Horticulture Code of Practice
Helping to prevent the spread of invasive non-native
species
Advice and guidance on the safe use, control and
disposal of invasive non-native plants for everyone engaged
in horticulture and related activities that involve the use
of plants.
Foreword
Scope
Aim
Background: Why a Code is needed
Legal framework
Responsibilities to control the spread of invasive
non-native plants
Assessing the risk of invasive non-native plants
Guidelines and Guidance
The working group on the Horticultural Code of
Practice
Arrangements for monitoring and evaluating the code
Glossary
Annex A - Government departments/agencies and statutory
authorities
Annex B - Contact details for horticultural
organisations
Annex C - Sources of technical advice on invasive
species for gardeners and landscapers etc.
Annex D - Extract from Section 14B of the Wildlife and
Countryside Act 1981
Annex E - References
FOREWORD
Invasive non-native species are one of the single most
important threats to biodiversity across the world, and
they are putting Scotland's own unique natural heritage at
risk.
Many of us will be familiar with the sight of highly
invasive plants, such as Japanese knotweed and giant
hogweed, squeezing out our native plants on riverbanks,
road verges and wild land across Scotland. Some of us will
also be aware of the problems caused for woodland habitats
as a result of rhododendron infestation.
Even a widespread native like Scotland's wild hyacinth
is under increasing threat from hybridisation with garden
escapees. There is significant concern, too, about the
ecological damage which can be done by exotic aquatic
plants when allowed to escape into the wider
environment.
Not all non-native species are damaging. We all benefit
from non-native species in a great many ways. Modern
gardening, agriculture and forestry would not be possible,
or nearly as productive and enjoyable, without them.
The difficulties start when non-native species are
planted in the wild or begin to spread into new habitats,
out-competing some of our most valuable and vulnerable
native flora. So it is important that we learn to use
non-native plants wisely and responsibly and are aware of
those that can cause harm.
This code has been produced for all those involved in
horticulture - from the amateur gardener to the wholesale
importer - and provides practical guidance on dealing with
invasive non-native species. In adhering to this code we
can all do our bit to reduce the threat from invasive
non-native species and help to safeguard Scotland's
remarkably rich and diverse natural environment.
The vast majority of problem-species were originally
introduced innocently, if misguidedly. I believe that
education and greater awareness of potential risks are our
best defences against future threats.
When necessary, there are also significant penalties
available to the courts. In that connection I am approving
this code as guidance for the purposes of section 14B of
the Wildlife and Countryside Act 1981. In future, the
Scottish courts will be entitled to take account of the
code when considering cases involving non-native species.
Breach of the code will not itself be an offence. But I
hope that the code will provide a benchmark for responsible
conduct.
The production of this code has only been possible with
the support and assistance of both the horticultural trade
and environmental groups. It could not have been done
without their wealth of experience and expertise. I am
grateful to all those who have contributed.
I would urge everyone with an interest in plants and
horticulture to read this code and to follow the advice
contained within it.
LEWIS MACDONALD
Deputy Minister, Environment and Rural Development
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CODE OF PRACTICE
Scope
1. This Code applies to everyone engaged in horticulture
and related activities that involve the use of plants in
Great Britain.
This Code has been issued in Scotland as guidance for
the purposes of section 14B of the Wildlife and Countryside
1981
[1].
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Aim
2. The Code is voluntary. However it aims to promote a
standard of reasonable behaviour that, if followed
carefully, will help ensure compliance with legislation and
prevent the spread of invasive non-native species
[2] into the countryside.
3. This Code is available on the Scottish Executive
Website (
www.scotland.gov.uk/invasivespecies).
If you require a printed copy please contact the Scottish
Executive. The electronic version will be kept up-to-date
with any amendments in legislation, best available
techniques, changes to websites or information on newly
discovered invasive non-native plants or animals. This Code
may be downloaded and printed; however, to ensure you have
the latest version you should always refer to the Scottish
Executive website (
www.scotland.gov.uk).
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Background: Why a code is needed
4. One of the primary threats to Great Britain's native
plants and habitats is from invasions of non-native plants,
many of which were introduced into gardens and parks over
the last couple of centuries and have subsequently escaped
"over the garden wall" into our countryside. When these
plants were introduced, the gardeners of the time could not
have foreseen the problems that some of these plants would
eventually cause. Decisions on plant selection have
generally been made in line with the custom and practice of
the time. Almost certainly, no plants have been introduced
with the deliberate intention of causing harm to native
wildlife or other interests.
