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Quality Standards legislation
Although Trading Standards Officers in England and Wales
enforce a wide range of food standards related legislation,
it is not reproduced here.
If you have a food query please contact your local
authority.
 Introduction
Agriculture
Act 1970
Poisons
Act 1972
Food
and Environment Protection Act 1985 Part III
Introduction
Although perhaps not as wide an area as the rest of a
Trading Standards Officer's duties, Quality Standards play
a large part in our daily lives.
Much of this area relates to environmental controls, such
as registration for sellers of Part 2 poisons, and the sale
and use of pesticides.
Much is also important to local agenda 21 objectives for
local authorities to try to discover more sustainable ways
of using our local environment.
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Agriculture Act 1970
The Agriculture Act 1970 makes provision for several different
things, including flood protection warning systems, smallholdings,
and grant assistance, but the part which concerns Trading
Standards Officers is Part IV: Sections 66-87 Fertilisers
and Feeding stuffs.
This Part provides protection for purchasers of fertilisers
and feeding stuffs (including pet food). Sellers are under
an obligation to give a written statement called a statutory
statement containing prescribed information and instructions
for use. Provisions are also made as to enforcement of the
Act, sampling, analysis, and offences. For further information
you should contact your local trading
standards authority.
Section 66 provides for interpretation by giving definitions
of a number of terms for the purposes of the Act, for example:
- 'animal' includes any bird, insect or fish
- 'feeding stuff' means
- a product of vegetable or animal origin in its natural
state (whether fresh or preserved)
- a product derived from the industrial processing
of such a product; or
- an organic or inorganic substance, used singly or
in a mixture (and whether or not containing additives)
for oral feeding to pet animals and such descriptions
of animals as may be prescribed, being animals which,
or kinds of which, are commonly kept for the production
of food, wool, skins or fur or for the purpose of their
use in the farming of land
- 'fertiliser' means a fertiliser used for the cultivation
of crops or plants of any description, including trees
- 'fish' includes shellfish
Section 67 provides for enforcement and for the appointment
of inspectors and agricultural analysts.
In general it will be the local authority, in Scotland a unitary
authority, and in England a county council, metropolitan district
council, or London borough, or the health authority of the
Port of London.
Inspectors have to be appointed by the authority and in addition
an agricultural analyst has to have a prescribed qualification
(prescribed by Fertilisers and Feedingstuffs regulations 1991
and 1982 respectively)
Of course each authority does not have its own analyst and
provision is made for authorities to combine to provide enforcement.
Section 68 imposes a duty on the seller to give a statutory
statement
This statement must be in writing and will include details
of the nature, substance or quality of the product, the
percentage of certain ingredients, a name and address, mark
and/or batch number of the person responsible for the sale,
a statement of durability, the price, origin and related
matters. This prescribed information is contained in Schedule
1 to the Feeding Stuffs Regulations 1995 and Schedule 1
to the Fertilisers Regulations 1991.
The statutory statement must be given to the purchaser no
later than the time of delivery, however no statement is
required where the goods are a mixture of two or more materials,
mixed at the request of the purchaser before delivery to
him.
There are several offences in connection with the statutory
statement all of which carry a £5000 fine.
Section 69 requires that any of the information required
by section 68 must be marked on the material, or packaging,
while it is on the premises for the purpose of sale. This
must be done as soon as practicable after it is made ready
for sale, or if it is ready for sale when it comes on the
premises then as soon as practicable after it comes on the
premises.
The actual manner of marking must be as described by Schedule
2 of the Fertilisers Regulations 1991 and Regulation 6 of
the Feeding Stuffs Regulations 1995.
Section 70 covers the use of names or expressions with
prescribed meanings. Essentially if a prescribed name is
used to describe the material then it must conform to that
description, otherwise both civil and criminal liabilities
may arise.
Examples of prescribed names are :
Rock Phosphate
Basic slag
Mixed Lime
Sodium Nitrate
Urea
Section 71 covers particulars which must be given of certain
attributes if they are claimed to be present.
