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News Crop protection

Judge forces farmer to stop spraying

June 13, 2023 - Niels van der Boom - 19 comments

The judge orders a lily grower to immediately stop carrying out chemical crop protection on a plot in Dwingeloo in Drenthe. At the end of May, local residents of the lilies plot filed a lawsuit about this. Despite the fact that the grower took extra steps to ensure that his spraying was carried out safely, a health risk cannot be ruled out, according to the court.

De judgment of the court of appeals is not just a slap in the face to the agricultural entrepreneur. He follows – as his lawyer explained in court – all the requirements that apply to the implementation of crop protection. In addition, the company has already made agreements with the municipality of Westerveld, which includes Dwingeloo, to deal with spraying even more precisely. Last winter, the entrepreneur invested in a four-tonne drift reduction system, but the local residents have no interest in that.

Precedent setting
Agricultural entrepreneurs are afraid that the court ruling could set a precedent for similar situations elsewhere in Drenthe and the Netherlands. Lily growers and people living near plots – especially in the municipality of Westerveld – have been at odds for years about the use of plant protection products on the crop. According to the court, health now weighs more heavily than the economic situation of lily cultivation. The court bases its ruling on research into a link between plant protection products and diseases such as Parkinson's, Alzheimer's and ALS.

It is not the first time that a judiciary has intervened in the use of plant protection products. Three years ago, the Brabant municipality of Gilze en Rijen was reprimanded for applying a glyphosate ban on leased land. That rule first became illegal explained, but another judge eventually ruled that this allowed. In a liberalized lease contract of one to three years, a lessor may now include that certain agents - such as glyphosate - may not be used.

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Niels van der Boom

Niels van der Boom is a senior market specialist for arable crops at DCA Market Intelligence. He mainly makes analyses and market updates about the potato market. In columns he shares his sharp view on the arable sector and technology.

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Comments
19 comments
Subscriber
Jan June 13, 2023
This is in response to it Boerenbusiness article:
[url = https: // www.boerenbusiness.nl/akkerbouw/artikel/10904602/rechter-forces-farmer-to-stop-with-spraying]Judge forces farmer to stop spraying[/url]
Who is in charge here in the Netherlands now, the political or judicial night will lead to many more restrictions.
Subscriber
Drent June 13, 2023
strange story, farmer complies with the law and the judge does not follow the law but uses his own findings. Always thought you had to follow the law, guess I'll be ok but become a judge then I can make my own rules.
Subscriber
brrr June 13, 2023
Where is this going? The red and green emotions rule.
Subscriber
Zeeuw June 13, 2023
Jan you are absolutely right: who is the boss in the Netherlands? The Council of State also worked with the precautionary principle in the N problem. Now a judge in crop protection. This requires steps from the sector. Point 1 on appeal the question is the legislation with careful implementation the measure? Point 4 : as a lily grower I would look at the need for plant protection in making local residents liable for loss of income! Point 2 I would carry out several sprays if only with water, it is still dry, and then it is a precautionary principle against drought damage!
Subscriber
peter b June 13, 2023
This grower must appeal. I can't imagine that they think the same way at court.
Subscriber
Noord June 13, 2023
This is totally ridiculous. That's not how our rule of law works. That judge has no leg to stand on, why else do we have the CTGB???
Subscriber
Jurriaan June 13, 2023
The precautionary principle is the bankruptcy of the rule of law. Nothing is 100 percent certain in life, except that you will die. That means that the judge will prohibit everything, because there is a chance that something will not work.

Incidentally, I think this is about spraying at houses and not at pieces further away
Subscriber
gerard June 13, 2023
now lily cultivation is a major user of resources
but these resources are permitted by law and you can spray these resources
is probably a green judge who wants to prove himself .judge takes the legislature's seat
Subscriber
my June 13, 2023
would like to read the statement. post the news. it may also be that it is only for lily cultivation
Subscriber
frog June 13, 2023
Let's hope for Ridouan Taghi that he gets the same judge.
Subscriber
Skirt June 13, 2023
Precedent effect of this can have very far-reaching consequences for plots near buildings or, for example, bicycle paths.
west Brabant June 13, 2023
So that's all the roads in the outlying area of ​​Kjol, then the field edges are just the beginning.
Subscriber
smith June 13, 2023
I miss the source with the concrete statement'
. Summary proceedings sound like a private law route. It would be provisional provision through administrative law.
Subscriber
gerard June 13, 2023
The court bases its ruling on research into a link between plant protection products and diseases such as Parkinson's, Alzheimer's and ALS.
that way I can also ban the car gives 700 deaths a year and then there are the people with fine dust
Subscriber
Editorial office June 13, 2023
The link to the judgment has been added to the article and can also be found here: https://uitspraken.rechtspraak.nl/#!/details?id=ECLI:NL:RBNNE:2023:2333
Subscriber
Ruud June 13, 2023
Judges are lefties
Subscriber
Zeeuw June 13, 2023
It really is time for an appeal. If that doesn't yield any results. Ie that judges stand above the law with the smart tricks "precautionary principle" then the fence of the dam. This means that the precautionary principle must then be applied to the judiciary . Start with addresses via the RVO. Okay!!!!!!!
Subscriber
Term June 14, 2023
With that precautionary principle you can also close Schiphol. You can never 100% rule out that you won't get a plane on your head.
If this statement stands, it would really mean the end for the entire food supply.
Subscriber
Zeeuw June 15, 2023
If their extralegal status turns out like this, I advocate the Trump approach. Judges do what BBB will prescribe as the largest party. If not then it will be your own judge because that vegan club will not decide!!!
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