Pesticide in UK Law

Leading Cases
  • Downs v Secretary of State for the Environment, Food and Rural Affairs
    • Queen's Bench Division (Administrative Court)
    • 14 Novembre 2008

    There was included a submission that the failure meant that there was a breach of Article 8 of the ECHR in that the interference with the claimant's private life was disproportionate and not justified by Article 8(2).

    But there is much more positive evidence that local effects are attributable to exposure. The DVD makes it clear that those effects do in many cases amount to more than merely transient and trifling harm. I appreciate that the DVDs have been presented to and considered by the ACP and they have not changed their approach.

    As I have said, the word serious should not have been used. It suggests an erroneous approach. However although it should be removed from any guidance, if the approach is and has always been as Professor Coggon suggested in the article quoted in Paragraph 48, it may not in itself have resulted in an erroneous decision. However, since the defendant accepts that harm will be material if more than merely trifling and transient, he must make his decisions on that basis.

    I have no doubt for the reasons I have given that the manner in which controls on crop spraying have been applied do not comply with the obligations imposed by the Directive. It is clear and the contrary has not been suggested that the model is by no means perfect. It cannot measure local effects and is, as Mr Jay accepted, not able adequately to assess possible long term effects on health. In those circumstances, the Article 8 ground is not needed.

    It is said on the defendant's behalf that the U.K.'s approach is stricter than that of many other Member States. That may be so but is not of particular materiality. I have had to consider what the Directive requires. I have been persuaded that there are defects in the defendant's approach which contravene the requirement of the Directive. If that means that other Member States are not complying, that is a matter for them, their citizens and perhaps the Commission.

    The result of this judgment is that the defendant must think again and reconsider what needs to be done. It is not for me to specify any particular action he needs to take. He must take steps to produce an adequate assessment of the risks to residents. Equally, I think there is a very strong case for a buffer zone, such as incidentally already exists to avoid spraying too close to watercourses in order to minimise the risk of pesticides entering groundwater.

  • Downs v Secretary of State for the Environment, Food and Rural Affairs
    • Court of Appeal (Civil Division)
    • 07 Luglio 2009

    The appellant renews his application for a stay. The approach to be adopted in respect of applications for a stay is clearly set out in the notes to CPR 52.7. A stay is the exception rather than the rule, solid grounds have to be put forward by the party seeking a stay, and, if such grounds are established, then the court will undertake a balancing exercise weighing the risks of injustice to each side if a stay is or is not granted.

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Legislation
  • Control of Pesticides Regulations 1986
    • UK Non-devolved
    • 01 Gennaio 1986
    ...... (f) (f) protecting animals against ectoparasites, . as if it were a pesticide. . (2) These regulations do not apply to— . (a) (a) organisms other than bacteria, protozoa, fungi, viruses, and mycoplasmas, used for destroying ......
  • Food and Environment Protection Act 1985
    • UK Non-devolved
    • 01 Gennaio 1985
    ......an approval;. .   . ( g . ) direct that, if there has been a breach, in relation to any. pesticide,— . (i) of any of the specified prohibitions; or. . . (ii) of a condition imposed by virtue of this subsection,. either of the Ministers shall ......
  • The Water Environment (Miscellaneous) (Scotland) Regulations 2017
    • Scotland
    • 01 Gennaio 2017
    ...... . . “ 23. The storage and application of pesticides that are plant protection products. . (a) . The preparation of pesticide for application and the filling, cleaning or maintenance of pesticide sprayers or other devices used to apply pesticides: . . .   . (i) . must ......
  • Environmental Protection (Prescribed Processes and Substances) Regulations 1991
    • UK Non-devolved
    • 01 Gennaio 1991
    ...... air or into water of, any of those four halogens or any of the compounds mentioned in paragraph (a) other than the use of any of them as a pesticide (as defined in Schedule 6) in water; . (c) any process for the manufacture of hydrogen fluoride, hydrogen chloride, hydrogen bromide or hydrogen ......
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Books & Journal Articles
  • Decentred Deterrence and the Effects of Social Relations: Explaining Pesticide Regulatory Compliance in China
    • Nbr. 29-6, December 2020
    • Social & Legal Studies
    While many have observed the importance of state regulators to the implementation of law, multiple decentralized regulators are crucial for achieving deterrence and compliance. Informed by the dete...
  • Apple farm management practices in the Northeastern US and Northern China
    • Nbr. 9-3, July 2012
    • World Journal of Science, Technology and Sustainable Development
    • 164-174
    Purpose: – The purpose of this study is to compare the different pesticides management practices and productions in three apple farms in the Northeastern US and Northern China. Design/methodology/...
    ......Production, pesticide and fertilizer usage, and laborcosts were calculated for comparison.Findings – The conventional US apple grower manages his farm for maximum ......
  • The science of Javanese management: Organizational alignment in an Indonesian development programme
    • Nbr. 12-5, December 1992
    • Public Administration and Development
    Studies of business organizations reveal the importance of combining two elements for mobilizing and aligning action in large organizations: informed decision making and contingent incentives. A na...
    ...... Field studies, trainee surveys and other evidence reveal that, consistent with national programme objectives, (1) pesticide applications were reduced by more than 60 per cent; (2) pesticide use depended more on field decisions, less on ......
  • Bayesian Estimation of Willingness‐to‐pay Where Respondents Mis‐report Their Preferences*
    • Nbr. 69-3, June 2007
    • Oxford Bulletin of Economics and Statistics
    We introduce a modified conditional logit model that takes account of uncertainty associated with mis‐reporting in revealed preference experiments estimating willingness‐to‐pay (WTP). Like Hausman ...
    ......Using a Bayesian methodology, we apply our model to a choice modelling (CM) data set examining UK consumer preferences for non-pesticide" food. We compare the results of our model with the Hausman model. WTP estimates are produced for different groups of consumers and we find that modi\xEF"......
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Law Firm Commentaries
  • New Pesticide Rules - Have We Lost The Fight?
    • Mondaq United Kingdom
  • Consumer advocates say UK ‘unprepared’ to regulate pesticides after Brexit
    • LexBlog United Kingdom
    Existing agencies in the United Kingdom are unprepared to handle pesticide issues after Brexit, according to the Pesticide Action Network UK (PAN UK). A briefing paper, written by Josie Cohen, Nick...
    ...Existing agencies in the United Kingdom are unprepared to handle pesticide issues after Brexit, according to the Pesticide Action Network UK (PAN UK). A briefing paper, written by Josie Cohen, Nick Mole and Keith Tyrell from ......
  • Taxing Pesticides
    • Mondaq United Kingdom
    ...... existence of these residual environmental and health impacts provides a clear rationale for additional instruments to support the existing pesticide minimisation policy". The Fiscal Option. The idea is to provide an incentive to the development of alternative methods of pest control by increasing ......
  • Aarhus Convention: Maximum Residue Levels
    • Mondaq UK
    ...... Judgment of the CJEU in: joined cases C-404/12 P and 405/12 P Council and Commission v Stichting Natuur en Milieu and Pesticide Action Network Europe. On 13 January 2015, the Court of Justice of the EU (CJEU) delivered a ruling concerning the direct applicability of the ......
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Forms
  • Chapter CISR14250
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... French polishing of fixed furniture or woodwork. certain types of damp-proofing treatments. ceiling masonry. Excluded from CIS. pesticide spraying including insecticidal or pesticidal wood treatment. off-site French polishing. ......
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