We've had endless conversations here on LJN about the legalalities and responsibilities of applying pesticides as part of our job.
We've (collectively) pushed practitioners to toward taking the necessary pesticide qualification(s) to enable them to carry out commercial weed and pest control activities.
However, I feel the landscape and amenity industry is reaching a watershed moment, otherwise the credibility of pesticide training and certification could be destroyed forever.
Today I published the results of an investigation into the illegal selling of Sodium Chlorate via Amazon.
It was (is) so distressing to see so many apparently illegal products being openly touted for sale via such a massive and powerful brand. Where are the industry legislators?
Industry policing and legislation is seemingly non-existent
Like me, you've probably paid for pesticide training and certification. And as you will know, to gain the Pa1 & Pa6 (NPTC Certificate of competence in safe use of pesticides knapsack application certificate) it doesn't come cheap. Prices may vary but you'll have to part with at least £500 as well as lose at least three days of income. As a practitioner - if you apply pesticides - you are required by law to take the relevant qualification.
However, despite the requirment to be competent, there appears to be no policing of the system by those charged with taking the money. Have you ever heard of a prosecution for the mis-use of a pesticides. Have you have heard of anyone being challenged, or inspected, in the field, for example? Have you ever been asked by any official to show your certificate? Does your client know that one is required?
I think it is time that the industry starts to get tough, not just on the improper and illegal sale of pesticides, but also the policing and licensing of those who apply pesticide products.
Too disparate and disconnected
I guess that one of the problems we face is that NPTC City & Guilds remain unchallenged by industry groups.
Is it time for a shake up? Is it time that City & Guilds was forced into following through on the licensing requirements and actually policing the system by ensuring those who are properly licensed are recognised from those that are not?
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Great topic Phil, but its the same problem - you're preaching to the converted. The people who need to be educated/prosecuted are those buying/selling/using pesticides illegally.
As a reputable company we have reported users & suppliers to BASIS, HSE, Amazon & Ebay, but have never got anywhere with any of them. From a suppliers point of view we find it more frustrating than you guys do, due to the immense amount of work and cost associated with being a compliant & competent supplier, only to be undercut by a company/indivdual with no qualifications, assurance or insurance!
I for one agree with the 'shake up' idea, and here at Agrigem we are currently trialing methods & ways to help enforce this.
Cheers, Ollie.
urm, what now? i actually asked the council about this subject as i didnt know if i needed a license for spraying peoples drives down. they said no as it was residential. am i to assume that this information is wrong and i do infact need to do a license?!
Unlikely the LA would know as it is not their remit to 'license'.
Conner Head said:
crap. well im glad i found this out now, shall have to stop that services until i get the certs
Probably looking at a min investment of £750-£1000 for training, sprayer, kit and professional products. You need to make sure you have a ROI against that outlay.
Conner Head said:
The issue probabbly boils down to the fact the law makes no provission for penalitys and fines for chasing up miss use - Whereas a farmer can be fined for putting too much cow S*** near a stream, so the EA happily hunts down every muck heap they can - Their is no fine strucutre for herbicide misuese, so their is little interest in prosecuting IMO.
What happens when someone without a licence sprays a proffessional weed killer? even if you told the EA - the result would at most be note in a log system somewhere, no one will come out as it would cost £1000+ to actually investigate, and if their is no way of recouping that loss, OR of ENFORCING against the breach, IE mandantory training, follow ups or a fine - then their really is actually NO point at all in doing so.
You can have a look at any notices and prosecutions relating to pesticide production or usage on the HSE database which covers the last 5 years: http://www.hse.gov.uk/enforce/prosecutions.htm
A few notices of improvement on there relating to pesticides (mostly either for chemical manufacturers or agricultural applications) but only one prosecution in the last 5 years - some bloke fined £3000.
Maybe it is not such a big issue (or is not deemed to be by those in the know) and so is not subjected to widespread enforcement. As David says, it probably comes back to money. Too much expense for very little benefit.
A simple example I know of - Dairy farm up the road from me - EA has inspected his muck tanks 3x in the past 2 years, does not care about the herbicde locker in the barn, have even declined to look at it - Were not bothered about the undisposed of bottles of "Ban-dock" which was withdrawn 10years ago (not used but has not been disposed of either) - asked where to dispose of the bandock and was told "dunno". Sums up the attitude to a point.
A local farm supplies place I use sells 5l or 20l drums of Gallup to anyone with no need to show pesticides card. Every Tom,dick and harry around here is running round with a can of it. £20 for 5litres.
I recently watched another local gardener spraying the fencing supplies yard I use. Watched him mix it up then spray, it was frightening to watch. He stood spraying until it was washing off the weeds, each weed got 20 times more than it needed - madness. Put 3 or 4 times more concentrate in the sprayer than needed and measured it with a coke bottle with the top hacked off. No gloves.
It is my understanding that a lot of the HSE staff are now being tasked with completing the PA1 exam. Whilst it would be fair to assume that this is more to aid them when investigating H&S incidents but it also brings greater awareness to them of our particular trade but I wouldn't bet on seeing 100's of gardeners being rounded up for spraying without the PA1/6 ticket.
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