The Plant Protection Products (Scotland) Regulations 2003

Prohibitions

3.—(1) No person shall place on the market any plant protection product unless–

(a) it has been approved under regulation 5, 7, 8 or 11 or an equivalent provision; and

(b) it is placed on the market in accordance with any requirement or condition which is specified in the approval.

(2) No person shall use any plant protection product unless–

(a) it has been approved under regulation 5, 7, 8 or 11 or an equivalent provision;

(b) it is used in accordance with any requirement or condition which is–

(i) specified in the approval or in any extension of use granted under regulation 10 or an equivalent provision; or

(ii) required by the approval or extension of use to be on the labelling;

(c) it is used in accordance with the principles of good plant protection practice; and

(d) whenever possible, it is used in accordance with the principles of integrated control.

(3) No person shall place on the market any new active substance unless–

(a) that active substance is included in Annex I; or

(b) an application (which has not yet been decided in accordance with the procedure in Article 19) has been made for the inclusion of that active substance in Annex I.

(4) Paragraphs (1), (2) and (3) above shall not apply to any plant protection product or active substance which is approved under regulation 9 or an equivalent provision.

(5) Nothing in this Regulation shall impede the production, storage or movement within Scotland of a plant protection product intended for use in an EEA State other than the United Kingdom, provided that–

(a) the product is authorised by the competent authority of that EEA State for use in that EEA State; and

(b) the inspection requirements laid down by that EEA State in order to ensure compliance with Article 3(1) are satisfied.

(6) Any person who contravenes or causes or permits any person to contravene paragraph (1), (2)(a) or (b) or (3) above shall be guilty of an offence.