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Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) (No. 2) Regulations (Northern Ireland) 2002

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Statutory Rules of Northern Ireland

2002 No. 250

AGRICULTURE

PESTICIDES

Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) (No. 2) Regulations (Northern Ireland) 2002

Made

23rd July 2002

Coming into operation

1st September 2002

The Department of Agriculture and Rural Development, being a Department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2), and, in respect of the provisions of these Regulations relating to Part I of Schedule 2 to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002(3), in exercise of the powers conferred on it by section 16(2) of the Food and Environment Protection Act 1985(4), and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) (No. 2) Regulations (Northern Ireland) 2002 and shall come into operation on 1st September 2002.

(2) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002

2.—(1) The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002 shall be amended in accordance with this regulation.

(2) In regulation 2(1), for the definition of the Residues Directives there shall be substituted the following definition:

“the Residues Directives” means Council Directive 86/362/EEC(6), Council Directive 86/363/EEC(7) and Council Directive 90/642/EEC(8), in each case amended as at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) (No. 2) Regulations (Northern Ireland) 2002..

(3) In Schedule 1 there shall be inserted at the appropriate places in Columns 1 and 2 the following:

Column 1Column 2
PesticideResidues
Flupyrsulfuron-methylflupyrsulfuron-methyl
Pymetrozinepymetrozine

(4) On 1st January 2003, the column for the pesticide Tecnazene shall be deleted from Part I of Schedule 2.

(5) In Part II of Schedule 2 maximum residue levels shall be substituted as follows –

(a)for mg/kg of Acephate on peaches delete “ 0.02*” and insert “0.2”;

(b)for mg/kg of Chlorothalonil on celeriac delete “0.5” and insert “1”;

(c)for mg/kg of Cypermethrin on asparagus delete “0.05*” and insert “0.1 ”;

(d)for mg/kg of Ethephon on pineapples delete “0.5” and insert “2”;

(e)for mg/kg of Fenbutatin oxide on peppers delete “0.05*” and insert “1”;

(f)for mg/kg of Kresoxim-methyl on strawberries delete “0.05*” and insert “0.2”; and

(g)for mg/kg of Metalaxyl on spring onions delete “0.05*” and insert “0.2”, and on scarole (broad-leaf endive), chervil, chives, parsley, celery leaves and other herbs delete “0.05*” and insert “1”.

(6) In Part II of Schedule 2 –

(a)there shall be inserted, in the appropriate place to preserve the alphabetical ordering from left to right, columns of maximum permitted levels for residues of the pesticides Flupyrsulfuron-methyl and Pymetrozine as specified in the Schedule to these Regulations; and

(b)for the columns relating to the pesticides Amitraz, Azoxystrobin and Lambda-cyhalothrin, there shall be substituted the columns of maximum permitted levels for residues of these pesticides as specified in the Schedule to these Regulations.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 23rd July 2002.

L.S.

Liam McKibben

A senior officer of the

Department of Agriculture and Rural Development

Regulation 2(6)

SCHEDULE

Group to which food belongsGroups include the following productsAmitrazAzoxystrobinFlupyrsulf-uron-methylLambda-cyhalothrinPymetrozine
1. Fruit, fresh, dried or uncooked, preserved by freezing not containing added sugar: nuts

(i)CITRUS FRUIT

Grapefruit0.05*10.02*0.10.3
Lemons0.05*10.02*0.02*0.3
Limes0.05*10.02*0.02*0.3
Mandarins (inc clementines & similar hybrids)0.05*10.02*0.02*0.3
Oranges0.05*10.02*0.10.3
Pomelos0.05*10.02*0.10.3
Others0.05*10.02*0.02*0.3

(ii)TREE NUTS (shelled or unshelled)

Almonds0.05*0.1*0.02*0.05*0.02*
Brazil nuts0.05*0.1*0.02*0.05*0.02*
Cashew nuts0.05*0.1*0.02*0.05*0.02*
Chestnuts0.05*0.1*0.02*0.05*0.02*
Coconuts0.05*0.1*0.02*0.05*0.02*
Hazelnuts0.05*0.1*0.02*0.05*0.02*
Macadamia nuts0.05*0.1*0.02*0.05*0.02*
Pecans0.05*0.1*0.02*0.05*0.02*
Pine nuts0.05*0.1*0.02*0.05*0.02*
Pistachios0.05*0.1*0.02*0.05*0.02*
Walnuts0.05*0.1*0.02*0.05*0.02*
Others0.05*0.1*0.02*0.05*0.02*

