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

Sampling and analysis

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(1) 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.

(1)

Food 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