Regulations amending the Pesticides Management Code and the - - PowerPoint PPT Presentation

Regulations amending

the Pesticides Management Code and the Regulation respecting permits and certificates for the sale and use of pesticides

Regulations amending

the Pesticides Management Code and the Regulation respecting permits and certificates for the sale and use of pesticides

• 1. Background
• 2. New responsibilities for farmers
• 3. Other regulatory amendments
• 4. Implementation
• 5. MDDELCC website
• 6. Question and answer period

Why tighten controls on pesticide use in agricultural areas?

❶ Agricultural pesticides: 81.9% of total sales in 2016 ❷ No downward trend in health and environmental risk

indicators, despite the SPQA objective

❸ Regular presence of pesticides in rivers near agricultural areas and exceedance of Chronic Aquatic Life Criteria (MDDELCC monitoring programs)

Agricultural areas 81.9% Urban areas 12.2% Other 5.9%

❹ Often systematic use of neonicotinoid-coated corn and soybean seed ❺ Québec Pesticide Strategy 2015–2018 + Auditor General of Québec (Report on pesticides in agricultural areas, June 2016)

Work stages

❶ Targeted consultation with Ordre des agronomes du Québec, Union des producteurs

agricoles and its federations, environmental groups, retailers, manufacturers, and municipalities in December 2016

❷ Publication of the draft regulations in the Gazette officielle du Québec from July 19 to

September 5, 2017 (40 briefs received from 47 organizations)

❸ Publication of the regulations in the Gazette officielle du Québec on February 21, 2018

 Entry into force of the regulations on March 8, 2018

❶ Follow the rules for the use of certain neonicotinoid-coated seed (Class 3A)

• Permit and certificate system
• Storage
• Mandatory distances

❷ Obtain an agronomic justification and prescription for purchasing and applying the highest-

risk pesticides and neonicotinoid-coated seed

❸ Maintain a register of all pesticide use

REGULATION AMENDING THE PESTICIDES MANAGEMENT CODE REGULATION AMENDING THE REGULATION RESPECTING PERMITS AND CERTIFICATES FOR THE SALE AND USE OF PESTICIDES

NEW RESPONSIBILITIES FOR FARMERS

Québec classification

• Regulatory

requirements are tailored to the level of risk posed by the pesticide

• 5 risk levels for

the environment and health

• Classification based on federal

classification

Effective September 8, 2018

The Québec class is not on the label

6

Federal class Québec class

• Higher risk to

health and the environment

1

Restricted use

2

Commercial, agricultural,

• r industrial

use

3 3A

Domestic use

4

Lower risk

5

A new class of pesticides under the Québec classification

• Effective September 8, 2018, neonicotinoids that coat the seeds of certain crops

will form a new class of pesticides: Class 3A.

Pesticide class Pesticides covered

Class 3A Neonicotinoids

(imidacloprid, clothianidin, thiamethoxam)

coating the seeds of:

• Oats
• Wheat
• Canola
• Grain corn
• Sweet corn
• Forage corn
• Barley
• Soybean

Compliance with the rules for the use of the new Class 3A pesticides

• Permit and certificate system

Effective September 8, 2018

6 months after entry into force

As with all other pesticides, a farmer or contracting company must have the following permit or certificate to apply Class 3A pesticides into or on the soil:

User Permit or certificate required

Farmer Certificate E1: “Farm Producer’s Certificate” E2: “Farmer’s Certificate” Permit C8: “Application on Cultivated Land” Contracting company Certificate CD8: “Application on Cultivated Land”

Note: No new permit or certificate is required for those who already have one.

Compliance with the rules for the use of the new Class 3A pesticides

• Storage

Effective September 8, 2018

6 months after entry into force

Like all pesticides, seeds coated with neonicotinoids must be stored:

• In a location where the environmental conditions are

not likely to affect them or their containers or labels

• In such a way that their contents are not

released into the environment

Compliance with the rules for the use of the new Class 3A pesticides

• Mandatory distances

Effective September 8, 2018

6 months after entry into force

As with all other agricultural pesticides, when putting neonicotinoid-coated seeds into or

• n the soil, the following mandatory distances must be observed:

Subject of protection Mandatory distance

Lakes and wetlands 3 m Streams and ditches 1 m or 3 m, depending on the total flow area Water withdrawal sites 3 m, 30 m, or 100 m, depending on the type

• f site

Agronomic justification and prescription

Application

• Application, for agricultural purposes, of the highest-risk

pesticides and application of neonicotinoids that coat certain seeds (Class 3A) into or on the soil is prohibited unless a justification signed by an agrologist has been obtained in advance. Purchase

• Retailers may sell pesticides covered by an agronomic

justification only to those who provide a valid prescription signed by the same agrologist who signed the justification.

