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Scottish Statutory Instruments

2000 No. 22

AGRICULTURE

PESTICIDES

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000

Made

31st January 2000

Coming into force

1st February 2000

The Scottish Ministers, in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972M1 and by section 16(2) of the Food and Environment Protection Act 1985M2, and of all other powers enabling them in that behalf, after consultation in accordance with section 16(9) of the said Act of 1985 with the Advisory Committee on Pesticides established under section 16(7) of that ActM3, hereby make the following Regulations, a draft of which has been laid before and approved by resolution of the Scottish Parliament:

Marginal Citations

M11972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

M21985 c.48; see section 24(1) for a definition of “the Ministers" and section 24(3) on the exercise of the power conferred by section 16. Section 16 was amended by the Pesticides (Fees and Enforcement) Act 1989 (c.27), section 1(2) and by the Pesticides Act 1998 (c.26), section 1. The functions of “the Ministers" were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

M3Established by S.I. 1985/1516.

Citation, commencement and extentS

1.—(1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 and shall come into force on 1st February 2000.

(2) These Regulations extend to Scotland only.

InterpretationS

2.—(1) In these Regulations–

(2) The words and expressions “dried", “processed", “composite food", “drying" and “processing", when used either in regulation 4 or in paragraphs (d) and (e) of regulation 6 shall have the same meaning as when used in the Residues Directives and any related expressions shall be construed accordingly.

(3) Any reference in these Regulations to a pesticide residue is a reference to the substance named in column 2 of Schedule 1 opposite the pesticide named in column 1 of that Schedule from which, or from the metabolites and breakdown or reaction products of which, it can be derived.

(4) Any reference in these Regulations to a numbered Schedule or regulation shall be construed as a reference to the Schedule or, as the case may be, regulation so numbered in these Regulations.

(5) Any reference in any Schedule to these Regulations to any product, figure or pesticide includes any qualifying words relating to that product, figure or pesticide in that Schedule.

Marginal Citations

M4O.J. No. L1, 3.1.94, p.3.

M5O.J. No. L1, 3.1.94, p.572.

M6O.J. No. L221, 7.8.86, p.37.

M7O.J. No. L126, 20.5.88, p.53.

M8O.J. No. L353, 17.12.90, p.48.

M9O.J. No. L211, 23.8.93, p.1.

M10O.J. No. L189, 23.7.94, p.67.

M11O.J. No. L197, 22.8.95, p.29.

M12O.J. No. L144, 18.6.96, p.35.

M13O.J. No. L184, 12.7.97, p.33.

M14O.J. No. L347, 18.12.97, p.42.

M15O.J. No. L290, 29.10.98, p.25.

M16O.J. No. L172, 8.7.99, p.40.

M17O.J. No. L194, 27.7.99, p.36.

M18O.J. No. L221, 7.8.86, p.43.

M19O.J. No. L350, 14.12.90, p.71.

M20O.J. No. L211, 23.8.93, p.6.

M21O.J. No. L189, 23.7.94, p.70.

M22O.J. No. L197, 22.8.95, p.14.

M23O.J. No. L292, 7.12.95, p.27.

M24O.J. No. L144, 18.6.96, p.12.

Maximum residue levelsS

3.  The maximum level of any pesticide residue which may be left in any product named in Part I of Schedule 2 shall be the number of milligrams of the pesticide residue per kilogram of the product (if any) specified opposite the name of that product under the name of the pesticide concerned.

4.—(1) No person shall put into circulation any product named in Part 2 of Schedule 2 which contains a level of pesticide residue greater than the number of milligrams of that pesticide residue per kilogram of the product (if any) specified opposite the name of that product under the name of the pesticide concerned.

(2) Subject to the provisions of regulation 6, the provisions of this regulation shall apply–

(a)to any products which after drying or processing are obtained from any of the products named in Part 2 of Schedule 2; and

(b)to any composite foods which include any of the products named in that Part of that Schedule,

notwithstanding that no maximum permitted level has been expressly specified therein for the amount of pesticide residue which may be contained in that dried or processed product or composite food.

(3) Any person who, without reasonable excuse, contravenes or causes or permits any other person to contravene any provision of this regulation shall be guilty of an offence, and shall be liable–

(a)on summary conviction, to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine.

