Regulation No. 50 of the Minister of Agriculture establishing the Requirements for use of plant protection products

Requirements for use of plant protection products1 Regulation No. 50 of the Minister of Agriculture of 20 April 2006 (RTL2 2006, 36, 627), entered into force 15.05.2006 Amended by the following Regulations: 08.09.2006 entered into force 01.10.2006 - RTL 2006, 69, 1278. The Regulation is established on the basis of subsection 78 (5) of the Plant Protection Act. § 1. Scope of application (1) The Regulation establishes requirements for the use of plant protection products. (2) In the case of the use of methyl bromide the requirements for the use of highly toxic plant protection products provided for in Regulation of the Government of the Republic No.107 of 4 May 2006 "Requirements for the use of highly toxic plant protection products and for persons using such plant protection products" shall be applied. (08.09.2006 entered into force 01.10.2006 - RTL 2006, 69, 1278) § 2. Requirements for safe use of plant protection products (1) Users of plant protection products shall store plant protection products in their original packaging with legible labelling in the storage conditions which would ensure preservation of plant protection product such that they are usable. (2) Plant protection products shall be stored in a facility suitable therefor, in case of a small amount of a plant protection product in a locked container or cabinet prescribed therefore, supplied with a danger warning sign used in case of toxic substances. (3) A facility for the storage of plant protection products shall conform to the following requirements: 1) it shall be of the necessary size; 2) it shall be well ventilated and lighted; 3) the floor shall be of liquid impermeable, chemical resistant and non-slip material with a high threshold; 4) the interior walls shall be smooth and easy to clean. (4) A cabin prescribed for the storage of plant protection products shall be located in a building which is neither a residential building nor a livestock building. (5) The big packaging of plant protection products shall be placed on wooden pallets in case of storage on the floor. (6) The storage facility for plant protection products shall contain liquid absorbing materials such as sand, sawdust or turf and a brush, shovel and a waterproof container for the collection of the plant protection product spilled out of the package. First aid equipment and fire extinguishing equipment and the emergency call number of the alarm centre 112 shall be displayed in a visible place in the storage facility. (7) The empty packaging of plant protection products shall be stored in the storage facility for plant protection products or in a container or cabin prescribed therefor until the delivery of the packaging to a handler of hazardous waste. § 3. Use of personal protective equipment upon the performance of plant protection work (1) Upon the use of a plant protection product (hereinafter plant protection work) the user of the plant protection product shall use respiratory protection equipment to prevent the inhalation of the plant protection product; all the body parts shall be covered in order to prevent percutaneous toxication. (2) In order to comply with the requirement provided for in subsection (1) the appropriate personal protective equipment such as protective clothing, chemical proof gloves, safety boots, headgear, close-fitting goggles or eyewear peaks which can be used on ordinary spectacles, if necessary, and respiratory protection equipment shall be used pursuant to the Occupational Health and Safety Act in compliance with the safety and risk phrases on the labelling of the packaging of the plant protection product, user manual or safety data sheet of the plant protection product. (3) The personal protective equipment used shall be kept clean. Personal protective equipment shall be cleaned after the completion of the plant protection work. § 4. Hygiene requirements for plant protection work (1) In order to prevent human exposure to a plant protection product, eating, drinking and smoking is prohibited during the performance of plant protection work. (2) Face and hands shall be washed during the breaks between plant protection work. After the completion of plant protection work a person shall wash himself or herself all over and change his or her clothes. The clothing contaminated with a plant protection product shall be washed after use. § 5. Safety requirements for spraying with plant protection products (1) A plant protection product shall be used in compliance