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Changes in the law

 

 

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Changes in the law


Creosote and creosote treated wood

The Creosote (Prohibition on Use and Marketing) (No.2) Regulations 2003, implementing Directive 2001/90/EC on marketing and use of creosote, has now been published and came into force on 30 June 2003.

The above regulations replace the earlier Creosote (Prohibition on the Use and Marketing) Regs 2003 (SI
2003/721).

Put simply, they amend a loophole which inadvertantly crept into the old regulations. It was an offence to supply to a consumer 'creosote'. This meant that a private consumer could not buy 'creosote' but there are provisions in the regulations which permit its supply to
a 'professional' under certain circumstances.

This in effect permitted someone who was a 'professional' eg landscape gardener/ handyperson etc to purchase 'creosote' for use in the course of their professional activities.

In essence this would permit creosote to be supplied to a private consumer by way of use in their garden etc.
This was not what was intended, therefore this has been amended so that professional use is restricted to use in workplace situations controlled by health and safety law.

Wood so treated may not be used in certain situations including inside any buildings, in toys or in playgrounds. Similar restrictions apply to wood treated before 30 June 2003.

Contravention of the regulations is a criminal offence.

Further information is available from a DTI factsheet :

Creosote and creosote treated wood

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