(1)Any person who is in possession of any pesticide containing one or more prescribed active ingredient shall be guilty of an offence.
(2)A person shall not be guilty of an offence under subsection (1) if the person shows that the possession of the pesticide was for the purposes of doing anything in accordance with—
(a)any regulations made under section 16(2) of the Food and Environment Protection Act 1985 (c. 48), or
[F2(b)Regulation (EU) No 528/2012 of the European Parliament and of the Council.]
[F3(2A)Subject to the provisions of this Part, any person who knowingly causes or permits to be done an act which is made unlawful by subsection (1) shall be guilty of an offence.]
(3)In this section—
“pesticide” has the meaning given in the Food and Environment Protection Act 1985 (c. 48), and
“prescribed active ingredient” means an ingredient of a pesticide which fits it for use as such and which is of a type prescribed by order made by the Scottish Ministers.]
Textual Amendments
F1S. 15A inserted (S.) (1.10.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 50, 59, Sch. 6 para. 14; S.S.I. 2004/407, art. 2
F2S. 15A(2)(b) substituted (1.9.2013) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), reg. 2(1), Sch. 5 para. 1 (with regs. 3(4)(5), 31)
F3S. 15A(2A) inserted (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 21(4), 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(e)