Of Plant Protection Products In The Distribution, Storage And Use

Original Language Title: Augu aizsardzības līdzekļu izplatīšanas, glabāšanas un lietošanas noteikumi

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/88055

 
Cabinet of Ministers Regulations No. 463, Riga 2004 April 29 (pr. No 26 28) distribution of plant protection products, storage and usage rules Issued under the plant protection act, article 5, paragraph 5 of article 7 of the fourth paragraph of article 8 of the sixth, the second paragraph of article 9 and article 10, second subparagraph, (I) General questions 1. determines the distribution of plant protection products, arrangements for storage and use, commercial sites, izvirzāmo obligations and rights of individuals, of plant protection products in the import and export procedures as well as of plant protection products and plant protection products registered in the order of movement and control.
2. Compliance with the provisions of the supervision and control of the national plant protection service (hereinafter service) officer. 3. the service each year up to august 1, report to the European Commission and the other Member States of the European Union concerning the movement of plant protection products on the control results in the previous year.
II. distribution of plant protection products, plant protection products may be distributed enterprise (company) or merchant who received the Ministry of agriculture issued a special permit (license) of the plant protection product for distribution (for imports from countries which are not Member States of the European Union, trade or storage) (hereinafter the licensee).
5. the registered plant protection products until they are either moved to another Member State of the European Union may be stored in a warehouse, point of sale, which the owner or legal possessor has received special permission (license) of the plant protection product for distribution. 6. plant protection products from a country that is not a Member State of the European Union (hereinafter third country?), controlled by the food and veterinary service of sanitary border inspection (hereinafter referred to as the sanitary border inspection) at the border inspection post or customs warehouse (depending on customs clearance). Customs procedures can be designed only after this control. 7. A plant protection product shall be returned to a third country from which it was exported, if: 7.1. plant protection product not registered in Latvia; 7.2. a plant protection product has expired; 7.3. a plant protection product is not classified, labelled or packaged in accordance with the legislation on plant protection products classification, labelling and packaging; 4.6. a plant protection product is not packed in the original manufacturer's packaging or labelling is not Latvian language.
8. the licensee shall within seven working days after the importation of a plant protection product shall submit to the Department of plant protection product issued by the manufacturer of the plant protection product quality certificate. 9. Latvia is not a registered plant protection products intended for distribution or use of any of the Member States of the European Union, may be imported, manufactured, stored or moved if not registered in Latvia in the plant protection product is: 9.1 registered in a Member State of the European Union, to which it is intended to be transported; 9.2. classified, labelled or packaged in accordance with the legislation on plant protection products classification, labelling and packaging, other than the requirement for labelling in the language of the country.
10. not registered produced in the plant protection product may be stored pending its transfer to another Member State of the European Union if it complies with this provision in paragraph 9. 11. the Person responsible for this provision 9 or 10, paragraph of the plant protection product movement to another Member State of the European Union, shall ensure that: 11.1. quality of evidence a copy of a document each plant protection product for each lot. 11.2. the document certifying the registration of plant protection products in existence in the Member State of the European Union, to which it transferred.
12. The European Union is not a registered plant protection products from third countries controlled sanitary border inspection at the border inspection post or customs warehouse (depending on customs clearance). Customs procedures can be designed only after this control. 13. A plant protection product shall be returned to the Member States of the European Union or third-country from which imported without registered plant protection product where: 13.1. it is not registered in a Member State of the European Union, to which it is intended to be transported; 13.2. This is not classified, packaged or labelled in accordance with the provisions of paragraph 9.2.
