7th September, 2008
Frequently asked questions
Q1: How do I know if a garden product has been withdrawn from use?
The easy way to find out whether a product has been withdrawn is to find the product registration number (a 5-digit number prefixed with MAPP or MAFF) on the label and check this on the garden products search page on the Pesticides Safety Directorate web site. If the product is not found then it has been withdrawn.
Some products have been withdrawn as a result of an EC review of pesticides. Click the link to see a list of the chemicals and products which have been withdrawn.
Q2: What should I do if a product is listed as withdrawn from use?
Withdrawn products should be taken to a licensed household waste and recycling centre (HWRC) for safe containment or collected for safe disposal by a local authority chemical collection service, or a permitted hazardous waste contractor for safe disposal (see Question 4).
Q3: Where can I fin further guidance on how to use pesticides safely?
Click the links to the Pesticides Safety Directorate Garden site or the Crop Protection Association site for further information about the safe use and storage of pesticides.
Q4: When do garden chemicals become hazardous?
All garden chemicals are potentially hazardous to human health and pets if not stored and used as intended and instructed on the product label. The correct guidance to the public is to never throw away leftover chemicals as these could end up in a landfill site that is not licensed to take hazardous chemicals.
As of February 2006, according to the Government’s consultation document on a new waste strategy for England, there were only 12 dedicated hazardous waste landfills sites, one deep mine disposal facility and 28 separate cells in non-hazardous landfill capable of taking hazardous waste. For specific listings, see the Environment Agency's list of hazardous waste landfill sites.
The Hazardous Waste Regulations apply to hazardous waste materials from domestic sources if these materials are separately collected from the mixed domestic waste stream. For further information follow the link to the Hazardous Waste Regulations (England and Wales) 2005 and scroll to Part 3, Regulation 14. Further guidance is also available on the Environment Agency’s Frequently Asked Questions pages and in the Haz Guide.
Garden chemicals presented for disposal at an HWRC should be considered to be “separately collected” if handed over to staff or identifiable to site staff as a separate item. All such chemicals should be treated as hazardous waste and contained in a "chemical safe" before end disposal by an appropriately licensed waste management contractor.
Q5: Are local authorities legally required to provide facilities for the public to dispose of unwanted chemicals safely?
The regulations governing the management of hazardous waste are slightly different for England, Wales and Scotland. This section outlines what is expected of local authorities with responsibility for disposal of waste in each of the three countries:
England and Wales In England and Wales, local authorities have statutory obligations to provide a safe disposal service for household hazardous waste. Waste disposal authorities are required to provide facilities for the disposal of chemicals at a minimum of one civic amenity site or household waste recycling centre. Relevant sites must be appropriately licensed for storage of hazardous waste by the Environment Agency and have appropriate storage facilities, eg a chemical safe for household and garden chemicals. If garden chemicals are presented at an HWRC that cannot accept them (ie does not have relevant facilities/is not licensed), they should be dealt with by:
· directing the householder to the local HWRC that can accept it or
· showing the householder how to access the local authority’s chemical (or hazardous waste) collection service.
The government has indicated in its consultation document on a new waste strategy for England that it intends to specify a minimum level of service expected of local authorities, linked to the recommendations outlined in the Haz Guide.
Scotland The Scottish Environment Protection Agency (SEPA) advises that household hazardous waste should be stored and disposed of separately from non hazardous wastes. However, there is no legal requirement to do this in Scotland. All civic amenity sites in Scotland can take chemicals from householders if it is their own domestic waste (there is a legal obligation to provide facilities for the disposal of domestic waste), irrespective of whether the site has a separate store. The public are advised to call their council to check which site is most appropriate for safe storage and disposal of garden chemicals. Click the links for: The Special Waste Regulations 1996 The Special Waste (Amendment) Regulations 1996 The Special Waste Amendment (Scotland) Regulations 2004 Frequently Asked Questions section of the SEPA web site which also relates to the Special Waste Regulations. Q6: What legislation covers garden chemicals? See the section on the Pesticides Safety Directorate site for pesticides law or click the links below for legislation relating to both pesticides and biocides (which make up the bulk of home and garden chemicals): 1. The Food and Environment Protection Act 1985 2. The Control of Pesticides Regulations 1986 3. Plant Protection Product Regulations 2005 4. Biocidal Products Regulations and the HSE's role Q7: Is there different legislation for garden chemicals (pesticides) in England, Wales and Scotland? Yes there are some technical differences in the legislation for England and Wales and Scotland. See Questions 4 and 8. Q8: Who carries out the enforecment of pesticides and biocides (garden chemicals) law? Enforcement is split between the HSE, PSD and local authorities (usually split between Environmental Health and Trading Standards Officers). Click the link for more information on enforcement of pesticides law. There are some differences relating to the enforcement of pesticides law between the devolved administrations. Click the links below to find out more: The Local Authorities Co-ordinators of Regulatory Services (LACORS)