To date no attributes have been prescribed for this purpose,
false claims may give rise to action under the Trade Descriptions
Act 1968
Section 72 makes provision as to the warranty of fitness
of a feeding stuff.
Basically on the sale of any material for use as a feeding
stuff there shall be an implied warranty from the seller
that the material is suitable for that purpose.
This section is supplementary to the provisions of the Sale
of Goods Act 1979 (as amended)
Sections 73 and 73A deal with deleterious, unwholesome
or dangerous ingredients or material found in feeding stuff.
This section makes it an offence for any person to sell
a feeding stuff which is found, as a result of analysis,
to be unwholesome for, or deleterious or dangerous to animals,
or pet animals, or to human beings (through consumption
of products of an animal fed with the material).
Note that it is not necessary for any injury to have occurred
under this section, material may be found to be faulty after
random sampling and analysis.
Section 74 states that there will be no grounds for any
action as to any mis-statement on the product, if that mis-statement
is within any limits of variation allowed for the product.
Section 74A makes provision for regulations which control
the composition and content of fertilisers and feeding stuffs,
in the public interest. Regulations can also control the
marking of packages and prohibitions and restrictions on
importation are also allowed for.
Contraventions of this section give rise to an offence of
up to £5000.
Section 75 gives the purchaser of any fertiliser or feedingstuff
the right to have the material sampled by an inspector and
analysed by the agricultural analyst. The purchaser must
have taken delivery less than six months previously, and
must be able to supply the enforcement authority with all
relevant details and statutory statement. The enforcement
authority is under a legal obligation to respond to any
such request.
Section 76 prescribes powers of entry for inspectors,
and rights to take samples.
At all reasonable times an inspector may enter:
- any premises on which he has reasonable cause to believe
that there is any fertiliser or feeding stuff which is
kept there for the purpose of being sold in the course
of a trade or business and is ready for sale
- any premises (not being premises used solely as a dwelling)
on which he has reasonable cause to believe that there
is any fertiliser or feeding stuff which the occupier
of the premises has purchased
The inspector may also require persons to supply him with
details of any fertiliser or feeding stuff he has purchased.
Inspectors entering premises may take any persons and equipment
as may be necessary.
Section 77 covers the division of any sample taken in
the precribed manner, and specifies who should receive each
part.
The inspector:
- shall send one part to the agricultural analyst
- shall send another part
- where the sample was taken pursuant to the request
of a purchaser, to the seller, or his agent
- in any other case, if the person on whose premises
the sample was taken purchased the material in question
for use and not for resale, to the seller and otherwise
to the person on whose premises the sample was taken
- shall retain the remaining part
The inspector sends a copy of the statutory statement with
the sample and the analyst sends the result of the analysis
to the inspector, who is obliged in turn to send it to the
seller, or to the person on whose premises it was taken.
One complication to the sampling of feeding stuffs is that
they can also be taken under the Medicines Act 1968, if there
is a prescribed medicinal additive present. Procedures are
slightly different and the inspector must be aware of the
nature of the product before sampling commences
Section 78 provides that any remaining part of the sample
may be sent to the Government Chemist if there is any dispute
as to the result of the agricultural analyst's analysis.
Section 79 allows for supplementary provisions to be made
relating to samples and their analysis, for example as to
the handling and storage of the parts of the sample, and
the period within which analyses are to be carried out.
Regulations made under this section are the Fertilisers
(Sampling and Analysis) Regulations 1991, and the Feeding
Stuffs (Sampling and Analysis) Regulations 1982.
It is an offence under this section to tamper with any material,
such that the sample becomes unrepresentative, or to tamper
with any sample taken or submitted under Part IV.
Section 80 makes provision for the institution of proceedings
for any offence to be taken in the place where the accused
resides or carrys on his business.
Section 81 provides that where a person has committed
an offence due to the act or default of another person
, that other person shall be guilty of an offence,
whether or not any proceedings are taken against the first
named person.
