Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2006

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 section 16(2) 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 (Northern Ireland) 2002 (S.R. 2002 No. 20) as amended by S.R. 2002 No. 27, S.R. 2002 No. 250, S.R. 2003 No. 123, S.R. 2003 No. 379, S.R. 2003 No. 435, S.R. 2004 No. 200, S.R. 2004 No. 367, S.R. 2005 No. 51 and S.R. 2005 No. 401 — see regulation 6 and Schedule 4 for revocations.

To the extent that the Regulations are made under the European Communities Act 1972, regulation 3 and Part II of Schedule 2 specify maximum levels of pesticide residues which crops, food and feeding stuffs may contain in implementation of Council Directive 76/896/EEC (O.J. No. L340, 9.12.1976, p. 26) relating to fruit and vegetables, 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), as amended (these Directives as so amended being referred to in these Regulations as “the Residues Directives”).

In particular, these Regulations specify new maximum residue levels on products of plant origin including cereals for the pesticides Carfentrazone-ethyl, Fenamidone, Isoxaflutole, Maleic Hydrazide, Mecoprop, Mecoprop-P, Propyzamide, Trifloxystrobin in implementation of Commission Directive 2005/37/EC (O.J. No. L141, 4.6.2005, p. 10); on products of plant origin, cereals and foodstuffs of animal origin for Amitraz in implementation of Commission Directive 2005/46/EC (O.J. No. L177, 9.7.2005, p. 35); on products of plant origin, cereals and foodstuffs of animal origin for Flufenacet, Fosthiazate, Iodosulfuron-methyl sodium, Iprodione, Mesotrione, Molinate, Picoxystrobin, Propiconazole, Silthiofam in implementation of Commission Directive 2005/48/EC (O.J. No. L219, 24.8.2005, p. 29); on cereals and certain products of animal and plant origin for Bromoxynil, Dimethenamid-P, Flazasulfuron, Flurtamone, Mepanipyrim, Propoxycarbazone, Pyraclostrobin, Quinoxyfen, Zoxamide in implementation of Commission Directive 2005/70/EC (O.J. No. L276, 21.10.2005, p. 35); on certain products of plant origin including fruit and vegetables for Ethofumesate, Lambda-cyhalothrin, Methomyl, Pymetrozine and Thiabendazole in implementation of Commission Directive 2005/74/EC (O.J. No. L282, 26.10.2005, p. 9); on cereals and certain products of plant origin including fruit and vegetables for Azoxystrobin, Bifenthrin, Cyromazine, Kresoxim-methyl and Metalaxyl in implementation of Commission Directive 2005/76/EC (O.J. No. L293, 9.11.2005, p. 14); on cereals and certain products of plant origin including fruit and vegetables for Carbofuran in implementation of Commission Directive 2006/4/EC (O.J. No. L23, 27.1.2006, p. 69); on certain products of plant origin including fruit and vegetables for Diquat in implementation of Commission Directive 2006/9/EC (O.J. No. L22, 26.1.2006, p. 24) and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables for the Benomyl group in implementation of Commission Directive 2006/30/EC (O.J. No. L75, 14.3.2006, p. 7).

To the extent that these Regulations are made under the Food and Environment Protection Act 1985, they specify maximum levels of pesticide residues which may be left in crops, food and feeding stuffs which are the subject of the Residues Directives. Since they are made under section 16(2)(k) of that Act, regulation 3 and Part I of Schedule 2 do no more than specify the maximum residue level which may be left in a particular product.

Regulation 3 also creates offences, specifies penalties, provides defences and confers enforcement powers where maximum residue levels have been exceeded in respect of products put into circulation.

The Regulations also confer powers to seize and dispose of products where maximum residue levels have been exceeded (regulation 4) 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 5(a) 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 5(c) and (d)).

These Regulations revoke the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 20 as amended by S.R. 2002 No. 27, S.R. 2002 No. 250, S.R. 2003 No. 123, S.R. 2003 No. 379, S.R. 2003 No. 435, S.R. 2004 No. 200, S.R. 2004 No. 367, S.R. 2005 No. 51 and S.R. 2005 No. 401).