DANGEROUS weed killers and pesticides are being sold online, even though legally they can only be used by trained professionals.
Pest control companies and environmental campaigners alike are warning of the dangers of using these products without proper training.
These “professional pesticide products” are designed for farmers and groundskeepers and contain chemicals in concentrations that cannot legally be used by someone who is not trained.
But a loophole in the law means there are no restrictions on selling the products to amateur gardeners.
An investigation by Unearthed– Greenpeace’s investigative journalism platform – showed that some sellers are deliberately marketing professional products to amateurs online.
A written briefing by the Crop Protection Association (CPA) – which represents some of the world’s largest pesticide companies – described the online sale of professional pesticides to amateurs as an “area of significant concern”.
I’ve already bought weedkiller and I’m worried, what can I do?
UNFORTUNATELY customers who have already purchased weedkiller containing glyphosate are unlikely to be able to take it back.
As the products haven’t been recalled by major UK retailers yet, retailers aren’t officially offering returns for unhappy customers.
If you bought online, the Consumer Contracts Regulations gives you a cancellation period that ends 14 days from the day you receive your goods.
During that time you can return goods for any reason.
You then have a further 14 days from the date you notify the retailer that you’d like to cancel your order to return the goods to it.
If you bought weedkiller in store, or after an online cancellation period, you are at the mercy of the retailer.
If you’re worried, it’s worth attempting to return your purchase, as you may be given store credit or your money back.
The briefing states: “Although amateur products are available, they are often overshadowed by the sheer number of professional products being offered.
“The products are frequently listed or advertised with amateurs clearly as the target audience using words such as ‘very strong’ or ‘strongest’ or super strength, for example.
“In order to attract purchasers, the products are often supplied complete with lightweight disposable gloves and a measuring cup of some sort, not usually something which a professional user would expect to be supplied.”
In particular, the CPA highlighted Amazon, eBay, and Facebook marketplace as forums where sellers market professional products to amateurs.
Confusingly, even though untrained people aren’t allowed to use these professional products, there is nothing in the law that stops manufacturers from selling them to the public.
A spokesperson for HSE – the government body for health and safety at work – explained: “The sale of plant protection products authorised for professional use is not in itself a breach of the law. “The potential breach in the legal requirements arises if the seller does not meet the requirements of the legislation as set out in regulation 9 of the Plant Protection Products (Sustainable Use) Regulations 2012 (PPP(SU)R).”
This legislation specifies that distributors must make sure that enough certified staff are available at the time of the sale to provide adequate information to customers regarding use, health and environmental risks and safety instructions.
The spokesperson continued: “Where HSE has identified internet sales of unauthorised products we have taken action, working with Trading Standards where appropriate, to have sales withdrawn or have seized product and, as necessary, pursued action against sellers.
“HSE has also conducted a proactive exercise, specifically in relation to sales of professional glyphosate products and has pursued appropriate action against sellers in relation to this.
“Following the introduction of requirements for sellers of professional products to have certificated staff available at the time of sale, HSE contacted a number of online sellers reminding them of their responsibilities.
“HSE also held discussions with eBay to help it strengthen its policies pertaining to the sale of plant protection products to ensure these are consistent with the requirements of the regulations.”
A spokesperson for eBay said: “eBay has no tolerance for illegal sales of pesticides on our marketplace. We work closely with the regulators like the HSE to ensure that all listings comply with the law and we constantly monitor our marketplace to enforce this.”
Councillor Ian Adams, cabinet member for public protection and licensing in Westminster – which is in charge for Trading Standards issues related to eBay, said: “The council takes any allegation of the sale of unlawful goods by companies based in Westminster extremely seriously, and works with all parties involved to halt the sale of illegal biocides and pesticides.
“Due to the nature of businesses such as eBay, removing infringing products for sale is an ongoing process.
“Westminster City Council will follow up the new listings with eBay to ensure that they are removed and further discuss the measures in place to prevent similar listings appear in future.”
A government spokesperson added: “The law requires anyone who purchases professional plant protection products to make sure the end user holds a government recognized training certificate.
“It is an offence to use these professional products without such a certificate.”
Credit: www.thesun.co.uk