Hi Tom,

In relation to the obligations of a farmer they will be the same as any other user of chemical substances under the Regulations. A person who is purchasing chemical substances from an Irish or EU supplier, for use in a professional capacity is considered a Downstream User (DU) under the REACH Regulation. The main role of the DU is to identify, implement and comply with the risk management measures as laid down by his supplier in the SDS. A DU has the right to communicate his use of a substance back up the supply chain to his supplier with the aim of making this an identified use, in doing so his supplier may incorporate this use into a Chemical Safety Report (CSR). In time SDS will be accompanied by attachments called Exposure Scenarios which detail the exposure conditions and risk management measures required for the safe use if the substance. However there are some exceptions:

1. In accordance with Article 2(5)(iv), the requirements of a DU do not apply if a substance is being used in food or feeding stuff including use as animal nutrition. So, if farmers are using food as animal nutrition, then they will not be considered as DUs of those materials
2. In accordance with Article 2(6)(iv), the requirements of information in the supply chain do not apply to food or feeding stuffs including use as animal nutrition as preparations in the final state, intended for the final user. Farmers, as the final user of these feeding stuffs, would not need to comply with the requirements of information in the supply chain.
3. In accordance with Article 2(6)(i), the requirements of information in the supply chain do not apply to veterinary products in the finished state, intended for the final user. Therefore farmers using final veterinary products would not have duties under information in the supply chain for these products

Biocides and Pesticides comply with legislation other than REACH, they are not exempted entirely from the Regulation. Plant Protection Products and Biocidal Products are controlled by parallel legislation and as a result, there is currently sufficient information known about these substances such that they are considered to be already registered, however this exemption only refers to the active substances and not to other substances contained within the products, such as the co-formulants which will have to be registered.

In terms of a DU of PPP or Biocidal products; a farmer using these substances should ensure that he is using them in accordance with the conditions which fall within the suppliers recommended use and safety instructions. If a farmer feels that his particular use is not covered by the conditions as set out by the supplier then he has the right to contact the supplier to make this fact known with the view that his supplier might develop a use specific exposure scenario and appropriate Risk Reduction Measures for that use of the substance.

A Distributor of substances has the main function of passing information within the supply chain. Where appropriate the Distributor must ensure that SDS and Exposure scenarios are communicated to the DU and any information coming from the DU e.g. on specific uses, any relevant hazardous information should be communicated back up the supply chain to the supplier.

Kind Regards,
Paul