(4) In any proceedings for an offence under this regulation, it is a defence for the person charged to prove that when the product in question was put into circulation–

(a)it was so put with the intention of its being exported to a country which is not an EEA State and the offence was caused by a treatment applied to that product being a treatment–

(i)required by the country of destination in order to prevent the introduction of harmful organisms into its territory; or

(ii)necessary to protect the product from harmful organisms during transport to the country of destination and storage there, or

(b)it was so put with the intention that–

(i)it be used in the manufacture of things other than foodstuffs and animal feed; or

(ii)it be used for sowing or planting.

(5) Sections 19 and 22 of, and Schedule 2 to, the Food and Environment Protection Act 1985 shall apply for the purposes of this regulation as they apply for the purposes of that Act taking references therein to that Act or any Part of it to be references to this regulation.

(6) In paragraph (4)(a) “country which is not an EEA state" does not include any part of the United Kingdom.

Seizure or disposal of crops, food or feeding stuffsS

5.  If any product contains a level of pesticide residue above that permitted under either regulations 3 or 4(1), the Scottish Ministers shall have the power–

(a)to seize or dispose of the consignment containing that product, or any part of it, or to require that some other person shall dispose of it, or

(b)to direct some other person to take such remedial action as appears to the Scottish Ministers to be necessary.

Sampling and analysisS

6.  In determining for the purposes of regulations 3 or 4(1) whether the level of pesticide residue left or contained in any product exceeds the maximum permitted–

(a)the whole or such part only of that product shall, so far as is practicable, be taken into account as specified in column 3 of Schedule 3 opposite the name of that product in column 2 of that Schedule;

(b)the procedure laid down in the Codex Recommended Method of Sampling for the Determination of Pesticide Residues M25 shall so far as is practicable be followed;

(c)in the case of any product named in paragraphs 3, 4, or 5 of Part 1 of Schedule 2 which has been dried, that Part of that Schedule shall have effect as if for the number of milligrams of each pesticide residue specified opposite the name of that product there were substituted that number of milligrams divided by the fraction of 1 kilogram to which 1 kilogram of the product is reduced by the drying process;

(d)in the case of any product named in Part 2 of Schedule 2 which has been dried or processed, that Part of that Schedule shall have effect where no such maximum permitted level of pesticide residue is specified therein for the product in its dried or processed form as if the maximum permitted level of pesticide residue specified opposite the name of the product in that Part of that Schedule has been modified to take account of the concentration of the product caused by the drying process or, as the case may be, the dilution or concentration of the product caused by the processing; and

(e)in a case where two or more products have been mixed to form a single composite food in relation to which no such maximum permitted levels are specified in Part 2 of Schedule 2, that Part of that Schedule shall have effect as if such maximum permitted levels had been specified in relation to that composite food for each of the pesticide residues which are specified therein opposite the names of each of the products which have been mixed to form the composite food, taking into account–

(i)the relative concentrations of each of the constituent products in the mixture; and

(ii)the provisions of paragraph (d) above.

Marginal Citations

M25Food and Agriculture Organisation of the United Nations and World Health Organisation Joint Food Standards Programme Codex Alimentarius Commission, Recommended Method of Sampling for the Determination of Pesticides Residues,Volume 2 Section 3 Codex Alimentarius, 1993

RevocationsS

7.  The Regulations specified in Schedule 4 are hereby revoked.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

31st January 2000

Regulation 2

SCHEDULE 1S

Column 1Column 2
PesticideResidues
AcephateAcephate
Aldrin & Dieldrinsingly or combined, expressed as dieldrin (HEOD)
2-Aminobutane2-aminobutane
AminotriazoleAminotriazole
AtrazineAtrazine
Azinphos-methylazinphos-methyl
BenalaxylBenalaxyl
BenfuracarbBenfuracarb
BinapacrylBinapacryl
BiphenthrinBiphenthrin
BitertanolBitertanol
Bromophos-ethylbromophos-ethyl
Camphechlor (Toxaphene)camphechlor (toxaphene)
CaptafolCaptafol
CaptanCaptan
CarbarylCarbaryl
Carbendazim, Benomyl and Thiophanate-methylcarbendazim, benomyl and thiophanate-methyl (expressed as carbendazim)
Carbon disulphidecarbon disulphide
Carbon Tetrachloridecarbon tetrachloride
Carbofuransum of carbofuran and 3-hydroxy-carbofuran, expressed as carbofuran
Carbophenothionsum of carbophenothion, its sulphoxide and its sulphone, expressed as carbophenothion
CarbosulfanCarbosulfan
CartapCartap
Chlordane

