The Control of Pesticides Regulations 1986

Scope

3.—(1) Subject to the following provisions of this regulation, these regulations apply 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) These regulations do 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 the United Kingdom is controlled under any of the following enactments—

• Medicines Act 1968;

• Agriculture Act 1970 Part IV;

• Food Act 1984;

• Food and Drugs (Scotland) Act 1956;

• The Cosmetics Products (Safety) Regulations 1984;

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 sterilising 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 the United Kingdom;

(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.

(3) Notwithstanding sub-paragraph (2)(f)(iii) and (vi) above, “pesticides” in paragraph (1) above 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.