Patent of crop protection products: who can have it, what it is for and what are the requirements to obtain it. From agrochemicals for non-professional use to the license.
As for thecrop protection products for non-professional use, the Ministry of Health confirmed the validity of the rules established by Presidential Decree no. 290 of 2001 for the purchase and use of phytosanitary products.
In Italy, the non-professional use of plant protection products is governed by theLegislative Decree n. 150 of 14 August 2012which transposed the directive on the sustainable use ofcrop protection products(2009/128 / Ce). With this legislation, changes have been introduced about:
- the methods of purchase and use ofphytosanitary products.
- Compulsory integrated defense for all users of agropharmaceuticals.
- Obligation of the functional check of sprayers.
Non-professional phytosanitary products
On November 26, 2015, a regulation was introduced in Article 9 of the aforementioned Presidential Decree that sees the obligation of "certificate of qualification for the purchase and use ofphytosanitary products” for all those who carry out a professional activity in the agricultural field.
The so-calledlicense for agropharmaceuticals it is mandatory only for those who carry out agricultural activity as a profession, therefore all hobbyists are excluded.
Hobbyists can buyplant protection products for non-professional useeven if in Italy there is no legislation capable of regulating the use of these products, there is also no list of "non-professional" plant protection products.
To make up for these shortcomings, theMinistry of Healthissued a circular to clarify, at least in part, the situation for thehobbyists.
Usersnon-professionalsof plant protection products can rely on Article 25 of the Presidential Decree n. 290 of 2001. In other words, hobbyists can buywithout the possession of the license, all products that are NOT classified as:
- T +, very toxic
- T, toxic
- Xn, harmful
To make everything more complicated, these are the criteria for assigning categories. Currently, the classification of plant protection products is carried out according to new standards which came into force on 1 June 2015. However, there are still products on the market that follow old criteria. Products classified with the old DPD criteria already placed on the market can only be sold until 31 May 2017.
Always according to the circular of the ministry of health, products for the protection of ornamental, garden, apartment and flowering plants (PPO), can be purchased withoutlicense for agropharmaceuticalsprovided that they do not have the wording on the labelT, T + or Xn.
What are the plant protection products for hobby use that can be bought without a license? They are those plant protection products classified and labeled as irritants (Xi) and those not classified (Nc), these products may also bear the indication "Attention handle with care”.
The pesticide license mandatory for professionals
Is called "certificate of qualification for the purchase and use of plant protection products”And is commonly known aspesticide licenseorcrop protection products. This document has become mandatory since last November, when the aforementioned legislation governed that this certificate will be essential to purchase any plant protection product intended for professional use, regardless of the classification and danger label.
This means that, for professional use, any product (even non-toxic and non-harmful) must be purchased after having a license.
What are the requirements for obtaining the pesticide license?
The pesticide license will be issued to those in possession of the authorization to consult or sell phytosanitary products and will not have to perform any particular procedure. In this category the license will be issued automatically. Professional farmers will be able to apply for a pesticide license which will be issued after taking an exam.
Those who do not have diplomas or degrees (in agricultural and forestry, biological, natural, environmental, chemical, pharmaceutical, medical and veterinary disciplines) will have to take a 20-hour course to complete the preparation necessary to pass the exam. The exam is mandatory for everyone and can be taken after submitting a specific application, the application must generally be submitted to the Territorial Agriculture Service. The license has a duration of 5 years, upon its expiry it must be renewed.
How much does the license cost?
This documentation must be attached to the application:
- 2 revenue stamps worth 16 euros
- 2 passport-size photos
- photocopy of the identity document
- photocopy of the tax code
The exam, mandatory for everyone, is only available in the release phase. The license will be issued within 30 days of submitting the application.