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Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations (Northern Ireland) 2007

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Statutory Rules of Northern Ireland

2007 No. 428

Agriculture

Pesticides

Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations (Northern Ireland) 2007

Made

3rd October 2007

Coming into operation-

14th November 2007

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 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) Regulations (Northern Ireland) 2007 and shall come into operation on 14th November 2007.

(2) The Interpretation Act (Northern Ireland) 1954(3) 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) 2006

2.—(1) The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2006(4) shall be amended in accordance with this regulation.

(2) In regulation 2(1), for the definition of the Residues Directives substitute the following definition:

“the Residues Directives” means Directive 76/895(5), Directive 86/362(6), Directive 86/363(7) and Directive 90/642(8), in each case as amended at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations (Northern Ireland) 2007..

(3) In Schedule 1 insert at the appropriate place in Columns 1 and 2 the following entry—

Column 1

Pesticides

Column 2

Residues

Phenmedipham
(1)

for products of plant origin: phenmedipham

(2)

for foodstuffs of animal origin: phenmedipham (Methyl-N-(3-hydroxyphenyl) carbemate (MHPC) expressed as phenmedipham)

(4) In Part I of Schedule 2 delete the columns relating to Captan, Dichlorvos and Ethion.

(5) In Part II of Schedule 2—

(a)in the column relating to the pesticide Atrizine for the products listed under the group Cereals substitute the maximum residue levels to “0.1”;

(b)insert, in the appropriate place to preserve the alphabetical ordering from left to right, the columns of maximum permitted levels for residues of the pesticides Captan, Dichlorvos, Ethion and Phenmedipham as specified in the Schedule to these Regulations;

(c)for the column relating to the pesticide Folpet substitute the column of maximum permitted levels for residues of that pesticide as specified in the Schedule to these Regulations.

(6) At the end of Part II to Schedule 2 add the following footnote—

48.  Sum of captan and folpet..

(7) On the 21st January 2008:

(a)in Schedule 1 insert at the appropriate place in Columns 1 and 2 the following entry—

Column 1

Pesticides

Column 2

Residues

Desmediphamdesmedipham

(b)in Part I of Schedule 2 delete the column relating to Chlorfenvinphos;

(c)in Part II of Schedule 2 insert, in the appropriate place to preserve the alphabetical ordering from left to right, the columns of maximum permitted levels for the residues of the pesticides Chlorfenvinphos and Desmedipham and in relation to Phenmedipham for the food groups 9 (Cereals) and 10 (Foodstuffs of Animal Origin) as specified in the Schedule to these Regulations.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 3rd October 2007.

Legal seal

John Speers

A senior officer of the Department of Agriculture and Rural Development.