Section 82 provides another defence of mistake or accident,
provided that the person accused can provide a due diligence
defence, namely that he took all reasonable precautions
and exercised all due diligence to avoid the commissioning
of the offence.
Section 83 stipulates that any inspector acting under
this Part must show written evidence of his authority if
asked to do so.
This section also provides for offences relating to obstruction
of inspectors, and for impersonation of inspectors.
Section 84 states that any regulations made under this
Part of the Act shall only be made after any consultations
by Ministers that might be appropriate, for example with
industry or professional associations.
Section 85 makes exemption from the Act for certain sales,
namely material for export, material which has not yet been
imported, the sale of material in exercise of a statutory
power, and where the sale is made by a sheriff or bailiff
to satisfy a writ.
Section 86 makes modifications to the Act for application
in Northern Ireland.
Section 87 describes commencement of this Part of the
Act, and any savings and amendments to other legislation.
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Poisons Act 1972
This Act consolidates certain enactments relating to poisons
and repeals the Pharmacy and Poisons Act 1933 insofar as
it applies to poisons, and various other statutes and parts
of statutes.
The Act controls the labelling, packaging and sale of poisons
which are mentioned in the Poisons List
and re-enacts the provisions of the Pharmacy and Poisons
Act 1933 in respect of the Poisons Board, the Poisons List,
the regulation of sales and labelling by virtue of the Poisons
Rules and provides for enforcement.
Farm and Garden Chemicals Act 1967
This Act, for which see 1 Halsbury's Statutes (3rd Edn)
577, provides for the labelling and marking of farm and
garden chemicals. The Act applies to substances, whether
organic or inorganic, having any of the following properties—
- destroying or repelling any insect, mite, mollusc,
nematode, fungus, bacterial organism, virus, or other
pest capable of destroying or damaging plants;
- directly or indirectly controlling the activity of,
or preventing or mitigating the harmful effect on plants
of, any such pest;
- destroying weeds;
- acting as a bird or animal repellent, plant growth regulator,
defoliant, desiccant or agent for thinning fruit or for
preventing the premature fall of fruit.
Regulations made under s 1 of the Act, namely the Farm and
Garden Chemicals Regulations 1967 (SI 1967 No 729), impose
requirements as to the labelling and packaging of farm and
garden chemicals falling within the above definitions; s 3
of the Act provides for penalties for breaches of the requirements
of the said regulations, and s 4 provides for evidence of
analysis of products where such analysis is required to prove
an offence. The provisions of the Food Safety Act 1990, are
applied to the Act in respect of certificates of analysis.
A poisonous substance falling within the Poisons List, and
therefore subject to the Poisons Act 1972, could also fall
within the definitions for the purposes of the Farm and Garden
Chemicals Act 1967. By virtue of the Interpretation Act 1978,
s 18 proceedings could be brought under either statute, but
it is submitted that where a substance is listed in the poisons
list, proceedings should be brought under the 1972 Act, and
the 1967 Act should be regarded as applying to substances
which do not appear in the Poisons List. The provisions of
both Acts and regulations made thereunder appear to be complementary.
Safety in the use of pesticides and herbicides
In addition to the statutory controls by virtue of these
Acts, certain voluntary and advisory schemes have been established
with a view to public safety in the use of potentially dangerous
chemicals in agriculture. Foremost amongst such schemes
is the Pesticides Safety Precautions Scheme operated jointly
between the Ministry of Agriculture, Fisheries and Food
and the Health and Safety Executive. The aim of the scheme
is to ensure that all possible dangers from the use of pesticides
are fully investigated and that the labels on containers
contain instructions for safe use before they are allowed
on the market.
The British Agrochemical Supply Industry Scheme Limited
(BASIS) is an independent registration scheme for distributors
of crop protection products cleared by the Pesticides Safety
Precautions Scheme other than rodenticides and wood preservatives.
The main aim is to improve standards of safety in the storage,
distribution and application of crop protection producers.
