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Grace periods for plant protection products: leftovers and disposal

When an authorisation ends, 6 months of sale and 18 months of use usually apply. How to check periods, store leftovers and dispose of expired products.

PhytAI editorial teamPublished 6 min read

Key points

  • Rule: when an authorisation ends, the product may usually still be sold for 6 months and used for up to 18 months in total after the end of authorisation (Article 46 of Regulation (EC) No 1107/2009).
  • Exception: if an authorisation is withdrawn for reasons of health or environmental protection, there are no grace periods.
  • Decisive: the period set by the BVL for the specific product, available in the BVL online database and overview list.
  • After expiry: products with an active substance no longer approved and an expired use-up period must be disposed of without delay and properly under section 15 of the Plant Protection Act (PflSchG).
  • Until disposal: label them and store them visibly separated.
  • Empty packaging: return it free of charge through the PAMIRA take-back scheme.

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Every year authorisations of plant protection products end, because active substances are not renewed, manufacturers do not extend authorisations, or the Federal Office of Consumer Protection and Food Safety (BVL) withdraws them. Many stores then still hold opened containers. The questions are: how long may I still use the product, how do I store it until then, and what happens afterwards? In autumn, when stores are tidied and products for next season are ordered, it pays to check the periods. This article explains the rules in Germany and shows how to handle leftovers properly.

Sale period and use-up period

Article 46 of Regulation (EC) No 1107/2009 allows a grace period for sale and distribution and a grace period for disposal, storage and use of existing stocks to be set when an authorisation is withdrawn or not renewed. According to the Bavarian State Research Center for Agriculture (LfL), the sale period is at most 6 months and the use-up period at most 18 months from the end of authorisation, i.e. 6 months of sale plus 12 further months of use.

The LfL gives an example: if an authorisation ends on 31 December 2023, the product may be sold until 30 June 2024 and used until 30 June 2025.

The exception matters: if the authorisation is withdrawn to protect human or animal health or the environment, no grace periods are granted. The product may then be neither sold nor used.

Where to find the periods

The periods are not general but are set per product. The BVL publishes them:

  • in the online database of plant protection products, which also lists ended authorisations with sale and use-up periods
  • in the overview list of authorised plant protection products; the conditionality brochure of the Chamber of Agriculture of North Rhine-Westphalia refers to the chapter on ended authorisations with use-up periods and disposal obligations

Check each product in your store individually. One trade name can have several authorisation numbers, and parallel imports have their own entries.

Use within the use-up period

Within the use-up period, too, the product may only be used as it was authorised: for the authorised crops, with the set application rates, pre-harvest intervals and conditions of use. The application is recorded like any other, with the authorisation number. A note that the application took place within the use-up period is helpful. Which details belong in the record is described in Plant protection records: required fields.

Plan leftovers deliberately. A product whose use-up period ends in spring often cannot be used sensibly in autumn. It is better to check the remaining authorisation period when buying and not to build up large stocks shortly before an authorisation ends.

After expiry: duty to dispose

Under section 15 of the Plant Protection Act, plant protection products containing an active substance whose approval was not renewed or was withdrawn and whose use-up period has expired, as well as prohibited products, must be disposed of without delay and properly under the provisions of the Circular Economy Act. Without delay means without culpable hesitation.

The 2026 conditionality brochure of the Chamber of Agriculture of North Rhine-Westphalia adds: if proper disposal was not yet possible at the time of an inspection, products awaiting disposal must be labelled and stored visibly separated until the disposal date. This also applies to products whose use-up period has expired for other reasons.

How to dispose

The plant protection service of Brandenburg names several routes:

  • licensed waste disposal companies
  • collection campaigns by the German agrochemical industry association (Industrieverband Agrar)
  • municipal collection points of the districts
  • mobile hazardous waste collection for small quantities

Cleaned, empty plant protection packaging can be returned free of charge at numerous collection points through the PAMIRA initiative. The plant protection service advises tidying the plant protection product store regularly.

Requirements for the store

Conditionality inspections also look at the store. According to the brochure of the Chamber of Agriculture of North Rhine-Westphalia:

  • secured against unauthorised access, for example a lockable room or cabinet
  • original containers with intact, legible labels
  • dry and frost-free
  • secured against run-off and seepage, for example with a drip tray or a suitable floor coating without a direct drain
  • sufficient ventilation in walk-in stores
  • separate from food and feed

Common mistakes

  • product used up "quickly" after the use-up period expired
  • period assumed from memory instead of checked in the database
  • withdrawn product without a grace period treated like one being phased out
  • expired containers on the shelf between valid products
  • leftovers decanted, label no longer legible
  • empty containers put in household waste instead of returned through PAMIRA

How to proceed on the farm

  1. Take stock: record every product with authorisation number and quantity.
  2. Check periods: look up end of authorisation, sale and use-up periods in the BVL database.
  3. Plan leftovers: use products within the period where it makes agronomic sense.
  4. Sort out: label products after expiry and store them separately.
  5. Dispose: book a slot with a collection campaign or disposal company and keep the receipt.

Use-up periods in PhytAI

PhytAI takes over the BVL register with end of authorisation and use-up period. When a plant protection application is recorded, PhytAI checks the application date against these details: if it falls after the end of authorisation but within the use-up period, a notice shows both dates; if the use-up period has also expired, the application is clearly flagged. The record itself remains the farm's responsibility, and the BVL's details are decisive.

Frequently asked questions

May I still buy a product during the use-up period? Only while the sale period runs, usually 6 months after the end of authorisation.

Does the use-up period also apply to contractors? The period refers to the product, not the user. A contractor may also only use the product within the period.

What does disposal cost? That depends on the disposal route. Ask your district, your dealer about collection campaigns, or a disposal company.

Sources

This article reflects the situation on the date shown, based on the sources named, and is not legal advice. Laws, approvals, official decisions and the guidance of the competent authorities prevail.

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