Just thought I let you all have DEFRA's reply, as you can imagine I am still miffed - no way out as we have no rights and a farmer we can't talk to and just worked his field for barley up to the last inch of our hedge...If you read this, Rosemary or Dan - would this be something that you might discuss in your Association???
>>As the law stands, a user of pesticide, such as a farmer or a grower, does not have to notify the public of their intention to spray, nor what product(s) they are using. Should you wish to know what has been sprayed, you may wish to approach the farmer directly and enquire as to what has been sprayed, although this will be on the goodwill of the farmer to tell you. The National Farmers Union have produced a leaflet entitled ‘The Good Neighbour Initiative’ which I have attached for your convenience.
Pesticide Approval
Pesticides are potentially hazardous substances and the United Kingdom has an extensive range of legislative and administrative controls over their approval, storage, marketing and use. These contribute to a clear Government policy of providing effective means of pest and disease control consistent with protecting the safety of people, animals and the environment.
Only approved pesticides can be advertised, sold, supplied, stored or used. It is because pesticides are effective against pests and diseases that they pose a potential risk to people and the environment. Applicants for pesticide approvals must show that their products are effective, humane and pose no unacceptable risks to human beings, the environment, wildlife and other non-target species before approval will be granted.
Therefore, all pesticide manufacturers are required to provide a wide range of scientific data, which is evaluated by scientific experts in Chemicals Regulation Directorate (CRD) or the Health & Safety Executive (HSE).
This data is then scrutinised by the independent experts of the Advisory Committee on Pesticides (ACP), who make recommendations to Ministers. When the Ministers responsible for pesticides are satisfied on the basis of this expert advice that the product can be used without unacceptable risk to people and animals and with minimal risk to the environment will authority to put it on the market be granted.
At present there is no requirement for farmers to leave an unsprayed area when spraying near houses. However the risk posed to people in the countryside from pesticide spray drift is assessed as an integral part of the pesticide approvals process. If the risk assessment is not satisfactiory then that pesticide use would not be approved.
The risk posed to people living in the countryside and to wildlife from pesticide spray drift is assessed as an integral part of the pesticide approvals process. The risk assessment takes into account various factors such as wind direction and strength, the application method, sprayed volume rate, droplet size and uniformity, the speed of any vehicle used and sprayer mechanism width.
Spraying Requirements
Everyone who uses a pesticide has a legal responsibility to ensure that all reasonable precautions are taken to protect the health of human beings, creatures and plants, to safeguard the environment and in particular to avoid pollution of water. Advice to farmers and growers on how to meet their responsibilities under the legislation is given in the statutory Code of Practice for Using Plant Protection Products. Please see the following weblink:
http://www.pesticides.gov.uk/safe_use.asp?id=64. The detailed guidance on crop spraying is given in Section 4 Working with pesticides.
Although failure to follow the Code's guidance is not in itself an offence, it may be used as evidence against the user if prosecuted for breach of the approval. The Code includes specific advice to users to carry out suitable and sufficient assessments of the risk to health from the use of a pesticide before work starts. Users are directed to consider whether anybody might be at risk from exposure, to assess the potential for spray drift taking account of the application methods and weather conditions and are advised to give prior notice to occupiers of land or premises nearby.
If anyone believes they have encountered spray drift because a pesticide has not been used correctly then they should contact their local HSE office. The address and phone number for the local HSE office will be in your local Phone Book under 'Health and Safety Executive’. Alternatively the HSE Incident Line could also be able to provide assistance and their telephone number is 0845 300 9923. I have placed another link to our website which will provide you with further information should you wish to contact the HSE Incident Line,
http://www.pesticides.gov.uk/approvals.asp?id=196.
The Wildlife Incident Investigation Scheme (WIIS) investigates the deaths of wildlife, including beneficial insects and some pets, throughout the UK where there is evidence that pesticide poisoning may be involved. The Scheme is used to monitor pesticide use after approval, so that product approvals can be revised if necessary. It also provides a measure of the success of the pesticide registration process, and helps in the verification and improvement of the risk assessments made in this process.
WIIS has a long association with the Wildlife Incident Unit at the Food and Environment Research Agency (FERA). They use their expertise to analyse a variety of animal tissues, including gut contents, vomit, faeces, blood, urine, liver, kidney and lung. Evidence from the Scheme can also be used to enforce legislation on the use of pesticides and the protection of humans, food, the environment and animals.
Where poisoning is suspected, a combination of field work, veterinary examination and chemical analysis is used to try and determine the underlying cause of death.
The Scheme operates independently, but on similar lines, in the four countries of the United Kingdom. 'Incidents Involving Pesticides and Animals' (pdf, 8 pages) explains how WIIS works in England - how it is organised, how to report an incident, where to report it and what happens afterwards. It is sent to people who report suspected poisoning incidents.
In Wales, WIIS is run by the Welsh Assembly Government.
In Scotland, WIIS is run by the Scottish Agricultural Science Agency (SASA).
In Northern Ireland, WIIS is run by the Department of Agriculture and Rural Development.
I hope this is helpful. If you require any further information please contact us again.
Regards,
Andy Wright
* Information Services,
Chemicals Regulation Directorate,
L2/214 Mallard House, Kings Pool,
3, Peasholme Green,
YORK, YO1 7PX.
: Information Services
( (+44) (0)1904 455775,
6 (+44) (0)1904 455733,
8:
[email protected]Website:
www.pesticides.gov.uk <<
Topic: traditionally farming neighbours (Read 14512 times)
