SCHEDULE 5Classification provisions for preparations intended to be used as pesticides
Interpretation1
A pesticide means a preparation designed—
a
to destroy organisms harmful to plants or to plant products or to protect plants and plant products from such organisms;
b
to improve or regulate plant production, with the exception of a fertiliser and a soil conditioner;
c
to preserve plant products except—
i
a wood preservative which does not contain preservatives which penetrate into the wood, or
ii
a food preservative to which the Preservatives in Food Regulations (Northern Ireland) 198057 apply;
d
to destroy undesired plants;
e
to destroy parts of plants or to prevent undesired growth; or
f
to render harmless or to destroy, or to give protection against, any nuisance or harmful animals or insect pests and to control organisms with harmful or unwanted effects on water systems, buildings or other structures, or manufactured products.
Classification as very toxic, toxic or harmful2
1
A preparation intended for use as a pesticide shall be classified as very toxic, toxic or harmful if its toxicity as determined by an internationally recognised test method in accordance with sub-paragraph (2) is within the range for that classification set out in the Table.
Classification | LD50 absorbed orally in rat, mg/kg | LD50 absorbed percutaneously in rat or rabbit mg/kg | LC50 absorbed by inhalation in rat, mg/litre (4 hours) | ||
|---|---|---|---|---|---|
Solids other than baits and tablets | Liquids and bait preparations and pesticides in tablet form | Solids other than baits and tablets | Liquids and bait preparations and pesticides in tablet form | Gases, liquefied gases, fumigants and aerosols, powders having particle diameter ≤ 50 microns | |
Very toxic | ≤ 5 | ≤ 25 | ≤ 10 | ≤ 50 | ≤ 0.5 |
Toxic | > 5 to 50 | > 25 to 200 | > 10 to 100 | > 50 to 400 | > 0.5 to 2 |
Harmful | > 50 to 500 | > 200 to 2000 | > 100 to 1000 | > 400 to 4000 | > 2 to 20 |
2
Subject to sub-paragraphs (3) and (4), a pesticide shall be classified as very toxic, toxic or harmful by carrying out toxicity tests on the pesticide in the form in which it is intended to be used and these tests shall be suitable having regard to the nature and intended method of use of the pesticide and in particular—
a
in the case of pesticides which can be absorbed through the skin, the percutaneous LD50 value shall be used where it is such that it would place a pesticide in a more restrictive class than the oral LD50 value or the inhalation LD50 value; and
b
in the case of gases, liquefied gases, fumigants and aerosols and powders in which the diameter of the particles does not exceed 50 microns, the inhalation LC50 values shall be used.
3
In a case where a preparation to which this Schedule applies—
a
contains only one active ingredient;
b
the toxicity of that active ingredient is known; and
c
there are valid grounds for believing that the toxicity determined on the basis of a calculation carried out in accordance with this sub-paragraph would not differ substantially from the toxicity determined by biological testing carried out in accordance with sub-paragraphs (1) and (2), the toxicity of the preparation may be calculated in accordance with the formula—
where
L is the oral toxicity (LD50) of the active ingredient and C its concentration as a percentage by weight and in this sub-paragraph where the active ingredient is listed in Column 1 of Part VI of the approved supply list, its toxicity shall be taken as the conventional LD50 value given in the corresponding entry in Column 2 of that Part.
4
Account shall also be taken of any fact which suggests that—
a
the preparation in normal use involves a risk to human health;
b
the preparation is less toxic or harmful than its ingredients seem to indicate; or
c
in relation to a particular preparation, the rat is not the most suitable animal for testing.
5
In relation to a preparation intended for use as a pesticide, classification other than as very toxic, toxic or harmful shall be carried out in accordance with the provisions of regulation 5(5).