Decree No 333 / 2004 Coll.
Ordinance on professional competence in the field of phytosanitary care
Valid
Order
Effective from 31.05.2004
333
DECLARATION
of 4 May 2004
on professional competence in the field of plant health
The Ministry of Agriculture, in cooperation with the Ministry of Education, Youth and Sports, provides, pursuant to § 88 (4) of Act No. 326 / 2004 Coll., on Phytosanitary Care and on the amendment of certain related laws, hereinafter referred to as "the Act":
Subject matter
This decree is regulated
(a) the focus of the study and the length of professional experience for selected business areas;
(b) professional competence for the treatment of plant protection products (hereinafter referred to as "products").
Focus of study and the length of professional experience for selected business areas
(C § 85 (2) of the Law)
(1) Persons engaged in trade in plant, plant products, objects and soil treatment against harmful organisms must have:
(a) secondary education with a degree in agriculture, horticulture, wine-growing or forestry education;
(b) higher vocational education in agriculture, horticulture or forestry education; or
(c) higher education in agriculture, horticulture or forestry
and experience in the field of plant protection of a length determined in accordance with paragraph 2 and a valid certificate of competence for working with products.
(2) The duration of experience for persons meeting the qualification criteria referred to in paragraph 1 shall be at least five years, or, where appropriate, if the person concerned has completed a graduate examination of the professional subjects of which the objects of plant health, plant protection or forest protection were included in the secondary vocational schools referred to in paragraph 1, at least three years.
(3) Persons involved in the control testing of plant protection products must have:
(a) secondary education with a degree in agriculture, horticulture, wine-growing or forestry education;
(b) higher vocational education in agriculture, horticulture or forestry education;
(c) higher education in agriculture, horticulture or forestry; or
(d) secondary education with a graduate examination or higher vocational education or higher education, focusing on studies other than those referred to in (a) to (c);
and practice in the operation and adjustment of plant protection products for the duration specified in paragraph 4.
(4) The period of experience for persons referred to in paragraph 3 (a) to (c) shall be at least 2 years, for persons referred to in paragraph 3 (d) at least 3 years, with the exception of those who are graduates of engineering studies which are not required.
(5) The assessment of professional competence shall be treated mutatis mutandis in accordance with Section 82 (5) (b) of the Act.
Professional competence for the treatment of products
(Paragraph 86 (6) of the Law)
Professional competence requirements for the handling of products
(1) For the test referred to in Article 6, the person must demonstrate knowledge
(a) the characteristics of the main product groups, their formulation and the dangerous properties of chemical products under the Specific Act, 1)
(b) the risk of adverse effects of the products on human and animal health and individual environmental aspects;
(c) practical measures to protect health and safety of work when handling products;
(d) legislation and prescribed working procedures to protect bees, game, fish and aquatic organisms and other non-target organisms from the application of preparations, in particular for the protection of animals against abuse, including the protection of nature and landscape;
(e) the principles of proper use of the products in terms of the effectiveness of protective intervention, quality and health of treated crops and stored plant products;
(f) legislation for the correct and safe storage of chemical products, for the transport and handling of used packaging and other categories of hazardous pesticide waste under the Specific Act, 2)
(g) principles of correct adjustment of the application technique and principles of control testing of plant protection devices.
(2) In order to carry out the activities of protective disinfectant, disinfectant and deratization in agricultural and food establishments using authorised products, a person who has a valid certificate of professional competence for the performance of special protective disinfectant, disinfectant and extermination.3)
(3) The assessment of professional competence shall be treated mutatis mutandis in accordance with Section 82 (5) (b) of the Act.
Proficiency test for the treatment of products
(1) The application for a proficiency test shall state:
(a) the name and, where appropriate, the name and surname, where applicable the title, the place of residence, the date of birth;
(b) educational attainment, including the field of study or accredited study programme;
(c) the duration and content of professional experience.
(2) The application shall be submitted by the tenderer to the competent plant health administration and shall be accompanied by:
(a) a copy of the proof of successful completion of the relevant vocational course or of the evidence of professional training achieved; and
(b) proof of payment of the administrative fee.
(3) The proficiency test shall consist of a written and oral part. Its content shall be the verification of the knowledge of the tenderer required under Article 5 (1).
(4) The examination committee shall be appointed by the plant health service in agreement with the competent public health authority, which shall be represented in that panel. The examination committee shall be of three members, composed of the Chair and two other members.
(5) The examination panel shall inform the candidate at least 14 days before the examination of his / her date, time schedule and place of performance and shall invite the applicant for the proficiency test to submit on the day of the examination the originals of the documents referred to in Article 6 (2) (a) to verify the conformity of the copy or copy with the original document to be carried out by the examination panel before the examination. If the tenderer does not submit the original documents according to the first sentence or if the copy or copies do not correspond to the original document, the tenderer shall not be admitted to the test.
