End of ‘Grandfather Rights’ for pesticide operators

Farmers at an NFU Cymru meeting in Newtown this week were reminded that anyone applying professional pesticides must hold a recognised certificate, even if they were born before 31 December 1964.

An EU Directive has set minimum legally binding standards for pesticide users that will put an end to the exemption offered by ‘grandfather rights’.

NFU Cymru County Chairman Jonathan Wilkinson said, “This is an opportunity to remind our members that on 26 November 2015, it will become a legal requirement for everyone applying plant protection products (PPPs) authorised for professional use to have a certificate of competence. It will be an offence to purchase PPPs authorised for professional use if the intended end user doesn’t have a certificate.”

The Sustainable Use Directive came into effect in the UK on 18 July 2012. The piece of legislation relevant to the UK is the Plant Protection Products (Sustainable Use) Regulation (2012). Grandfather Rights currently allow sprayer operators born before 31 December 1964 to apply pesticides without needing a certificate of competence, providing they use pesticides on a holding that they (or their employer) own or rent. However, the EU Sustainable Use Directive has set minimum, legally binding standards for pesticide users that have put an end to this exemption.

Jonathan Wilkinson said, “There are a number of options to consider when deciding what to do in time for the 26 November deadline. In making the decision, it is useful to think about the amount and type of spraying that you’re likely to be undertaking and the condition of the sprayer so that options can be costed appropriately.

“You can take an Award in the Safe Use of Pesticides appropriate to the type of equipment used to allow you to spray on your own land or as a contractor. Alternatively, you can take the City & Guilds NPTC Level two Award in Safe Use of Pesticides which pretty much replaces grandfather rights. Of course, if you don’t want to take the qualification, the other option is to employ a qualified contractor for all professional pesticide applications.

“The assessment is pretty straight forward. It takes into account previous knowledge and experience. It comprises oral questions and observation of practical activity and will take two to three hours. The assessor will watch how you prepare for pesticide spraying, application and clean up afterwards and the emphasis is on safe application for the operator, bystanders, the crop and the environment. Assessment can take place on your farm using your own equipment, or at a local test centre. No reason at all why a group of farming neighbours can’t arrange to get assessed at the same time to reduce cost,” added Jonathan.