Pesti cide covered by an agronomic justification and prescription Agronomic justification and prescription

Pesticide class

Pesticides covered Examples of trade names*

Class 1 to Class 3 Atrazine AATREX LIQUID 480 CONVERGE 480 PRIMEXTRA II MAGNUM Chlorpyrifos CITADEL 480 EC LORSBAN 4 E PYRINEX 480 EC Neonicotinoids (imidacloprid, clothianidin, thiamethoxam) CLUTCH 50 WDG ADMIRE 240 ALIAS 240 SC CONCEPT ACTARA 25 WG Class 3A Neonicotinoids (imidacloprid, clothianidin, thiamethoxam) coating the seeds of: PONCHO 600 FS PROSPER FX GAUCHO 480 FL CRUISER 350FS

• Oats
• Wheat
• Canola
• Grain corn
• Sweet corn
• Forage corn
• Barley
• Soybean

*Number of commercial products registered and sold between 2011 and 2016 = 29 (May 2018)

Pesticides covered by an agronomic justification

Active ingredient Sales of the active ingredient* (%) Contribution to the health risk indicator* (%) Contribution to the environmental risk indicator* (%)

Atrazine 4.0 12.2 13.9 Chlorpyrifos 0.6 1.4 6.4 Thiamethoxam 0.2 0.8 2.7 Imidacloprid < 0.1 < 0.1 0.9 Clothianidin < 0.1 0.3 0.8

Total***

4.9 14.7 24.6

* Average for years 2011 to 2015 *** Does not include coated seed

Agronomic justification and prescription Gradual phase-in schedule

Effective date Pesticide Plant species covered March 8, 2018 for the 2018 season  Atrazine (Class 1 to Class 3) For all crops grown in the field (corn) September 8, 2018 for the 2019 season  Neonicotinoids coating seeds (Class 3A)

Clothianidin, imidacloprid, and thiamethoxam

 Oats  Wheat  Canola  Grain corn  Forage corn  Sweet corn  Barley  Soybean April 1, 2019 for the 2019 season  Chlorpyrifos (Class 1 to Class 3)  Neonicotinoids (Class 1 to Class 3)

Clothianidin, imidacloprid, and thiamethoxam

For all crops grown in the field, including those under tunnels

(Those grown in buildings and greenhouses are excluded)

Agronomic justification and prescription

Document Distinctive features

Agronomic justification  Authorizes the application of the pesticides covered  Describes the rationale for the use of the pesticides covered  Describes the conditions of application  Is signed by an agrologist  Is kept by the farmer for five years Agronomic prescription  Accompanies an agronomic justification  Authorizes the sale of the pesticides covered  Contains information taken from the agronomic justification  Is signed by the same agrologist who signed the justification  Is presented to the retailer when the pesticides covered are purchased

Agronomic justification and prescription in emergency situations

In exceptional situations, an agronomic prescription may be obtained before a justification. The problem is assessed (screening), with the priority being to control the pest. Several conditions must be met: ❶ The agrologist must be of the opinion that:  An insect pest is endangering the crop  A treatment containing one of these pesticides is the most appropriate ❷ The pesticide must be applied within 36 hours after the prescription is issued. ❸ The justification must be obtained within two working days after the prescription is issued. ❹ The prescription number must begin with the letter “U” and indicate the parcel to be treated.

Pesticides covered

 Chlorpyrifos (Class 1 to Class 3)  Neonicotinoids (Class 1 to Class 3) (Clothianidin, imidacloprid, and thiamethoxam)

Pesticides not covered

 Atrazine  Neonicotinoids coating seed (Class 3A)

Public consultation adjustment

What information do an agronomic justification and prescription contain?

