A BAN of metaldehyde slug pellet products has been turned over and declared unlawful.

Michael Gove made the decision to withdraw all products containing metaldehyde with immediate effect back in December 2018, when he was still DEFRA secretary, but following legal challenges it has now been overturned.

“Metaldehyde is back on the market and we’ve reverted to where we were eight months ago,” confirmed Philip Tavener of Chiltern Farm Chemicals who took the legal action to bring Mr Gove’s decision before the High Court, disputing the environmental impact of its products on non-target species.

“Chiltern is ensuring that supplies of metaldehyde slug pellets will be available with immediate effect from its normal distribution channels.”

Mr Tavener explained that the legal basis of Defra’s withdrawal decision had required Mr Gove to form his own view on the impact of the metaldehyde products on non-target species, but he did not do so.

“A few days before a hearing was due to take place in the High Court, the Government conceded that its decision-making process was flawed. The decision was unlawful,” Mr Tavener said.

NFU Scotland also welcomed the decision. Vice president Charlie Adam said: “Every grower and gardener knows the impact that slugs can quickly have on crops. Used properly and safely, metaldehyde was a trusted part of the plant protection toolbox until its ban last winter.

“The High Court has decided to overturn the ruling by DEFRA last December to withdraw all products containing metaldehyde with immediate effect, regarding it as unlawful. That is welcome news.

“DEFRA are now required to decide afresh as to whether to grant re-authorisation for the products or to revoke the existing authorisations, with NFUS continuing to advocate a science-based approach.

“Retaining metaldehyde provides farmers with a trusted treatment that, when used properly, is reliable and effective," stressed Mr Adam. "The targeted nature of metaldehyde allows farmers to use the product against slugs, the arable sector’s most destructive pest, when they are identified without the need to use it as a preventive measure.

“The Metaldehyde Stewardship Group has introduced new buffer zone requirements, promoted reduced usage and the adoption of integrated pest management and again highlights the responsible usage that farmers are demonstrating in their approach to plant protection products.”

The Court’s order confirms that the applications for product re-authorisation remain outstanding, and DEFRA are required to decide afresh as to whether to grant re-authorisation for the products or to revoke the existing authorisations.