The Poisons List Order 1982
The Poisons List shall be amended and varied so as to
consist of the following substances only, that is to say—
- as to Part I of the List (substances which, where they
are non-medicinal poisons, and subject to the provisions
of the Poisons Act 1972, are not to be sold except by
a person lawfully conducting a retail pharmacy business),
of the substances specified in Part I of the Schedule
to this Order; and
- as to Part II of the List (substances which, where they
are non-medicinal poisons and subject to the provisions
of the Poisons Act 1972, are not to be sold except by
a person lawfully conducting a retail pharmacy business
or by a person whose name is entered in a local authority's
list), of the substances specified in Part II of the Schedule.
THE POISONS LIST
PART I
Aluminium phosphide
Arsenic; its compounds, other than those specified in Part
II of this list
Barium, salts of, other than barium sulphate and the salts
of barium speafied in Part II of this List
Bromomethane
Chloropcrin
Fluoroacetic acid; its salts; fluoroacetamide
Hydrogen cyanide; metal cyanides, other than ferrocyanides
and ferricynides
Lead acetates; compounds of lead with acids from fixed oils
[Magnesium phosphide]
Mercury, compounds of, the following-nitrates of mercury;
oxides of mercury; mercuric cyanide oxides; mercuric thiocyanate;
ammonium mercuric chlorides; potassium mercuric iodides;
organic compounds of mercury which contain a methyl (CH3)
group directly linked to the mercury atom
Oxalic acid
[Phenols (phenol; phenolic isomers of the following—cresols,
xylenols, monoethylphenols) except in substances containing
less than sixty per cent, weight in weight, of phenols;
compounds of phenols with a metal, except in substances
containing less than the equivalent of sixty per cent, weight
in weight, of phenols]
Phosphorus, yellow
Strychnine; its salts; its quaternary compounds
Thallium, salts of
PART II
Aldicarb
AIpha-chioralose
Ammonia
Arsenic, compounds of, the following—
Calcium arsenites
Copper acetoarsenate
Copper arsenates
Copper arsenites
Lead arsenates
Barium, salts of, the following—
Barium carbonate
Barium silicofluoride
Carbofuran
Cycloheximide
Dinitrocresols (DNOC); their compounds with a metal or a
base
Dinoseb; its compounds with a metal or a base
Dinoterb
Drazoxolon; its salts
Endosulfan
Endothal; its salts
Endrin
Fentin, compounds of
Formaldehyde
Formic acid
Hydrochloric acid
Hydrofluoric acid; alkali metal bifluorides; ammonium bifluoride;
alkali metal fluorides; ammonium fluoride; sodium silicofluoride
Mercuric chloride; mercuric iodide; organic compounds of
mercury except compounds which contain a methyl (CH3) group
directly linked to the mercury atom
Metallic oxalates
Methomyl
Nicotine; its salts; its quaternary compounds
Nitric acid
Nitrobenzene
Oxamyl
Paraquat, salts of
[Phenols (as defined in Part I of this List) in substances
containing less than sixty per cent, weight in weight, of
phenols; compounds of phenols with a metal in substances
containing less than the equivalent of sixty per cent, weight
in weight, of phenols]
Phosphoric acid
Phosphorus compounds, the following—
Azinphos-methyl, chlorfenvinphos, demephion, demeton-S-methyl,
demeton-S-methyl sulphone, dialifos, dichlorvos, dioxathion,
disulfoton, fonofos, mecarbam, mephosfolan, methidathion,
mevinphos, omethoate, oxydemeton-methyl, parathion, phenkapton,
phorate, phosphainidon, pirimiphos-ethyl, quinalphos, thiometon,
thionazin, triazophos, vamidothion
Potassim hydroxide
Sodium hydroxide
Sodium nitrite
Sulphuric acid
Thiofanox
Zinc phosphide
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Food and Environment Protection Act
1985 Part III
PESTICIDES etc
The objectives of this Part of the Act are:
- The continuous development of means to protect the health
of human beings, creatures and plants and to safeguard
the environment; and
- To make information about pesticides available to the
public.
