The Order aiming at strengthening the requirements for the authorisation of plant protection products for “amateur” uses was published on 10 April 2020. It repeals the Order of 30 December 2010 banning the use of some plant protection products by non professional users and the Order of 30 December 2010 concerning packaging and labelling requirements of plant protection products that can be used by non professional users.
The strengthening is implemented in the context of the “LABBÉ’s” law No. 2014-110 of 6 February 2014. The law set the ban of sales, dispensing, use and possession of plant protection products by non professional users in place since 1st January 2019 with the aim to reduce the risks associated to the use of pesticides by amateurs. There are three exceptions to this ban for products authorised for non professional users (claim “emploi autorisé dans les jardins (EAJ)”):
- biocontrol products officially listed by the Ministry of Agriculture in accordance with articles L.253-5 and L.253-7 of the Rural Code,
- low risk products as defined by Regulation (EC) No.1107/2009 (art. 47), and
- products authorised for organic farming (Regulation (EC) No.889/2008),
New criteria for authorisation granting for amateur uses
The Order adds new hazard statements for both products and active substances contained by the products to current criteria that do not permit to grant a marketing authorisation for amateur uses.
It is noted that products containing an active substance being an endocrine disruptor or a persistent organic pollutant will not be authorised for amateur uses.
The following formulations are also banned by the Order:
- dustable powders (DP),
- wettable powders (WP), except for unidoses packaging or any other system that permits to exclude the user’s contact with the product.
Lastly, the Order specifies some packaging and labelling requirements in order to guarantee minimal exposure to amateur users.
Consequences on marketing authorisations
Further to the entry into force of the Order on 11 April 2020, ANSES published a note presenting the consequences of the new provisions on the existing marketing authorisations, on the applications under evaluation and on applications made after 11 April 2020.
- Existing marketing authorisations for amateurs
The authorisations of amateur products subject to a restriction of use since 1st January 2019 will be withdrawn within 6 months of the entry into force of the Order. Grace periods of 6 months for sales and distribution to professionals and further 12 months for storage and use by professionals will be granted.
For authorised products not subject to a restriction of use, ANSES will check their compliance with the provisions of the Order at their authorisation renewal.
- Applications under evaluation
The ongoing dossiers for products subject to a restriction of use since 1st January 2019 will be closed without specific explicit decision, except for zonal or interzonal applications for which France act as zRMS. In these cases, a Registration Report will be provided to the cMS.
Other applications will be evaluated against the criteria of the Order.
- New applications for amateur uses
A revised version of the Cerfa form 15722 will be available soon. With this revised version, the applicant will be able to identify the type of product (biocontrol list, low risk and/or organic farming).
The procedure for the registration of biocontrol products on the official list of the Ministry of Agriculture (articles L.253-5 and L.253-7 of the Rural Code) remains the same.
The claim “low risk product” will be granted by Anses at the end of the evaluation in compliance with the criteria of article 47 of Regulation (EC) No.1107/2009. The claim will be mentioned in the decision of authorisation and will also appear on E-Phy website (new pictogram).
A new claim for organic farming (“utilisable en agriculture biologique”) is set for amateur uses with a new pictogram “PBA” (production biologique amateurs). The pictogram “UAB” remains only for professional uses. The compliance of amateur products with Regulation (EC) No.889/2008 for organic farming will not be assessed by INAO but by ANSES.
Our previous articles:
Lynxee consulting’s team is at your disposal to answer your questions.
Contact us! http://lynxee.consulting/en/contact/