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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Farm and Garden Chemicals Regulations 1971 No. 729 URL: http://www.bailii.org/uk/legis/num_reg/1971/uksi_1971729_en.html |
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Statutory Instruments
AGRICULTURE
Made
30th April 1971
Laid before Parliament
10th May 1971
Coming into Operation
1st May 1973
The Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, in pursuance of section 1 of the Farm and Garden Chemicals Act 1967 and all their other enabling powers, after consulting such organisations as appear to them to be representative of interests substantially affected by these regulations, hereby make the following regulations:
1. These regulations, which may be cited as the Farm and Garden Chemicals Regulations 1971, shall apply to Great Britain and shall come into operation on 1st May 1973.
2.-(1) In these regulations, unless the context otherwise requires:-
"container"
"recommended by the British Standards Institution", in relation to the common name of a substance, means
"scheduled substance" means
(2) References in these regulations to any enactment shall be construed as reference to that enactment as amended or applied by any other enactment.
(3) The Interpretation Act 1889. shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
3.-(1) Where a product consisting of or containing one or more scheduled substances is sold or exposed for sale, or consigned or delivered with a view to or in connection with its sale, for use in agriculture or gardening for protecting, or controlling the growth of, plants or for destroying weeds, the product or its container shall have a label bearing on it, in accordance with regulation 4 below, the name of every scheduled substance contained in the product.
(2) Where such a product is sold, consigned or delivered as aforesaid either without a container or in a container supplied by or on behalf of the purchaser, the label shall accompany the product.
(3) Where such a product is exposed for sale as aforesaid without a container the label shall be conspicuously displayed in such a position as to make it clear to any prospective purchaser that it relates to the product.
(4) In every other case to which paragraph (1) above applies the label shall be written on the container for, or supplied with, the product or securely attached to it by means of stitching, the use of an adhesive or any other method except tying.
(5) Nothing in this regulation shall require a product to have a label-
(a)where it is sold or exposed for sale, or consigned or delivered with a view to or in connection with its sale, to a person buying it for the purpose of resale;
(b)where it is sold for exportation to, or consigned or delivered to, a place outside Great Britain; or
(c)where it is an article upon the sale of which the seller is or may be required to give to the purchaser a statutory statement under any enactment relating to fertilisers for the time being in force.
4.-(1) Subject to paragraph (2) below, where a product is required by regulation 3 above to have a label bearing on it the name of every scheduled substance contained in the product-
(a)such names (except where they appear in the trade or other name under which the product is being marketed) shall be prefaced by words indicating that the substances to which they refer are contained in the product;
(b)every such name shall be written clearly and legibly without being hidden, obscured or made less conspicuous by any other matter, pictorial or otherwise, appearing on the label;
(c)where such a substance is referred to by one name in the Schedule to these regulations, the label shall bear that name;
(d)where such a substance is referred to by alternative names in the Schedule, the label may bear either name;
(e)salts and esters shall be named on the label separately from each other and from their parent compounds;
(f)a salt or ester which is a scheduled substance but which is not expressly named in the Schedule shall be named on the label either by reference to the name by which it is generally known or by reference to the common name of its parent compound with the addition of an appropriate suffix or prefix;
(g)where a substance has a common name recommended by the British Standards Institution, the label may bear that common name instead of any name otherwise required by these regulations.
(2) Where a substance which is for the time being included in the Poisons List made under section 17 of the Pharmacy and Poisons Act 1933 is also a scheduled substance for the purpose of these regulations, and its container is labelled with the name of the substance in accordance with that Act, no further reference to that substance on the label shall be necessary for the purpose of these regulations.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th April 1971.
L.S.
J. M. L. Prior
Minister of Agriculture, Fisheries and Food
Given under the Seal of the Secretary of State for Scotland on 30th April 1971.
L.S.