5. When non-native species become invasive they can
transform ecosystems, and threaten native and endangered
species. Invasive non-native species also damage economic
interests, such as agriculture, forestry and
infrastructure, and can threaten public health. The
problems they cause are serious; so serious that the
introduction of invasive non-native species is identified
as one of the main causes of biodiversity loss worldwide.
This includes the loss of the distinctive local
biodiversity that makes each area special. With increasing
global trade and world travel, these problems are likely to
continue to increase.
[3]
6. Many non-native plants do not become invasive nor
cause problems. Indeed, the horticulture industry would not
be as successful or the private and public gardens in Great
Britain so beautiful and varied, without the non-native
plants that are imported and cultivated. This Code does not
seek to stop trade in these plants. However, by setting out
good practice for all those involved in horticulture it
does seek to prevent the further spread of invasive
non-native plants into our landscapes and natural habitats,
where they become a danger to the environment and costly to
control.
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Legal framework
International
7. The Convention on Biological Diversity (CBD) provides
an overarching international framework for action,
including the development of a set of guiding principles
for the conservation of biological diversity. This
Convention requires contracting parties as far as possible
and as appropriate, to prevent the introduction of, and
control or eradicate, alien (i.e. non-native) species which
threaten ecosystems, habitats or species (see
www.biodiv.org/programmes/cross-cutting/alien/ for more
details). Other international conventions and agreements
(for example the Bern Convention) address invasive
non-native species to some extent. In December 2003, the
Bern Convention produced its strategy on invasive
non-native species within the Convention area see:
www.coe.int/t/e/Cultural_Co-operation/Environment/Nature_and_biological_diversity/Nature_protection/sc24_inf01e.pdf?L=E.
European
8. The main areas of relevant European Union legislation
include the EC Habitats Directive (92/43/EEC) and the EC
Plant Health Directive (2000/29/EC) (see
www.europa.eu.int).
The EC Habitats Directive requires Member States to
regulate deliberate introductions of non-native species so
as not to prejudice natural habitats or wild native fauna
and flora, and where necessary, to prohibit such
introductions. In Great Britain, this is transposed into
domestic legislation by Section 14 of the Wildlife and
Countryside Act 1981, and the Nature Conservation
(Scotland) Act 2004. The EC Plant Health Directive guards
against the import of non-indigenous plant pests, this is
implemented by the Plant Health (Great Britain) Order 1993
(as amended). The Scottish Executive is responsible for
implementing the Order in Scotland and Defra is similarly
responsible for England and Wales (on behalf of the
National Assembly for Wales).
Great Britain
9. The Wildlife and Countryside Act 1981 (as amended by
the Nature Conservation (Scotland) Act 2004) is the
principal legislation which regulates the release of
non-native species. Section 14(2) prohibits the release of
certain invasive non-native plants into the wild in Great
Britain; it is an offence under Section 14(2) to "plant or
otherwise cause to grow in the wild" any plants listed on
Part II of Schedule 9.
10. In Scotland, the Nature Conservation (Scotland) Act
2004 includes measures to address further the threats posed
by hybrids and the unauthorised release of non-native
species. The Act also improves the ability of Ministers to
respond effectively to new threats posed by non-native
species by providing a discretionary power to issue or
approve guidance in relation to non-native species, by
allowing greater flexibility in updating and amending
Schedule 9 of the 1981 Act (which lists species which are
established and which are prohibited from further release),
and by prohibiting the sale of certain non-native animals
and plants.
11. This Schedule can be amended by Scottish Ministers
at any time (or by the Secretary of State in England or
Wales). There is no duty to report any plant listed on
Schedule 9. Copies of Acts of Parliament and Statutory
Instruments can be obtained from The Stationery Office (
www.tso.co.uk). Offences
under Section 14 in Scotland carry the following
penalties:
- on summary conviction a £40,000 fine and / or six
months in prison, or,
- on conviction on indictment to a fine and / or
imprisonment of up to 2 years.
12. Section 33 (1) of the Environmental Protection Act
1990 states that a person shall not:
(a) deposit controlled waste, or knowingly cause or
knowingly permit controlled waste to be deposited in or on
any land unless a waste management licence authorising that
deposit is in force and the deposit is in accordance with
the licence;
(b) treat, keep or dispose of controlled waste, or
knowingly cause or knowingly permit controlled waste to be
treated, kept or disposed of-
(i) in or on any land, or
(ii) by means of a mobile plant, except under and in
accordance with a waste management licence
(c) treat keep or dispose of controlled waste in a
manner likely to cause pollution of the environment or harm
to human health
A person who commits an offence under this section shall
be liable-
(a) on summary conviction, to imprisonment for a term
not exceeding six months or a fine not exceeding £20,000 or
both (in Scotland the maximum fine is £40,000 under
amendments introduced by the Antisocial Behaviour etc
(Scotland) Act 2004); and
(b) on conviction on indictment, to imprisonment for a
term not exceeding two years or a fine or both.