(1)for products of animal origin: sum ofcis- andtrans-isomers and oxychlordane expressed as chlordane;

(2)for cereals, fruit and vegetables: sum ofcis- andtrans- isomers expressed as chlordane

Chlorfenvinphossum of E-and Z-isomers of chlorfenvinphos
ChlormequatChlormequat
ChlorothalonilChlorothalonil
ChlorobenzilateChlorobenzilate
ChlorpyrifosChlorpyrifos
Chlorpyrifos-methylchlorpyrifos-methyl
Cyfluthrincyfluthrin, including other mixed isomeric constituents (sum of isomers)
Cypermethrincypermethrin (sum of isomers)
Daminozidesum of daminozide and 1,1-dimethyl-hydrazine expressed as daminozide
DDTsum of pp’-DDT, op’-DDT, pp’-DDE and pp’-TDE (DDD) expressed as DDT
DeltamethrinDeltamethrin
DiazinonDiazinon
1,2-Dibromoethane1,2-dibromoethane
DichlofluanidDichlofluanid
DichlorvosDichlorvos
Dichlorpropdichlorprop (including dichlorprop P)
DicofolDicofol
DiflubenzuronDiflubenzuron
DimethipinDimethipin
DimethoateDimethoate
DinosebDinoseb
DioxathionDioxathion
Disulfotonsum of disulfoton, disulfoton sulphoxide and disulfoton sulphone expressed as disulfoton
Endosulfansum of alpha-and beta-isomers and of endosulfan sulphate, expressed as endosulfan
EndrinEndrin
EthephonEthephon
EthionEthion
EtrimfosEtrimfos
FenarimolFenarimol
Fenbutatin oxidefenbutatin oxide
Fenchlorphosfenchlorphos (sum of fenchlorphos and fenchlorphos oxon, expressed as fenchlorphos)
FenitrothionFenitrothion
Fentinfentin expressed as triphenyltin cation
Fenvaleratefenvalerate (sum of isomers)
Fluazifopfluazifop and esters (including conjugates) of fluazifop, expressed as free acid
FlurochloridoneFlurochloridone
FurathiocarbFurathiocarb
GlyphosateGlyphosate
Haloxyfophaloxyfop and esters (including conjugates) of haloxyfop, expressed as free acid
Hexachlorobenzene (HCB)Hexachlorobenzene
Hexachlorocyclohexane (HCH)Hexachlorocyclohexane (HCH) alpha, beta and gamma isomers individually or summed as in Schedule 2
Heptachlorsum of heptachlor and heptachlor epoxide, expressed as heptachlor
Hydrogen cyanidecyanides expressed as hydrogen cyanide
Hydrogen phosphidephosphides expressed as hydrogen phosphide
ImazalilImazalil
Inorganic bromidedetermined and expressed as total bromine from all sources
IoxynilIoxynil
IprodioneIprodione
Lambda-cyhalothrinlambda-cyhalothrin
Malathionsum of malathion and malaoxon, expressed as malathion
Maleic hydrazidemaleic hydrazide
Maneb, Mancozeb, Metiram Propineb and Zinebdetermined and expressed as carbon disulphide (CS2)
MecarbamMecarbam
Mercury compoundsdetermined as total mercury and expressed as mercury
Metalaxylmetalaxyl
Methacrifosmethacrifos
Methamidophosmethamidophos
Methyl bromide (bromomethane)methyl bromide (bromomethane)
Mevinphossum ofcis- andtrans- mevinphos
Monocrotophosmonocrotophos
Omethoateomethoate (from use of formothion, dimethoate and omethoate)
Paraquatparaquat
Parathionparathion
Parathion-methylparathion-methyl
Permethrinpermethrin (and sum of isomers)
Phoratesum of phorate, its oxygen analogue and their sulfoxides and sulphones expressed as phorate
Phosalonephosalone
Phosmetphosmet
Phosphamidonsum of phosphamidon (E-and Z-isomers) and N-desethylphosphamidon (E-and Z-isomers) expressed as phosphamidon
Pirimiphos-methylpirimiphos-methyl
Procymidoneprocymidone
Propargitepropargite
Propiconazolepropiconazole
Propoxurpropoxur
Propyzamidepropyzamide
Pyrethrinssum of pyrethrins I and II, cinerins I and II, jasmolins I and II
Quinalphosquinalphos
Quintozenesum of quintozene, pentachloroaniline and methyl pentachlorophenyl sulphide expressed as quintozene
Tecnazenetecnazene
TEPPTEPP
Thiabendazolethiabendazole
Triazophostriazophos
Trichlorfontrichlorfon
Triforinetriforine
2, 4, 5-T2, 4, 5-T
Vinclozolinsum of vinclozolin and all metabolites containing 3, 5-dichloroaniline moiety, expressed as vinclozolin

Regulation 3

SCHEDULE 2S

Regulation 6

SCHEDULE 3S

Note: The word 'fresh’ is taken to extend to products which have been chilled.