For many years there has been concern about the effect that
the widespread use of pesticides may have been having on the
environment and, in particular, on the food consumed by animals
and human beings. This Act puts the existing non-statutory
control arrangements which have developed over the years on
a statutory basis. In addition, it brings the environmental
effects of pesticide use under comprehensive statutory control
for the first time. This Part of the Act provides Ministers
with power, by regulation or order, to control the import,
sale, supply, storage, use and advertisement of pesticides;
to set maximum pesticide residue levels in food, crops, and
feeding stuffs; to make information supplied in connection
with the control of pesticides available to the public; to
enforce these provisions, with powers of seizure, disposal
or remedial action; and to establish an advisory committee
on pesticides.
Section 16
Control of pesticides etc
This section defines the purposes of this Part of the
Act (sub-s (1)); provides for further interpretation in
respect of this Part of the Act (sub-ss (3) and (15)); and
empowers the Ministers to make regulations and Orders for
the purposes of the Act. New subsection 13A provides for
the recovery of expenses by the Ministers incurred by action
occasioned by a failure on the part of any person to comply
with regulations.
- The provisions of this Part of this Act shall have effect—
- with a view to the continuous development of means—
(i) to protect the health of human beings, creatures
and plants;
(ii) to safeguard the environment; and
(iii) to secure safe, efficient and humane methods
of controlling pests; and
- with a view to making information about pesticides
available to the public;
and references in this Part of this Act to the general
purposes of this Part of this Act are references to the
purposes mentioned in this subsection.
- The Ministers may jointly by regulations—
- impose the specified prohibitions in relation to
pesticides but exclude from them pesticides of a description
specified in the regulations;
- provide that the Ministers may jointly give their
approval, in relation to pesticides of a description
specified in the regulations, to the doing of anything
that would otherwise be prohibited by virtue of paragraph
(a) above;
- provide for the imposition of conditions on an approval,
when or after it is given;
- provide for the giving of consent by the Ministers
or either of them to the doing of anything contrary
to a specified prohibition;
- provide that a consent given by virtue of paragraph
(d) above may be given either without conditions or
subject to such conditions as may be specified;
- provide—
(i) for the review, revocation or suspension of an
approval;
(ii) for the amendment of conditions imposed on an
approval;
- direct that, if there has been a breach, in relation
to any pesticide,—
(i) of any of the specified prohibitions; or
(ii) of a condition imposed by virtue of this subsection,
either of the Ministers [and any local authority]
shall have power—
(iii) to seize or dispose of it or to require that
some other person shall dispose of it;
(iv) to seize or dispose of anything treated with
it or to require that some other person shall dispose
of any such thing;
(v) to direct some other person to take such remedial
action as appears to the Minister [or local authority]
to be necessary as a result of the contravention;
- provide that, if any pesticide has been imported
into the United Kingdom in contravention of any of
the specified prohibitions or of any such condition,
either of the Ministers may require that it shall
be removed out of the United Kingdom;
- […]
- [provide for information to be made available to
the public, subject to—
(i) any condition that the Ministers consider appropriate;
and
(ii) payment of such amount as the Ministers may,
with the consent of the Treasury, determine as representing
the cost reasonably attributable to the supply of
the information;]
- direct that, if there is more pesticide or pesticide
residue in any crop, food or feeding stuff than the
proportion specified by virtue of paragraph (k) above,
either of the Ministers shall have power—
(i) to seize or dispose of the crop, food or feeding
stuff in question or to require that some other person
shall dispose of it;
(ii) to direct some other person to take such remedial
action as appears to the Minister to be necessary
as a result of the contravention, and in this Part
of this Act 'regulations' means regulations under
this section and 'approval' means approval under regulations.
- [(2A) In subsection (2)—
(a) in paragraph (g), 'local authority' has the same meaning
as in section 19; and
(b) in paragraph (j), 'information' means any information
which has been supplied to a government department or
other authority at any time for the purposes of, or otherwise
in connection with—
(i) any provision made by or under this section;
(ii) the United Kingdom Pesticides Safety Precautions
Scheme; or
(iii) the Agricultural Chemicals Approval Scheme.]
