Chemicals Regulation Directorate better define law about selling agricultural pesticides

Pest controllers need to buy “agricultural pesticides” from time to time, for example weedkillers, Dimilin, K-Obiol and aluminium phosphide. CRD have now provided a clearer definition about who may sell these products. This is important because apart from illegal sales being wrong, using a product that has been sold illegally may make a pest controller’s product liability insurance invalid if anything goes wrong.

Definition of qualified seller

The consents under COPR require that:

No person shall sell, supply or otherwise market to the end-user a pesticide approved for agricultural use unless that person (a) has obtained a certificate of competence recognised by the Ministers, or (b) sells or supplies that pesticide under the direct supervision of a person who holds such a certificate.

Ministers only recognise the certificates of competence issued by BASIS but what fulfils the requirement for b),that is a person who sells or supplies that pesticide under the direct supervision of a person who holds such a certificate?

The definition supplied by the CRD’s compliance team is as follows:

Definition of ‘direct supervision’ When a sale is made, by whatever means (by this we mean money changes hands at the time or there is a promise of payment) the person who makes that sale, including processing an order over the phone or from the internet, must be certificated or work under the supervision of a certificate holder.

This means the person or organisation who offers or possesses the product for sale must have a certificate holder available at all times when a sale is likely to be made.

We do recognise that from time to time it may be necessary for the sale to be supervised by a certificate holder by phone from another location but that someone should have some control over the sales operation that is taking place.

The certificate would be a BASIS Certificate of Competence for sale and supply and not a BASIS storekeeper certificate.

It is clear from the above that the certificate holder is expected to be based normally at the office where the sale is being made and must have a managerial role in the company.