(6) The knowledge of the participant in the course shown in the test shall be evaluated at "passed 'or" failed'. The President shall draw up a report on the conduct of the examination, stating the names and surnames of the members of the examination committee, the date and place of the examination, the list of candidates, the questions to be submitted and the results of their evaluation. The protocol shall be signed by all members of the examination committee. The Protocol shall be deposited at the appropriate plant health administration territorial place and a copy of the Protocol shall be submitted to the competent public health authority.
(7) The plant health management shall issue a certificate of professional competence for the treatment of preparations and for the performance of professional plant health activities under Section 81 (1) (g) of the Act, the details of which are set out in Annex 1.
Content and scope of good practice course in plant protection and safe handling of products
(1) The content and scope of the course for obtaining knowledge and skills for the correct and safe handling of plant protection products are set out in Annex 2 to this Decree.
(2) The training courses in order to obtain the said competence are organised by educational establishments with the necessary material and technical conditions, which are entrusted by the Ministry of Agriculture on a proposal from the plant health administration for this activity.
(3) The costs of this training are borne by the participant in the course.
Requirements for certificates of completion of a professional course of good plant protection practice and the safe handling of plant protection products
(Paragraph 86 (4) of the Law)
The certificate of completion of the expert course of good plant protection practice and the safe handling of plant protection products shall contain the following information:
(a) an indication that it is a certificate of completion under Section 86 (4) of the Act,
(b) the name of the educational establishment;
(c) the seat of the educational establishment;
(d) the serial number of the certificate issued by the educational establishment;
(e) name, surname, date of birth of the course graduate;
(f) the name of the training course;
(g) details of course duration, date of issue of the certificate;
(h) the stamp and signature of the person authorised to act on behalf of the educational establishment.
Repeal
Decree No. 92 / 2002 Coll., on professional competence for business in the field of plant health care is hereby repealed.
Efficacy
This decree shall take effect on the date of its publication, with the exception of the provisions of Sections 6 and 7, which shall take effect on 1 January 2006.
Minister:
Ing. Palas v. r.
Příloha č. 1
Annex No 1 to Decree No 333 / 2004 Coll.
Certification
on professional competence for the treatment of plant protection products and for the performance of professional plant health activities pursuant to § 81 (1) (g) of Act No. 326 / 2004 Coll., on plant health and the amendment of certain related laws
Příloha č. 2
Annex No 2 to Decree No 333 / 2004 Coll.
Content and scope of the course for obtaining professional competence for the treatment of products under Section 86 of the Act
(1) The total duration of the course is 40 hours
(2) Content and course range:
| Obsah | Rozsah |
| 1) Charakteristika hlavních skupin přípravků, způsob účinku, formulační úpravy | 6 hodin |
| 2) Nebezpečné vlastnosti přípravků, rezidua a potravinová bezpečnost | 4 hodiny |
| 3) Etiketa, varovné symboly a značky, bezpečnostní list | 2 hodiny |
| 4) Předpisy upravující registraci, prodej a použití přípravků | 3 hodiny |
| 5) Předpisy upravující ochranu zdraví při zacházení s přípravky | 2 hodiny |
| 6) Toxicita přípravků, rizika poškození zdraví, cesty vstupu do organismu | 2 hodiny |
| 7) Zdravotní dozor, zásady první předlékařské pomoci | 2 hodiny |
| 8) Osobní ochranné pracovní prostředky a jejich použití | 2 hodiny |
| 9) Předpisy a praktická opatření k ochraně včel, zvěře, ryb a vodních organismů | 3 hodiny |
| 10) Předpisy a obecné zásady ochrany vodních zdrojů | 2 hodiny |
| 11) Pracovní postupy při přípravě postřikové kapaliny, aplikaci a asanaci techniky | 2 hodiny |
| 12) Seřízení, dávkování a kontrola správné funkce strojů na ochranu rostlin | 2 hodiny a 2 hodiny praktické výuky |
| 13) Požadavky na balení, druhy obalů a nakládání s použitými obaly | 2 hodiny |
| 14) Skladování, technické a pracovní požadavky na sklad pesticidů | 2 hodiny |
| 15) Znehodnocování pesticidních odpadů, předpisy pro nakládání s nebezpečnými odpady | 2 hodiny |
1) Act No. 356 / 2003 Coll., on Chemicals and Chemicals and on the amendment of certain laws.
2) Act No. 185 / 2001 Coll., on waste and amending certain other laws, as amended by Act No. 477 / 2001 Coll., Act No. 76 / 2002 Coll., Act No. 275 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 356 / 2003 Coll.
3) Article 58 of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Acts, as amended by Act No. 274 / 2001 Coll. and Act No. 274 / 2003 Coll.
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Regulation Information
| Citation | Decree No 333 / 2004 Coll., on professional competence in the field of phytosanitary care |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.2004 |
|---|---|
| Effective from | 31.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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