(iii)POME FRUIT

Apples0.50.05*0.02*0.10.02*
Pears0.50.05*0.02*0.10.02*
Quinces0.50.05*0.02*0.10.02*
Others0.50.05*0.02*0.10.02*

(iv)STONE FRUIT

Apricots0.05*0.05*0.02*0.20.05
Cherries0.05*0.05*0.02*0.10.02*
Peaches (incl nectarines & similar hybrids)0.05*0.05*0.02*0.20.05
Plums0.05*0.05*0.02*0.10.02*
Others0.05*0.05*0.02*0.10.02*

(v)BERRIES AND SMALL FRUIT

(a)Table & wine grapes

Table grapes0.05*20.02*0.20.02*
Wine grapes0.05*20.02*0.20.02*

(b)Strawberries (other than wild)

0.05*20.02*0.50.02*

(c)Cane Fruit (other than wild)

Blackberries0.05*0.05*0.02*0.02*0.02*
Dewberries0.05*0.05*0.02*0.02*0.02*
Loganberries0.05*0.05*0.02*0.02*0.02*
Raspberries0.05*0.05*0.02*0.02*0.02*
Others0.05*0.05*0.02*0.02*0.02*

(d)Other small fruit & berries (other than wild)

Bilberries0.05*0.05*0.02*0.02*0.02*
Cranberries0.05*0.05*0.02*0.02*0.02*
Currants (red, black & white)0.05*0.05*0.02*0.10.02*
Gooseberries0.05*0.05*0.02*0.10.02*
Others0.05*0.05*0.02*0.02*0.02*

(e)Wild berries & wild fruit

0.05*0.05*0.02*0.20.02*

(vi)MISCELLANEOUS FRUIT

Avocados0.05*0.05*0.02*0.02*0.02*
Bananas0.05*20.02*0.02*0.02*
Dates0.05*0.05*0.02*0.02*0.02*
Figs0.05*0.05*0.02*0.02*0.02*
Kiwi fruit0.05*0.05*0.02*0.02*0.02*
Kumquats0.05*0.05*0.02*0.02*0.02*
Litchis0.05*0.05*0.02*0.02*0.02*
Mangoes0.05*0.05*0.02*0.02*0.02*
Olives0.05*0.05*0.02*0.02*0.02*
Passion fruit0.05*0.05*0.02*0.02*0.02*
Pineapple0.05*0.05*0.02*0.02*0.02*
Pomegranates0.05*0.05*0.02*0.02*0.02*
Others0.05*0.05*0.02*0.02*0.02*
2. Vegetables, fresh or uncooked, frozen or dry

(i)ROOT AND TUBER VEGETABLES

Beetroot0.05*0.05*0.02*0.02*0.02*
Carrots0.05*0.20.02*0.02*0.02*
Celeriac0.05*0.05*0.02*0.10.02*
Horseradish0.05*0.20.02*0.02*0.02*
Jerusalem artichokes0.05*0.05*0.02*0.02*0.02*
Parsnips0.05*0.20.02*0.02*0.02*
Parsley root0.05*0.20.02*0.02*0.02*
Radishes0.05*0.05*0.02*0.10.02*
Salsify0.05*0.20.02*0.02*0.02*
Sweet potatoes0.05*0.05*0.02*0.02*0.02*
Swedes0.05*0.05*0.02*0.02*0.02*
Turnips0.05*0.05*0.02*0.02*0.02*
Yams0.05*0.05*0.02*0.02*0.02*
Others0.05*0.05*0.02*0.02*0.02*

(ii)BULB VEGETABLES

Garlic0.05*0.05*0.02*0.02*0.02*
Onions0.05*0.05*0.02*0.02*0.02*
Shallots0.05*0.05*0.02*0.02*0.02*
Spring onions0.05*0.05*0.02*0.02*0.02*
Others0.05*0.05*0.02*0.02*0.02*

