Comment
and pass it on to Trading Standards if it is appropriate.
Trading Standards will then decide whether to investigate your problem. If they do, they might contact you for more information and evidence. Depending on what they find out, they might take action to stop the trader from acting unfairly. For example, they might educate the trader about the law or take legal action against them to stop them from trading completely.
Response to our original enquiry:
The Trading Standards Officer was unclear as to the regulatory controls that apply to the products, and also admitted that he hadn’t known that this fell within the Trading Standard’s remit. He then sought HSE’s advice, so we had already gone full circle there. They eventually got back to him with the above answer.
Response to our article: No response as yet.
“ The Amenity Forum
“The Amenity Forum is a UK based, industry led body for the promotion of ‘best practice’ principles within the amenity sector when using pesticides, herbicides, fungicides, insecticides, algaecides and other products to control pests and diseases in this diverse sector.”
- The Amenity Forum is the “voluntary initiative” for the amenity sector:
- To be the collective body representing the amenity sector
- To lead, encourage and coordinate ‘Best Practice’
- To coordinate and encourage training and CPD activity
- To organise activities within the Amenity Forum membership
Response to our original enquiry:
They acknowledged that this was a growing issue and told us of their intention to discuss this particular matter with CRD.
Response to our article:
“As you will be aware, the issues raised in your article have been and continue to be investigated by CRD, the appropriate and proper body to do this.”
“The Amenity Forum promotes best practice and provides guidance on internet selling and appropriate practice. It of course does not approve of any form of mis-selling and, if made aware of such, would always advise those bringing the complaint, to refer matters in full to HSE for investigation.”
50 I PC FEBRUARY/MARCH 2016
One thing that strikes me when reading any information on the website is how unintelligible and vague everything is, as if somebody is deliberately trying to be ambiguous
So, in summary, is it the CRD that handles these enquiries?
Are they solely responsible for policing the misuse and mis-selling of pesticides? Great if they are, but why could I not get in contact with them directly? And, if they are, why have we had to go from pillar to post because nobody in the industry seems to know what is within their remit? I have recently heard navigating through the CRD’s pages on the HSE website described by a colleague as “wading through treacle”. One thing that strikes me when reading any information on the website is how unintelligible and vague everything is, as if somebody is deliberately trying to be ambiguous.
Also, why have different responses come through from HSE/CRD when contacted by different people on the same issue? They seem to be investigating it when Amenity Forum ask them to, they reply in full to the Trading Standards Officer, but tell us that “Your enquiry does not fall within HSE’s enforcement remit, so we are unable to comment on the matters you raise.” If they are, indeed, there to reinforce the legislation, a great deal more clarity is needed, and a consistency in their replies would certainly make less of a mockery of the system.
It’s not just us that notices the lack of enforcement. I have been contacted by a number of people in a variety of roles in the industry, and it is worrying when you hear some of the stories that get told.
For example, one such conversation drew attention to the fact that a certain golf club was using the herbicide ‘Laser’ all over their course. Those of you in the know will know that Laser is used mostly in agriculture, but has an Extension of Authorisation for minor use on golf course rough, but only to be applied in the autumn. When queried on why they were using it all over, the groundsman stated that it was cheaper and “Who’s going to know?” Worrying, I am sure you will agree… especially as I am sure the rules for use of this product are there for a reason.
The Crop Protection Association (CPA) has very recently brought up the original article
for discussion in one of their regular CPA Amenity Group meetings. Daniel Lightfoot from Syngenta, a member of the CPA, spoke to me about the frustrations of spending so much time and money jumping through hoops with regulatory procedures, when cases of mis-selling and misuse were still happening.
Following the meeting, I spoke to Adam Speed, Communications Manager of the CPA. He told me: “The responsible use of pesticides is our highest priority and, therefore, the industry is rightly concerned at the misuse and mis-selling of pesticides. As an industry group, we are keen to ensure the continued sustainability of pesticides in the UK amenity market. We are an active supporter of the Amenity Forum which promotes the safe and environmentally friendly use of pesticides and provides best practice guidance to distributors and suppliers, both in-store and online, so that pesticides approved for professional use are sold only to users that can demonstrate a high degree of competence, observing the standards laid down in UK Regulations.”
He also said, “Incidences of pesticide misuse are policed through a thorough system of enforcement. Responsibility for enforcement is shared between the Health and Safety Executive (HSE) and local authorities. Incidents are investigated by officers from the relevant government departments or the local authority, depending on the type of incident.”
This, again, would be clear and useful if it were the case. Unfortunately, we have yet to witness this in practice. Although with groups such as the CPA Amenity Group “working with key industry partners and the Amenity Forum to ensure the highest standards in the amenity sector, both in terms of the safe and environmentally friendly use of pesticides and in the sale and storage of professional and non-professional products,” perhaps this will eventually become the case.
Or will it always be a case of “too many cooks”? As much as it would be a weight off all of our minds to believe that, behind the scenes, there are actually the correct and functioning systems in place to police the mis-selling and misuse of pesticides, the actions of these authorities has not instilled us with much confidence.
It is not just enough to say the legislation and enforcement is there, somebody will have to start acting in order to convince users and sellers of pesticides that, if they misuse or mis-sell these potentially dangerous products, the legislation will be enforced, and not only when a major incident has happened, but to prevent it from happening.
STOP PRESS: As we were going to press we had notification of banned PPP being promoted and sold by a recognised industry company. HSE were immediately notified. There response was “this does not fall within our remit”, which is frustrating in the extreme, given the above.
Updates will appear on the Pitchcare website as they become available.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123 |
Page 124 |
Page 125 |
Page 126 |
Page 127 |
Page 128 |
Page 129 |
Page 130 |
Page 131 |
Page 132 |
Page 133 |
Page 134 |
Page 135 |
Page 136 |
Page 137 |
Page 138 |
Page 139 |
Page 140 |
Page 141 |
Page 142 |
Page 143 |
Page 144 |
Page 145 |
Page 146 |
Page 147 |
Page 148