UKTC Archive

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        Andy Poynters’ survey on hard surfaces near to trees
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Hare, Gareth wrote:

<<Yes, but they're not using it as a pesticide.>>

Ok, looking at it from a different angle (I do not know the answer to
this) what would the legal ramifications be if for instance someone was
to report the off label use of salt as a pesticide to kill tree stumps?
Who would they report it to?

The HSE pesticides Safety Directory.
Enquiries could be addressed to   Inform@xxxx.hse.gsi.gov.uk

Thank you for your enquiry to my colleague Son Tuffnell regarding the

use of products containing ammonium sulphamate.

I can confirm that ammonium sulphamate has been reviewed within the

EC. In April 2006 a decision of non-inclusion on Annex I of EC

Directive 91/414/EEC was taken which resulted in the withdrawal of

authorisations for plant protection products containing this active

substance. A complete dossier on the active substance was not

submitted within the timeframe therefore it was not possible to

demonstrate that the proposed uses met the requirements of the

Directive. I have provided a link below to the Commission Decision on

non inclusion.

http://www.pesticides.gov.uk/uploadedfiles/Web_Assets/PSD/001116092-ammonium%20sulphamate,%20hexaconazole,%20sodium%20tetrathiocarbonate,%208-hydroxyquinoline,%20non-inc.pdf

The Commission Decision required Member States to withdraw

authorisations for plant protection products containing ammonium

sulphamate within 6 months. A period of grace of 18 months from the

date of the Decision was provided for disposal, storage and use of

existing stocks within the supply chain. This means that approval was

withdrawn on 22 May 2007 for the advertisement, sale and supply for

_all_ persons. Approval for use by any person other than the approval

holder or their agent expires on 22 May 2008. Approval for storage by

_all_ persons expires on 22 May 2008.

From the 22 May 2008 it is therefore no longer legal to store or use a

plant protection product containing ammonium sulphamate. You

mentioned that it is still available as a compost accelerator. This

use is acceptable as long as it does not fall within the scope of the

Plant Protection Products Regulations as a 'Plant Protection

Product' or is not making pesticidal claims on the label. It is not

legal to use this product in a situation that would be considered to

be a plant protection use which includes the application to tree

stumps. I have included below the definition of 'plant protection

product' from the legislation (The Plant Protection Products

Regulations 2005).

      "plant protection product" means an active substance or a
      preparation containing one or more active substances, put up in

the form in which it is supplied to the user, intended to -

      (a) protect plants or plant products against all harmful
      organisms or prevent the action of such organisms;

      (b) influence (for example, as a growth regulator) the life
      processes of plants, otherwise than as a nutrient;

      (c) preserve plant products, in so far as such active substances
      or preparations are not subject to provisions of Community law
      on preservatives;

      (d) destroy undesired plants; or

      (e) destroy parts of plants or check or prevent the undesired
      growth of plants;

I hope that this clarifies the situation. Please contact me again if

you have any further questions.

Regards

Rosie Mitchell

Pesticides Safety Directorate
Room  312 Mallard House
Kings Pool
3 Peasholme Green
York
YO1 7PX

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