13. Section 34 of the Environmental Protection Act 1990
places a duty of care on all non-domestic waste producers
to ensure that any wastes are disposed of safely and that a
written description of the wastes, and any specific harmful
properties, are provided to the site operator. Householders
are covered by Section 33 of the Act.
Japanese knotweed and giant hogweed and soil
containing particles of these plants are regarded as
controlled waste. Further information on
controlled waste can be obtained from the Scottish
Environment Protection Agency (SEPA) and by the Environment
Agency (
www.environment-agency.gov.uk)
in England and Wales.
14. Problems are also caused by invasive native weeds,
such as common ragwort. This is beyond the scope of this
Code, however, further information on the Weeds Act 1959,
which is the legislation which pertains to such species is
available online at
www.scotland.gov.uk/Topics/Agriculture/Environment/Agrienvironment/RuralSteward
/RSSguidance/RSSpart4a/RSSweeds
www.Defra.gov.uk/environ/weedsact/default.htm.
15. Plant Health legislation (principally the Plant
Health (Great Britain) Order 1993) implements the EC Plant
Health Directive, 2000/29. Similar legislation applies in
Northern Ireland. It requires all plants that are permitted
to enter Great Britain from non-EC countries to be
accompanied by a phytosanitary certificate. This is
essentially a statement that the plants have been
officially inspected in the country of origin, in order to
ensure that they comply with the EC's import requirements
and are free from specified pests and diseases and
substantially free from other harmful organisms. All plants
entering Great Britain are liable to inspection by plant
health inspectors on arrival to ensure that they meet
import requirements and are free from pests and diseases.
The Plant Health Order 1993 gives inspectors powers to
require the destruction, detention, or re-export of plants
which do not meet import requirements or which are carrying
pests and diseases. The legislation also requires many
plants moved within the European Community to be
accompanied by a plant passport. Like the Phytosanitary
certificate, this is an indication of freedom from
specified pests and diseases.
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Responsibilities to control the spread of
invasive non-native plants
16. This Code contains links to guidance on the best
available techniques for control and disposal of invasive
non-native plants that should help to minimise their spread
for use by landowners who decide to undertake their control
and removal. There is currently no statutory obligation to
control or report the location of invasive non-native
plants.
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Assessing the risk of invasive non-native
plants
17. Because of the threat that Japanese knotweed and
giant hogweed pose to native ecosystems, the Wildlife and
Countryside Act 1981 and Nature Conservation (Scotland) Act
2004 make it an offence to plant or cause to grow in the
wild (see paragraph 9 for details). There are also several
other non-native plants not currently listed on Schedule 9
that are invasive and that have become established in the
countryside.
18. Some other non-native plants may not be invasive at
present but have the potential to become so in the future,
for example, as climate change causes conditions which are
more favourable for them. There is also usually a lag phase
before a species becomes invasive. Kowarick (1995)
identified that, on average, there was a time lag of 147
years (170 years for trees and 131 for shrubs) between the
introduction of the species and the initiation of invasion.
Therefore, even in the absence of climate change,
considering the recent rate of introductions into Britain
by the horticultural trade and others, an increased rate of
future invasions can be anticipated. The Scottish Executive
and Defra are funding research into a risk assessment
methodology, with the long term aim of developing a package
that would allow the scientific risk assessment of any
plant or animal. Those plants deemed to pose the highest
potential risk to native wildlife may be placed on Schedule
9 of the Wildlife and Countryside Act in the future.
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Guidelines and Guidance
19. The information below provides sources of guidelines
and good practice that if followed, will help prevent the
spread of invasive non-native plants. This list is not
exhaustive and website links are subject to change.
20. The Working Group on the Horticultural Code of
Practice strongly encourages any organisation or company
involved in selling, planting, or the management and
disposal of plants to ensure that all staff or volunteers
are aware of and comply with the Horticultural Code of
Practice for invasive non-native plants.
Know what you are growing - all users
This section contains guidance for all those engaged in
horticulture and related activities that involved the use
of plants in Great Britain.
