Pesticides and biocides

This page provides links to the full text of key pieces of Pesticides and biocides environmental legislation that may affect your business in Scotland. The websites hosting the legislation may list amendments separately.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.

Environmental management systems and environmental reports

EU Regulation No 528/2012 concerning the making available on the market and use of biocidal products

A direct acting EU regulation. It lays down rules for the authorisation of biocidal products relating to the making available on the market, use and control of such products within the EU.

EU Regulation No1272/2008 on classification, labelling and packaging of substances and mixtures

A direct acting EU regulation which came into force in 2009. It adopts an international chemicals hazard classification and labelling system for the supply of substances and mixtures in the EU. It replaces the existing European System and after a transitional period takes full effect from 1 June 2015.

Biocidal Products (Fees and Charges) Regulations 2013 SI 1507

Make provision for fees payable by duty-holders under the Biocides Regulations

Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 SI 1506

Appoints competent authorities and provides for enforcement, including penalties for infringement, in respect of two direct-acting EU Regulations, namely Regulation (EU) No 528/2012 concerning the making available on the market and use of biocidal products and Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures.

Biocidal Products Regulations 2001 SI 880

Bans placing biocidal products (or a new substance for use in a product) on the market without authorisation.

Biocidal Products (Amendment) Regulations 2010 SI 745

Amends 2001/880 to extend to 14 May 2014 the end date for transitional provisions allowing existing products to remain on the market and subject to UK legislation while their active substances are reviewed for safety.

Control of Pesticides Regulations 1986 1510 (not available online)
Sets out restrictions on selling, supplying or storing pesticides and precautions to protect the health of humans, the environment, and particularly water, when using pesticides.

Control of Pesticides (Amendment) Regulations 1997 SI 188

Amends 1986/1510, explaining what the regulations cover, how to seize and dispose of pesticides and inform the public.

Food and Environment Protection Act 1985 48 (not available online)
Provides a legal framework for controlling pesticides.

Pesticides Act 1998

Amends the Food and Environment Protection Act 1985 regarding powers to make pesticides regulations and enforcement of pesticide control measures.

The Pesticides (Amendment) Regulations 2019

The Pesticides (Amendment) Regulations 2019 update a number of pieces of Pesticides legislation to take in to account the latest amendment of the EU Regulation EU 2019/1009. In particular, that products meeting the description of plant biostimulants  will become subject to the rules for fertilisers rather than the rules for pesticides.

Plant Health Act 1967 (not available online)
Sets out how to regulate and deal with pests and diseases destructive to agricultural and horticultural crops, and procedures for introducing non-native pests.

Plant Protection Products (Basic Conditions) Regulations 1997 SI 189

Specifies controls on marketing, advertising, storing and using plant protection products.

Plant Protection Products (Scotland) Regulations 2005 SSI 331

Sets out the approval system for placing plant protection products on the market in Scotland including enforcement, offences and penalties.

Plant Protection Products (Scotland) Amendment (No.2) Regulations 2006 SSI 449

Amends 2005/331 by substituting a new schedule of active substances.

Plant Protection Products (Sustainable Use) Regulations 2012 SI 1657,

Sets out requirements, among others: for supervision or certificate for users in the professional use of PPPs; for distributors to have sufficient staff with certificates; for reasonable precautions in storage, handling and use of PPP.

Possession of Pesticides (Scotland) Order 2005 SSI 66

Lists types of illegal pesticide ingredients under Wildlife law in Scotland.