Cuprokylt (copper oxychloride): Temporary Authorisation

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A decision made on 28 March 2019

Decision Reference: MD-PE- 2019-0034
Decision Summary Title :	Cuprokylt (copper oxychloride) Temporary Authorisation		Date of Decision Summary:	22 March 2019
Decision Summary Author:	Plant Pathologist & Laboratory Manager, Growth Housing and Environment		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Cuprokylt (copper oxychloride) Temporary Authorisation Report		Date of Written Report:	22 March 2019
Written Report Author:	Plant Pathologist & Laboratory Manager, Growth Housing and Environment		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Cuprokylt (copper oxychloride) Temporary Authorisation
Decision(s): 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 1st March 2019 and terminating on 31 December 2019, as set out and recommended in the Cuprokylt (copper oxychloride) Temporary Authorisation Report, dated 01 March 2019.
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.
Action(s) required: As soon as reasonably practical, give public notice in the Jersey Gazette of this Assistant Ministerial Decision. 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

Growth, Housing and Environment

Cuprokylt (copper oxychloride) Temporary Authorisation Report

(Public)

Purpose of the Report

The Minister for the Environment (Minister) is requested to:

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 immediate effect and terminating on 31 December 2019.

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 2017 was granted by The Minister in a March 2017 decision. An identical temporary approval was granted in 2018 for use on that year’s potato and tomato crops.

This approval serves to extend the authorisation to include the 2019 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 2019 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.

Supporting Documents

Any person or organisation wishing to use Cuprokylt in Jersey must obtain a “Temporary Authorisation for Cuprokylt” document (as attached to this report) from Growth Housing and Environment. 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.

Written by: Steve Thompson, Plant Pathologist & Laboratory Manager

Approved by: Willie Peggie, Director – Natural Environment

01 March 2019

MD-PE-2019-0034

Temporary Authorisation for Cuprokylt

Pesticides (Jersey) Law 1991

Product name: Cuprokylt

Active ingredient: 87.8% copper oxychloride (50% elemental copper)

Product authorisation holder: Industrias Quimicas Del Valles, S.A. (Registered Company no. 30226)

Marketing company: Certis

This temporary authorisation ends: 31 December 2019

If the authorisation of the above product is withdrawn or amended before the end date above, this temporary authorisation will end on the same date as the authorisation for the product.

Extent of authorisation: Jersey

______________________________________

Signed by: Deputy J Young, Minister for the Environment

Date of issue:

EXPLANATORY NOTES

This is a temporary authorisation for Jersey for the sale, dispersal, storage and use of Cuprokylt (copper oxychloride) for the period 1st January 2019 to 31 December 2019 following an emergency authorisation issued by the U.K. Chemicals Regulation Directive for the United Kingdom in 2017.
Neither the efficacy nor the phytotoxicity of the product for which this authorisation has been granted has been assessed and, as such, the user bears the risk in respect of failures concerning its efficacy and phytotoxicity.

ADVISORY INFORMATION

This temporary authorisation relates to the use of ‘Cuprokylt’ as a fungicide for the control of late blight caused by Phytophthora infestans on tomatoes and potatoes. Applications to be made via a conventional hydraulic sprayer, air assisted hydraulic sprayer or knapsack sprayer in a water volume of 1100 – 1300 litres of water / ha for potatoes and 1000 litres of water / ha for tomatoes.

CONDITIONS OF AUTHORISATION FOR USE

The conditions below are obligatory. They must be complied with when the authorisation occurs. Failure to comply with the following conditions may result in other enforcement action, including prosecution. For the purposes of this authorisation only, the conditions and/or requirements shown below supersede any corresponding conditions and/or requirements set out on the label or otherwise provided for under the product authorisation which would otherwise apply.

Use:

Field of use: ONLY AS A FUNGICIDE

User: Professional

Crops/situations:	Individual dose (kg product / ha):	Maximum total dose:	Number of treatments (per crop):	Harvest interval:
Potatoes Tomatoes	1.5 - 2 3	- -	3 - 6 (apply every 10 – 14 days) -	14 days -

Crops/situations:

Individual dose (kg product / ha):

Maximum total dose:

Number of treatments (per crop):

Harvest interval:

Potatoes

Tomatoes

1.5 - 2

3 - 6 (apply every 10 – 14 days)

14 days

Maximum Residue Levels (MRLs) for potatoes and tomatoes: 5 mg/Kg

Operator Protection:

(1) Spray equipment must only be used where the operator’s normal position is within a closed cab on a tractor or self-propelled sprayer when making broadcast air-assisted applications.

(2) Other engineering control of operator exposure must also be used where reasonably practicable in addition to the following personal protective equipment:

(a) Operators must wear suitable protective gloves and suitable respiratory protective equipment when handling the product.

(b) Operators must wear suitable protective gloves when handling contaminated surfaces or applying by hand-held equipment.

(3) However, engineering controls may replace personal protective equipment if a COSHH assessment shows that they provide an equal or higher standard of protection.

Other specific restrictions:

This product must only be applied in accordance with the terms of this authorisation, the product label and/or leaflet.