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The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2007

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Statutory Instruments

2007 No. 971

Agriculture, england and wales

Pesticides, england and wales

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2007

Made

21st March 2007

Laid before Parliament

27th March 2007

Coming into force in accordance with regulation 1(3)

The Secretary of State for Environment, Food and Rural Affairs and the National Assembly for Wales, are 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.

Acting jointly (the National Assembly for Wales acting in relation to Wales only), in exercise of the powers conferred on them by that section, they make the following Regulations:

Citation, interpretation and commencement

1.—(1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2007.

(2) In these Regulations “the principal Regulations” means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005(3).

(3) These Regulations shall come into force—

(a)for the purposes of regulation 4, on 21st January 2008; and

(b)for all other purposes on 11th May 2007.

Amendments to the principal Regulations

2.  The principal Regulations are amended in accordance with regulations 3 and 4.

Amendments coming into force on 11th May 2007

3.—(1) In regulation 2(1) (interpretation), for the definition of “the Residues Directives” substitute the following definition—

““the Residues Directives” means Directive 76/895, Directive 86/362, Directive 86/363 and Directive 90/642”(4).

(2) In Schedule 1 (pesticide residues), in the appropriate place in the alphabetical sequence, insert the entry for the pesticide Captan set out in Schedule 1 to these Regulations.

(3) In Schedule 2 (maximum residue levels)—

(i)in the appropriate place in the alphabetical sequence, insert the entries in the column relating to the pesticide Captan set out in Schedule 2 to these Regulations;

(ii)for the entries in the columns relating to the pesticides Ethion, Folpet and Dichlorvos, substitute the entries in the columns relating to those pesticides set out in Schedule 2 to these Regulations;

(iii)in the column relating to the pesticide Azinphos-ethyl, for the entry for the food group 1(vi) Pomegranates, substitute “0.02*”.

(iv)at the end, insert as footnote 48 the footnote numbered (48) set out at the end of Schedule 2 to these Regulations.

Amendments coming into force on 21st January 2008

4.  Schedules 1 and 2 of the principal Regulations are amended as follows—

(a)in Schedule 1, in the appropriate places in the alphabetical sequence, insert the entries for the pesticides Desmedipham and Phenmedipham set out in Schedule 1 to these Regulations.

(b)in Schedule 2—

(i)in the appropriate place in the alphabetical sequence, insert the entries in the columns relating to the pesticides Desmedipham and Phenmedipham set out in Schedule 2 to these Regulations; and

(ii)for the entries in the column relating to the pesticide Chlorfenvinphos, substitute the entries in the column relating to that pesticide set out in Schedule 2 to these Regulations.

Dafydd Elis-Thomas

Presiding Officer

National Assembly for Wales

20th March 2007

Jeff Rooker

Minister of State

Department for Environment, Food and Rural Affairs

21st March 2007

Regulations 3 and 4

SCHEDULE 1ENTRIES INSERTED IN SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

Column 1

Pesticide

Column 2

Residue

CaptanCaptan
DesmediphamDesmedipham
Phenmedipham
(1)

for products of plant origin: phenmedipham

(2)

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

Regulations 3 and 4

SCHEDULE 2ENTRIES SUBSTITUTED OR INSERTED IN SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

Group to which food belongsGroups include the following productsCaptanChlorfenvinphosDesmediphamDichlorvosEthionFolpetPhenmedipham
(1)

Paddy or rough rice, husked rice and semi-milled or wholly milled rice.

(2)

Levels are measured on fat, except in the case of foods with a fat content of 10% or less by weight. In these cases the residue is related to the total weight of the boned foodstuff and the MRL is one tenth of the value given in the table, but must be no less than 0.01 mg/kg.

(3)

These levels are for fresh raw cow’s milk and fresh whole cream cow’s milk expressed on the whole milk.

(4)

For preserved, concentrated or sweetened cow’s milk; for raw milk and whole cream milk of another animal origin; and for butter, cheese or curd whether made from cow’s milk or other milk or a combination, the following levels apply: -if the fat content is less than 2% by weight, the MRL is taken as half that set for raw milk and whole cream milk; -if the fat content is 2% or more by weight, the MRL is expressed in mg/kg of fat and is set at 25 times that set for raw milk and whole cream milk.

(5)

Bird’s eggs in shell (other than eggs for hatching) and whole egg products and egg yolk products (whether fresh, dried or otherwise prepared).

(6)

Scarole includes broad—

leaf endive.
(13)

Broccoli includes calabrese.

(48)

Sum of captan and folpet.

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 (inc 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*
Chilli 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
Spinach0.10.10.05*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*0.05*
Chives0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Parsley0.10.50.05*0.01*20.02*0.05*
Celery leaves0.02*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*
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 seed (with shell)0.02*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
Tea (dried leaves & stalks, fermented or otherwise, Camellia sinensis)0.05*0.05*0.1*0.02*30.05*0.1*
7. HOPS (Dried)
Hops (dried (including hop pellets & unconcentrated powder))0.05*0.05*0.1*0.02*0.02*1500.1*
8. 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*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
9. PRODUCTS OF ANIMAL ORIGIN
Meat, edible offal, fat & preparations of meat & edible offal(2)0.01*0.050.05*
Milk(3) & Dairy produce(4)0.01*0.020.05*
Eggs(5)0.01*0.05*0.05*
10. SPICES
Cumin seed
Juniper seed
Nutmeg
Pepper, black and white
Vanilla pods
Spices - others
Maximum residue levels (MRLs) are expressed in milligrammes of residue per kilogramme of food.
Key:
* Level at or about the limit of determination.
FOOTNOTES:

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 (S.I. 2005/3286) (“the principal Regulations”).

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

The Regulations come into force on 11 May 2007 and 21st January 2008.

The Regulations substitute or insert:

(a)new residue definition for certain pesticides in Schedule 1 to the principal Regulations which identifies the pesticide residues that are taken into account in the measuring of residue levels for each pesticide; and

(b)new maximum residue levels for certain pesticides in Schedule 2 to the principal Regulations.

A Regulatory Impact Assessment (RIA) was prepared in 2005 when the principal Regulations were previously consolidated and provides a basis for establishing the impact of amendments to the principal Regulations of the kind made by these Regulations. A consultation in 2003 indicated that compliance costs were virtually unchanged from those quoted in the 1999 RIA. Copies of the assessment can be obtained from the Pesticides Safety Directorate, Room 308, Mallard House, Kings Pool, 3 Peasholme Green, York Y01 7PX or via the website www.pesticides.gov.uk. Copies have been placed in the library of each House of Parliament.

(1)

S.I. 1972/1811 and, in the case of the National Assembly for Wales, S.I. 2005/2766.

(4)

Directives 76/895, 86/362 and 90/642 were last amended by Commission Directive 2006/92/EC (OJ No. L311, 10.11.2006, p.31), Directive 86/363 was last amended by Commission Directive 2006/62/EC (OJ No. L206, 27.7.2006, p.27).

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Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources