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Cuprokylt (copper oxychloride) Temporary Authorisation 2020

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 6 February 2020

Decision Reference: MD-PE-2020-0023

Decision Summary Title:

Cuprokylt (copper oxychloride) Temporary Authorisation 2020

Date of Decision Summary:

4 February 2020

Decision Summary Author:

Assistant Private Secretary

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Cuprokylt (copper oxychloride) Temporary Authorisation Report 2020

Date of Written Report:

4 February 2020

Written Report Author:

Plant Pathologist & Laboratory Manager

Written Report:

Public or Exempt?

Public

Subject:

Cuprokylt (copper oxychloride) Temporary Authorisation 2020.

Decision(s):

Following the expiration of the previous approval under MD-PE-2019-0034, the Assistant Minister approved the sale, dispersal, storage and use of Cuprokylt (copper oxychloride) as a fungicide on tomato and potato crops for a temporary period, beginning 7 February 2020 and terminating on 31 December 2020, as set out and recommended in the Cuprokylt (copper oxychloride) Temporary Authorisation Report.

Reason(s) for Decision:

In accordance with the Pesticides (Jersey) law 1991, the Minister may at any time give his approval in relation to a pesticide or amend the conditions of an approval; each approval may authorise the supply, storage and use of the pesticide to which it relates. In addition, the Minister may approve a pesticide which has been authorised for use elsewhere subject to the conditions of use.

This decision supports organic and conventional tomato and potato growers in Jersey.

Resource Implications:

None.

Action required:

1. As soon as reasonably practical, give public notice in the Jersey Gazette of this Ministerial Decision.

2. Issue any person or organisation wishing to use Cuprokylt in Jersey a “Temporary Authorisation for Cuprokylt” document.

Signature:

 

 

 

Deputy Gregory Guida

Position:

 

 

 

Assistant Minister for the Environment

Date Signed:

 

 

 

Date of Decision (If different from Date Signed):

 

 

Cuprokylt (copper oxychloride) Temporary Authorisation 2020

Minister for the Environment

Ministerial Decision Report

 

 

 

 

Cuprokylt (copper oxychloride) Temporary Authorisation Report 2020

 

Purpose of the Report

 

Approve the sale, dispersal, storage and use of Cuprokylt (copper oxychloride) as a fungicide on potato and tomato crops for a temporary period beginning with 7 February 2020 and terminating on 31 December 2020.

 

Background

 

The Pesticides (General Provisions) (Jersey) Order 1991, article 4, enables the Minister at any time to give his approval, or amend the conditions of an approval, in relation to a pesticide of any description.

 

A temporary approval for the use of Cuprokylt on potato crops during 2019 was granted by the Minister by ministerial decision MD-PE-2019-0034. Temporary approval was also granted in 2018 for use on that year’s potato and tomato crops.

 

This approval serves to extend the authorisation to include the 2020 calendar year. In the U.K., Cuprokylt (marketed by Certis U.K.) currently has full approval status for use on grape and stone fruit crops;  until the end of 2016 it also had full approval status for use on potato and tomato crops until this was withdrawn for commercial reasons. Cuprokylt has been used in Jersey for many years for the control of late blight in organically grown tomato and Jersey Royal potato crops but since the full approval status for use on tomato and potato crops was withdrawn, organic growers have had no alternative fungicides available with which to control late blight. The use of copper-based fungicides is endorsed by the U.K. Soil Association.

 

The 2017 U.K. temporary approval for Cuprokylt by the Chemicals Regulation Division (CRD) for use on potatoes was gained with the approval of the Soil Association and   was welcomed by the organic sector in Jersey. A number of growers in the organic and conventional sectors have requested that the authorisation is renewed with immediate effect to include the whole of the 2020 calendar year and extended to include tomatoes. The use of Cuprokylt is not seen as contentious because the active ingredient, copper oxychloride, does not readily leach and poses a low environmental risk. Jersey Water confirm that they do not envisage an issue with its use in Jersey.

 

Details

 

Any person or organisation wishing to use Cuprokylt in Jersey must obtain a “Temporary Authorisation for Cuprokylt” document from GHE. The document describes the product, provides advisory information, and sets out the conditions for authorised use, including crop maximum residue levels and spray operator protection requirements.  

 

Recommendation

 

The Minister is recommended to sign the Ministerial decision.

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