Any lingering hope, even amongst die-hard Brexiteers in this industry, that we would be better off outside the EU must surely have died a lonely death in the wake of the free trade deals which the UK Government have rushed into.

These have pretty much signed away our industry’s future and on top of that, any small remaining wellspring that we might at least be able to wave adieu to some of the red tape has also been firmly squished, regardless of what January’s so-called Brexit Freedoms Bill might have claimed.

For it would seem that, rather than having the much promised bonfire of regulations, we’ve been blinded by a smoke screen and the new approach sees just as much new red tape being brought in – only the authorities lull us into a false sense of security by simply not bothering to consult with us or even tell us it’s happening.

This would certainly seem to be the approach which has been taken with the latest set of regulations being introduced which will force all businesses using plant protection products – including crop sprays such as weedkillers, fungicides, insecticides, growth regulators and adjuvants – to register their details including names, addresses, the amounts to be used and storage arrangements with the authorities.

While the news might come as a surprise to most of us, there has been some muted anger expressed at the underhand introduction of the Official Controls (Plant Protection products) Regulations (OCR) –including a whole new range of inspections, with little or no warning and only minimal consultation with the industry on how this new piece of red tape would be implemented.

The new requirements – which were published just over a week ago by Defra and the HSE – mean that anyone who uses PPPs in a professional capacity must register with Defra (which is expected to handle the issue for the relevant government departments in Scotland and Wales as well) by June 22, 2022.

The official blurb said that it was being introduced as part of the 2020 food safety regulations and OCR forms part of a package of requirements designed to ensure regulators engaged with professional users and distributors of PPPs in a proactive way, establishing a risk-based approach to inspection and enforcement.

Defra claimed that the aim of the post-Brexit legislation was to ensure compliance with existing pesticide legislation, across agriculture, horticulture, amenity and forestry. In the farming industry, the regulations will cover not only arable and horticulture growers, but also livestock and other sectors using applied pesticides.

It’s not as if these things aren’t already covered by every assurance scheme out there.

Curiously, though, the policy statement gives EU legislation – namely Regulation (EU) 2017/625 of the European Parliament and of the council which I can only guess dates back to 2017 – as the source of the implementing regulation.

So, regardless of which way you voted in the Brexit referendum, it’s good to know that we’re still seeing fit to bring in this new piece of paper shuffling all pulled together after the country voted to leave the EU!

But, in practical terms, farmers will have to register their name, business address and information on the quantity of professional PPPs both used and stored in a typical year. Forms are available for doing this on the Defra website.

The Defra web page also provides examples of PPPs and adjuvants, as well as information on how the HSE will enforce the regulations.

Commenting on the new rules, the English NFU made its view plain – with vice-president David Exwood stating that the additional red tape was poorly timed, affecting farmers and growers when their businesses were already under significant stress from spiralling costs, in particular for fertiliser, feed and labour.

"The NFU has impressed on Defra that these new regulatory requirements must be implemented in as least burdensome a way as possible,” said Exwood.

However, a Defra spokesperson said that the OCR was part of a larger package of measures called Smarter Rules for Safer Food (SRSF) designed to modernise, simplify and bolster the agri-food chain in Europe: “The strengthening of health and safety standards is essential to ensure consumers’ confidence and sustainability of food production.”

They said the regulations would enable regulatory authorities to support compliance and enforce legal requirements that apply to the placing on the market and use of PPPs throughout the supply chain, with the rules also extending to businesses that produce, manufacture, process, import, store, distribute and sell PPPs.

Defra also said that under the OCR, HSE would have powers to carry out unannounced inspections to ensure compliance with existing pesticides regulations – adding that businesses would be required to cooperate with such inspections.

“The purpose of an inspection is to check how well users are complying with their duties under plant protection product law,” it said.

Apparently, HSE will enforce the regulations using what they term a proactive, risk-based approach which will consider: The nature and scale of businesses; past records of compliance; the activities under their control; the reliability and results of controls performed on the operator.

Inspections have been taking place since December, 2021 – with the HSE having the right to arrive to perform an inspection without notice and enter any premises (except one that is used wholly or mainly as a private dwelling) if they have reason to believe that it is necessary to enforce the relevant regulations.

“This is not unusual and the law permits a visit at any reasonable time. The HSE’s job is to keep people safe and healthy at work, to protect consumers and to protect the environment,” said a spokesman, who pointed out that guidance was available on their website to help producers prepare for what will happen during an inspection.

But, as mentioned, surely given the coverage of farm assurance schemes, the rationale behind the new requirements looks like overkill and duplication of effort – and we’ve surely also got to ask why an opportunity to fully engage with the industry was missed.

In reality, while most arable farmers might have been able, in the past, to give some idea of the amount of various products which they expect to use over the course of a year given the drive to integrated pest management and other initiatives to reduce reliance on sprays by factoring in algorithms for disease pressure and risk, any 'spray x,y and z' on a specific date-type approach is no longer a valid approach.

But lest ScotGov think they are getting off Scot-free, I’d ask for a quick hands up as to who has heard of the new Register of Persons Holding a Controlled Interest in Land (RCI)?

Well, just in case you’re as in the dark as I was, apparently it came into force at the beginning of the month – so anyone who has long-term control over land or property, whether as an owner, tenant or with 'significant influence' needs to provide their details to the Keeper of the Registers of Scotland for a new database.

A leading firm of lawyers has warned that failure to comply with reporting rules could result in a £5000 fine and said that some may not realise that they are affected by the new requirements.

Part of the Scottish Government’s Land Reform (Scotland) Act, designed to make ownership and influence over land more transparent, the public register will provide key information about those who ultimately make decisions about the management or use of land - even if they are not necessarily registered as the owner, including overseas entities and trusts – but also, it would appear, tenants.

Environment and Land Reform Minister, Mairi McAllan, said the information would make Scotland a front-runner in Europe and enable individuals and communities to identify and engage with those who make decisions about land that affects them.

Basically, they’ll know who to complain to if dung spreading offends their nostrils, if our cattle roar too loudly, or if our bulls and tups exhibit the sort of lewd and libidinous behaviour which might shock their family.

From the industry’s point of view, I guess it might actually be a good thing to know who’s in charge of what’s going on next door – but it would maybe have been handy if the new legislation had been flagged up a bit better.

While there is to be a period of grace for a year before any penalties are charged, maybe it would be a good idea if that period is used to do a bit of work on the 'awareness' front to make sure everyone knows what's required.

While the process itself isn’t that costly, like any legal registration it’s likely that professional advice will be required to ensure that the correct process and details are delivered – and that could be costly.

So, once the quarterly VAT returns have been completed, the IACS forms filled in and the carbon audited put to bed, there’s plenty more paperwork to look forward to …