- In this Part of this Act 'the specified prohibitions',
in relation to pesticides, means prohibitions of any of
the following—
(a) importation;
(b) sale, offer or exposure for sale or possession for
the purpose of sale;
(c) supply or offer to supply;
(d) storage;
(e) use;
(f) advertisement.
- Pesticides may be identified in any way for the purposes
of this Part of this Act.
- In determining any provision to be made by virtue of
subsection (2)(j) above the Ministers shall have regard
to the interests of persons supplying information to which
that provision would relate.
- Regulations shall be made by statutory instrument and
no regulations shall be made unless a draft of them has
been laid before and approved by resolution of each House
of Parliament.
- The Ministers may by order made by statutory instrument
jointly establish a committee to give them advice, either
when requested to do so or otherwise, on any matters relating
to the control of pests in furthering the general purposes
of this Part of this Act, and Schedule 5 shall have effect
with respect to it.
- A statutory instrument containing an order under this
section shall be subject to annulment in pursuance of
a resolution of either House of Parliament.
- The Ministers shall consult the committee—
(a) as to regulations which they contemplate making;
(b) as to approvals which they contemplate giving, revoking
or suspending; and
(c) as to conditions to which they contemplate making
approvals subject.
- If it appears to the Ministers that regulations which
they contemplate making are likely to affect the health
or safety of persons at work, it shall be their duty to
consult the Health and Safety Commission concerning them.
- Either of the Ministers may require the provision of
such information by importers, exporters, manufacturers,
distributors or users of a pesticide as he considers to
be necessary—
(a) for the purpose of controlling pesticides in the United
Kingdom; or
(b) for the fulfilment by the government of the United
Kingdom of any international obligation to supply information;
or
(c) to enable the government of the United Kingdom to
determine what action it should take in order to fulfil
an international obligation of any other description.
- A person who—
(a) without reasonable excuse, contravenes, or causes
or permits any other person to contravene—
(i) any provision of regulations;
(ii) any condition of approval of a pesticide; or
(iii) any requirement imposed by virtue of regulations
or of subsection (11) above; or
in purporting to give information required by virtue of
subsection (11) above—
(i) makes a statement which he knows to be false in a
material particular;
(ii) recklessly makes a statement which is false in a
material particular; or
(iii) intentionally fails to disclose any material particular,
shall be guilty of an offence.
- In subsection (12) above 'contravenes' includes 'fails
to comply with' and 'contravene' has a corresponding meaning.
- [(13A) If either of the Ministers does anything by virtue
of this Part of this Act in consequence of a failure on
the part of any person to comply with regulations, he
may recover from that person expenses reasonably incurred
by him in doing it.]
- It shall be a defence in proceedings for an offence—
(a) under section 8(b) of the Protection of Animals Act
1911;
(b) under section 7(b) of the Protection of Animals (Scotland)
Act 1912; or
(c) under section 22(2)(b) of the Welfare of Animals Act
(Northern Ireland) 1972,
(each of which restricts the placing on land of poison
and poisonous substances) for the person charged to show
that he acted in accordance with an approval.
- In this Act—
'pest' means—
(a) any organism harmful to plants or to wood or other
plant products;
(b) any undesired plant; and
(c) any harmful creature;
'pesticide' means any substance, preparation or organism
prepared or used for destroying any pest; and
'pesticide residue' means any substance resulting from
the use of a pesticide including, without prejudice to
the generality of this definition, any such derivative
as regulations may specify in relation to a particular
pesticide.
- This Part of this Act applies to any substance, preparation
or organism prepared or used for any of the following
purposes—
(a) protecting plants or wood or other plant products
from harmful organisms;
(b) regulating the growth of plants;
(c) giving protection against harmful creatures;
(d) rendering such creatures harmless;
(e) controlling organisms with harmful or unwanted effects
on water systems, buildings or other structures, or on
manufactured products;
(f) protecting animals against ectoparasites,
as if it were a pesticide.
