Consumer

Ecommerce, pesticide smuggling

October 19, 2018

The sale of products

phytosanitary (or agrotoxic

, depending on one’s point of view) is subject-in Italy, as in Europe-to very specific rules. Since the health protection of operators is at stake

, local communities

and consumers

. And so food security, and the environment. However, such products are sold smuggled, through sites of ecommerce, regardless of standards. A serious issue that needs to be addressed urgently.

Pesticides, conditions of sale set by law

The sustainable use of

pesticides

is the focus of a community action

,

(1) aimed at conserving natural and semi-natural habitats and wildlife. The use of plant protection products is therefore governed by special regulations that provide for mandatory training of operators, collective awareness, and special constraints on marketing

, with a duty to inform the

professional users (agricultural enterprises, contractors).

.

Goal of the European legislature Is to ensure adequate information at health and environmental risks associated with the use of pesticides, as well asé On the alternatives that may be available. While encouraging ‘

The development and introduction of integrated pest management

and of alternative approaches or techniques in order to reduce dependence on the use of pesticides

‘.

In Italy, Legislative Decree 150/2012. implementedthe Directive 2009/128/EC ‘Establishing a framework for community action for the sustainable use of pesticides.‘ The measure, in line with the provisions of the European legislature, introduced a set of conditions for the sale and purchase of plant protection products.

Training. ‘The purpose of the training is to ensure that all professional users, distributors and advisors on the use of plant protection products have adequate, continuously updated knowledge in the subjects listed in Annex I.

Training includes basic and refresher training, both of which are mandatory for professional users, distributors, and consultants‘. (2)

Sales enablement. ‘As of November 26, 2015, anyone who intends to carry out a businessà of selling plant protection products or advising on the use of plant protection products and adjuvants must hold a specific certificate of qualification issued, in accordance with Article 7, by the autonomous regions and provinces of Trento and Bolzano, according to their own regulations.‘ Entitlement can only be granted to ‘persons holding diplomas or degrees in agricultural, forestry, biological, environmental, chemical, medical and veterinary disciplines, provided they have attended appropriate training courses and obtained a positive evaluation on the subjects listed in Annex I.‘ (3)

Enabling purchase. ‘Effective November 26, 2015, a professional user who purchases for direct use, for sé or on behalf of others, plant protection products and adjuvants must hold a specific certificate of authorization to purchase and use (…). Plant protection products and adjuvants may only be used by those with the appropriate certificate of authorization‘. (4)

Requirements for the sale of plant protection products. ‘At least one person, owner or employee, holding the relevant certificate of qualification, must be present at the time of sale to provide the purchaser with adequate information on the proper use of plant protection products and adjuvants, on the risks and safety to human health and the environment related to their use, as well as

é

On the proper disposal of waste

‘.

The distributor also ‘The obligation to ascertain the validity of theà Of the certificate of qualification(…) and identityà of the buyer, and to register the products sold with reference to the number or code of the qualification‘. And the sale to non-professional users of products that do not bear the specific label ‘Plant protection product intended for non-professional users‘. (5)

Information duties. When selling plant protection products intended for non-professional users, must be provided by staff, owner or employee, to the purchaser general information about the risks to human health and the environment related to their use, on the exposure-related hazards, and in particular on the conditions for proper storage, handling, and application, and the safe disposal, as well as on alternatives that may be available. (6)

Ecommerce

, pesticide smuggling

online

Directive 2009/128/EC foreshadowed the criticality

of distance selling of agrotoxics. ‘
The sale of pesticides, including via the Internet, is an important element in the distribution chain and is the time when specific advice regarding safety instructions for human health and the environment should be provided to end users, particularly professional users. For non-professional users, who generally do not have an equal level of training, recommendations should be made, particularly regarding safe handling and storage of pesticides as well as disposal of packaging.‘ (7)

Legislative Decree 150/2012

, which implemented the aforementioned directive in Italy, in turn stipulated that ”
by decree of the Ministry of Agricultural Food and Forestry Policy, in consultation with the Ministries of the Environment and Land and Sea Protection and Health, measures are established to regulate the sale of plant protection products through channels other than direct sales, such as “online” sales, in order to ensure compliance with the provisions of this decree‘. (8)

The smuggling of agrotoxics has flourished, in Italy, thanks to the failures of governments led by Mario Monti, Gianni Letta, Matthew Renzi, Paolo Gentiloni. Who have disregarded the obligations imposed by Brussels as early as 2009. And so it is now possible for anyone to purchase through ecommerce any poison to be sprayed on our fields and allowed to percolate in our waters. Without even needing to identify themselves by their real name or business name.

