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? Agricultural ❶ Agricultural pesticides: 81.9% of total sales in 2016 areas 81.9% ❷ No downward trend in health and environmental risk Urban areas indicators , despite the SPQA objective 12.2% Other ❸ Regular presence of pesticides in rivers near agricultural areas and 5.9% exceedance of Chronic Aquatic Life Criteria (MDDELCC monitoring programs) 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
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 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
Québec classification • Regulatory requirements are Federal class Québec class tailored to the level of risk posed by the pesticide Higher risk to health and the ------- 1 environment • 5 risk levels for Restricted use 2 the environment and health Commercial, 3 agricultural, or industrial 3A Effective September 8, 2018 • Classification based on federal use classification 4 Domestic use 5 Lower risk The Québec class is not on the label 6
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 Neonicotinoids (imidacloprid, clothianidin, thiamethoxam) coating the seeds of: Class 3A • Oats • Sweet corn • Wheat • Forage corn • Barley • Canola • Grain corn • 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 E1: “Farm Producer’s Certificate” Certificate Farmer 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 on 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 of 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.
Agronomic justification and prescription Pesticide Pesticides covered Examples of trade names* class Pesti covered by an agronomic and prescription PRIMEXTRA II MAGNUM AATREX LIQUID 480 Atrazine cide justification CONVERGE 480 CITADEL 480 EC PYRINEX 480 EC Chlorpyrifos Class 1 to Class 3 LORSBAN 4 E CONCEPT CLUTCH 50 WDG Neonicotinoids ADMIRE 240 ACTARA 25 WG (imidacloprid, clothianidin, thiamethoxam) ALIAS 240 SC Neonicotinoids (imidacloprid, clothianidin, thiamethoxam) coating the seeds of: PONCHO 600 FS GAUCHO 480 FL Class 3A PROSPER FX CRUISER 350FS • • Oats Sweet corn • • Wheat Forage corn • Canola • Barley • • Grain corn Soybean *Number of commercial products registered and sold between 2011 and 2016 = 29 (May 2018)
Pesticides covered by an agronomic justification Sales of Contribution Contribution to the active to the health the environmental Active ingredient ingredient * risk indicator * 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 all crops grown in the field (corn) Atrazine (Class 1 to Class 3) for the 2018 season Forage corn Neonicotinoids coating Oats September 8, 2018 Sweet corn seeds (Class 3A) Wheat Barley for the 2019 season Clothianidin, imidacloprid, and Canola thiamethoxam Soybean Grain corn Chlorpyrifos (Class 1 to Class 3) For all crops grown in the field, including those April 1, 2019 Neonicotinoids (Class 1 to Class 3) under tunnels for the 2019 season Clothianidin, imidacloprid, and (Those grown in buildings and greenhouses are excluded) thiamethoxam
Agronomic justification and prescription Document Distinctive features Authorizes the application of the pesticides covered Agronomic justification 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 Accompanies an agronomic justification Agronomic prescription 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 Public consultation adjustment 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. Chlorpyrifos (Class 1 to Class 3) Pesticides covered Neonicotinoids (Class 1 to Class 3) (Clothianidin, imidacloprid, and thiamethoxam) Pesticides not Atrazine covered Neonicotinoids coating seed (Class 3A)
What information do an agronomic justification and prescription contain?
Agronomic justification and prescription Content of an agronomic justification Identification Technical information Crop to be treated Document number Treatment required Identification of the parcel Identification of the farmer Reasons for the choice of treatment and, where applicable, the Identification of the phytosanitary Name of the active ingredient parcel owner problem covered Identification of the Evaluation of the Name(s) of the pesticide(s) agrologist phytosanitary problem Quantity of pesticides or seed Agrologist’s signature and Analysis of various possible required the date phytosanitary interventions, Expiry date including alternative control methods
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