with the pesticide or to require that some
other person shall dispose of any such thing;
(c) to
direct some other person to take such remedial action as appears to the Minister
to be necessary as a result of the contravention.
(2) If
any pesticide has been imported into Jersey in contravention of any of the
specified prohibitions imposed by Article 3, or of a condition of an
approval or of a standard condition, the Minister may require that it shall be
removed out of Jersey.
6 Release
of information to the public
(1) Upon
the giving of a provisional approval or of a full approval or following the
amendment of the conditions of an approval, the Minister may, at the request of
any person, make available to him or her for inspection, on such conditions as the
Minister may determine, an evaluation of the pesticide in relation to which
that approval was given or those conditions were amended.
(2) If
a person satisfies the Minister that an evaluation made available to him or her
for inspection under paragraph (1) gives insufficient information for his
or her purposes, the Minister may make available for his or her inspection at
such times and on such conditions as may be determined by the Minister, the
study reports (or other data) supplied in support of an application for the
approval.
(3) A
copy of an evaluation or study report may be furnished by the Minister on
payment of such fee as the Minister considers to be reasonable.
(4) No
person to whom an evaluation or a study report has been made available by
virtue of paragraph (1), (2) or (3) shall make any commercial use of the
information contained therein nor, unless authorized in writing by the Minister
so to do, publish any of the contents of that evaluation or study report.
7 Citation
This Order may be cited
as the Pesticides (General Provisions) (Jersey) Order 1991.
SCHEDULE 1
(Article 3(1))
STANDARD CONDITIONS
REGULATING ADVERTISEMENT OF PESTICIDES
1. An
advertisement shall relate only to such uses of a pesticide as are permitted by
the approval given in relation to that pesticide.
2. No
advertisement shall contain any claims for safety in relation to the pesticide
advertised which is not permitted on the label for that pesticide.
3. Any
printed, pictorial, broadcast or recorded advertisement other than a notice at
the point of sale intended to draw attention solely to product name and price,
whether contained in a leaflet, poster, newspaper, magazine or other
periodical, including an advertisement diffused through any broadcast or
recorded medium, shall include –
(a) a statement of the active ingredient of each
pesticide mentioned in the advertisement, such statement being the name by
which the active ingredient is identified in the approval given in relation to
the pesticide in which it is contained, except that any price list consisting
only of an indication of product availability and price need not state the
active ingredients of each pesticide and that any advertisement of a range of
pesticides need only state the active ingredients of those individual products which
are identified by name;
(b) a
general warning as follows –
“Read the label
before you buy: Use pesticides safely”; and
(c) where
required by a condition of the approval given in relation to a pesticide
mentioned in the advertisement, a statement of any special degree of risk to
human beings, creatures, plants or the environment.
4. Any
statement or warning given under Condition 3 shall be clearly presented –
(a) in
the case of a printed or pictorial advertisement, separately from any other
text; and
(b) in
the case of a broadcast or recorded advertisement, shown or spoken separately.
SCHEDULE 2
(Article 3(2), (3)
and (4))
STANDARD CONDITIONS
REGULATING THE SALE, SUPPLY AND STORAGE OF PESTICIDES
1. It
shall be the duty of every employer to ensure that a person in the
employer’s employment who may be required to sell, supply or store a
pesticide during the course of that employment, is provided with such
instruction and guidance as is necessary to enable that person to comply with
the requirements of the Law, the Orders made thereunder and any Code of
Practice issued by the Minister under Article 7 of the Law.
2. Any
person who sells, supplies or stores a pesticide shall –
(a) take all reasonable precautions,
particularly with regard to storage and transport, to protect the health of
human beings, creatures and plants, to safeguard the environment, and in
particular avoid the pollution of water; and
(b) be
competent for the duties which he or she is called upon to perform.
3. No
person shall sell or supply an approved pesticide other than in the container
supplied for that purpose by the holder of the approval of that pesticide, and
under a label approved by the Minister.