21. If you are unsure whether a non-native plant has
invasive qualities, it is good practice to take a
precautionary approach and follow the guidance contained in
this Code to help keep plants "in the garden". It is also
worth giving careful consideration to a non-native plant's
invasive qualities when you exchange plants with friends,
or grow plants from imported seeds. This Code does not deal
with specific information on individual plants. However,
the following organisations' websites contain information
on the biology and identification of plants:
The Environment Agency (for aquatic invasive non-native
species)
http://www.environment-agency.gov.uk/subjects/conservation/840870/840894/840941/?version=1&Iang=_e
The Centre for Aquatic Plant Management (for aquatic
invasive non-native
species)
http://www.rothamsted.bbsrc.ac.uk/pie/JonathanGrp/JonathanInformationSheets.htm
lThe Cornwall Knotweed Forum (for Japanese knotweed)
http://www.cornwall.gov.uk/environment/knotweed/
The Applied Vegetation Dynamics Laboratory (for all
invasive non-native
species)
http://www.appliedvegetationdynamics.co.uk/
The Global Invasive Species Programme (for general
information on invasive
non-native species biology)
http://www.gisp.org/ecology/index.asp?side=3
The Royal Botanic Gardens - Kew (for one of the most
important botanical
reference sources in the world)
http://www.rbgkew.org.uk/library/index.html
Beware of hitch-hiking pests on plants and in
soil -
importers/buyers
This section contains guidance for those involved in the
import of any plants, for example, nurseries, superstores,
garden centres, botanic collections, aquarists.
22. Plant Health Regulations relate to pathogens and
pests and not to potentially invasive plants or seeds
transported unintentionally. It is therefore good practice
to quarantine imported plant material by keeping it well
away and isolated from locally produced plants and those
growing in the wild.
23. There are dedicated websites that clearly explain
the statutory requirements for the importation of
plants:
http://www.scotland.gov.uk/Topics/Agriculture/plant/17937/10774
http://www.defra.gov.uk/planth/impexp.htm
http://www.rhs.org.uk/Learning/research/conservation_and_environment_abroad.asp
24. Topsoil should be free of weeds and all viable
propagules of invasive non-native species, rhizomes, seeds,
corms etc. Always ask for a representative sample and seek
guidance on the source. Inspect on delivery. See British
Standard number 3882 for the Recognition and Classification
of Topsoil (see
http://bsonline.techindex.co.uk
25. The Code of Practice to Prevent the Spread of
Non-indigenous Flatworms, developed between SEERAD and
Defra, can be found at
http://www.defra.gov.uk/planth/pestnote/flat.htm.
The Code is a practical guide to help producers and traders
of nursery stock to detect and thereby to limit the spread
of non-indigenous flatworms, notably the New Zealand
flatworm, Arthurdendyus triangulatus
, and the Australian flatworm, Australoplana
sanguinea.
Know what you are supplying/selling -
suppliers/retailers
This section contains guidance for those involved in the
supply or retail of plants, for example, nurseries,
superstores, garden centres, aquarists.
26. Invasive non-native plants are not good garden or
pond plants. There are usually many alternative plants
better suited to gardens or ponds. Avoid selling non-native
plants that are known to be invasive and are already posing
a threat to native biodiversity. If you continue to sell
invasive non-native plants then as a very minimum ensure
they are clearly and correctly named, labelled and give an
indication of growth rates. Labels on plants should
identify the dangers to the wider environment if these
plants were to escape from gardens or horticultural
premises.
27. There are many pieces of legislation affecting
retailers and retail activities and the requirements change
regularly. The British Retail Consortium publication - A
Retailer's Guide to Legal Compliance - outlines these
requirements and offers retailers guidance about how to
operate them (see
www.brc.org.uk/brctrading/publications_guides.htm).
28. The Trade Descriptions Act 1968 makes it an offence
to apply a false or misleading description to goods.
Descriptions can be given verbally, in writing, by
illustration or by implication. This is a strict liability
offence therefore it is possible for a trader to commit an
offence without intending to do so. Information relating to
the Sale of Goods Act and Trade Descriptions Act can be
found on the Trading Standards Central website (
www.tradingstandards.gov.uk).
The site is supported and maintained by the Trading
Standards Institute (the TSI). It provides a wealth of
information for consumers and businesses, schools, advice
and information centres,community organisations, local
councils, business support agencies and trade
associations.
29. Information on plants which you are advised 'not to
stock' can be found on the websites of the following
organisations:
PlantLife International
(
http://www.plantlife.org.uk/html/influencing_change/influencing_change_campaigns_alien.htm)
The Ornamental and Aquatic Trade Organisation (
www.ornamentalfish.org)
Royal Horticultural Society
(
http://www.rhs.org.uk/Learning/research/Conservation_and_environment_nonnative.asp)
Gardening Which?