14. The holder of the licence: 14.1. ensure that for each plant protection product for each lot would be the quality of the identity document; 14.2. ensure each plant protection product safety data sheet in accordance with the laws of the order in which the fields and send chemical and chemical product safety data sheets; 8.9. within 10 working days, prior to the storage site is not registered in the imported plant protection product intended to move to another Member State of the European Union, provides service for the following information (in writing): 14.3.1. Member State of the European Union, the enterprise (company) or merchant who sent the shipment (name, address, registration number); 14.3.2. Member State of the European Union, the enterprise (company) or merchant who receives the shipment (name, address, registration number); 14.3.3. the lot number, the name of the plant protection product, quantity, packaging size; 14.4. the storage not registered plant protection product provides the following documents: 14.4.1. plant protection products quality certificate; 14.4.2. the document certifying the registration of plant protection products in existence in the Member State of the European Union; 14.4.3. the document containing the following information: 14.4.3.1. Member State of the European Union, the enterprise (company) or merchant who sent the shipment (name, address, registration number); 14.4.3.2. the Member State of the European Union, the enterprise (company) or merchant who receives the shipment (name, address, registration number); 14.4.3.3. lot number, the name of the plant protection product, quantity, packaging size; 14. at the end of each calendar year made to inventory an inventory of plant protection products, checking the packaging and expiry date; 14.6. enables service officer to become familiar with these rules, those records, as well as control the marketing or storage space; 14.7. keep with the movement of plant protection products in related documents not less than five years; 9.2. ensure that trade or storage site would be the employee who received the services provided by the consultant certificate (annex 1), which gives the right to advise customer of plant protection products (hereinafter consultant).
15. The plant protection Advisor provides advice to the purchaser for the use of the plant protection product and storage rules, as well as on the necessary security measures.
16. the licensee is prohibited from: 16.1. distribute herbal remedy to a person who is less than 18 years of age; 16.2. to distribute the first and second class for registration of plant protection products to a natural person who does not have a certificate for the plant protection the minimum knowledge areas (annex 2), or a company (a company) and the operator, unless a special permit (license) of the plant protection product distribution; 16.3. disseminate the plant protection product, the packaging of which is damaged or without labelling, as well as where the label is illegible, damaged or deleted inscriptions; 16.4. rolling, or transfuse of plant protection products in different packaging; 16.5. the spread of the plant protection product, have expired, except when the service has adopted a decision on the authorisation of plant protection products following the distribution.
17. in order to service the Inspector can participate in the plant protection product sampling, having expired, the holder of the licence at least five working days before removing the submit service sample application (annex 3). 18. The holder of the licence this rule 16.5. the decision referred to in the application, the service shall be submitted to the accredited laboratory of the plant protection product sample test results. 19. Plant protection products prohibited to distribute: 19.1. using vending machines or self-service systems; 19.2. trade fairs, shows, outings, street trade outlets and markets.
20. the marketing of plant protection products in place of banned trade in foodstuffs, feedingstuffs and medicines (except in the case of plant protection products were placed in a separate room). 21. plant protection products to trade places in specially equipped outlets part separately from other goods in a closed cupboard or shelf. 22. Volatile plant protection products may be deployed only in well-ventilated spaces. 23. licensee shall maintain a record of:

23.1. plant protection products which are received, is located at the point of sale, are damaged or expired, giving the log: 23.1.1. purchase plant protection products? receipt date, the name of the plant protection product, package size and quantity; 23.1.2. plant protection products which store? the name, quantity, packaging, quantity issued from inventory and balance; 23.1.3. plant protection product that has expired? the name, quantity, packaging, expiry date, sampling date, the date when the decision on permission to distribute a plant protection product, have expired; 23.1.4. plant protection products with damaged packaging? name, size, quantity, packaging and the nature of the damage; 23.2. the registered plant protection products received and left the warehouse with a log: 23.2.1. plant protection products? the date of receipt, name, quantity, packaging size, lot number; 23.2.2. plant protection products stored in the warehouse? the name, quantity, packaging size, lot number; 23.2.3. exported plant protection products? exit date, name, quantity, packaging size, lot number.