with the instructions supplied on the labelling of the packaging of the plant protection product by adhering to the limitations on use specified therein, including the established buffer zone (the distance between the sprayed area and the water boundary in meters) and the prohibition to use the same plant protection product on the same field in consecutive years. (2) Plant protection products shall be sprayed only with plant protection equipment which is in good working order. For the preparation of a working solution only a labelled measuring vessel and device prescribed for such purpose shall be used. (3) Emptied packages of plant protection products shall be flushed with clean water for at least three times during the preparation of the working solution by pouring the flush water into the tank of the plant protection equipment. If plant protection equipment is supplied with a filling device with a flushing mechanism, such mechanism shall be used. (4) Upon the preparation of a working solution the required amount of working solution shall be calculated in order to avoid surplus. The working solution left over from spraying shall not be left in the tank of the plant protection equipment; it shall be diluted with water multiple times and sprayed dispersively on the field. (5) It is prohibited to spray a plant protection product if windspeed exceeds 4 m/s unless it is permitted to use the plant protection product at a higher windspeed in the technical data provided in the user manual of the plant protection equipment. Upon spraying the wind direction with respect to the buildings, horticultural, arable crops or forest cultures located nearby shall be taken into account in order to prevent potential contamination of non-treated area with the plant protection product. (6) In order to prevent diffusion of a big amount of working solution in air it is prohibited to spray when the air temperature exceeds 25 ºC. It is also prohibited to spray dewy plants, immediately before rain, during rain and immediately after rain. (7) If a person has notified the user of a plant protection product of the existence of his or her apiary, the user of a plant protection product shall notify the person, whose apiaries are located at a distance of up to two kilometres from the field where it is planned to use the plant protection product, of the plant protection work at least 48 hours before starting spraying with the plant protection product. (8) It is prohibited to spray areas where there are blooming flowers with a plant protection product unless there is a notation on the labelling of the packaging of the plant protection product that the plant protection product may be used during the blooming period of flowers and fluttering period of bees. § 6. Water protection requirements for spraying with plant protection products (1) Preparation of a working solution in the sanitary protection zone of a water intake or maintenance area of a water abstraction point is prohibited. (2) Pursuant to subsection 29 (2) of the Water Act it is prohibited to spray a plant protection product in a water protection zone closer than 20 meters from the water boundary of the Baltic Sea, Lake Võrtsjärv, Lake Lämmijärv, Lake Peipus and Lake Pskov, 10 meters from the water boundary of other lakes, reservoirs, rivers, brooks, springs, main ditches and channels, and artificial recipients of land improvement systems, 1 meter from the water boundary of artificial recipients of land improvement systems with a catchment area of less than 10 km2 unless a wider buffer zone is noted on the labelling of the packaging of the plant protection product. § 7. Safety requirements for treatment of seeds (1) Seeds may be treated by special equipment or equipment adapted for such work by adhering to the safety requirements for the use of the equipment and the performance of plant protection work. (2) The permitted method of treatment is wet treatment. Dry treatment is permitted in case of special equipment and a plant protection product prescribed therefor. (3) The place of treatment shall be located at a distance of at least 50 meters from residential buildings, livestock buildings and constructions, areas which are enclosed for the keeping of animals, feedingstuff storages, wells and water bodies. (4) Contamination of the place of treatment with disinfected seeds and the plant protection product used for disinfection shall be avoided. Use of disinfected seeds for food or feed is prohibited. (5) A notation concerning the plant protection product used for treatment shall be presented on the labelling