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Crop sprayer “Grandfather Rights” come to an end

ProCam employs seven agronomists in Scotland.
ProCam employs seven agronomists in Scotland.

The time is up for those still operating crop sprayers under what is known as “Grandfather Rights.”  As of Thursday, it will against the law  to purchase or spray plant protection products (PPPs)  without the necessary certification.

Alistair Ewan, recently appointed chief executive of Scottish Quality Cereals  has warned that as well as breaking the law anyone operating without the appropriate certificates will risk losing their quality assurance status.

He said: “This is not something which should be left unattended until an inspection is due. There are multiple courses on offer through Ringlink over the winter and I strongly recommend taking advantage of them.”

Until now those born before  the end of December 1964 could use Grandfather Rights, to spray agrichemicals responsibly on their or their employer’s land without a certificate of competence. It will also become an offence for anyone to purchase professional PPPs unless they have ensured that the person who will use the product holds the relevant qualifications.

There are three options available to those no longer able to use Grandfather Rights. Firstly they can pass a new “Level 2 Award in the Safe Use of Pesticides Replacing Grandfather Rights”. This lengthily named new qualification is only available to those born before December 31, 1964, and is specifically designed to take into account the experience they will have built up over  the years. The limitation of this option is that it only authorises a person to use professional PPPs on land they own or occupy and is not suitable for those who use them on an employer’s land.

The second option is simply to obtain the  existing “Level 2 Award in Safe Use of Pesticides” certification. This allows them to spray on their own land, employer’s land, or as a contractor.

The third option is to use a qualified contractor for all sprayer work. There is a caution here, however because it wil only be possible to buy agrichemicals if the seller can be convinced that the products will be applied by a qualified contractor

It is also possible at the moment to purchase and apply professional pesticides when “under supervision” for the purposes of training but again this appears to be a slightly grey area.

NFU Scotland’s Deputy Director of Policy, Andrew Bauer said: “As the deadline for the expiry of Grandfather Rights is now upon us, it is essential that all farmers, if they haven’t done so already, take action to ensure that they remain compliant with the law and can buy and apply the PPPs that they need.

“Here in Scotland there are relatively few providers of the training and certification that farmers need, and they are all based on the east coast. For those in the west and north, it may be more economical for them to club together with neighbouring farmers to seek the necessary training or certification – that way spreading the costs of getting the trainer or tester to their part of the country.

Wiltshire farmer Richard Butler, chairman of the Voluntary Initiative, the industry self-regulator, is one of those whose Grandfather Rights are about to come to an end.

He  passed his “Level 2 Award in the Safe Use of Pesticides Replacing Grandfather Rights” last week, just  ahead of the deadline.

“It’s tempting for those of us who have been spraying for decades to think we know it all, but taking this course has shown me that there were gaps in my knowledge. I would encourage anyone who has yet to replace their Grandfather Rights with a specified certificate to do so,” he said.