Gordon Campbell
Secretary of State for Scotland
Regulation 2(1)
In this Schedule-
(1) a name marked (a) refers to the substance for which it is the common name currently recommended by the British Standards Institution at the date on which these regulations are made;
(2) a name marked (b) refers to the substance for which it is the chemical name;
(3) a name marked (c) refers to the substance which is generally known by this name;
(4) alternative names refer to the same substance; and
(5) a reference to a chemical substance which is not a salt or an ester includes separate references to each of its salts and esters.
| aldrin | (a) | bromomethane or | (b) |
| aluminium ammonium sulphate | (b) | methyl bromide | (b) |
| aluminium sulphate | (b) | bromophos | (a) |
| ametryne | (a) | bromoxynil | (a) |
| aminotriazole | (b) | 2-butoxy-2-thiocyanodiethyl ether | (b) |
| aminozide | (a) | 3-tert-butyl-5-chloro-6-methyluracil | (b) |
| ammonium sulphamate | (b) | ||
| anthraquinone | (b) | camphor | (c) |
| asulam | (a) | captafol | (a) |
| atrazine | (a) | captan | (a) |
| azinphos-ethyl | (a) | carbaryl | (a) |
| azinphos-methyl | (a) | carbon disulphide | (b) |
| aziprotryne | (a) | carbon tetrachloride | (b) |
| azobenzene | (b) | carbophenothion | (a) |
| Bacillus thuringiensis | (c) | carboxin | (a) |
| barban | (a) | chlorbenside | (a) |
| benazolin | (a) | chlorbromuron | (a) |
| benomyl | (a) | chlorbufam | (a) |
| benzthiazuron | (a) | chlordane | (a) |
| BHC mixed isomers | (a) | chlordecone | (a) |
| gamma-BHC or | (a) | chlorfenson | (a) |
| lindane | (c) | chlorfenvinphos | (a) |
| binapacryl | (a) | chlorinated camphenes | (b) |
| bis-pentachlorocyclopentadienyl | (b) | chlormequat | (a) |
| bone oil | (c) | chlorobenzilate | (a) |
| borax or | (c) | chlorocresylic acids | (b) |
| disodium tetraborate | (b) | 2'-chloro-2, 6-diethyl-N-methoxymethylacetanilide | (b) |
| bromacil | (a) | ||
| S-(2-chloro-1-phthalimidoethyl) diethyl phosphorothiolo- | cycloheximide or | (c) | |
| thionate | (b) | 3-[2-(3, 5-dimethyl-2-oxocyclohexyl)-2-hydroxy- | |
| chloropicrin | (b) | ethyl] glutarimide | (b) |
| chloropropylate | (a) | cycluron | (a) |
| chloroxuron | (a) | 2, 4-D | (a) |
| chlorphonium | (a) | dalapon | (a) |
| chlorpropham | (a) | dazomet | (a) |
| chlorthiamid | (a) | 2, 4-DB | (a) |
| chlortoluron | (a) | DDT | (a) |
| copper acetoarsenite | (b) | demephion | (a) |
| copper compounds: | demeton | (a) | |
| copper naphthenates | (b) | demeton-methyl | (a) |
| copper oxychloride | (b) | demeton-S-methyl | (a) |
| cupric carbonate or | (b) | demeton-S-methylsulphone | (c) |
| copper carbonate | (c) | derris or | (c) |
| cupric oxide or | (b) | rotenone | (b) |
| copper oxide | (c) | 2, 4-DES | (a) |
| cupric sulphate or | (b) | desmetryne | (a) |
| copper sulphate | (c) | di-allate | (a) |
| 4-CPA | (a) | diazinon | (a) |
| cresylic acid | (b) | dicamba | (a) |
| cufraneb | (a) | dichlobenil | (a) |
| cupric carbonate or | (b) | dichlofluanid | (a) |
| copper carbonate | (c) | dichloralurea | (b) |
| cupric oxide or | (b) | 1, 1-dichloro-2, 2-bis (4-ethylphenyl) ethane | (b) |
| copper oxide | (c) | dichlorophen | (a) |
| cupric sulphate or | (b) | 1, 2-dichloropropane | (b) |
| copper sulphate | (c) | 1, 3-dichloropropene | (b) |
| N-cyano-N'-(methylmercury guanidine) or | (b) | dichlorprop | (a) |
