HSE REQ 1- White/yellow phosphorus rodenticides

White/yellow phosphorus rodenticides

WHAT DID WE ASK?

“In a previous request to DEFRA, White/yellow phosphorus rodenticides, they have stated that you are the authority which holds this information.
(i) Can you confirm if the use of rodenticides containing white/yellow phosphorus is banned in the UK and the year and piece of legislation that enforced this ban.
(ii) Can you confirm the rationale behind the discontinuation of it’s use?
(iii) What advice was issued to landowners/suppliers/users of these rodenticides in terms of how to dispose of surplus stocks, or was there no requirement for holders to surrender their surplus stocks.For example was there a Government Departmental amnesty
whereby the chemicals could be disposed of “safely”?
(iv) Can you confirm if any compensation was paid to rodenticides before or after the new
rules and the figure paid out?
(v) Other than the Wildlife and Countryside Act 1981 concerning misuse, is there any legislation for owning or storing stocks of these rodenticides in terms of criminal offences being committed for doing so?”

WHY DID WE ASK THIS?

We had asked this information from both The Home Office, and also DEFRA, neither stating that they held the information.

WHAT DID THEY KNOW?.

Q “(i) Can you confirm if the use of rodenticides containing white/yellow  phosphorus is banned in the UK and the year and piece of legislation  that enforced this ban.”

A  “The Animals (Cruel Poisons) Regulations 1963 (Statutory Instrument 1963 Number 1278) prohibited the use of yellow phosphorus for destroying  mammals and came into force on 26th October 1963.  I attach a pdf copy of the legislation for your information.  

 

Q (ii) Can you confirm the rationale behind the discontinuation of its use?


A “We have not found any information in our records on the rationale behind the 1963 regulations, though the title of the regulation  indicates that it may have been due to concerns over the humaneness of
phosphorus when used to control mammals.”

 Q iii) What advice was issued to landowners/suppliers of  these rodenticides in terms of how to dispose of surplus stocks, or  was there no requirement for holders to surrender their
surplus stocks.  For example was there a Government Departmental
amnesty whereby the chemicals could be disposed of “safely”?

A We have not found any information in our records on this issue.
Q (iv) Can you confirm if any compensation was paid to those holding large
quantities of these rodenticides before or after the new rules and the
figure paid out?

A We have not found any information in our records on this issue.

Q (v) Other than the Wildlife and Countryside Act 1981 concerning misuse, is there any legislation for owning or storing stocks of these
rodenticides in terms of criminal offences being committed for doing so?
A The Biocidal Products Directive (98/8/EC), implemented in the UK by the
Biocidal Products Regulations 2001 (Statutory Instrument 2001 Number
880) and the Biocidal Products Regulations (Northern Ireland) (Statutory
Rule 2001 Number 442), require that the active substances used in
biocidal products such as rodenticides have to be assessed at EU-level. Yellow/white phosphorus was not supported by industry for this assessment meaning that products using this as an active substance could no longer be placed onto the EU market. The definition of ‘placing on the market’ means continued storage of rodenticide products based on this active substance would also not be allowed, with the exception of storage to be followed by disposal of the product. Although it is now some 48 years since this legislation was enacted you may wish to consider contacting the Home Office (who were the lead government department for the Animals (Cruel Poisons) Regulations 1963) to see if they have any extant records that may help answer your questions
(ii) to (iv) above.”

WHAT DOES THIS MEAN?

Further research by swanwatch reveals some interesting information in The National Archives about the 1963 legislation concerning phosphorus rat poison. The Association of Municipal corporations noted

“It is generally agreed that phosphorus is cruel in its effect. It can be purchased in compound form by the general public from chemists and when used by the layman and a sub-lethal dose administered, can inflict extreme pain not only in rodents but other animals which might have access to baits haphazardly put down.”

An Information brief provided to the then Home office parliamentary undersecretary during drafting of the legislation noted “It produces gastro-intestinal symptoms and   appears to cause rats intense abdominal pain, the victim suffering convulsions and diarrehoea. According to the Oxford Bureau of Animal Population, phosphorus causes great suffering during a period of from two to seven days. Phosphorus is not recommended by The Ministry of Agriculture.”

What a perverse situation that a “Cruel Poison” like white phosphorus can be “banned”, yet under the auspices of a waste management licence and an “established use certificate”, legally dumped under water by the tonne,and continue to be allowed to cruelly poison wildlife.