24. persons spread first or second class of registration of plant protection products the holder of the licence in the register of plant protection products in the counting journal, noting the buyer's name, address, certificate (on the acquisition of knowledge minimum) number, the name of the plant protection product and quantity. 25. journalized messages a person confirms with a signature. 26. Transactions that use the lading-Bill, this provision in paragraph 23 and 24 such records may be made by computer.
III. Plant protection product storage 27. Plant protection products stored in a specially equipped outlets in the warehouse or in specially equipped for this purpose outlets, part of the warehouse (hereinafter? the storage space), following the manufacturers of plant protection products in certain storage conditions and temperature.
28. If the number of licence holders in the special permission (license) is one of the points of sale, store the equipment in a way that could identify the distributors of plant protection products and related plant protection products. 29. the plant protection product storage sites prohibits the use of cellars and warehouses, as well as residential or administrative facilities. 30. activities with first and second class for registration of plant protection products at the place of storage shall be at least two persons. 31. At the place of storage must be outsiders. 32. At the place of storage of prohibited food, feed and medicines. 33. the first class of registration of plant protection products stored in a locked room separate from the rest of the plant protection products. 34. If the place of storage, along with plant protection products are stored in other products, plant protection products from other goods restrained or placed them in closets, with adequate ventilation. 35. a plant protection product shall be placed: 21.8. only the shelves (racks) or on pallets; 21.9. to between the shelf rows of pallets or would be nothing less than a metre wide tunnel.
36. If plant protection products: 36.1. place the shelf (with or without pallets), pile height shall not exceed 2.5 metres. 36.2. placed with the pallets on the floor, the height of the pile on one pallet must not exceed 1.6 metres; 36.3. the pallets placed one upon the other, the total height of the pile may not exceed 2.6 meters.
37. Place of storage of the equipment according to the following technical requirements: 37.1. put inside the floor of the waterproof material or concrete; 37.2. the ventilation shall be provided with appropriate air circulation without air conditioning; 37.3. installed indoor plumbing or a special device for washing hands.
38. the storage location for the installation of adequate fire safety rules. 39. Place of storage placed well visible inscriptions on a white base with not less than 10 cm large dark red "attention, pesticides" and "no smoking, no eating, No drinking". 40. where are stored not registered plant protection products, in addition to deploy visible inscriptions on a white base with not less than 10 cm large dark red "Not registered plant protection products". 41. Plant protection products which are expired or whose quality does not meet the conditions for registration, or which does not comply with the labelling of plant protection products in order of registration laws and regulatory requirements, or damaged packaging, stored separately. This means the storage site deploys the inscription on the white base with not less than 10 cm large dark red "sale prohibited". Plant protection products, the packaging of which is damaged, remove the laws on waste management. 42. The storage space provided by: 42.1. personal protective equipment (e.g. respirators, goggles, protective clothing, gloves); 26.2. the absorbent material (for example, dry sawdust or peat); 26.3. the individual inventory (broom, bucket, scoop) that need rescue measures if spillage or creep out the plant protection products.
43. At the place of storage be placed well visible guidance on first aid, as well as the name of the person, address and phone number at which you can be contacted in case of accident or emergency. 44. the registered plant protection products stored in a separate room, subject to this provision 30, 31, 32, 35, 36 and 37, 38, and 39, paragraph.
IV. A plant protection product handling 45. a plant protection product, including unregistered, carrying: 45.1. the original undamaged packaging and labelling; 45.2. local and transit traffic in accordance with the laws and regulations governing the transport of dangerous goods.
46. it is prohibited to carry food, feed and medicines in one cargo hold to the plant protection product, also not registered.
V. use of plant protection products 47. First and second class for registration of plant protection products may be used by persons who are certified and have received a certificate for the plant protection the minimum knowledge areas (hereinafter referred to as the certificate).
48. in order to obtain a licence, a person shall submit an application to the Department (annex 4), then attaching the following documents: 29.9. a copy of the document certifying education obtained; 48.2. copy of the identity document; 48.3. photo (3 x 4 cm).
