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The Pesticides Management CodeProtecting the environment and health in the activities of wholesale and retail saleThe Pesticides Management Code, in force since April 3, 2003, introduces regulations controlling the storage, sale and use of pesticides. The objectives aimed by this regulation are to reduce and to control the use of pesticides, to decrease the risks of exposure for people and the risks of contamination of the environment.
The Pesticides Management Code and you These regulations affect the wholesale and retail sale sector. Permit and certificate holders targeted by the Regulation respecting permits and certificates for the sale and use of pesticides must comply with the regulations of the Code. These include: Permit holders (businesses)
Certificate holders (salers)
Pesticide classifications are established according to the Regulation respecting permits and certificates for the sale and use of pesticides. They differ from the federal classifications.
Class 1 to Class 4 pesticides must be stored in premises where the ambient conditions are not likely to alter the pesticide, its container or label. The pesticide must also be stored in such a manner that its content is not released into the environment. A sign indicating the list of certain services (e.g. Centre anti-poison du Québec) and their telephone numbers must be posted in a conspicuous place near the entrance to the premises. A person who stores Class 1, Class 2 or Class 3 pesticides must have on the premises adequate equipment and material capable of stopping any leak or release of pesticides and, if required, of cleaning the premises. In the event of a leak or release of pesticides, the person must immediately take measures to stop the leak or release and clean the premises. A person who stores unprepared or undiluted pesticides in quantities equal to or greater than 1,000 litres or 1,000 kilograms must immediately notify Urgence-Environnement in the event of pesticide fire, and specify at that time the nature of the stored pesticides and the approximate quantity stored on the premises. This rule applies to unprepared or undiluted Class 1 to Class 4 pesticides. Storage of Class 1, Class 2 or Class 3 pesticides within a flood area Flood areas must be mapped or identified in a development plan or a metropolitan land use planning and development plan or in a municipal zoning by-law.
It is prohibited to store Class 1 to Class 3 pesticides in a flood area having a flood recurrence interval of 0 to 20 years. This prohibition did not apply to existing storage sites for a period of two years, i.e., until April 3, 2005. Since that date, pesticides must be stored on such premises only if they are placed higher than the highest level reached by water in a 100-year interval flood, failing which the storage site must be moved outside the flood area.
It is prohibited to store pesticides in this area, except under the following conditions:
This prohibition did not apply to existing storage sites for a period of two years, i.e., until April 3, 2005. Since that date, pesticides must be stored on such premises only if one of the above-mentioned conditions applies, failing which the storage site must be moved outside the flood area.
Containment works A containment works is a floor, platform or watertight basin, built so as to contain and allow for the complete recovery of any pesticide leak or spillage. Unprepared or undiluted Class 1 to Class 3 pesticides must be stored in premises having a containment works. This regulation applies to holders of the Class A and Class B permit. The same applies to any person who stores a quantity equal to or greater than 100 litres or 100 kilograms of unprepared or undiluted Class 1 to Class 3 pesticides for a period longer than 15 consecutive days, particularly pesticides stored on application sites or close to buildings. Since April 3, 2005, a holder of a Class A or a Class B, Subclass B1, permit who loads or unloads Class 1 to Class 3 pesticides in a storage premises also carry out these operations in a containment works. Note: The surface under the truck is not considered as being a part of the storage premises. The special case of tanks and mobile tanks The underground burial of a pesticide tank of any capacity is prohibited. In addition, tanks and mobile tanks must be kept closed outside of loading and unloading periods and be equipped with a safety device that prevents their use outside of these periods.
Installation of a containment works A tank or mobile tank in storage premises must be placed in a containment works if the tank contains unprepared or undiluted pesticides. The containment works must be able to contain at least 110 percent of the capacity of the largest tank or stationary mobile tank in the same containment works. In addition, the tank must be protected from vehicle impact by barriers. A containment works is not required in storage premises for a mobile tank containing prepared or diluted pesticides. The loading or unloading of unprepared or undiluted pesticides into or from a tank or mobile tank must take place in a containment works. Pesticide or rainwater that has accumulated in a containment work must be removed immediately after a pesticide leak or release or after the precipitation ceases. Required application distances The regulations stipulate application distances to be respected from sensitive elements, watercourses, bodies of water and water catchment works. The following table summarizes the application distances to be respected according to the premises where storage activity takes place.
APPLICATION DISTANCES TO BE RESPECTED BY RETAIL BUSINESSES DURING PESTICIDE STORAGE*
*Operators of a storage site having received a certificate of conformity issued by CropLife Canada before April 3, 2003, are exempted from compliance with the storage requirements outlined in the table for the certified storage site. Specific regulations for retail sale Retail sale outlets had to modify how they shelve and display pesticides so that customers can no longer serve themselves. In addition all products listed in Schedule I of the Code and intended for domestic use had to be taken off the market. Ordinary citizens thus had to change gradually their consumer habits:
Gardening… all naturally proposes solutions to replace pesticides when pest problems arise at trees, shrubs, in the lawn, the flowerbeds or the garden. The table below lists the regulations that apply to anyone selling a pesticide of the classes targeted, unless indicated otherwise.
The information provided in this document is in no way meant to replace the text of the Pesticides Management Code. The full text is published in the March 19, 2003, edition of the Gazette officielle of Publications du Québec. “Avoid pesticides … a natural thing to do.”
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