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The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2005

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2.—(1) In these Regulations–

“Directive 76/895” means Council Directive 76/895/EEC relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables(1);

“Directive 86/362” means Council Directive 86/362/EEC on the fixing of maximum levels for pesticide residues in and on cereals(2);

“Directive 86/363” means Council Directive 86/363/EEC on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin(3);

“Directive 90/642” means Council Directive 90/642/EEC on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables(4);

EEA State” means a Member State, Norway, Iceland or Liechtenstein;

“fruit or vegetable” means a product referred to in Article 1 of Directive 90/642;

“maximum residue level” means the maximum quantity of pesticide residue (measured in milligrams per kilogram of product) that a product is permitted to contain under regulation 3;

“pesticide” means any substance, preparation or organism listed in column 1 of Schedule 1;

“pesticide residue” means, in relation to any particular pesticide, the substance specified in column 2 of Schedule 1 in respect of that pesticide;

“product” means any crop, food or feeding stuff specified in Schedules 2 or 3;

“putting into circulation”, in relation to any product, means handing it over (post harvest if the product is a fruit or vegetable), whether or not for consideration and any related expression shall be construed accordingly; and

“the Residues Directives” means Directive 76/895, Directive 86/362, Directive 86/363 and Directive 90/642, in each case as amended on the date these Regulations are made.

(2) The words and expressions “composite food”, “drying” and “processing” when used in regulation 3 or in paragraph (c) or (d) of regulation 5 have the same meaning as when used in the Residues Directives and any related expressions shall be construed accordingly.

(3) Any reference in these Regulations to a numbered Schedule or regulation shall be construed as a reference to the Schedule or, as the case may be, regulation so numbered in these Regulations.

(4) Any reference in any Schedule to these Regulations to any product, figure or pesticide includes any qualifying words relating to that product, figure or pesticide in that Schedule.

(1)

O.J. No. L 340, 9.12.1976, p.26, as last amended by Council Regulation (EC) No. 807/2003 (O.J. No. L 122, 16.5.2003, p.36).

(2)

O.J. No. L 221, 7.8.1986, p.37, as last amended by Commission Directive 2005/48/EC (O.J. No. L 219, 24.8.05, p.29).

(3)

O.J. No. L 221, 7.8.1986, p.43, as last amended by Commission Directive 2005/48/EC (O.J. No. L 219, 24.8.05, p.29).

(4)

O.J. No. L 350, 14.12.1990, p.71, as last amended by Commission Directive 2005/48/EC (O.J. No. L 219, 24.8.05, p.29).

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