49. the service shall evaluate this rule 48 referred to in the documents presented and the month following receipt of the application to adopt one of the following decisions: 49.1. the decision on the need to organize the exam applicants about the movement of plant protection products on the regulatory requirements of the regulations, if the applicant has a higher or secondary professional education in agricultural crop husbandry, horticulture or Agronomy; 30.6. the decision on the need for the applicant to sort the exam on the minimum knowledge learning, if the applicant is not the highest or average agricultural vocational education in crop husbandry, horticulture or agronomy.
50. If the decision has been taken, the applicant shall carry out the examination of the movement of plant protection products on the regulatory requirements of the regulations, the Department shall inform the applicant in writing of the time and place of the examination no later than one month before the examination date. 51. If the decision has been taken, the applicant shall carry out the examination on the knowledge acquisition of the minimum service shall inform the applicant in writing of the time and place of training not later than one month before the start of training. 52. The applicant has the right to consult the training program for plant health knowledge acquisition and examination of the minimum sorting rules. 53. the service shall take a decision on the issue of the licence, if the applicant is: 53.1. visited the training plant health knowledge learning and passed the exam; 53.2. passed the exam.
54. the Department shall issue a certificate within 10 working days after the decision.
55. in order to extend the period of validity of the certificate, the applicant has two months before the expiration date in the application submitted to the authorities (annex 4). The application shall be accompanied by: 55.1. Overview of their professional activities in the field of plant protection during the period of validity of the licence; 55.2. photo (3 x 4); 55.3. identity document copy?, if the licence validity period there have been any changes.

56. the appearance of the application, the applicant shall evaluate the existing professional operations with the movement of plant protection products on the regulatory laws and month shall inform the applicant of the decision taken. 57. If the applicant satisfies the professional activities of the plant protection products regulations governing movement requirements, the Commission shall adopt a decision on the extension of validity of the certificate without additional checks of the applicant and within 10 working days, issue the new licence. 58. If the applicant does not comply with the professional activities of the plant protection products regulations governing movement requirements, the service will act according to this provision, 50, 51, 52, 53 and 54 of the procedures laid down in point. 59. the Department shall adopt a reasoned decision on the refusal to issue a certificate if the applicant: 59.1. pass an exam not; 59.2. knowingly provided false information.
60. Plant protection products is the responsibility of the user to comply with the labelling requirements specified in. 61. Plant protection products authorised for use only for the protection of crops and only against those harmful organisms specified in the label to exacting the given dose, crop or the stage of development of the harmful organism, the process count season, waiting time from the last treatment to harvest and restrictions on human and animal health and the environment. 62. The first and second class for registration of plant protection products in the user lists purchased of plant protection products in accordance with the provisions of section 23.1. and processed crops, indicating the area under cultivation, processing date, use the name of the plant protection product and dosage. 63. Plant protection products stored in the original package in the storage conditions specified by the manufacturer, under the plant protection act, article 9 referred to in the third subparagraph. 64. The use of plant protection products, banned: 64.1. attract working people under the age of 18, pregnant women and mothers who are breastfeeding; 64.2. the damaged or do not use a set of plant protection machinery; 64.3. leave unattended prepared working fluids and not used for plant protection products; 64.4. combine or mix different plant protection products, if it is not indicated on the label; 64.5. pour spray for working fluid balance (it sprayed on the treated field, tenfold dilution); 64.6. outsiders to stay in place that is working with plant protection products; 64.7. eating, drinking and smoking.
65. The use of plant protection products used on the packages. Up for them are stored together with the plant protection product in accordance with the laws and regulations on waste management. 66. If the label of the plant protection product contains the indication "toxic to bees", users of plant protection products in the three days before the volume or processing under this feature warn the bee hives, owner of the bee apiaries (or hives) is located two kilometres of the site being processed.