(iii)FRUITING VEGETABLES

(a)Solanacea

Tomatoes0.520.02*0.10.5
Peppers0.05*20.02*0.11
Aubergines0.520.02*0.50.5
Others0.05*0.05*0.02*0.02*0.02*

(b)Cucurbits-edible peel

Cucumbers0.05*10.02*0.10.5
Gherkins0.05*10.02*0.10.5
Courgettes0.05*10.02*0.10.5
Others0.05*10.02*0.10.5

(c)Cucurbits-inedible peel

Melons0.05*0.50.02*0.050.2
Squashes0.05*0.50.02*0.050.2
Watermelons0.05*0.50.02*0.050.2
Others0.05*0.50.02*0.050.2

(d)Sweet corn

0.05*0.05*0.02*0.02*0.02*

(iv)BRASSICA VEGETABLES

(a)Flowering Brassicas

Broccoli (including Calabrese)0.05*0.05*0.02*0.10.02*
Cauliflower0.05*0.05*0.02*0.10.02*
Others0.05*0.05*0.02*0.10.02*

(b)Head Brassicas

Brussels sprouts0.05*0.05*0.02*0.050.02*
Head cabbage0.05*0.05*0.02*0.20.05
Others0.05*0.05*0.02*0.02*0.02*

(c)Leafy Brassicas

Chinese cabbage0.05*0.05*0.02*0.02*0.02*
Kale0.05*0.05*0.02*0.02*0.02*
Others0.05*0.05*0.02*0.02*0.02*

(d)Kohlrabi

0.05*0.05*0.02*0.02*0.02*

(v)LEAF VEGETABLES AND FRESH HERBS

(a)Lettuce & similar

Cress0.05*30.02*11
Lamb’s lettuce0.05*30.02*11
Lettuce0.05*30.02*11
Scarole (broad-leaf endive)0.05*30.02*11
Others0.05*30.02*11

(b)Spinach & similar

Spinach0.05*0.05*0.02*0.50.02*
Beet leaves (chard)0.05*0.05*0.02*0.02*0.02*
Others0.05*0.05*0.02*0.02*0.02*

(c)Watercress

0.05*0.05*0.02*0.02*0.02*

(d)Witloof

0.05*0.20.02*0.02*0.02*

(e)Herbs

Chervil0.05*0.05*0.02*11
Chives0.05*0.05*0.02*11
Parsley0.05*0.05*0.02*11
Celery leaves0.05*0.05*0.02*11
Others0.05*0.05*0.02*11

(vi)LEGUME VEGETABLES (fresh)

Beans (with pods)0.05*10.02*0.20.02*
Beans (without pods)0.05*0.05*0.02*0.02*0.02*
Peas (with pods)0.05*0.50.02*0.20.02*
Peas (without pods)0.05*0.20.02*0.20.02*
Others0.05*0.05*0.02*0.02*0.02*

(vii)STEM VEGETABLES

Asparagus0.05*0.05*0.02*0.02*0.02*
Cardoons0.05*0.05*0.02*0.02*0.02*
Celery0.05*50.02*0.30.02*
Fennel0.05*0.05*0.02*0.02*0.02*
Globe artichokes0.05*10.02*0.02*0.02*
Leeks0.05*0.10.02*0.02*0.02*
Rhubarb0.05*0.05*0.02*0.02*0.02*
Others0.05*0.05*0.02*0.02*0.02*