Column 1Column 2Column 3
Group of productsProducts included in the groupsPart of product to which maximum residue levels apply

1.Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar: nuts

(i)CITRUS FRUIT

Grapefruit

Lemons

Limes

Mandarins (including clementines and similar hybrids)

Oranges

Pomelos

Others

Whole Product.

(ii)TREE NUTS (shelled or unshelled)

Almonds

Brazil nuts

Cashew nuts

Chestnuts

Coconuts

Hazelnuts

Macadamia nuts

Pecans

Pine nuts

Pistachios

Walnuts

Others

Whole product after removal of shell.

(iii)POME FRUIT

Apples

Pears

Quinces

Others

Whole product after removal of stems.

(iv)STONE FRUIT

Apricots

Cherries

Peaches (including nectarines and similar hybrids)

Plums

Others

Whole product after removal of stems.

(v)BERRIES AND SMALL FRUIT

(a)Table and wine grapes

Table grapes

Wine grapes

(b)Strawberries

(other than wild)

(c)Cane fruit

(other than wild)

Blackberries

Dewberries

Loganberries

Raspberries

Others

(d)Other small fruit and berries

(other than wild)

Bilberries

Cranberries

Currants (red, black and white)

Gooseberries

Others

(e)Wild berries and wild fruit

Whole product after removal of caps and stems (if any) and, in the case of currants, fruits with stems.

(vi)MISCELLANEOUS FRUIT

Avocados

Bananas

Dates

Figs

Kiwi fruit

Kumquats

Litchis

Mangoes

Olives (table consumption){

Olives (oil extract)

Passion fruit

Pineapples

Pomegranates

Others

Whole fruit after removal of stems (if any) and in the case of pineapple, after removal of the crown.

{Whole fruit after removal of stems (if any) after removal of soil (if any) by rinsing in running water.

(i)ROOT AND TUBER VEGETABLES

Beetroot

Carrots

Celeriac

Horseradish

Jerusalem artichokes

Parsnips

Parsley root

Radishes

Salsify

Sweet potatoes

Swedes

Turnips

Yams

Others

Whole product after removal of tops and adhering soil (if any) (removal of soil by rinsing in running water or by gentle brushing of the dry product).

2.Vegetables, fresh or uncooked, frozen or dry

(ii)BULB VEGETABLES

Garlic

Onions

Shallots

Spring Onions

Others

For dry onions, shallots and garlic: whole product after removal of easily detachable skin and soil (if any). Onions, shallots and garlic other than dry, spring onions: whole product after removal of roots and soil (if any).

(iii)FRUITING VEGETABLES

(a)Solanacea

Tomatoes

Peppers

Aubergines

Others

(b)Cucurbits-edible peel

Cucumbers

Gherkin

Courgettes

Others

(c)Cucurbits-inedible peel

Melons

Squashes

Watermelons

Others

Whole product after removal of stems.

(d)Sweet corn

Kernels or cobs without husks.

(iv)BRASSICA VEGETABLES

(a)Flowering brassicas

Broccoli

Cauliflower

Others

(b)Head brassicas

Brussels sprouts

Head cabbage

Others

(c)Leafy brassicas

Chinese cabbage

Kale

Others

Product after removal of decayed leaves (if any).

(d)Kohlrabi

Whole product after removal of tops and adhering soil (if any) (removal of soil by rinsing in running water or by gentle brushing of the dry product).

(v)LEAF VEGETABLES AND FRESH HERBS

(a)Lettuce and similar

Cress

Lamb’s lettuce

Lettuce

Scarole

Others

(b)Spinach and similar

Spinach

Beet leaves (chard)

Others

(c)Watercress

(d)Witloof

(e)Herbs

Chervil

Chives

Parsley

Celery leaves

Others

Whole product after removal of decayed outer leaves, root and soil (if any).

(vi)LEGUME VEGETABLES (FRESH)

Beans with pods

Beans without pods

Peas with pods

Peas without pods

Others

Whole product after removal of pods or with pods if they are intended to be eaten.

