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Are you thinking of selling a pesticide container or product on eBay? Something you found in the loft or Grandad's tool shed? Before you do, find out whether it is legal to do so by reading this policy.
What is a pesticide? A pesticide is any substance, preparation or organism prepared or used for destroying any pest. Pests include creatures, plants and other organisms. The term pesticides has a very broad definition which includes herbicides, fungicides, insecticides, rodenticides, soil-sterilants, wood preservatives and surface biocides among others.
Agricultural pesticides are regulated in the UK by the Pesticides Safety Directorate ("PSD") and are used in agriculture; forestry; animal husbandry food storage practice and domestic gardens. Non-agricultural pesticides are regulated by the Health Directorate ("HSE") and are used as wood preservatives; public hygiene insecticides; surface biocides, rodenticides and anti-fouling products. (Note that medicinal pesticides are regulated separately by the Veterinary Medicines Directorate).
In the Republic of Ireland, the Pesticide Control Service (PCS) of the Department of Agriculture and Food is responsible for implementing the regulatory system for plant protection products and biocidal products (these latter include disinfectants, preservatives, pest control products, antifoulants etc.). PCS is also responsible for Irish Regulations controlling pesticide residues in food.
It is against the law to sell unapproved pesticides in the United Kingdom or Republic of Ireland. Generally, it also is illegal to sell suspended or cancelled pesticides. This means that if you try to sell a pesticide product or container on eBay that is mislabelled, not registered with the appropriate authorities, or no longer registered, you could be breaking the law and subject to criminal or civil penalties, including fines. Members should be aware that some products which claim to be alternatives to traditional pesticides may in fact be pesticides that require registration. As the sale of unapproved products is illegal, they may not be listed on eBay.
A pesticide approved for agricultural use cannot be sold unless the seller has obtained a certificate of competence. A pesticide approved for non-agricultural use cannot be sold unless the seller has obtained specific approval and complies with the specific conditions of approval granted to that product. An approved product should only be sold in the container supplied for that purpose by the holder of the approval for that pesticide. All listings on eBay must comply with these requirements.
The links below can be used as a starting point for sellers to educate themselves about laws relating to pesticides and obtaining approvals:
eBay policy on the sale of pesticides products and containers:
General Policy: Pesticide Products
- eBay permits the listing of approved pesticide products only if:
- the container and/or original packaging which has been supplied by the holder of an approval for that pesticide is unopened;
- the pesticide is registered by the PSD or HSE (or the PCS for Ireland if required);
- the pesticide is properly labelled and displays the statutory conditions of use;
- the pesticide is not restricted, suspended, or cancelled;
- the seller verifies that the container may be shipped in accordance with postal regulations. For more information click here; and
- the seller has obtained a certificate of competence with respect to pesticides for agricultural use.
- It is the
seller's responsibilityto ensure that the pesticide is registered and labelled according to legal requirements before offering it for sale on eBay. However, the buyer should verify the information provided by the seller before completing the sale.
- All sellers must state in their item description that they will comply with all applicable laws and regulations as well as ensure that the high bidder satisfies all applicable regulations.
General Policy: Collectable Pesticide Containers and Devices
- eBay permits the listing of collectable pesticide containers or devices if the container or device is empty and rinsed, and the seller includes this information in the listing description.
- It is the seller's responsibility to ensure that the pesticide container or device is empty and rinsed before listing it for sale on eBay. However, the buyer should verify the information provided by the seller before completing the sale.
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You should not dump the remaining contents of a pesticide container down the drain, into the garden, or sewer. Contact your local authority, the HSE or PSD in the UK (or the PCS for Ireland) for instructions on safe disposal of pesticides before you list the container or device for sale on eBay. Contact your local authority, the HSE or PSD for instructions on safe disposal of pesticides before you list the container or device for sale on eBay.
Community Watch
eBay Community Watch - Community members can report prohibited, questionable and
infringing items to eBay.
Verified Rights Owners (VeRO) Programme - Intellectual property owners can report items that allegedly infringe on their rights
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