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The Plant Protection Products (Sustainable Use) Regulations 2012
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- UK Statutory Instruments
- 2012 No. 1657
- Regulation 9
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Requirements for sales and purchases of plant protection productsU.K.
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9.—(1) Subject to Schedule 1 (exemption for micro-distributors), distributors who sell to end-users must ensure that sufficient staff holding specified certificates are available at the time of the sale of plant protection products to provide adequate information to customers as regards use, health and environmental risks and safety instructions to manage those risks for the products in question.
(2) This regulation does not oblige any distributor to employ staff, but any distributor to which the exemption for micro-distributors in paragraph 1 of Schedule 1 does not apply and who does not employ staff must hold a specified certificate.
(3) Schedule 1 has effect.
(4) Distributors who sell plant protection products to persons other than professional users must provide general information regarding the risks for human health and the environment of plant protection product use, in particular on hazards, exposure, proper storage, handling, application and safe disposal in accordance with [F1retained EU law] on waste, as well as regarding low-risk alternatives.
[F2(4A) For the purposes of paragraph (4), “retained EU law on waste” in relation to Northern Ireland includes any European Union legislation on waste which has effect in Northern Ireland by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.]
(5) A person (P) must not purchase, or cause another person to purchase, a professional product for use by any individual (including P) unless that individual holds a specified certificate or, if that individual does not hold a certificate, either of the conditions set out in paragraph (6) is satisfied.
(6) The conditions referred to in paragraph (5) are—
(a)where a professional product is purchased for use by P, P intends to work under supervision; or
(b)where a professional product is purchased for use by an individual other than P, P must reasonably believe that such an individual will use that product under supervision.
(7) In this regulation, “professional product” means a plant protection product authorised for professional use.
Textual Amendments
F1Words in reg. 9(4) substituted (31.12.2020) by The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), regs. 1(4), 14(3); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 9(4A) inserted (31.12.2020) by The Pesticides (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1376), regs. 1(2), 8(2)
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