Regulation 2

SCHEDULE

Group to which food belongsGroups include the following productsCaptanChlorfenvinphos (applying from 21/1/08)Desmedipham (applying from 21/1/08)DichlorvosEthionFolpetPhenmediphamPhenmedipham (applying from 21/1/08)
1. Fruit, fresh, dried or uncooked, preserved by freezing not containing added sugar: nuts
(i) CITRUS FRUIT
Grapefruit0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Lemons0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Limes0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Mandarins (inc clementines & similar hybrids)0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Oranges0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Pomelos0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(ii) TREE NUTS (shelled or unshelled)
Almonds0.30.02*0.05*0.01*0.01*0.02*0.05*
Brazil nuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Cashew nuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Chestnuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Coconuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Hazelnuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Macadamia nuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Pecans0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Pine nuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Pistachios0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Walnuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(iii) POME FRUIT
Apples3(48)0.02*0.05*0.01*0.01*3(48)0.05*
Pears3(48)0.02*0.05*0.01*0.01*3(48)0.05*
Quinces3(48)0.02*0.05*0.01*0.01*3(48)0.05*
Others3(48)0.02*0.05*0.01*0.01*3(48)0.05*
(iv) STONE FRUIT
Apricots30.02*0.05*0.01*0.01*0.02*0.05*
Cherries50.02*0.05*0.01*0.01*20.05*
Peaches (incl. nectarines & similar hybrids)0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Plums10.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(v) BERRIES AND SMALL FRUIT
(a)Table & wine grapes
Table grapes0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Wine grapes0.02*0.02*0.05*0.01*0.01*50.05*
(b)Strawberries (other than wild)3(48)0.02*0.05*0.01*0.01*3(48)0.1
(c)Cane Fruit (other than wild)
Blackberries3(48)0.02*0.05*0.01*0.01*3(48)0.05*
Dewberries0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Loganberries0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Raspberries3(48)0.02*0.05*0.01*0.01*3(48)0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(d)Other small fruit & berries (other than wild)
Bilberries0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Cranberries0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Currants (red, black & white)3(48)0.02*0.05*0.01*0.01*3(48)0.05*
Gooseberries3(48)0.02*0.05*0.01*0.01*3(48)0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(e)Wild berries & wild fruit0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(vi) MISCELLANEOUS FRUIT
Avocados0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Bananas0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Dates0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Figs0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Kiwi fruit0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Kumquats0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Litchis0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Mangoes20.02*0.05*0.01*0.01*0.02*0.05*
Olives (table consumption)0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Olives (oil extract)0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Papaya0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Passion fruit0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Pineapples0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Pomegranates0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
2. Vegetables, fresh or uncooked, frozen or dry
(i) ROOT AND TUBER VEGETABLES
Beetroot0.02*0.02*0.05*0.01*0.01*0.02*0.1
Carrots0.10.50.05*0.01*0.01*0.02*0.05*
Cassava0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Celeriac0.10.02*0.05*0.01*0.01*0.02*0.05*
Horseradish0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Jerusalem artichokes0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Parsnips0.02*0.50.05*0.01*0.01*0.02*0.05*
Parsley root0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Radishes0.02*0.50.05*0.01*0.01*0.02*0.05*
Salsify0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Sweet potatoes0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Swedes0.02*0.50.05*0.01*0.01*0.02*0.05*
Turnips0.02*0.50.05*0.01*0.01*0.02*0.05*
Yams0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(ii) BULB VEGETABLES
Garlic0.02*0.50.05*0.01*0.01*0.02*0.05*
Onions0.02*0.02*0.05*0.01*0.01*0.10.05*
Shallots0.02*0.50.05*0.01*0.01*0.02*0.05*
Spring onions0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(iii) FRUITING VEGETABLES
(a)Solanacea
Tomatoes2(48)0.02*0.05*0.01*0.01*2(48)0.05*
Peppers0.10.02*0.05*0.01*0.01*0.02*0.05*
Chili peppers0.10.02*0.05*0.01*0.01*0.02*0.05*
Aubergines0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Okra0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(b)Cucurbits-edible peel
Cucumbers0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Gherkins0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Courgettes0.02*0.10.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(c)Cucurbits-inedible peel
Melons0.10.02*0.05*0.01*0.01*10.05*
Squashes0.02*0.02*0.05*0.01*0.01*10.05*
Watermelons0.02*0.02*0.05*0.01*0.01*10.05*
Others0.02*0.02*0.05*0.01*0.01*10.05*
(d)Sweet corn0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(iv) BRASSICA VEGETABLES
(a)Flowering Brassicas
Broccoli0.02*0.02*(13)0.05*(13)0.01*0.01*0.02*0.05*(13)
Cauliflower0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(b)Head Brassicas
Brussels sprouts0.02*0.10.05*0.01*0.01*0.02*0.05*
Head cabbage0.02*0.50.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(c)Leafy Brassicas
Chinese cabbage0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Kale0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(d)Kohlrabi0.02*0.30.05*0.01*0.01*0.050.05*
(v) LEAF VEGETABLES AND FRESH HERBS
(a)Lettuce & similar
Cress0.02*0.10.05*0.01*0.01*0.02*0.05*
Lamb’s lettuce0.02*0.10.05*0.01*0.01*0.02*0.05*
Lettuce0.02*0.02*0.05*0.01*0.01*20.05*
Scarole20.02*(6)0.05*(6)0.01*0.01*0.02*0.05*(6)
Ruccola0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Leaves and stems of brassica0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(b)Spinach & similar
Spinch0.10.10.05*0.01*0.01*0.02*0.5
Beet leaves (chard)0.02*0.02*0.05*0.01*0.01*0.02*0.5
Others0.02*0.02*0.05*0.01*0.01*0.02*0.5
(c)Watercress0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(d)Witloof0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(e)Herbs
Chervil0.02*0.02*0.05*0.01*0.01*0.02*7
Chives0.02*0.02*0.05*0.01*0.01*0.02*7
Parsley0.10.50.05*0.01*20.02*7
Celery leaves0.02*0.02*0.05*0.01*0.01*0.02*7
Others0.02*0.02*0.05*0.01*0.01*0.02*7
(vi) LEGUME VEGETABLES (fresh)
Beans (with pods)2(48)0.02*0.05*0.01*0.01*2(48)0.05*
Beans (without pods)2(48)0.02*0.05*0.01*0.01*2(48)0.05*
Peas (with pods)0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Peas (without pods)0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(vii) STEM VEGETABLES
Asparagus0.02*0.10.05*0.01*0.01*0.02*0.05*
Cardoons0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Celery0.10.50.05*0.01*0.10.02*0.05*
Fennel0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Globe artichokes0.02*0.02*0.05*0.01*0.01*0.02*0.2
Leeks20.10.05*0.01*0.01*0.02*0.05*
Rhubarb0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
(viii) FUNGI
(a)Cultivated mushrooms0.02*0.050.05*0.01*0.01*0.02*0.05*
(b)Wild mushrooms0.02*0.02*0.05*0.01*0.01*0.02*0.05*
3. PULSES
Beans0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Lentils0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Peas0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Lupins0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
4. OILSEEDS
Linseed0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Peanuts0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Poppy seed0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Sesame seed0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Sunflower seed0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Rape seed0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Soya bean0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Mustard seed0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Cotton seed0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Hemp seed0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Others0.02*0.02*0.1*0.01*0.02*0.02*0.1*
5. POTATOES
Early potatoes0.050.02*0.05*0.01*0.01*0.10.05*
Ware potatoes0.050.02*0.05*0.01*0.01*0.10.05*
6. TEA(dried leaves and stalks, fermented or otherwise, Camellia sinensis)0.05*0.05*0.1*0.02*30.05*0.1*
7. HOPS (dried)including hop pellets & unconcentrated powder0.05*0.05*0.1*0.02*0.02*1500.1*
8. SPICES
Cumin seed
Juniper seed
Nutmeg
Pepper, black and white
Vanilla pods
Others
9. CEREALS
Wheat0.02*0.02*0.05*0.01*0.01*20.05*
Rye0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Barley0.02*0.02*0.05*0.01*0.01*20.05*
Sorghum0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Oats0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Triticale0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Maize0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Buckwheat0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Millet0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Rice(1)0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Other cereals0.02*0.02*0.05*0.01*0.01*0.02*0.05*
10. FOODSTUFFS OF ANIMAL ORIGIN
Meat, edible offal, fat & preparations of meat and edible offal(2)0.01*0.050.05*
Milk(3) & Dairy Produce(4)0.01*0.020.05*
Eggs(5)0.01*0.050.05*

