Penalties for breaching new pesticide rules for grassland farmers

Over the next three years grassland farmers will have to adhere to new rules governing professional pesticide use as part of the EU’s Sustainable Use Directive (SUD).

Those who fail to meet new compliance standards could face penalties in the future, such as reductions in Single Farm Payments (SFP) likely to be introduced by 2019, experts warned.
The changes were outlined recently in a directive briefing at the Farmers Club, London,.

They include:

• During 2014 farmers must complete voluntary integrated pest management (IPM) plans to demonstrate they are considering different ways of controlling weeds and are reviewing practices.
• From 26 November 2015 anyone applying professional pesticide products must have a recognised certificate. Previously anyone born before 31 December 1964 was exempt from this ruling under grandfather rights, however under the SUD they too will require a Certificate of Competence.
• By 26 November 2016 all application equipment must be tested under the national sprayer testing scheme (NSTS) by a suitably qualified person and must have an NSTS Certificate. Handheld or knapsack sprayers are exempt.

Farmers currently exempt under grandfather rights have two options in order to obtain the necessary qualification.

They can either take the City and Guilds NPTC Level 2 award in the Safe Use of Pesticides Replacing Grandfather Rights or they can take the existing Level 2 qualification PA1 and PA2 for ground crop spraying or PA1 and PA6 for handheld applications.

However Chris Sprigg from Agrovista, who represents the Agricultural Industries Confederation (AIC), warned that under the new rule the onus would lie with the purchaser of pesticides to ensure the person applying the product has the relevant qualifications.

Farmers and growers must also keep records of applications for up to three years. For example, such records will have to specify the product used, rate of application, area sprayed, operator and weather conditions.

Storage of pesticides will also come under increasing scrutiny and growers and farmers will have to ensure they make every effort to prevent pesticide spill.

“The general requirement of SUD is for farmers to take reasonable precautions to prevent unwanted release of pesticides,” added Mr Sprigg.

He said farmers needed to be compliant with the Agricultural Information Sheet 16 guidance, available through the HSE website.

Speaking on behalf of the Voluntary Initiative (VI), Patrick Goldsworthy said the changes were “the most significant piece of legislation to affect UK farmers for 25 years” and would ensure a level playing field in the EU.

He insisted the UK was “extremely well-placed” to cope with the changes due to the high standards already practised by many.

However, he said the changes would have the biggest impact on livestock farmers, who “needed to catch up” with the professionalism of arable farmers.

“I suspect in due course assurance schemes will pick up pesticides more thoroughly in their assessment,” he added.

Mr Goldsworthy said farmers failing to meet regulations could see reductions in SFP by 2019.

“So there are several reasons farmers need to make sure their house is in order,” he added.