Plant Protection Law

The legal basis of plant protection law in Germany and the European Union is manifold and comprises a number of laws, regulations and other legal acts. The most important legal sources include

• Regulation (EC) No 1107/2009: This European Union regulation governs the authorisation of plant protection products at European level. It defines the criteria for the assessment and approval of active substances and plant protection products and contains provisions on labelling and packaging.
• German Plant Protection Act (PflSchG): The Plant Protection Act forms the central legal basis for the processing of plant protection products in Germany. Among other things, it regulates the authorisation, distribution and use of plant protection products as well as the requirements for their safety and efficacy.

The authorisation procedure for plant protection products is a central component of plant protection product legislation. It ensures that only those products that are safe and effective are placed on the market. The authorisation procedure comprises several steps:

1. Application:  Manufacturers or importers of plant protection products must submit an application for authorisation to the competent authority. In Germany, this is the Federal Office of Consumer Protection and Food Safety (BVL).
2. Assessment:  The application is comprehensively assessed by several authorities involved. Among other things, the efficacy of the product, its effects on human and animal health and its impact on the environment are assessed.
3. Decision:  Based on the assessments, the BVL decides on the authorisation of the plant protection product. An authorisation can be linked to conditions of use aimed at the user and conditions that the manufacturer has to comply with.

The labelling and packaging of plant protection products is subject to strict legal requirements. These are intended to ensure that users are fully informed about the properties and risks of the products. Important aspects of labelling and packaging are

1. Hazard warnings: Plant protection products must be labelled with appropriate hazard warnings that indicate possible risks to health and the environment.
2. Instructions for use: Instructions for use must ensure the safe and proper use of the product.
3. Traceability: The packaging must contain information on the traceability of the product in order to be able to react quickly in the event of issues.

Specifications for the use of plant protection products serve the purpose of minimising the risks to humans, animals and the environment. Important requirements are

• Training and certification: Users of plant protection products (as well as manufacturers, distributors and consultants) must have appropriate training and certification (known as a certificate of competence). This ensures that they have the knowledge to use plant protection products safely.
• Integrated pest management: The integrated pest management (IPM) method is a central component of good professional practice that must be adhered to during application. It is intended to limit the use of plant protection products to the necessary extent and promote alternative pest control methods.
• Conditions of use: There are specific conditions for the use of plant protection products, which can vary depending on the product and area of application. These regulations must be strictly adhered to.

Compliance with the legal requirements of plant protection legislation is ensured by various measures. These include

• Regular inspections: Authorities carry out regular inspections to check compliance with the legal requirements. This includes both the inspection of companies and the analysis of plant protection products on the market.
• Mandatory documentation: Manufacturers, distributors and users of plant protection products are obliged to keep comprehensive documentation. These must be submitted regularly or at the request of the authorities.
• Sanctions for violations: Violations of the legal requirements can be subject to severe penalties. This can include fines or criminal penalties.

Plant protection law is subject to constant change. New scientific knowledge, changes in legal requirements and social developments regularly lead to adjustments to the legal framework. Current developments include

• Reducing the use of plant protection products: Efforts are being made at European level to further reduce the use of plant protection products and to promote organic farming.
• New active ingredients and technologies: The development of new active substances and technologies poses new challenges for legislators. These must be integrated into the existing legal framework.
• Sustainability and environmental protection: The protection of the environment and the promotion of sustainable cultivation methods may require restrictions. This can lead to legal adjustments.