Regulation of garden chemicals

This section provides a brief introduction to the roles and responsibilities of the two regulatory bodies, the Pesticides Safety Directorate (PSD) and the Health & Safety Executive (HSE), involved in the control and regulation of pesticides and biocides. Pesticides and biocides comprise the majority of chemicals collected for disposal by local authorities. Click on the links below to view the regulatory authorities' websites, which provide guidance on the controls and enforcement of chemical products used in the home and garden.  

Pesticides Safety Directorate (PSD)  

The PSD is the regulatory authority for all pesticides used in agriculture, horticulture and the garden - mainly for plant protection purposes. The PSD also monitors the use of pesticides and takes enforcement action against illegal use.  

The pesticides that are the PSD's responsibility are outlined in three pieces of legislation:

1. The Food and Environment Protection Act 1985  

2. The Control of Pesticides Regulations 1986

3. Plant Protection Product Regulations 2005

4. European Directive 91/414/EEC

For more about the amateur use of pesticides around the home and garden see the relevant section of the PSD's website by clicking here.

Health & Safety Executive (HSE)

The HSE is the regulatory authority for non-agricultural pesticides used in the course of work activity, eg by industrial users in the treatment of timber, or professional contractors in domestic residences. Relevant products include insecticides, rodenticides, wood preservatives and treatments, surface biocides and algaecides. For the HSE's Biocides and Pesticides Unit (BPU) click here.

Enforcement

Responsibility for the enforcement of pesticides legislation is shared between the HSE, local authorities and the PSD.  

The HSE enforces controls on the storage and use of pesticides as part of work activity by professional users.

Local authorities enforce controls in respect of the advertising, sale, supply, storage and use of pesticides not under HSE's jurisdiction, eg in wholesale and retail premises, hotels and residential accommodation, museums, catering establishments, sports grounds (including golf courses), gardens, parks and garden centres. Local authority responsibility is usually split between: 

• Trading Standards Officers with enforcement powers for the sale of non-approved products, advertising and conditions of sale
• Environmental Health Officers with enforcement powers in relation to the storage and use of pesticides.

For a full explanation of how the controls on pesticides are enforced click here.

Prosecution and fines

• Sending a warning letter to the suspected offender explaining to them their legal obligations and warning them of the consequences of continuing to act in contravention of these obligations. This approach is taken only where the breach does not pose an immediate or high risk to people or the environment and a warning is likely to result in compliance.
• Issuing enforcement notices. These place legal requirements on recipients to discontinue illegal activities and where appropriate, to take remedial measures. In some, but not all, cases these may be followed by prosecution.
• Prosecution. This can result from receiving evidence of a serious breach of the pesticides legislation or an incident serious enough to pose an actual or high risk to human or environmental safety. If found guilty, defendants may be fined up to £5,000 for each offence.