| methylmercury dicyandiamide | (b) | dichlorvos | (a) |
| dicloran | (a) | ||
| dicofol | (a) | ethoxyethylmercury silicate | (b) |
| didecyldimethylammonium bromide | (b) | ethoxyquin | (a) |
| dieldrin | (a) | ethylmercury chloride | (b) |
| dimefox | (a) | ethylmercury phosphate | (b) |
| dimethirimol | (a) | ethylmercury thiourea | (b) |
| dimethoate | (a) | fenazaflor | (a) |
| 3-[2, (3, 5-dimethyl-2- | fenchlorphos | (a) | |
| oxocyclohexyl)-2-hydroxyethyl] glutarimide or | (b) | fenitrothion | (a) |
| cycloheximide | (c) | fenoprop | (a) |
| dimexan | (a) | fenson | (a) |
| dinobuton | (a) | fentin acetate | (a) |
| dinocap | (a) | fentin hydroxide | (a) |
| dinosam | (a) | fenuron | (a) |
| dinoseb | (a) | ferbam | (a) |
| dioxathion | (a) | ferrous sulphate | (b) |
| diphenamid | (a) | flurecol | (a) |
| diquat | (a) | folpet | (a) |
| disulfoton | (a) | fonofos | (a) |
| dithianon | (a) | formaldehyde | (b) |
| diuron | (a) | formetanate | (a) |
| DNOC | (a) | formothion | (a) |
| dodicin | (a) | gamma-BHC or | (a) |
| drazoxolon | (a) | lindane | (c) |
| endosulfan | (a) | gibberellic acid | (b) |
| endothal | (a) | gibberellins | (b) |
| endrin | (a) | griseofulvin | (a) |
| EPTC | (a) | heptachlor | (a) |
| ethion | (a) | hexachlorobenzene | (b) |
| ethirimol | (a) | 2-indol-3-ylbutyric acid or | (b) |
| ethoate-methyl | (a) | indolybutyric acid | (c) |
| ethoxyethylmercury chloride | (b) | ioxynil | (a) |
| isocil | (a) | methoxychlor | (a) |
| isothiocyanatomethane or | (b) | methoxyethylmercury chloride | (b) |
| methyl isothiocyanate | (b) | methyl bromide or | (b) |
| lead arsenate | (b) | bromomethane | (b) |
| lenacil | (a) | N, N'-methylene-di (zinc ethylenebisdithiocarbamate) | (b) |
| lime sulphur | (b) | ||
| methyl isothiocyanate or | (b) | ||
| lindane or | (c) | ||
| isothiocyanatomethane | (b) | ||
| gamma-BHC | (a) | ||
| methylmercury benzoate | (b) | ||
| linuron | (a) | ||
| methylmercury dicyandiamide | (b) | ||
| malachite green | (c) | or | |
| N-cyano-N'-(methylmercury | |||
| malathion | (a) | guanidine) | (b) |
| maleic hydrazide | (b) | metiram | (c) |
| mancozeb | (a) | metobromuron | (a) |
| maneb | (a) | metoxuron | (a) |
| manganese dimethyldithiocarbamate | (b) | mevinphos | (a) |
| monolinuron | (a) | ||
| MCPA | (a) | ||
| monuron | (a) | ||
| MCPB | (a) | ||
| morfamquat | (a) | ||
| mecarbam | (a) | ||
| morphothion | (a) | ||
| mecoprop | (a) | ||
| mowrah meal | (c) | ||
| medinoterb | (a) | ||
| nabam | (a) | ||
| menazon | (a) | ||
| naled | (a) | ||
| mercuric chloride | (b) | ||
| naphthalene | (c) | ||
| mercuric oxide | (b) | ||
| 2-naphthoxyacetic acid | (b) | ||
| mercurous chloride | (b) | ||
| 1-naphthylacetic acid | (b) | ||
| metaldehyde | (b) | ||
| nicotine | (b) | ||
| methabenzthiazuron | (a) | ||
| nitrofen | (a) | ||
| metham | (a) | ||
| organomercury compounds: | |||
| methidathion | (a) | ||
| N-cyano-N'(methylmercury | |||
| methiocarb | (a) | guanidine) or | (b) |
| methomyl | (a) | methylmercury dicyandiamide | (b) |
| methoprotryne | (a) | ||
| ethoxyethylmercury chloride | (b) | pentanochlor | (a) |
| ethoxyethylmercury silicate | (b) | phenkapton | (a) |
| ethylmercury chloride | (b) | phenmedipham | (a) |
| ethylmercury phosphate | (b) | phenylmercury acetate | (b) |
| ethylmercury thiourea | (b) | phenylmercury chloride | (b) |