of the sales packaging of treated seeds. (6) It is prohibited to keep disinfected seeds in the same facility with food or feedinstuffs and to transport disinfected seeds together with other goods. If upon the transport of treated seeds the means of transport is contaminated with the plant protection product used upon treatment, the means of transport shall be cleaned. § 8. Safety requirements for performing plant protection work in greenhouses (1) In greenhouses only the plant protection products prescribed therefor shall be used. (2) The growing-season plant care works shall be performed before the treatment of the greenhouse with a plant protection product. Plant care work may be continued after expiry of the re-entry period. (3) A general purpose gas-mask or a breathing apparatus shall be worn upon the performance of plant protection work in a greenhouse. Unauthorised persons are not permitted to be in the greenhouse during the performance of plant protection work. Plant protection work shall be started from the far end of a greenhouse by moving towards the exit. (4) In a greenhouse with an area of over 100m2 there shall be a place for the preparation of a working solution and for washing the plant protection equipment. (5) Sand, sawdust or turf shall be spread on spilled plant protection product or working solution which shall be collected thereafter into a leakproof closed container and delivered to a handler of hazardous waste. (6) Greenhouses shall be disinfected at the time when there are no plants therein. (7) A greenhouse with plants may be disinfected in order to prevent spreading of plant pests. The plants which are in a greenhouse during disinfection shall be taken out of the greenhouse after the expiry of the re-entry period of the plant protection product. § 9. Safety requirements after plant protection work in greenhouses (1) A greenhouse shall be locked after the completion of plant protection work and a warning label shall be attached on the door including information on the plant protection product, the date and time of the use thereof and the re-entry period. (2) Work may be performed in the greenhouse before the expiry of the re-entry period only by using personal protective equipment, but not earlier than 18 hours after the performance of plant protection work with a plant protection product. § 10. Safety requirements for performance of plant protection work in green areas and other non agricultural land and forest land (1) Plant protection work may be performed in cities and other settlements and elsewhere in the close proximity of residential buildings if it is not possible to control plant diseases and pests or weed by agrotechnical or other measures. (2) The neighbouring residents shall be notified of the performance of plant protection work in a green area in advance and after the completion of plant protection work warning labels including information on the plant protection product and re-entry period from the expiry of which it is permitted to use the treated area shall be installed on the area. (3) Contamination of structures such as children’s playgrounds and objects in the green area shall be prevented upon the performance of plant protection work in a green area. If a plant protection product has come into contact with the abovementioned structure or object, it shall be washed thoroughly. (4) In the case of the performance of plant protection work on a tramway or railway track or gas pipeline the person who orders the work shall notify the neighbouring residents of the date and time of the performance of the plant protection work and the plant protection product used in the press, by radio or television two days before the commencement of the plant protection work (5) Plant protection work may be performed on the territory of a health care institution, child care institution or sports ground if the staying of persons on the area is precluded during the re entry period indicated on the packaging of the plant protection product. Warning labels including information on the plant protection product and re-entry period from the expiry of which it is permitted to use the treated area shall be installed on the barriers of the ground after the performance of plant protection work. (6) In the case of the performance of plant protection work on forest land only the plant protection products prescribed therefor shall be used. The neighbouring residents shall be notified of the plant protection work on forest land seven days before the commencement of the work. Three days before the commencement of plant protection work the area to be treated shall be bounded by warning labels in such a way that the next label would be seen from each label. A warning label shall set out the following information: 1) the date of treatment with a plant protection product; 2) the name of the plant protection product used; 3) the period during which it is prohibited to enter the treated area and pick plants, mushrooms and berries therefrom. § 11. Entry into force of Regulation This Regulation enters into force on 15 May 2006. 