4. No
person shall store for the purpose of sale or supply a pesticide approved for
agricultural use in a quantity in excess of, at any one time, 200 kg or 200 litres
or a similar mixed quantity unless he or she has obtained an approved
certificate of competence, or he or she stores that pesticide under the direct
supervision of a person who holds such a certificate.
5. No
person shall sell or supply a pesticide approved for agricultural use unless he
or she has obtained an approved certificate of competence, or he or she sells
or supplies that pesticide under the direct supervision of a person who holds
such a certificate.
6. In
Conditions 4 and 5, “a pesticide approved for agricultural use”
means a pesticide which does not have methyl bromide as an active ingredient
and for which the approval provides that it may be used –
(a) for
the purposes of agriculture, horticulture (including amenity horticulture) or
forestry;
(b) in or
near water (not being a product for amateur, public hygiene or anti-fouling
use); or
(c) as an
industrial herbicide.
SCHEDULE 3
(Article 3(5))
STANDARD CONDITIONS REGULATING
USE OF PESTICIDES
1. It
shall be the duty of every employer to ensure that any person in his or her
employment who may be required to use a pesticide during the course of that
employment, is provided with such instruction and guidance as is necessary to
enable that person to comply with the requirements of the Law, the Orders made
thereunder and any Code of Practice issued under Article 7 of the Law.
2. Any
person who uses a pesticide shall take all reasonable precautions to protect
the health of human beings, creatures and plants, to safeguard the environment,
and in particular to avoid pollution of water.
3. No
person shall use a pesticide in the course of his or her business or employment
unless he or she has received adequate instructions and guidance in the safe,
efficient and humane use of pesticides and is competent for the duties which he
or she is called upon to perform.
4. No
person shall combine or mix for use 2 or more organophosphorus pesticides or an
organophosphorus pesticide and a carbamate pesticide unless the approved label
of at least one of the pesticide products states that the intended mixture may
be made; and no person shall combine or mix for use 2 or more pesticides if all
the conditions of approval relating to this use cannot be complied with.
5. No
person shall use a pesticide in conjunction with an adjuvant except in
accordance with the conditions of the approval given originally in relation to
that pesticide or as varied subsequently by lists of authorized adjuvants published
by the Minister.
6. No
person shall use in the course of a commercial service a pesticide approved for
agricultural use, unless –
(a) he or she has obtained an approved
certificate of competence; or
(b) he or
she uses the pesticide under the direct and personal supervision of a person
who holds such a certificate; or
(c) he or
she uses it in accordance with an approval which provides that –
(i) it may be used
for one or more of the following purposes –
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animal husbandry,
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amateur gardening,
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vertebrate control,
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food storage treatment, or
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public hygiene (including
nuisance control), or
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(ii) it
may be used –
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for general domestic purposes,
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as a wood preservative,
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as an anti-fouling paint, or
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as a masonry or other (as
specified by the Minister) industrial biocide.
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7. No
person shall use a pesticide approved for agricultural purposes unless –
(a) he or
she has obtained, by such date as the Minister may specify, either in relation
to that person or to any class of persons to which he or she belongs, an
approved certificate of competence;
(b) he or
she uses the pesticide under the direct and personal supervision of a person
who holds such a certificate;
(c) in
the case of any area of land not exceeding one vergée, he or she has
obtained a permit from the Minister; or
(d) he or
she uses it in accordance with an approval, if any, for one of the purposes
listed under Condition 6(c).
8. In
these Conditions –
(a) “adjuvant”
includes products which are extenders, and sticking agents, and adjuvant oils;
(b) “commercial
service” means the application of a pesticide by a person –
(i) to crops, land,
produce, materials, buildings or the contents of buildings not in his or her or
his or her employer’s ownership or occupation, and
(ii) to
seed, other than seed intended solely for use by that person or his or her
employer;
(c) “pesticide
approved for agricultural use” means a pesticide which does not have
methyl bromide as an active ingredient and for which the approval provides that
it may be used –
(i) for the purposes
of agriculture, horticulture (including amenity horticulture) or forestry,
(ii) in
or near water (not being a product for amateur, public hygiene or anti-fouling
use), or
(iii) as an
industrial herbicide.