The Pesticides (Maximum Residue Levels in Food) Regulations 1988

Title and commencement

1.  These Regulations may be cited as the Pesticides (Maximum Residue Levels in Food) Regulations 1988 and shall come into force on the day after the day on which they are made, except for regulation 3(b) and Schedule 2, which shall come into force on 31st December 1988.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

• “food” includes cereals intended for human consumption listed in Schedules 1 and 2;

• “maximum residue level” in the case of any food, in relation to any pesticide used in connection therewith, means the figure obtained at the point in Schedule 1 or 2 where a line drawn vertically from the reference to that pesticide intersects with a line drawn horizontally from the reference to that food;

• “pesticide” means a pesticide specified in Schedule 1, 2 or 3;

• “residue” in relation to any pesticide means one or more of the substances specified in an entry in column 2 of Schedule 3 alongside the entry of that pesticide in column 1 of that Schedule.

(2) Any reference in a Schedule to a food, figure or pesticide includes any qualifying words relating to that food, figure or pesticide in that Schedule.

(3) Any reference in these Regulations to a Schedule shall be construed as a reference to a Schedule to these Regulations.

Maximum residue levels

3.  No person may leave or cause to be left—

(a) in any food specified in Schedule 1,

(b) in any food specified in Schedule 2,

a level of residue exceeding any maximum residue level applicable to such food specified in that Schedule.

Seizure or disposal of food

4.  If any food has in it a residue level in excess of any maximum residue level relating to that food, either of the Ministers shall have power—

(a) to seize or dispose of the consignment containing that food 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 Minister to be necessary.

Sampling

5.  The level of residue in a food shall be determined as far as practicable in accordance with the procedures laid down in Parts 5 and 6 of the Guide to Codex Recommendations Concerning Pesticide Residues(1).

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th July 1988.

L.S.

John MacGregor

Minister of Agriculture, Fisheries and Food

Sanderson of Bowden

Minister of State, Scottish Office

28th July 1988

Peter Walker

Secretary of State for Wales

1st August 1988

Edwina Currie

Parliamentary Under-Secretary of State,

Department of Health

1st August 1988