(viii)FUNGI

(a)Cultivated mushrooms

0.05*0.05*0.02*0.02*0.02*

(b)Wild mushrooms

0.05*0.05*0.02*0.50.02*
3. PULSES
Beans0.05*0.10.02*0.02*0.02*
Lentils0.05*0.10.02*0.02*0.02*
Peas0.05*0.10.02*0.02*0.02*
Others0.05*0.10.02*0.02*0.02*
4. OILSEEDS
Linseed0.05*0.05*0.05*0.02*0.02*
Peanuts0.05*0.05*0.05*0.02*0.02*
Poppy seed0.05*0.05*0.05*0.02*0.02*
Sesame seed0.05*0.05*0.05*0.02*0.02*
Sunflower seed0.05*0.05*0.05*0.02*0.02*
Rape seed0.05*0.05*0.05*0.02*0.02*
Soya bean0.05*0.05*0.05*0.02*0.02*
Mustard seed0.05*0.05*0.05*0.02*0.02*
Cotton seed10.05*0.05*0.02*0.05
Others0.05*0.05*0.05*0.02*0.02*
5. POTATOES
Early potatoes0.05*0.05*0.02*0.02*0.02*
Ware potatoes0.05*0.05*0.02*0.02*0.02*
6. TEA
(dried leaves and stalks, fermented or otherwise, Camellia sinensis)0.1*0.1*0.05*10.1*
7. HOPS (dried)
including hop pellets & unconcentrated powder20200.05*105
Groups to which food belongsGroups include the following productsFlupyrsulfuron-methylPymetrozine
8. CEREALS
Wheat0.02*0.02*
Rye0.02*0.02*
Barley0.02*0.02*
Sorghum0.02*0.02*
Oats0.02*0.02*
Triticale0.02*0.02*
Maize0.02*0.02*
Buckwheat0.02*0.02*
Millet0.02*0.02*
Rice(1)0.02*0.02*
Other cereals(2)0.02*0.02*
9. PRODUCTS OF ANIMAL ORIGIN
Meat, fat & preparations of meat(3)0.01*
Milk(4) & Dairy produce(5)0.01*
Eggs(6)(7)0.01*

Explanatory Note

(This note is not part of the Regulations.)

These Regulations, which are made under section 2(2) of the European Communities Act 1972 and section 16(2) of the Food and Environment Protection Act 1985, further amend the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002 (“the principal Regulations”) (S.R. 2002 No. 20 amended by S.R. 2002 No. 27).

The Regulations specify maximum levels of pesticides which crops, food and feeding stuffs may contain in implementation of Commission Directives 2002/5/EC (O.J. No. L34, 5.02.02, p. 7) and 2002/23/EC (O.J. No. L64, 7.03.02, p. 13). New columns are added to Part II of Schedule 2 of the principal Regulations for the residues of pesticides Flupyrsulfuron-methyl and Pymetrozine (regulation 2(6)(a)). Complete revised columns for the residues of pesticides Amitraz, Azoxystrobin and Lambda-cyhalothrin have been substituted for existing columns in Part II of Schedule 2 (regulation 2(6)(b)).

Regulation 2(3) adds the names of further pesticide residue substances to Schedule 1.

Regulation 2(4) removes the column for the pesticide Tecnazene from Part I of Schedule 2 from 1st January 2003 as this has now been prescribed by EC Directives and implemented by S.R. 2002 No. 27.

Other minor alterations to implement changes of pesticide residue for other pesticides, Acephate, Chlorothalonil, Cypermethrin, Ethephon, Fenbutatin oxide, Kresoxim-methyl and Metalaxyl are made to specified products in regulation 2(5).

The definition of “the Residues Directives” is updated to take account of the Directives being implemented (regulation 2(2)).

(1)

S.I. 2000/2812

(2)

1972 c. 68; the powers conferred by section 2(2) were extended by virtue of the amendment of section 1(2) of the European Communities Act 1972 by section 1 of the European Economic Area Act 1993 (c. 51)

(4)

1985 c. 48; section 16 was amended by the Pesticides (Fees and Enforcement) Act 1989 (c. 27) and by the Pesticides Act 1998 (c. 26); see also section 25(2) and Article 3(4) of the Department (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1)) and section 25(2A) as inserted by section 1(5) of the Pesticides Act 1998

(6)

O.J. No. L221, 7.8.86, p. 37. The last amending instrument is Commission Directive 2002/23/EC (O.J. No. L64, 7.03.02, p. 13)

(7)

O.J. No. L221, 7.8.86, p. 43. The last amending instrument is Commission Directive 2002/23/EC

(8)

O.J. No. L350, 14.12.90, p. 71. The last amending instrument is Commission Directive 2002/23/EC

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