67. The use of plant protection products, seed-pickling the following security measures: 67.1. seed of pickling, etched specially furnished rooms or areas; 67.2. in open areas may etch the seeds only when wind speed exceeds 4 m/s; 67.3. etching works involved use of personal protective equipment; 41.9. pickled seeds are stored in a dry locked surplus warehouse separate from food and feed grains, packaged with "PICKLED". Pickled seeds can be spread only in packages, which the label is "PICKLED" and used the name of the stains; 67.5. by etching and sowing the seed of pickling, complete seed of pickling, seeding, seed iepildītāj and other equipment that have been in contact with pickled seeds, as well as individual protection products neutralize, follow instructions for the appropriate stains in the labelling; 67.6. pickled seeds prevented from using food fed to animals and birds, as well as wash or scavenged from the stains to the realization of the food or feed; 67.7. pickled seeds may be transported only 41.9. these provisions referred to in subparagraph packages or special uzpildītājo, as well as a seeder seeder tanks.
68. The use of plant protection products and plantation spraying, observe the following precautions: 68.1. you may spray the plants if the wind speed exceeds 4 m/s; 68.2. working following the spray job quality, as well as to the use of the preparation; 68.3. using the back spray, workers lay five to six feet away from each other, under the direction of the wind.
69. the use of aerosol generators, observe the following precautions: 69.1. out in the aerosol head may be used when the wind speed does not exceed 2 m/s. may be used in gardens or forests that are located in the building and shelter of the livestock holdings in half; EB 69.2. premises the aerosol head may be used, if possible the conclusion of the sealed room. The aerosol head placed at least five metres from the premises to be processed, space disconnect the power supply. After use of the plant protection product end rooms ventilated 24 hours; 69.3. personnel provided with personal protective equipment; 69.4. it shall be prohibited to use open fire and smoking.
70. the first class of registration of plant protection products should be used for plant protection specialist, who has received a certificate and acquired the right to work with a class of first registration of plant protection products. 71. when the first class of registration of plant protection products used in fumigation (object with vapours or gases), comply with the following requirements: 71.1. fumigation may be used if the object is located 50 meters from residential buildings and 30 feet away from plants that contain people; 71.2. one day before the start of fumigation and fumigation of the time warned people that are adjacent to the object; 71.3. the start of fumigation carried out on the site before the confinement; 71.4. object containment and placed in conspicuous warning labels "endangering your life" and "no trespassing; 71.5. fumigated shall be at least two persons; 71.6. object after the launch of the seal; 71.7. ensure the presence of the guard of the fumigation in the beginning to the end of degazācij; 44.6. the parties involved in the fumigation provided with gas masks; 71.9. preparation and gas fumigation run out just a day during daylight hours; before the start of the degazācij 71.10. measured gas concentration in order to establish whether the fumigation time achieved the required gas concentrations; 71.11. degazācij out gradually, preventing escape to the atmosphere of a large gas quantity. No 71.12. degazācij object is carried out while the gas concentration reaches the appropriate labelling of the plant protection product provided for in performance.
72. The fumigation and degazācij: 72.1. measured gas concentration in the air and ensure that the concentration of plant protection products shall not exceed the limit values; 72.2. the special log indicates the fumigation period, plant protection product used, the measurement time and gas concentration.
73. at the degazācij gas concentration is measured in all areas where fumigation carried out and draw up legislation on fumigation and degazācij. The signature Act plant protection experts and other persons who have taken part in the fumigation.
Vi. Closing questions 74. Be declared unenforceable in the Prime Minister's Office on 7 September 1999, Regulation No 315 "plant protection products for distribution, storage and use" (Latvian journal, 1999, 279./299.nr.; 2001, no. 37).
75. the rules shall enter into force on 1 May 2004.
Informative reference to European Union directive rules included provisions deriving from Council 15 July 1991 Council Directive 91/414/EEC concerning the placing of plant protection products on the market.
Prime Minister i. Emsis Minister of Agriculture m. rose