1 Council Directive 91/414/EEC concerning the placing of plant protection products on the market (OJ L 230, 19.08.1991, pp. 1–172), amended by Directives 93/71/EEC (OJ L 221, 31.08.1993, pp. 27–36), 94/37/EC (OJ L, 29.07.1994, pp. 65–81), 94/43/EC (OJ L 227, 01.09.1994, pp. 31–55), 94/79/EC (V 354, 31.12.1994, pp. 16–31), 95/35/EC (OJ L 172, 22.07.1995, pp. 6–7), 95/36/EC (OJ L 172, 22.07.1995, pp. 8–20), 96/12/EC (OJ L 65, 15.03.1996, pp. 20–37), 96/46/EC (OJ L 214, 23.08.1996, pp. 18–24), 96/68/EC (OJ L 277, 30.10.1996, pp. 25–34), 97/57/EC (OJ L 265, 27.09.1997, pp. 87–109), 97/73/EC (OJ L 353, 24.12.1997, pp. 26–28), 98/47/EC (OJ L 191, 07.07.1998, pp. 50–52), 1999/1/EC (OJ L 21, 28.01.1999, pp. 21–23), 1999/73/EC (OJ L 206, 05.08.1999, pp. 16–18), 1999/80/EC (OJ L 210, 10.08.1999, pp. 13–15), 2000/10/EC (OJ L 57, 02.03.2000, pp. 28–30), 2000/49/EC (OJ L 197, 03.08.2000, pp. 32–34), 2000/50/EC (OJ L 198, 04.08.2000, pp. 39–40), 2000/66/EC (OJ L 276, 28.10.2000, pp. 35–37), 2000/67/EC (OJ L 276, 28.10.2000, pp. 38–40), 2000/68/EC (OJ L 276, 28.10.2000, pp. 41–43), 2000/80/EC (OJ L 309, 09.12.2000, pp. 14–23), 2001/21/EC (OJ L 69, 10.03.2001, pp. 17–21), 2001/28/EC (OJ L113, 24.04.2001, pp. 5–7), 2001/36/EC (OJ L 164, 20.06.2001, pp. 1–38), 2001/47/EC (OJ L 175, 28.06.2001, pp. 21–23), 2001/49/EC (OJ L 176, 29.06.2001, pp. 61–63), 2001/87/EC (OJ L 276, 19.10.2001, pp. 17–20), 2001/99/EC (OJ L 304, 21.11.2001, pp. 14–16), 2001/103/EC (OJ L 313, 30.11.2001, pp. 37–39), 2002/18/EC (OJ L 55, 26.02.2002, pp. 29–32), 2002/37/EC (OJ L 117, 04.05.2002, pp. 10–12), 2002/48/EC (OJ L 148, 06.06.2002, pp. 19–23), 2002/64/EC (OJ L 189, 18.07.2002, pp. 27–32), 2002/81/EC (OJ L 276, 12.10.2002, pp. 28-30), 2003/5/EC (OJ L 8, 14.01.2003, pp. 7–9), 2003/23/EC (OJ L 81, 28.03.2003, pp. 39–42), 2003/31/EC (OJ L 101, 23.04.2003, pp. 3–9), 2003/39/EC (OJ L 124, 20.05.2003, pp. 30–32), 2003/68/EC (OJ L 177, 16.07.2003, pp. 12–16), 2003/70/EC (OJ L 184, 23.07.2003, pp. 9–12), 2003/79/EC (OJ L 205, 14.08.2003, pp. 16–18), 2003/81/EC (OJ L 224, 06.09.2003, pp. 29–31), 2003/82/EC (OJ L 228, 12.09.2003, pp. 11–28), 2003/84/EC (OJ L 247, 30.09.2003, pp. 20–25), 2003/112/EC (OJ L 321, 06.12.2003, pp. 32–35), 2003/119/EC (OJ L 325, 12.12.2003, pp. 41–43), 2004/20/EC (OJ L 70, 09.03.2004, pp. 32–34), 2004/30/EC (OJ L 77, 13.03.2004, pp. 50–53), 2004/58/EC (OJ L 120, 24.04.2004, pp. 26–29), 2004/60/EC (OJ L 120, 24.04.2004, pp. 39–42), 2004/62/EC (OJ L 125, 28.04.2004, pp. 38–40), 2004/66/EC (OJ L 168, 01.05.2004, pp. 35–67), 2004/71/EC (OJ L 127, 29.04.2004, pp. 104–106), 2004/99/EC (OJ L 309, 06.10.2004, pp. 6–8), 2005/2/EC (OJ L 20, 22.01.2005, pp. 15–18), 2005/3/EC (OJ L 20, 22.01.2005, pp. 19–23), 2005/25/EC (OJ L 90, 08.04.2005, pp. 1–34), 2005/34/EC (OJ L 125, 18.05.2005, pp. 5–7), 2005/53/EC (OJ L 241, 17.09.2005, pp. 51–56), 2005/54/EC (OJ L 244, 20.09.2005, pp 21–23), 2005/57/EC (OJ L 246, 22.09.2005, pp. 14–16), 2005/58/EC (OJ L 246, 22.09.2005, pp. 17–19), 2005/72/EC (OJ L 279, 22.10.2005, pp. 63–69), 2006/5/EC (OJ L 12, 13.01.2006, pp. 17–20), 2006/6/EC (OJ L 12, 13.01.2006, pp. 21–23) 2006/10/EC (OJ L 25, 28.01.2006, pp. 24–27), 2006/16/EC (OJ L 36, 08.02.2006, pp. 37–39), 2006/19/EC (OJ L 44, 15.02.2006, pp. 15–17), 2006/39/EC (OJ L 104, 13.04.2006, pp. 30–35), 2006/41/EC (OJ L 187, 08.07.2006, pp. 24–27), 2006/45/EC (OJ L 130, 18.05.2006, pp. 27–28), Decision 2005/303/EC (OJ L 97, 15.04.2005, pp. 38–40) and Regulations (EC) No 806/2003 (OJ L 122, 16.05.2003, pp. 1–35), (EC) No 2229/2004 (OJ L 379, 24.12.2004, pp. 13–63) and (EC) No 396/2005 (OJ L 70, 16.03.2005, pp. 1–16); Council Directive79/117/EEC, prohibiting the placing on the market and use of plant protection products containing certain active substances (OJ L 33, 8.02.1979, pp 36–40); Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ P 196, 16.08.1967, pp. 1–98); Directive1999/45/EÜ of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (OJ L 200, 30.07.1999, pp. 1–68). (08.09.2006 entered into force 01.10.2006 - RTL 2006, 69, 1278) 2 RTL = Riigi Teataja Lisa = Appendix to the State Gazette