| methoxyethylmercury chloride | (b) | phenylmercury NN dimethyl dithiocarbamate | (b) |
| methylmercury benzoate | (b) | ||
| phenylmercury dinaphthyl | |||
| methylmercury dicyan- | methane disulphonate | (b) | |
| diamide or | (b) | ||
| phenylmercury 8-hydroxy- | |||
| N-cyano-N'-(methyl- | quinolate | (b) | |
| mercury guanidine) | (b) | ||
| phenylmercury nitrate | (b) | ||
| orthohydroxyphenylmercury benzene | (b) | phenylmercury oleate | (b) |
| phenylmercury acetate | (b) | phenylmercury salicylanilide | (b) |
| phenylmercury chloride | (b) | phenylmercury salicylate | (b) |
| phenylmercury NN dimethyl dithiocarbamate | (b) | phenylmercury urea | (b) |
| phenylmercury dinaphthylmethane disulphonate | (b) | 2-phenylphenol | (b) |
| phorate | (a) | ||
| phenylmercury 8-hydroxy-quinolate | (b) | phosalone | (a) |
| phenylmercury nitrate | (b) | phosmet | (a) |
| phenylmercury oleate | (b) | phosphamidon | (a) |
| phenylmercury salicylanilide | (b) | picloram | (a) |
| phenylmercury salicylate | (b) | pirimicarb | (a) |
| phenylmercury urea | (b) | polybutenes | (b) |
| tolylmercury acetate | (b) | polyvinyl acetate | (b) |
| orthohydroxyphenylmercury benzene | (b) | potassium iodide | (b) |
| oxine-copper | (a) | potassium permanganate | (b) |
| oxycarboxin | (a) | prometryne | (a) |
| oxydemeton-methyl | (a) | propachlor | (a) |
| oxytetracycline | (a) | propham | (a) |
| paraquat | (a) | propineb | (a) |
| parathion | (a) | propoxur | (a) |
| pentachlorophenol | (b) | pyrazon | (a) |
| pyrethrins or | (b) | terbuthylazine | (a) |
| pyrethrum | (c) | terbutryne | (a) |
| quassia | (c) | tetrachloroethane | (b) |
| quinazamid | (a) | tetrachloroisophthalonitrile | (b) |
| quinomethionate | (a) | tetradifon | (a) |
| quintozene | (a) | tetramine | (c) |
| rotenone or | (b) | tetrasul | (a) |
| derris | (c) | thiabendazole | (a) |
| ryania | (c) | thiometon | (a) |
| salicylanilide | (b) | thionazin | (a) |
| schradan | (a) | thiram | (a) |
| simazine | (a) | TNBA or | (c) |
| sodium chlorate | (b) | trinitro-benzene-aniline | (b) |
| sodium monochloroacetate | (b) | tolylmercury acetate | (b) |
| sodium nitrite | (b) | tri-allate | (a) |
| disodium tetraborate or | (b) | 2, 3, 6-trichlorobenzoic acid | (b) |
| borax | (c) | trichlorphon | (a) |
| sodium trichloroacetate | (b) | tridemorph | (a) |
| streptomycin | (a) | trietazine | (a) |
| sulfallate | (a) | trifenmorph | (a) |
| sulfotep | (a) | trifluralin | (a) |
| sulphur | (b) | trimeturon | (a) |
| sulphur dioxide | (b) | trinitro-benzene-aniline or | (b) |
| 2, 4, 5-T | (a) | TNBA | (c) |
| tar oil | (c) | vamidothion | (a) |
| TDE | (a) | zineb | (a) |
| tecnazene | (a) | ziram | (a) |
| TEPP | (a) |
These regulations, the first to be made under the Farm and Garden Chemicals Act 1967, require certain products to be labelled if they contain any of the substances referred to in the Schedule to the regulations. The name of any such substance must be clearly written on the label.
The regulations apply to retail sales of products sold for use in Great Britain as weedkillers, pesticides or growth controllers on farms or in gardens, excluding fertilisers.
A label is required on sale or exposure for sale, and on consignment or delivery. Provision is made for the attachment of labels and the manner in which the names of ingredients are to be written on them.
The regulations come into operation on 1st May 1973.