Agronomic justification and prescription Content of an agronomic justification

Identification Technical information

 Document number  Identification of the farmer and, where applicable, the parcel owner  Identification of the agrologist  Agrologist’s signature and the date  Crop to be treated  Identification of the parcel  Identification of the phytosanitary problem  Evaluation of the phytosanitary problem  Analysis of various possible phytosanitary interventions, including alternative control methods  Treatment required  Reasons for the choice of treatment  Name of the active ingredient covered  Name(s) of the pesticide(s)  Quantity of pesticides or seed required  Expiry date

Agronomic justification and prescription Content of an agronomic prescription

Identification

 Document number  Crop to be treated

Technical information

 Treatment required  Identification of the farmer and, where applicable, the parcel owner  Identification of the agrologist  Agrologist’s signature and the date  Identification of the parcel  Identification of the phytosanitary problem  Evaluation of the phytosanitary problem  Analysis of various possible phytosanitary interventions, including alternative control methods  Reasons for the choice of treatment  Name of the active ingredient covered  Name(s) of the pesticide(s)  Quantity of pesticides or seed required  Expiry date

Checklist Information required for an agronomic justification and prescription

Explanation of some of the justification information

Required information Explanatory note Identification of the farmer

A justification is required for the farmer even if:  The parcel is leased  The work is contracted out

Identification of the parcel owner

Allows monitoring of the farm plan

Identification of the parcel

For a parcel or group of parcels that has the same:  Crop  Pest problem  Pesticide application

Evaluation of the phytosanitary problem

Based on various factors, for example:  Screening data, the pest population, the nuisance threshold  The pesticide use register and other control methods used

Analysis of various possible phytosanitary interventions

Promote lower-risk control methods

Names of the pesticides

Possibility of entering more than one trade name of pesticides to:  Select a supplier  Avoid a stock shortage

Expiry date

A justification is valid for up to one year The validity of a prescription cannot exceed the validity of the justification: one year

Agronomic justification and prescription Questions and answers

❶ Is the application of a pesticide covered by an agronomic justification by a method other than foliar application covered by the requirement?

 The pesticide covered is sold to treat any crop grown in the field.  The method of application does not affect compliance with the requirement.  The requirement covers drenches or the treatment of seedlings.

❷ Who is responsible for ensuring that all information required by regulation is present?

 Under the regulations on pesticides, farmers (whether or not certified) must have a valid agronomic justification to apply any of the pesticides covered.  An agrologist must develop the content of the agronomic justification by completing all the information required by regulation. The Code of ethics of agrologists requires that agrologists comply with the regulations in force.  MDDELCC has developed a work tool to simplify the administrative burden of farmers: a checklist of the information required.

Pesticide use register

All farmers must maintain and keep for five years a register of the use of pesticides for agricultural purposes for all applications of Class 1 to Class 3A pesticides, including:

• Field, greenhouse, and building applications
• Herbicides, fungicides, insecticides, and biopesticides
• Neonicotinoid-coated seed (Class 3A)

The form of the register is left to the discretion of farmers. About 70% of farm operators say they already maintain a register according to the study

“Integrated Pest Management Indicator” (MAPAQ, 2012).

Pesticide use register – Proposed template

New rules for wholesale and retail sales in agriculture

1- The sale of neonicotinoid-coated seed is subject to the permit and certificate system. 2- Storage requirements for neonicotinoid-coated seed must be observed. 3- Additional information must be included in pesticide purchase and sale registers. 4- Annual declarations of pesticide purchases and sales must be completed or include additional information

• Retail sales of the pesticides covered must be reported annually to MDDELCC, including prescription

information.

5- Where required, retailers must ensure that buyers provide a prescription signed by an agrologist.

Other regulatory amendments

Protected buildings and bike paths

 Mandatory distances from protected buildings during aerial application now apply to bike paths (cycling paths physically separated from vehicular traffic that have their own right-of-way).  The definition of “protected buildings” reverts to its original scope, as “buildings housing items” has been removed from the definition.

