Hazardous substances include all substances hazardous to health, controlled under COSHH, biocides and pesticides used in agriculture, horticulture and forestry (knows as Poisonous Substances in Guernsey legislation)
Some pesticides containing POE-tallowamines will be withdrawn from sale from 30 June 2017. Please find out more by folllowing this link [404kb].
Substances hazardous to health and chemicals
- We recognise the UK COSHH regulations as the appropriate standard. Please see the links at the bottom of this page for additional guidance.
What are "poisonous substances" in Guernsey?
- Unlike the UK, there is a single framework for the control of pesticides including plant protection products and biocides in Guernsey. This includes herbicides, insecticides, fungicides, algaecides, rodenticides etc, irrespective of their use (plant protection, or human / animal / material protection).
Although the term pesticide is often used for plant protection products, it can also include biocides. For this reason, Guernsey legislation refers to Poisonous Substances.
- The purpose of the Control of Poisonous Substances (Guernsey) Regulations, 2014 , is -
- to protect the health and safety of human beings, animals and plants, and
- to safeguard the environment, and in particular, to avoid pollution of water.
- Pesticides in general, including plant protection products and biocides, are prescribed in the Control of Poisonous Substances (Guernsey) Regulations 2014 as any substance, preparation or organism prepared or used for any of the following purposes:
- protecting plants or wood or other plant products from harmful organisms;
- regulating the growth of plants;
- giving protection against harmful creatures;
- rendering such creatures harmless;
- controlling organisms with harmful or unwanted effects on water systems, buildings or other structures, or on manufactured products; and
- protecting animals against ectoparasites
Approved plant protection products and biocides (known as "poisonous substances" in Guernsey)
- There are slightly different frameworks for the approval of plant protection products and biocides. In simple terms, the approval of all poisonous substances (pesticides) in Guernsey follows the UK and EU approvals:
- Plant protection products approved in the UK, and biocides approved in the EU (including UK) are approved in Guernsey, unless specific restrictions are imposed (licensing or prohibition) - Guernsey list of probibited and licensed pesticides [272kb];
- Plant protection products approved in other EU member states but not in the UK may be approved or licensed locally where there is a compelling need, but by default, are not approved in Guernsey - Guernsey list of licensed pesticides [272kb];
- Plant protection products and biocides not approved in the EU (nor in the UK) are not approved in Guernsey and their storage and use is strictly prohibited. If you have any of these, please contact the HSE on 234567 or firstname.lastname@example.org to arrange their safe removal and disposal.
- This definition includes such substances such as antifouling paints used to prevent the fouling of vessels hull below the water-line, however only products which have full approval in the United Kingdom or licensed approval in Guernsey, may be used locally.
- An application form to import antifouling paints is available for download
What are my legal duties?
- The Regulations control the importation, advertising, storage, sale, supply and use of prescribed substances.
- Amateur products acquired from a retail outlet can be used for private use.
- Professional products are for professional users only (commercial use) and can only be purchased by persons who hold a certificate of competency. Only people with a current National Proficiency Test Council Certificate (NPTC) of Competence can purchase professional pesticides / chemicals, and a certificate and / or identity card must be shown at the time of purchase. For Training Information - Telephone the College of Further Education on 737500.
- For licensed pesticides , the commercial user will need to apply to the HSE [430kb] before purchasing and applying the product.
Record keeping (including Pesticide Register)
- A register must be kept by the employer under the provisions of the Poisonous Substances (Guernsey) Law, 1994. All employees using a Poisonous Substance must be entered into this Register and the relevant information recorded. The PS3 register is available for download here [603kb].
- A record of the risk assessment, material safety data sheet (MSDS), COSHH assessment and environmental assessment must be available to the workers using poisonous substances.
Pesticide / chemicals - Disposal and collection
- Contact the Health and Safety Executive regarding the disposal of pesticides and chemicals. The Technical Officer will arrange a time for the collection of the unwanted items.
- Do not transport such products to Raymond Falla House for safety reasons, e.g. spillage on route / fumes from the chemicals. Please do not dispose of them independently, seek the advice of the Health and Safety Executive first. Email: email@example.com
Hazardous Waste Disposal
- A set of requirements must be met before disposal can proceed. If possible, it is better to dispose of waste locally.
- The waste cannot be shipped until the Environment Agency in England and the Waste Regulator (Office of Environmental Health and Pollution Regulation) in Guernsey has checked every item for shipment. A bond has to be taken out to cover the full cost of returning the waste to the consignor if necessary.
- The waste has to be traceable - this is known as 'Cradle to Grave'.
- Please contact the Health and Safety Executive for further information, guidance handouts for any Hazardous Substance enquiry.
- Tel: 234567 or Email: firstname.lastname@example.org