Section 17
Codes of Practice
This section empowers the Ministers to prepare and issue
Codes of Practical Guidance in respect of provisions of
this Act. Such codes, after being laid before Parliament,
are admissible in evidence (sub-s (7)) but failure to comply
with the provisions of such a code is not of itself an offence
(sub-s (6)).
Two codes are current:
The Code of Practice for the Safe Use of Pesticides on Farms
and Holdings (1990)
The Code of Practice for Suppliers of Pesticides to Agriculture,
Horticulture and Forestry (1998)
The above codes of practice are available from MAFF Publications,
ADMAIL, London, SW1A 2XX; Tel: 0645 556000.
- The Ministers may from time to time after consultation
with such persons or bodies as seem to them representative
of the interests concerned—
(a) prepare and issue codes of practice for the purpose
of providing practical guidance in respect of any provision
of this Part of this Act or of regulations; and
(b) revise any such code by revoking, varying, amending
or adding to the provisions of the code.
- A code prepared in pursuance of this section and any
alterations proposed to be made on a revision of such
a code shall be laid before both Houses of Parliament,
and the Ministers shall not issue the code or revised
code, as the case may be, until after the end of the period
of 40 days beginning with the day on which the code or
the proposed alterations were so laid.
- If, within the period mentioned in subsection (2) above,
either House resolves that the code be not issued, or
the proposed alterations be not made, as the case may
be, the Ministers shall not issue the code or revised
code (without prejudice to their powers under that subsection
to lay further codes or proposed alterations before Parliament).
- For the purposes of subsection (2) above—
(a) where a code or proposed alterations are laid before
each House of Parliament on different days, the later
day shall be taken to be the day on which the code or
the proposed alterations, as the case may be, were laid
before both Houses; and
(b) in reckoning any period of 40 days, no account shall
be taken of any time during which Parliament is dissolved
or prorogued or during which both Houses are adjourned
for more than four days.
- The Ministers shall cause any code issued or revised
under this section to be printed and distributed, and
may make such arrangements as they think fit for its distribution,
including causing copies of it to be put on sale to the
public at such reasonable price as the Ministers may determine.
- A failure on the part of any person to follow any guidance
contained in a code issued under this section shall not
of itself render that person liable to proceedings of
any kind.
- In all criminal proceedings any such code shall be admissible
in evidence; and if any provision of such a code appears
to the court conducting the proceedings to be relevant
to any question arising in the proceedings, it shall be
taken into account in determining that question.
[Section 18
Payments for general purposes of Part III
This section was substituted from 28 September 1989 and
enhances the powers of the Ministers in respect of the payment
of fees for all general purposes under Pt III of the Act.
- Either of the Ministers may require an applicant for
the approval of a pesticide under this Part of this Act,
on making his application, to pay a fee as a contribution
to the cost of handling and evaluating it.
- Either of the Ministers may require payments by such
persons as he considers appropriate in respect—
(a) of the balance of the cost of handling and evaluating
applications for approval;
(b) of the collection of information under section 16(11)
above and the processing of information supplied under
that subsection; and
(c) of monitoring the effect of the use of pesticides
in the United Kingdom.
- Amounts to be paid under this section shall be determined
on principles settled by the Ministers with the consent
of the Treasury and after consultation with organisations
appearing to the Ministers to represent persons who are
likely to apply for approvals.
- Without prejudice to the generality of subsection (3)
above, the Ministers may settle that any such amount is
to be calculated by reference to either or both of the
following—
(a) the United Kingdom turnover during a specified period
of a pesticide to which an approval relates; or
(b) the United Kingdom turnover during a specified period
of all pesticides to which approvals held by the person
who is to make the payment relate.
- Any such amount may be calculated in such manner as
the Minister to whom it is to be paid considers reasonable—
(a) if insufficient evidence of turnover is submitted
for the calculations that would be required under subsection
(4) above; or
(b) if no evidence is submitted for those calculations.