(
http://www.which.net/gardeningwhich/campaigns/aiplants.html)
Label plants clearly and accurately -
suppliers/retailers
This section contains guidance for those involved in the
supply or retail of plants, for example, horticulturalists,
nurseries, garden centres, aquarists, voluntary
organisations.
30. Invasive non-native plants are not good garden or
pond plants, they are invasive in gardens as well as the
countryside. These plants tend to require high maintenance
within the garden and generate copious waste that must be
disposed of with care. There are usually many alternative
plants better suited to gardens or ponds. Where potentially
invasive non-native plants are sold, ensure they are
clearly and correctly named, labelled and give an
indication of growth rates. Labels on plants should
identify the dangers to the wider environment if these
plants should escape from gardens. Information relating to
the Sale of Goods Act and Trade Descriptions Act can be
found on the Trading Standards Central website (
www.tradingstandards.gov.uk).
Always use the correct Latin genus and species name in
conjunction with the common name to avoid confusion. If you
are not certain of the correct Latin name you should not be
selling the plant. If you are unsure what the plant is do
not sell it.
31. Information about the Horticultural Trades
Association voluntary Code of Practice on labelling of
plants can be found at
www.the-hta.org.uk
(members only can access this voluntary Code, non-members
should email
info@the-hta.org.uk
with enquiries about the plant labelling Code).
Know what you are specifying - landscape
architects, garden
designers, design engineers, tutors, authors
and publishers
of gardening books
This section contains guidance for those identifying
species to be used in planting schemes, for example
landscape architects, garden designers, design engineers,
landscape and garden course tutors, authors and publishers
of gardening books.
32. Do not specify invasive non-native plants. Always
use the correct Latin genus and species name in conjunction
with the common name to avoid confusion. Be aware of the
current lists of plants considered to be problematic or
invasive (see paragraph 25). Consider revising or
withdrawing old publications encouraging the use of
invasives such as Azolla filiculoides and Crassula
helmsii.
The Royal Botanic Gardens - Kew
www.rbgkew.org.uk/uhtbin/cgisirsi/BG64e6YsOE/177130033/123
The Royal Horticultural Society
www.rhs.org.uk/rhsplantfinder/plantnaming.asp
Dispose of plant waste responsibly - never
fly-tip in the
countryside - all users
This section contains guidance for those responsible for
the disposal of garden or horticultural waste, for example,
gardeners, botanic collections, landscape architects,
garden designers, allotment holders, local authorities,
garden contractors, developers.
33. Plant material should never be disposed of in the
countryside or even over the garden fence. Much can be
composted or taken to municipal recycling centres. Remember
that controlled waste (see paragraph 13) must be disposed
of in accordance with Section 33 of the Environmental
Protection Act 1990, which applies to both commercial and
domestic waste producers.
34. Section 34 of the Environmental Protection Act 1990
places a duty of care on all non-domestic waste producers
to ensure that any wastes are disposed of safely and that a
written description of the wastes and any specific harmful
properties is provided to the site operator. A Duty of Care
Code of Practice is available from
www.defra.gov.uk/environment/waste/management/doc/index.htm.
Soil and waste containing any invasive non-native weed is
deemed to have the potential to cause ecological harm and
therefore does not qualify for exemption of Section 34 of
the Environment Protection Act 1990. Further information on
waste regulations can be found on
www.environment-agency.gov.uk/netregs.
35. Some weeds should not be composted for example,
Japanese knotweed. Advice about the disposal of Japanese
knotweed, including a Code of Practice for its management,
destruction and disposal on development sites and sites of
production, is available from
www.environment-agency.gov.uk
and
www.sepa.org.uk. For
information on whether you can burn garden waste in your
area contact your local authority; to find contact details
for your area, see the Direct Government website at
www.direct.gov.uk.
36. Advice on composting can be found on the following
organisations websites:
The Ornamental and Aquatic Trade Association (for
aquatic plants)
(
www.ornamentalfish.org/aquanautconservation/invasiveplants.php)
The Royal Horticultural Society (for practicalities of
composting for gardeners)
(
www.rhs.org.uk/advice/profiles0903/compost_heap.asp)
The Composting Association (
www.compost.org.uk
)
The Soil Association (
www.soilassociation.org.uk)
The Waste and Resources Action Programme
(
http://www.wrap.org.uk/materials/organics/compost_specifications/index.html)
Henry Doubleday Research Association (
www.hdra.org.uk)
Know what you are buying -
consumer/end-user
This section contains guidance for all those buying
plants, for example, gardeners, landscape architects,
garden designers, garden contractors, local
authorities.
