Draft Code of Practice for the Safe Use of Plant Protection Products

Response to the draft CoP with particular reference to Public Rights of Way (PRoW)

The revised text is a considerable improvement over sections 109 to 113 of the current “Green” Code.

It is suggested that the following comments may assist the clarity and accuracy of the proposed text.
In particular it is important to clearly differentiate between crop protection products used as part of crop husbandry which are unlikely to be approved for use over PRoW, and those herbicides approved specifically to remove vegetation from PRoW.

Public rights of way

Although the following paragraphs are primarily concerned with PRoW, much of the advice is appropriate to other areas of public access – particular following the implementation of Part 1 of the 2000 Countryside and Rights of Way ACT (CROW).
Suggest modifying as follows:

Public rights of way and open access areas.

Paragraph 120
An introductory sentence to specify the type of approval necessary for the spraying of PRoW would be desirable:
Suggest the following:
Pesticides used to remove cropping from the line of a public rights of way, or to remove undesirable vegetation on rights of way outside cropped areas must have an appropriate Amenity, or Land not intended to bear vegetation approval.

Application of a pesticide to a public right of way may result …..

It is assumed that this paragraph is concerned specifically with herbicides used to remove or control vegetation on PRoW. This should be stated more strongly.
Suggest modifying as follows:
Application of a pesticide approved for use on highways to remove or control vegetation on a public right of way may result…

… Because landowners have no power to close a public right of way (even temporarily)…
This statement is correct, at time of writing, but may change.
Regulations are expected as a result of CRoW which will allow rights of way to be diverted for up to 14 days per year for land management purposes where safety may be an issue. (Schedule 6 will modify the 1980 Highways Act by inserting Section 135A to this effect).
Suggest modifying as follows:
… Because landowners currently have no power to close a public right of way (even temporarily)…

Paragraph 121
You should not overspray public rights of way, including roads, footpaths and bridleways or allow spray to drift onto them when treating an adjacent crop.
Presumably this paragraph is focusing on crop spraying and therefore needs to be more specific.
Also the references to PRoW should include all highways rather than selected categories.
Suggest modifying as follows:
When spraying crops with crop protection products you should avoid overspraying highways including public rights of way. You should also ensure that spray is not allowed to drift onto them when treating an adjacent crop.

Paragraph 122
Where a public right of way crosses or runs alongside a field of other area to be treated….

This paragraph is also presumed to be referring to crop husbandry products, and needs to be more specific.
Suggest modifying as follows:
Where a public right of way crosses or runs alongside a field of other area to be treated with a crop husbandry product…

Paragraph 123
Notices should not aim to stop people from using a public right of way.
This statement is not strong enough.
Suggest modifying as follows:
It is an offence to display notices which aim to stop people from using a public right of way.

Paragraph 124
With some pesticides it is a condition of approval that unprotected people and livestock should be kept out of the treated area for a specific period.
It would be more accurate to state:
With some pesticides it is a condition of approval that unprotected people and / or livestock should be kept out of the treated area for a specific period.

Paragraph 125
This paragraph does not appear to add substantially to the statements made in paragraphs 120 to 124 which already embrace both agricultural and amenity situations.
The statement about vehicles could be added to paragraph 210.
Instead, paragraph 125 may be better used to consider advice on the use of pesticides in open country and forests, introducing the paragraph with the last sentence transferred from paragraph 120.
Suggest the following:
You will need to take special care in areas of open access, amenity and forestry situations which may have largely unrestricted public access.
In these situation, for example where bracken spraying is being undertaken, then warning notices will need to be placed at the major access points which may be a considerable distance from the spraying operation.
These access points will usually be where the public leave the tarred road or car park.
It would also be desirable to suggest an alternative route.

Colin Palmer
July 2004