Plant protection products contain one or more active substances that can be used to protect plants or plant products from harmful organisms or to destroy undesirable plants or parts of plants. These products can furthermore be used to influence plant life processes, such as growth, or to preserve plant products for longer. Plant protection products therefore contribute to food security and production efficiency. At the same time, plant protection products may have unintended negative effects on other organisms and the environment.
The authorisation and use of plant protection products are therefore strictly regulated and enforced. The main points for attention regarding the use of plant protection products are addressed in this blog.
Applicable regulations: authorisation and use of plant protection products
European legislation
Within the European Union (“EU”), the authorisation and use of plant protection products is regulated by Regulation 1107/2009 concerning the placing of plant protection products on the market.
New plant protection products may be placed on the market only if they have been authorised in the EU Member State concerned in accordance with this regulation. This procedure consists of two steps. First, the active substance is assessed at European level. After approval of the substance, in a second step, the products based on this substance are assessed and, if found to be safe, are authorised on a national level.
Previously authorised plant protection products may also be restricted at a later time, in the event of persistent scientific uncertainty about the effects of their use. This does not require conclusive evidence that the risks are realistic and serious, or that the adverse health effects are actually occurring. The European Commission (the “Commission”) banned, for instance, a number of plant protection products more than ten years after their authorisation because they were believed to have an effect on bee mortality.
Maximum concentrations of a pesticide residue in products
Regulation 396/2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin sets limits for pesticide residues that may be present due to the use of plant protection products, known as maximum residue limits (“MRLs”). These are the highest legally permissible concentration levels of pesticide residues in or on a food or feed.
When applying for authorisation for a plant protection product, a Member State’s national authority must first determine whether an existing MRL needs to be changed or a new MRL must be set. If that is the case, the application in question is assessed by the European Food Safety Authority (“EFSA”). Permitted values for various authorised and unauthorised (or not yet authorised) plant protection products within the EU can be found in the EU Pesticides Database.
Also relevant in this context is Regulation (EU) No 547/2011 implementing Regulation (EC) No 1107/2009 as regards labelling requirements for plant protection products. This regulation sets out various obligations for the labelling of plant protection products.
The Netherlands
In the Netherlands, the Wet gewasbeschermingsmiddelen en biociden (Plant Protection Products and Biocides Act) regulates the authorisation, marketing and use of plant protection products. Among other things, this Act implements the aforementioned Regulation 1107/2009. The Plant Protection Products and Biocides Act has been further elaborated in the Plant Protection Products and Biocides Decree, which includes regulations on the use of plant protection products, and the Plant Protection Products and Biocides Regulation.
The College voor de toelating van gewasbeschermingsmiddelen en biociden (Board for the Authorisation of Plant Protection Products and Biocides; the “Authorisation Board”) assesses whether plant protection products and biocides are safe for humans, animals and the environment before they are sold. This is done on the basis of international agreements and criteria embedded in legislation. European policy is followed in this respect. The Authorisation Board publishes authorised biocides or plant protection products in a list of authorised plant protection products. It furthermore draws up instructions regarding the use of plant protection products.
Points for attention when using plant protection products
Anyone using plant protection products must take a number of requirements into account. First, it is essential to use only plant protection products that are authorised at European and national level. Active substances must always first be authorised at European level before a product containing the active substance can be authorised at national level. A distinction must furthermore be made between importing, producing, storing and transporting plant protection products on the one hand and their actual use on the other hand, since only the use of unauthorised plant protection products is prohibited. All other actions are permitted, provided that it can be demonstrated that the plant protection products are destined for a third Member State where their use is permitted.
Second, specific rules apply to the use, labelling and recording of plant protection products. Some information, for instance, must be stated on the packaging, requirements apply to the manner in which the information is displayed, and standard phrases must be used in the case of special risks to human or animal health or the environment.
Third, plant protection products must be used in a way that ensures that they do not exceed the relevant MRLs. This means, for instance, that instructions for use must be respected so that these products work optimally, can be used safely, and have a minimal impact on the environment. A few important regulations are listed below:
- Proof of professional competence
Anyone working with professional plant protection products must have a certificate of professional competence (i.e. a ‘licence’) to sell, store or use professional plant protection products.
- Mandatory inspection of spraying equipment
Spraying equipment must be inspected every three years by Stichting Kwaliteitseisen Landbouwtechniek (Foundation for Quality Requirements in Agricultural Technology). This foundation has been designated as a certified authority by the State Secretary for Economic Affairs.
- Mandatory cleaning of empty packaging of plant protection products
Businesses must clean the packaging of plant protection products using prescribed equipment, immediately after they are emptied (see this summary for further details).
- Soil disinfection
Chemical soil disinfection must be reported to the NVWA at least three weeks before the time of the proposed use of the chemical agents.
- Responsible disposal of expired crop protection agents
Expired plant protection products are agents that were previously authorised but are now no longer. These agents are also listed in the Authorisation Board’s database. Expired agents must be handed in to an authorised chemical waste collector.
- Labelling of seeds treated with plant protection products
Specific labelling requirements apply when seeds are sowed that have been treated with plant protection products.
- Administrative requirements
Various values must be monitored during the use of plant protection products. These are listed in Schedule 3 to the Plant Protection Products and Biocides Decree. Professional users of plant protection products must also keep records of the agents they use.
Supervision and enforcement by NVWA
The Netherlands Food and Consumer Product Safety Authority (“NVWA”) inspects the correct application of plant protection products and biocides by companies hundreds of times a year. It thereby sometimes checks by means of random samples whether the amount of residues in food is below the MRL. For this purpose, the NVWA takes samples at retail chains, industrial companies, wholesalers, auctions and distribution centres, among other places. These samples are taken on the basis of risk analyses. Products that are widely consumed and those that previously contained excessive residue are checked, among others. Companies must also report possible exceedances to the NVWA of their own accord.
In the event of breach of the Plant Protection Products and Biocides Act, the NVWA may impose an administrative fine up to €900,000. It may furthermore (additionally) impose an order subject to a penalty, for instance in the event of incorrect use, or when unauthorised substances are used. The offender’s income support under the Common Agricultural Policy may also be reduced (known as cross-compliance reduction). Finally, in serious cases (such as deliberate breach of applicable regulations), criminal prosecution is also possible.
At the end of 2023, the NVWA announced that 500 inspections conducted by the NVWA had shown that about a third of the inspected growers did not comply with the laws and regulations regarding plant protection products. This is a structural problem according to the NVWA, which has announced that it will increase the number of inspections in the coming period.
It is therefore essential for businesses dealing with plant protection products to stay well informed of the applicable laws and regulations in order to avoid fines and other enforcement measures.
For more information on inspections by the NVWA, see this video briefing with practical tips, or go to invalnvwa.nl.
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