37. Avoid using plants or seeds known to be invasive,
consider alternatives and when using native plants, use
those of local origin from certified sources where
available. (See Flora Locale's Guidance Note "Planting with
wildlife in mind: An overview of issues concerning the
sourcing and use of native plants" at
www.floralocale.org)
It is also worth giving serious consideration to a
non-native plant's invasive qualities when you exchange
plants with friends so that you don't pass the problem on.
Check all plants supplied against specifications - it is
important to ensure when buying plants that you get what
you ask for.
Take advice on best control techniques - all
users
This section contains guidance for those wanting to
control invasive non-native plants, for example, gardeners,
local authorities, garden contractors, landscape
architects, garden designers, voluntary organisations,
other land managers.
38. Invasive plants can be difficult to control but
timely action will reduce the scale of the task. With
species like Buddleia, that spread by seed, deadheading
immediately after flowering will reduce the problem. For
plants with strong rhizome systems use root barrier fabrics
to contain their spread. Gardeners have access to a limited
range of effective herbicides compared with professional
contractors. For guidance on how to find a contractor
see
www.rhs.org.uk/advice/profiles0203/contractors.asp.
39. For information on the best available control
techniques for invasive non-native species see:
The Environment Agency
(
http://www.environment-agency.gov.uk/subjects/conservation/840870/840894/840941/?version=1&lang=_e)
The Centre for Aquatic Plant Management
(
http://www.rothamsted.bbsrc.ac.uk/pie/JonathanGrp/JonathanInformationSheets.html)
The Royal Horticultural Society
(
www.rhs.org.uk/advice/profiles0604/japanese_knotweed.asp)
Be aware of relevant legislation - all
users
This section contains guidance on legislation for
everyone who uses plants.
40. Legislation regarding non-native plants and their
safe control and disposal should be followed at all times.
Further details on EU and GB plant health legislation can
be found on the Defra website,
www.defra.gov.uk/planth/ph.htm.
41. For information on Section 14 of the Wildlife and
Countryside Act 1981, and how this has been affected by the
provisions introduced by the Nature Conservation (Scotland)
Act 2004, contact the Scottish Executive. For queries in
England and Wales contact Defra or the Welsh Assembly
Government (see Annex A for contact details.)
42. The Wildlife and Countryside Act 1981 (as amended)
is not available as a consolidated document electronically
from The Stationery Office website. Paper copies and
Statutory Instruments amending the Wildlife and Countryside
Act 1981 are available from The Stationery Office (
www.tso.co.uk).
43. For information on The Weeds Act 1959, see
http://www.scotland.gov.uk/Topics/Agriculture/Environment/Agrienvironment/RuralSteward
/RSSguidance/RSSpart4a/RSSweeds
www.Defra.gov.uk/environ/weedsact/default.htm.
44. For the Ragwort Control Act 2003, or the Environment
Protection Act 1990 see
www.tso.co.uk.
Control invasive non-native plants safely - all
users
This section contains guidance on health and safety and
environmental safety for those wanting to control problem
plants, for example, gardeners, landscape architects,
garden contractors, local authorities.
45. Care should be taken when using herbicides and
machinery. The use of herbicides near water is illegal,
unless you are properly qualified. There is a requirement
to consult the Scottish Environmental Protection Agency, or
the Environment Agency (in England and Wales). Guidance for
the control of invasive weeds in or near fresh water can be
found on the Environment Agency website at
http://www.environment-agency.gov.uk/commondata/105385/booklet_895604.pdf.
46. Manufacturers instructions and recommendations on
mixing and use of herbicides must always be followed. It is
a statutory requirement under the Control of Pesticide
Regulations (1986) that the instructions on the container
label are followed when using any approved herbicide.
47. Only herbicides and uses approved under the Control
of Pesticides Regulations 1986 (as amended) or the Plant
Protection Products Regulations can legally be sold,
supplied, stored, advertised and used. Current lists of
approved products can be found on the Pesticides Safety
Directorate website at
www.pesticides.gov.uk.
The range of pesticides available to the amateur gardener
is limited, however, the guidance above on safe use
applies.
48. Further information on undertaking a Control of
Substances Hazardous to Health (COSHH) assessment can be
found at
http://www.coshh-essentials.org.uk/.
General information relating to Health and Safety can be
found on the Health and Safety Executive website
www.hse.gov.uk.