(vii)STEM VEGETABLES

Asparagus

Cardoons

Celery

Fennel

Globe artichokes

Leeks

Rhubarb

Others

Whole product after removal of decayed tissue and soil (if any); leeks and fennel: whole product after removal of roots and soil (if any).

(viii)FUNGI

Mushrooms (other than wild)

Wild Mushrooms

Whole product after removal of decayed tissue and soil (if any); leeks and fennel: whole product after removal of roots and soil (if any).

3.Pulses

Beans

Lentils

Peas

Others

Whole product.

4.Oil seeds

Linseed

Peanuts

Poppy seed

Rape seed

Sesame seed

Sunflower seed*

Soya bean

Others

Whole seed or kernel after removal of shell and husk, when possible.

*Whole seed including shell, when present, and whole seed without shell, when shell is absent.

5.Potatoes

Early potatoes

Ware potatoes

Whole product after removal of soil (if any) (removal of soil by rinsing in running water or by gentle brushing of the dry product).

6.Tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis)

Whole product.

7.Hops (dried), including hop pellets and unconcentrated powder

Whole product.

8.Cereal grains

Wheat

Rye

Barley

Oats

Triticale

Maize

Rice

Other cereals

Whole commodity without husk.

9.Products of animal origin

Meat, fat and preparations of meatWhole commodity (For fat soluble pesticides a portion of carcass fat is analysed and MRLs apply to carcass fat.
MilkWhole commodity.
EggsWhole egg whites and yolks combined after removal of shells.

10.Spices

Cumin seed

Juniper berries

Nutmeg

Pepper, black and white

Vanilla pods

Others

Whole product.

Regulation 7

SCHEDULE 4S REVOCATIONS

TitleS.I. Number
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994S.I. 1994/1985.
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1995S.I. 1995/1483.
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1996S.I. 1996/1487
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1997S.I. 1997/567.
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1998S.I. 1998/2922.
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1999S.I. 1999/1109.

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 2(2) of the European Communities Act 1972 and Part III of the Food and Environment Protection Act 1985 and consolidate and replace the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994 (S.I. 1994/1985) and the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1995 to 1999 (S.I. 1995/1483, 1996/1487, 1997/567, 1998/2922 and 1999/1109).

To the extent that the Regulations are made under the European Communities Act 1972, regulation 4 and Schedule 2 Part 2 specify maximum levels of pesticide residues which may be left in crops, food and feeding stuffs in implementation of Council Directive 86/362/EEC (O.J. No. L221, 7.8.86, p.37) and Council Directive 86/363/EEC (O.J. No. L221, 7.8.86, p.43) as regards cereals and products of animal origin, and Council Directive 90/642/EEC (O.J. No. L350, 14.12.90, p.71) as regards certain products of plant origin (including fruit and vegetables), each as last amended by Commission Directive 1999/71/EC (O.J. No. L194, 27.7.99, p.36)) (these Directives as so amended being referred to in these Regulations as “the Residues Directives"). In particular, these Regulations specify for the first time maximum residue levels for the pesticide Azoxystrobin in implementation of Commission Directive 1999/71/EC. Regulation 4 also creates offences, specifies penalties, provides defences and confers enforcement powers where these maximum residue levels have been exceeded in respect of products put into circulation.

To the extent that these Regulations are made under the Food and Environment Protection Act 1985, they specify maximum levels of pesticides residues which may be left in crops, food and feeding stuffs which are not the subject of the Residues Directives. Since they are made under section 16(2)(k) of that Act, regulation 3 and Schedule 2 Part 1 do no more than specify the maximum residue level which may be left in a particular product. Offences and penalties for contravention of regulation 3 are prescribed respectively by sections 16(12) and 21(3) of that Act.

The Regulations also confer powers to seize and dispose of products where maximum residue levels have been exceeded (regulation 5) and prescribe how much of a particular product is to be taken into account in determining whether a maximum residue level has been exceeded in accordance with Council Directive 90/642/EEC (regulation 6 and Schedule 3). Provision is also made with regard to the manner for determining whether maximum residue levels have been exceeded when found in dried or processed products or composite foods, so far as these are the subject of the Residues Directives (regulation 6).

These Regulations revoke the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994 (S.I. 1994/1985) and the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1995 to 1999 (S.I. 1995/1483, 1996/1487, 1997/567, 1998/2922 and 1999/1109) (regulation 7 and Schedule 4).

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This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

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liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

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