Smugglers online of pesticides are foreigners – Amazon in the lead-but also Italians. It is not known which of them actually have sales authorization. Instead, it is clear how the sale takes place without verifying the buyer’s qualification to purchase. So that plant protection products for professional use can be bought by anyone, professionals and amateurs, with or without a ‘license’. Some examples to follow.

Amazon

–

https://www.amazon.it/s/ref=nb_sb_noss_1?__mk_it_IT=%C3%85MC385C5BDC395C391&url=search-alias%3Dgarden&field-keywords=glifosate

(glyphosate by and by)

-https://www.amazon.it/CONFIDOR-200-TEQ-500-INSETTICIDA/dp/B01L9JXIEK/ref=sr_1_18?m=A2GVRDDV320VJX&s=merchant-items&ie=UTF8&qid=1539620276&sr=1-18

(Italian smuggling)

-https://www.amazon.it/dp/B00GXL8RAK/?tag=iprimi10nel2018-21

(foreign smuggling)

Decaria Shop

https://www.decariashop.it/it/acaricidi/21015-bayer-envidor-240-sc-insetticida-acaricida-a-base-di-spirodiclofen-ml-500-8000560878103.html

(Italian site)

Phytogarden

http://fitogarden.com/?product=envidor-240-sc

(Italian site)

Poison Smuggling

online

, what to do?

The smuggling of agrotoxics

online

is a real danger, which is confirmed by the wide supply on the

web

Of plant protection products. Which can be purchased, it should be noted, without any prior verification of compliance with the conditions set by law. Data on actual sales, as is obvious, are not available. One reassurance comes from the results of official inspections conducted by the Ministry of Health, as more than 99 percent of the samples analyzed in Italy for pesticide residues were found to be in compliance. And so we assume, in general and statistical terms, the correct use (quantity, degradation times, etc.) of ‘pesticides’ by Italian farmers. The recent European Fipronil crisis, for that matter, demonstrated the nonchalance of many in purchasing unauthorized products to deal with production emergencies.

The authorities of official public control therefore have a duty to punish all violations of the regulations contained in Leg. 150/2012, whether carried out in physical trade or distance trade. Failure to define the mode Of application of the aforementioned decree in the sale online certainly does not exclude the duty to respect the precepts, by all operators.

And therefore.

,

–the owner or employee who, at the time of sale, fails to provide the purchaser with information on their use (on the risks and safety to human health and the environment related to their use, as well as on waste disposal) shall be subject to a fine of 1,000 to 5,000 euros,

–the distributor who, at the time of sale, does not provide the non-professional user with general information (on the risks to human health and the environment related to their use, on the hazards associated with exposure, and in particular on the conditions for proper storage, handling and application and safe disposal, as well as on alternatives that may be available) shall be subject to an administrative fine of €1,000 to €5,000,

– to the

distributor who sells to non-professional users plant protection products that do not bear on the label the specific words ‘

plant protection product intended for non-professional users.

‘ shall be imposed a fine of 10,000 to 25,000 euros.

In case of repetition

of the above violations, in addition to the administrative fine, the suspension or revocation of the certificate of authority to sell shall be ordered.

It is worth adding

that often

the sites surveyed do not provide the required Safety Data Sheet (SDS), prepared by plant protection manufacturers for occupational and environmental health and safety protection.

The distributor who fails to make a hazardous plant protection product available to the professional user without providing the SDS, either in paper or computer form (if the recipient has a computer receipt mode), shall be subject to an unreduced administrative penalty of between €3,000 and €18,000. The same penalty applies to the professional user who has not requested such a card. As well as in cases where it is clearly non-compliant, i.e., if the product is used in a manner not in accordance with the directions therein.

The time has come to put things in order!

Dario Dongo

Notes

Cf.

dir. 2009/128/EC

(

establishing a framework for Community action to achieve the sustainable use of pesticides

) and reg. EU 652/14,

Establishing provisions for the management of expenditures related to the food chain, animal health and welfare, sanit

à

of plants and plant reproductive material

(…). The notion of pesticides includes both plant protection products, as defined by the reg. EC 1107/09

, both the

biocides

, referred to in Directive 98/8/EC
V.d.lgs. 150/12

, at

http://www.gazzettaufficiale.it/eli/id/2012/08/30/012G0171/sg

, article 7
Cf. d.lgs. 150/12, art. 8
See legislative decree 150/12, art. 9.
See Legislative Decree 150/2012, Article 10
Legislative Decree. 150/12, Article 10.3
See dir. 2009/128/EC, Recital 9.
Cf. d.lgs. 150/12, Article 10.6
See cited decree, Article 24. NB: lhe delivery of the SDS to the professional user, in both cases of paper or computer document, must always have an acknowledgement of receipt and delivery. Therefore, the retailer must be able to prove that he has provided the professional user with the SDS sheet for each product. Both at first delivery and in case of upgrades