49. Many species of plants are not toxic to humans,
although care should always be taken to check toxicity
before handling plants. The sap of giant hogweed (Heracleum
mantegazzianum) is known to contain a toxic chemical that
sensitises the skin and can lead to severe blistering when
exposed to sunlight. The following websites give guidance
on the precautions that should be taken when controlling
this plant,
www.environment-agency.gov.uk
and
www.capm.org.uk.
50. Information on poisonous plants can be found
from:
The Royal Botanic Gardens - Kew
www.rbgkew.org.uk/scihort/nightshade.html
The Royal Horticulture Society
www.rhs.org.uk/conservation/conservation_and_environment_harmful.asp
The Horticultural Trade Association
www.the-hta.org (members
only can access information on poisonous plants).
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The Working Group on the Horticultural Code of
Practice
51. In 2001, recognising concerns that present
arrangements for handling issues relating to non-native
species were insufficient, Defra commissioned a Review of
Non-native Species Policy. A range of organisations was
represented on the working group, and its report was
published in March 2003 (
www.defra.gov.uk/wildlife-countryside/resprog/findings/non-native/index.htm).
The report contained eight key recommendations, one of
which, was to "Develop codes of conduct to help prevent
introductions for all relevant sectors in a participative
fashion involving all relevant stakeholders".
52. In its response to the Review report, the
Government, endorsed the importance of measures to prevent
further unwanted introductions of non-native species and
considered the development of codes of practice as a
sensible and proportionate way to proceed.
53. The use of non-native species in horticulture is
widely recognised as an introductory pathway, and one where
there is no blanket prohibition on introductions into the
wild (as there is for animals, for example). Good practice
therefore has the potential to deliver significant benefits
in terms of preventing introduction and spread of
non-native plants, where these are likely to cause
problems. There has been increasing awareness of the issue
in the horticultural sector and an indication from a number
of organisations that they would support codes of practice.
The Government decided to initiate discussions with the
horticulture industry and relevant interests with a view to
developing and piloting a code of practice for the
horticulture industry, aimed at encouraging best practice
and avoiding unwanted introductions.
54. The working group is comprised of the Scottish
Executive, Defra, the Welsh Assembly Government, Gardening
Which?, the Garden Centres Association, the Horticultural
Trades Association, the Royal Horticultural Society, the
National Trust, the Ornamental and Aquatic Trades
Association, Plantlife International, and the Royal Botanic
Gardens (Kew).
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Arrangements for monitoring and evaluating the
Code
55. We would welcome any suggestions for improving this
code of practice.
56. New information or research on invasive non-native
species may justify a review of this Code.
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Glossary
BALI British Association of Landscape Industries
CAPM Centre for Aquatic Plant Management
CBD Convention on Biological Diversity
Defra Department for Environment, Food and Rural
Affairs
EC European Community
EU European Union
HTA Horticultural Trades Association
ILAM Institute of Leisure and Amenity Management
LI Landscape Institute
NFU National Farmers Union
OATA Ornamental and Aquatic Trade Association
RBG Royal Botanic Gardens
RHS Royal Horticultural Society
SE The Scottish Executive
SEERAD Scottish Executive Environment and Rural Affairs
Department
SEPA The Scottish Environment Protection Agency
TSO The Stationery Office
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Annex A
Contact details for Government
Departments/Agencies and other
Statutory Authorities
Scottish Executive
Victoria Quay
Edinburgh EH6 6QQ
Enquiry Line: +44 (0)8457 7 41741(local call rate within
UK)
Email (enquiries) : ceu@scotland.gov.uk
www.scotland.gov.uk
Department for Environment Food and Rural Affairs
Nobel House
17 Smith Square
London
SW1P 3JR
Defra Helpline by telephone on 08459 33 55 77 or by
email at helpline@defra.gsi.gov.uk
www.defra.gov.uk
Welsh Assembly Government
Cathays Park
Cardiff CF10 3NQ
Tel: 029 20 825111
www.wales.gov.uk
The Environment Agency
Telephone enquiries: 08708 506 506
www.environment-agency.gov.uk
Scottish Environment Protection Agency
Erskine Court
Castle Business Park
Stirling
FK9 4TR
Tel: 01786 457700
www.sepa.org.uk
The Health and Safety Executive
HSE Infoline
Caerphilly Business Park
Caerphilly, CF83 3GG
Telephone 08701 545500
Email hseinformationservices@natbrit.com
www.hse.gov.uk
Pesticides Safety Directorate
Mallard House
Kings Pool
3 Peasholme Green
York
YO1 2PX
Information Services Team on +44 (0)1904 455775.
