Health and Safety Executive Health and Safety Executive Chemicals Regulation Directorate Paul Adamson Compliance Enforcement Team Leader

Overview HSE & Enforcement –Legislation & Agency Agreement –NPET &FOD CRD Compliance –Legislation –Residues Cases –RPA & Cross Compliance

HSE & Enforcement HSE - HASWA & the Enforcement Landscape –Enforcement Policy Statement –Local Authorities & Others –NPET & FOD HSE Agency Agreement with DEFRA, Scottish & Welsh Ministers –No enforcement in Scotland

UK Competent Authorities The Health and Safety Executive and within HSE the Chemicals Regulation Directorate has Competent Authority responsibility under Regulation (EC) No 1107/2009 for –authorisations & permits; –monitoring (residues, formulations, labelling); and –Enforcement (England and Wales) Local Authorities and other organisations (ORR) also have responsibilities for PPP enforcement

Chemicals Regulation Directorate Compliance Team Provides operational support to network of warranted HSE inspectors - National Pesticides Enforcement Team (NPET) National & International Co-operation Compliance team – Authorised Persons has a –Front line role –Proactive & Reactive –Undertakes site visits and able to issue notices

UK legislation The Plant Protection Products Regulations 2011 SI 2131 –Implements enforcement powers (including prosecution) and penalties for breaches of Regulation (EC) No. 1107/2009 The Plant Protection Products (Sustainable Use) Regulations 2012 –Implements the SUD Directive 2009/128 and provides for enforcement & penalties

UK Legislation - Penalties Both PPPR 2011 and PPP(SU)R 2012 create criminal offences and carry the same penalties for breaches: –On summary conviction (lower court) a maximum of £5,000 per offence –On conviction on indictment (higher court) an unlimited fine –No custodial sentence available Other enforcement options are available

UK Enforcement Powers Under UK PPP legislation authorised persons are able to: –Enter premises, Conduct searches –Copy records, including computer records & take photographs –Issue notices –Seize product or anything treated with product No power of arrest, only question suspects with their consent

Enforcement Powers - Seizures HSE/CRD is able to seize illegal pesticide and where necessary produce treated with such products UK authorities may dispose of seize products and recover costs or require other remedial action

Enforcement Powers and Capabilities False Declarations/Obstruction –where evidence of these they provide a basis for: Prosecution Withdrawal of Permit/Authorisation Analysis –Dedicated laboratory facilities able to undertake product and residue analysis

UK Enforcement Activities Plant Protection Products –Expired –Counterfeit –Out of specification –Illegal Use –MRL breach –Illegal Storage 60 – 120 reports per year –Advice –Notices –Prosecution

Residues Cases Compliance receives these from PRiF Secretariat –Usually 12 weeks after sample collection –Sample usually retail Compliance initial Consideration –Identify Origin –Consider known Issues –Initial investigation Records - Article 67 & Food & Feed Regs

Enforcement Action Field Investigation –Either compliance or NPET (Warranted) –Evidence gathering Additional sampling / analysis Statements Records (delivery / purchase) Decision & Prosecution –Evidential test –Public Interest Test

Problems / Issues Elapsed Time Traceability Non-UK origin Known analytical / cropping issues MRL vs illegal Use

Compliance Cases Q to date Holland –thiamethoxam in lettuce from legitimately treated seed France & Spain –Supposedly UK grown but actually not the case Cases OriginActualTotal MultipleUnknown1 Multiple Total1 Non-UKFrance1 Holland20 Northern Ireland1 Spain3 Unknown3 Non-UK Total28 UK(blank)26 UK Total26 Grand Total55

Analytical & Other Issues Tail End Product Use –Legal at time of use – illegal at time of analysis Breakdown Product –ethirimol – breakdown product from legitimate bupirimate use Environmental Uptake –Some crops are known to accumulate residues from historic use (dieldrin in courgettes) Spray Drift Analytical problem –folpet & captan

Prosecutions Mr X (2006) –tecnazene on potatoes –notices and seizure – no prosecution Mr Y (2010) –tecnazene on potatoes –treated potatoes exported to Russia –guilty plea (£2250 fine) Mr Z (2012) –amitraz (Pears) –guilty plea £6500 fine

RPA & Cross Compliance MRL Breach Cases –Initial Investigation RPA Role –Cross Compliance – SMR 9 Plant Protection Products 1% of Single Farm Payment Claimants