- Either of the Ministers may permit payment by instalments,
and arrange for the refund, adjustment, set-off, waiver
or reduction of the whole or part of a payment, in such
cases as he may determine.
- If an amount payable by any person in respect of an
approval is unpaid, the Ministers may suspend the approval,
until that amount is paid, to such extent as they consider
appropriate and, without prejudice to the generality of
this subsection, to the extent that it authorises him
to sell the pesticide.
- All payments under this section are payments for the
general purposes of this Part of this Act and may be used
accordingly.]
Section 19
Enforcement powers
- Subject to the following provisions of this section,
the powers conferred by this section (including Schedule
2 to this Act) ('the enforcement powers') may be exercised—
(a) by a person whom either of the Ministers has by instrument
in writing authorised to exercise them; or
(b) by an officer of a local authority who is authorised
to exercise them under subsection (1C) below.
(1A) An instrument issued under subsection (1)(a) above
may provide that the person to whom it is issued may
only exercise the enforcement powers for specified purposes.
(1B) Either of the Ministers may specify descriptions
of local authority officers who may be authorised to
exercise the enforcement powers but may direct that
an officer of a particular description may only be authorised
to exercise them for specified purposes.
(1C) If either of the Ministers specifies a description
of local authority officers under subsection (1B) above,
a local authority may by instrument in writing authorise
any of its officers falling within that description
to exercise the enforcement powers.
(1D) The following provisions of this Act are to be
construed in reference to a person authorised to exercise
the enforcement powers as subject to the terms of the
instrument which authorizes him to exercise them.
- Subject to the following provisions of this Act, a person
so authorised may enter any land if he has reasonable
grounds to believe—
(a) that any pesticide is being or has been applied to
or stored on it; and
(b) that it is necessary for him to enter for any of the
general purposes of this Part of this Act.
- A person so authorised may enter any vehicle, vessel,
aircraft, hovercraft or marine structure if he has reasonable
grounds to believe—
(a) that any pesticide is being or has been stored in,
transported on or applied by means of it; and
(b) that it is necessary for him to do so for any of the
general purposes of this Part of this Act.
- For any of those purposes, a person so authorised may
require any person to give him information as to the formulation,
effects or use of any substance.
- If a person so authorised is of the opinion that a person—
(a) is committing an offence under section 16(12)(a) above;
or
(b) has committed such an offence in circumstances that
make it likely that the offence will be repeated,
he may serve on that person a notice stating that he is
of that opinion, specifying the offence as to which he
is of that opinion, giving particulars of the reasons
why he is of that opinion and directing—
(i) that any land, vehicle, vessel, aircraft, hovercraft
or marine structure on or in which it appears to him that
the offence was or is being committed or anything which
is on or in it, shall be left undisturbed (whether generally
or in particular respects) for so long as it appears to
him to be reasonably necessary; or
(ii) that any reasonable remedial or preventive measures
shall be taken.
- If a person so authorised is of the opinion that any
activities, as carried on or about to be carried on by
or under the control of any person, involve or, as the
case may be, will involve a risk of the commission of
an offence under section 16(12)(a) above, he may serve
on that person a notice—
(a) stating that he is of that opinion;
(b) specifying the matters which in his opinion give or,
as the case may be, will give rise to the said risk; and
(c) directing that the activities to which the notice
relates shall not be carried on by or under the control
of the person on whom the notice is served unless the
matters specified in the notice in pursuance of paragraph
(b) above have been remedied.
- A notice under subsection (5) or (6) above may at any
time be withdrawn by a person so authorised.
(6B) Withdrawal of a notice does not affect the power
to serve a fresh notice under subsection (5) or (6).
- Schedule 2 to this Act shall have effect with respect
to persons authorised to enforce this Part of this Act.
- In this section 'local authority' means—
(a) any local authority, as defined in the Local Government
Act 1972, except a parish or community council;
(b) any local authority, as defined in the Local Government
(Scotland) Act 1973;
(c) a district council in Northern Ireland; and
>br>(d) a port health authority.
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