www.pesticides.gov.uk
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Annex B
Contact details for horticultural
organisations
The Garden Centre Association
19 High Street,
Theale,
RG7 5AH
Tel: 0118 932 3360
Email: info@gca.org.uk
www.gca.org.uk
The Horticultural Trades Association
Horticulture House,
19 High Street,
Theale,
RG7 5AH
Tel: 0118 930 3132
Email: info@the-hta.org.uk
www.the-hta.org.uk
National Farmers' Union Scotland
Head Office
Rural Centre - West Mains
Ingliston
Midlothian
EH28 8LT
Tel: 0131 472 4000
E-mail:
webmaster@nfus.org.uk
www.nfus.org.uk
National Farmers' Union
Agriculture House
164 Shaftesbury Avenue
London
WC2H 8HL
Tel: 020 7331 7200
Email: nfu@nfuonline.com
www.nfu.org.uk
Ornamental and Aquatic Trades Association (OATA)
Wessex House
40 Station Road
Westbury
Wiltshire
BA13 3JN
Tel: 0870 0434013
Email: info@ornamentalfish.org
www.ornamentalfish.org
The Royal Horticultural Society
80 Vincent Square
London
SW1P 2PE
Telephone 020 7834 4333
Email:info@rhs.org.uk
www.rhs.org.uk
Royal Botanic Garden Edinburgh
20A Inverleith Row
Edinburgh
EH3 5LR
United Kingdom
Tel: 0131 552 7171
See website for contact details
www.rbge.org.uk
Royal Botanic Gardens - Kew
Richmond
Surrey
TW9 3AB
020 8332 5000
info@kew.org
www.rbgkew.org.uk
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Annex C
Sources of any other technical advice for
gardeners and landscapers on
invasive non-native species
The Joint Committee for Landscape Industries is a
technical committee and currently has representatives from
the HTA, NFU, BALI, ILAM, The Landscape Institute, The
Institute of Chartered Foresters and the Arboriculture
Association. It has recently been restructured, meets four
times a year and previously has been responsible for a
number of guidelines that refer to plants in terms of
handling.
www.the-hta.org.uk
www.nfu.org.uk
www.bali.co.uk
www.Ilam.co.uk
www.l-i.org.uk
www.charteredforesters.org
www.trees.org.uk
Japanese knotweed
www.cornwall.gov.uk/environment/knotweed
http://www.cabi-bioscience.org/html/japanese_knotweed_alliance.htm
www.capm.org.uk
Ponds
The Ponds Conservation Trust is a registered charity
with a board of trustees, management committee and
full-time staff. Trustees and committee members are
appointed from the member and supporting organisations.
They can offer pond conservation information and guidance
through training courses, publications, lectures,
demonstration ponds and their website.
www.pondstrust.org.uk
For guidance within Scotland on Ponds, Pools and
Lochans
www.sepa.org.uk/guidance/hei/guidance.htm
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Annex D
Extract from Section 14B of Wildlife and
Countryside Act 1981
14B Guidance: non-native species
(1) The Scottish Ministers may issue guidance (or
approve guidance issued by others) for the purpose of
providing persons with recommendations, advice and
information regarding-
(a) any animal of a type mentioned in subsection (1) or
(1A) of section 14,
(b) any plant of a type mentioned in subsection (2) of
that section or specified in an order under section
14A(1)(b)(i),
and may issue revisions of any guidance issued by them
(or approve revisions of guidance issued by others).
(2) A person who fails to comply with any guidance
issued or approved under subsection (1) is not by reason
only of that failure liable in any criminal or civil
proceedings.
(3) But any such guidance is admissible in evidence in
such proceedings and a court may take account of any
failure to comply with it in determining any questions in
the proceedings.
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Annex E
References
Defra (2003) Review of non-native species policy, report
of the working group.
(
www.defra.gov.uk/wildlife-countryside/resprog/findings/non-native/index.htm)
Kowarick, I. 1995. Time lags in biological invasions
with regard to the success
and failure of alien species. pp15-38 in Pysek, P.K.,
Prach, M. Rejmarek and
P M Wade (eds) Plant invasions: General aspects and
special problems.
SPB Academic Publishing, Amsterdam.
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[1] The text of section 14B is reproduced in Annex
D for ease of reference.
[2] Invasive non-native species means a species
introduced by human action outside its natural past or
present distribution and whose introduction and/or
spread threatens biological diversity. (Working
Group report on Review of Non-native Species Policy.
Defra. 2003)
[3] Extract from Working Group Report on Review of
Non-native Species. Defra. 2003.
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