Public consultation adjustments

Summary of the main requirements that apply for 2018

Since March 8, 2018:  Obtain an agronomic justification and prescription to purchase and use atrazine  Maintain a register for the use of Class 1 to Class 3 pesticides for agricultural purposes Since September 8, 2018:  Obtain an agronomic justification and prescription to purchase and apply seed coated with the neonicotinoids covered and  Hold a pesticide use certificate if farmers do the seeding themselves  Comply with the storage rules  Observe the mandatory distances when seeding  Record the use of covered coated seed in the register

Key messages

• Objective of the new measures: Reduce the use of the highest-risk pesticides and use alternatives
• No impact for farmers who do not use the pesticides covered (except the register)
• Pesticide use register: an essential tool for integrated pest management. All information is important

for a proper analysis of phytosanitary interventions

• MDDELCC continues to work with stakeholders to meet customer needs

(e.g., development of work tools, training, etc.)

• Investment of an additional $14 million over five years (2017–2022) allocated to MAPAQ to

promote risk reduction initiatives related to pesticide use

Implementation – Dissemination of information

 February–March: OAQ training tour in five cities (280 participants)  March 7: Video conference with 200 participants from the agricultural community  March 23: Phytoprotection Commission  April 5: “Information Day on Plant Protection Products for Field Crops and Horticulture” (about 80 participants)  April 12: SPQA Monitoring Committee  May 8 and 9: Prevention activity on farms – Fédération de l’UPA de la Capitale-Nationale–Côte-Nord (40 farmers)  May 16: Pesticide retail companies (B1 permit)  June 15: Webinar with UPA for farmers  Summer 2018: Presence of MDDELCC at Réseau de vitrines à la ferme (Farm Showcase Network), where a number of regions participated  November 23: Potato seminar  Publications: Terre de chez nous, Agri-Réseau (May 25, 2018), etc.

MDDELCC website

Pesticides section

• Regulation amending the Pesticides Management Code and Regulation amending the

Regulation respecting permits and certificates for the sale and use of pesticides

– Circular notices by clientele » Farmers » Agrologists » Cultivated Land Permit (Subclass C8) » Retail Permit (Subclass B1) – Presentations on the regulations

Work tools

• Register of the use of pesticides for agricultural purposes - template and example
• Agronomic justification and prescription template
• Checklist - Information required for an agronomic justification and prescription

www.mddelcc.gouv.qc.ca/pesticides/permis/ modif-reglements2017/index-en.htm

MDDELCC website

Question and answer period

End of the presentation

How to obtain a certificate

• A certificate will be issued to an individual who:

– Applies for one in writing (Regulation respecting permits and certificates for the sale and use of pesticides [“RPC”], Section 38) – Provides the information and documents required (home contact information, etc.) (RPC, Section 38) – Meets certain conditions (has not been convicted of an offence, etc.) (Pesticides Act, Section 54) – Pays the fee required for the five-year validity period ($186) (Pesticides Act, Section 55; RPC, Section 39) – Provides an attestation that they have passed the examination prescribed or recognized by the Minister (Pesticides Act, Section 54; RPC, Section 38)

www.mddelcc.gouv.qc.ca/pesticides/permis/demandes/index.htm 35

How to obtain a certificate

The certificate attests that the holder has the required knowledge to make rational and safe use of pesticides and has: 1. Passed the prescribed examination (developed by MDDELCC) or 2. Passed a recognized examination (as part of a Ministère de l’Éducation et de l’Enseignement supérieur curriculum) or 3. Interprovincial recognition MDDELCC does not require training for certification.

By the Minister

Methodology for pesticides covered by an agronomic justification and prescription

Determination of active ingredients covered by an agronomic justification Based on three criteria: 1. Risks to health and the environment 2. Protection of pollinators against neonicotinoids 3. Contribution to the Québec Pesticide Risk Indicator (IRPeQ)

Note: No fungicides are covered as these products must be applied very quickly during infestation.

Highest-risk active ingredients covered by an agronomic justification

Prometryn Atrazine Chlorfenapyr

Imidacloprid

Clothianidin Linuron Criterion 3: Contribution to the risk indicator > 5% Topramezone Chlorpyrifos

Thiamethoxam Clothianidin Criterion 2: Neonicotinoids (coated seeds or liquid)

16 Thiamethoxam 15 Simazine 14 Pyridaben 13 12 Phorate 11 10 Imidacloprid 9 Flupyradifurone 8 Dichlobenil 7 6 Chlorpyrifos 5 4 Bensulide 3 Atrazine 2 Acifluorfen 1 Criterion 1: Health and the environment

Result:

Five active ingredients covered

Atrazine Chlorpyrifos Clothianidin Imidacloprid Thiamethoxam