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 Nov 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 Jul 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
  • Food and Environment Protection Act 1985
    • UK Non-devolved
    • January 01, 1985
    ...... and articles in the sea; to make provision for the control of the deposit of substances and articles under the sea-bed; to regulate pesticides and substances, preparations and organisms prepared or used for the control of pests or for protection against pests; and for connected purposes. . ......
  • European Communities (Designation) (No. 3)Order 1999
    • UK Non-devolved
    • January 01, 1999
    ......(i) the placing on the market or use of plant protection products, or. (ii) maximum levels for pesticide residues in or on cereals, food stuffs of animal origin or products of plant origin, including fruit and vegetables, and. (b) may, where they relate ......
  • The Water Environment (Miscellaneous) (Scotland) Regulations 2017
    • Scotland
    • January 01, 2017
    ....... . . 11. Discharge into a surface water drainage system. . (a) . Oil, paint, paint thinners, pesticides, detergents, disinfectants or other pollutants must not be disposed of into a surface water drainage system or onto any surface that drains into a ......
  • The Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2013
    • Scotland
    • January 01, 2013
    ...... ““buffer zone” means an area of land, where no storage or application of fertiliser or pesticide takes place, which intercepts (or would intercept) run-off from the storage or application of fertiliser or pesticide to prevent it from entering the ......
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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/...
    ......,Richard Stockton College of New Jersey, Galloway, New Jersey, USAAbstractPurpose – The purpose of this study is to compare the different pesticides management practices andproductions in three apple farms in the Northeastern US and Norther n China.Design/methodology/approach – Interviews and ......
  • 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"......
  • Analysis of the predictors of five eco-sensitive behaviours
    • Nbr. 11-1, April 2014
    • World Journal of Science, Technology and Sustainable Development
    • 16-27
    Purpose: – The purpose of this paper is to examine five different types of eco-sensitive behaviours separately and understand if determinants of these behaviours vary depending on the type of actio...
    ......While agedifferences only explain recycling cans and bottles, gender difference explains buying pesticide-fre efruits/vegetables and avoiding environmentally harmful products. Values, on the other hand, predictall five eco-behaviours. Driving less and ......
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Law Firm Commentaries
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