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, amend the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 220 “the principal Regulations”).

The Regulations implement Commission Directives 2006/62/EC (O.J. No. L206, 27.7.2006, p. 27) and 2006/92/EC (O.J. No. L311, 10.11.2006, p. 31).

The definition of “the Residues Directives” is updated (regulation 2(2)).

Regulation 2(3) inserts a new entry Phenmedipham into Schedule 1

Regulation 2(4) deletes the columns for the pesticides Captan, Dichlorvos and Ethion from Part I to Schedule 2.

Regulation 2(5) inserts or substitutes maximum residue levels for the pesticides Captan, Dichlorvos, Ethion, Folpet, and Phenmedipham in Part II to Schedule 2 to the principal Regulations.

Regulation 2(6) adds a footnote at the end of Schedule 2.

Regulation 2(7)(a) inserts the new entry Desmedipham into Schedule 1 on the 21st January 2008;

Deletes the column for the pesticide Chlorfenvinphos from Part I to Schedule 2 (regulation 2(7)(b));

Regulation (2(7)(c) inserts new maximum residue levels for the pesticides Chlorfenvinphos, Desmedipham and Phenmedipham (in relation to Cereals and Foodstuffs of Animal Origin) into Part II to Schedule 2.

(5)

O.J. No. L340, 9.12.1976, p. 26, as last amended by Commission Directive 2006/92/EC (O.J. No. L311, 10.11.2006, p. 31)

(6)

O.J. No. L221, 7.8.1986, p. 37, as last amended by Commission Directive 2006/92/EC (O.J. No. L311, 10.11.2006, p. 31)

(7)

O.J. No. L221, 7.8.1986, p. 43, as last amended by Commission Directive 2006/62/EC (O.J. No. L206, 27.7.2006, p. 27)

(8)

O.J. No. L350, 14.12.1990, p. 71, as last amended by Commission Directive 2006/92/EC (O.J. No. L311, 10.11.2006, p. 31)

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