Pesticides: code of practice for using plant protection products in Scotland

Annex G: applying pesticides from an aircraft

53 You must meet specific legal obligations before, during and after applying pesticide from the air. You can only use products which are specifically approved for this purpose, and you must regularly send details of all pesticide applied from aircraft to:

You must follow the conditions of use shown on the product label when applying pesticides from the air.

Everyone applying pesticides from an aircraft must hold a Civil Aviation Authority Qualification (the aerial application certificate) and, in the case of contractors or people born after 31 December 1964, the appropriate certificate of competence in applying pesticides.

Under the Control of Pesticides Regulations 1986 (as amended) you must give notice to specific organisations before applying a pesticide from the air. You will also need to consult the following organisations (see below) and get their agreement before carrying out the treatment.

Note: the Scottish Environment Protection Agency has developed a multi-agency form, which is intended to be used to submit details to SEPA, local authorities and Scottish Natural Heritage.

54 Consultation

Consultation means more than just giving notice to the relevant authorities. It should take place well before you intend to apply pesticide and certainly not after the minimum consultation period set by law. The person applying the pesticide will need to provide the information so the organisations consulted can comment in full. You will need to take account of the organisations' views when deciding how to apply the pesticide (or whether to apply it at all). if you are not sure what to do, talk to the organisations concerned for more advice.

Ideally, you will consult the relevant authorities when deciding to use a contractor to apply pesticides from the air. This will give the organisations consulted as much time as possible to consider the matter. They will then have reached a decision by the time you carry out the consultation you need to do by law.

When you give notice that you intend to apply a pesticide from the air, you must include the following information:

• the name, address and, where possible, phone number of the person applying the pesticide
• the name of the pesticides you will use and their active ingredients
• the date and time you intend to apply the pesticide
• confirmation that you have given the same details to your local authority's Environmental Health Department

55 Consultation and conditions for giving notice before applying a pesticide from the air

Under the Control of Pesticides Regulations 1986 (as amended) any person applying a pesticide from the air must do the following:

56 At least 72 hours before starting the treatment you must:

• consult the relevant conservation agency (Scottish Natural Heritage) if any part of a local nature reserve, marine nature reserve, a national nature reserve or a site of special scientific interest lies within 1500 metres of any part of the land to be treated
• consult the appropriate area office of the Scottish Environment Protection Agency if the land to be treated is next to, or within 250 metres of, water
• get permission from the Scottish Environment Protection Agency if the pesticide will be applied to control weeds in water or on the banks of watercourses or lakes

57 At least 48 hours before starting the treatment you must:

• give notice to the appropriate reporting point of any local beekeepers' spray-warning scheme running in the district

58 At least 24 hours and (as far as reasonably possible) no more than 48 hours before starting the treatment, give notice to:

• the local authority's Environmental Health Department
• the people occupying any property within 25 metres of the boundary of the land to be treated (or those people's agents)
• the person in charge of any hospital, school or other institution with boundaries lying within 150 metres of the flight path intended to be used for the treatment

59 At least 24 hours before starting the treatment you must:

• put sturdy and clear signs within 60 metres of the land to be treated to tell people about the place, date and time of the treatment

You can find information on these and other legal conditions in the Civil Aviation Authority (CAA) booklet 'Information on requirements to be met by applicants and holders of the aerial application certificate' (CAP 414).