The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, further amend the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 (“the principal Regulations”).

The Regulations substitute a new regulation 6(b) in the principal Regulations. The new regulation 6(b)(i) provides for the sampling procedure contained in the Annex to Commission Directive 2002/63/EC to apply for the determination of pesticide residues, maximum levels for which are set by the Community. The maximum levels set by the Community are set out in Part 2 of Schedule 2 to the principal Regulations. The new regulation 6(b)(ii) provides for the sampling of pesticide residues still set nationally to be carried out, so far as is practicable, in accordance with the methods and procedures recommended by the Codex Alimentarius Commission ‘Recommended Method of Sampling for the Determination of Pesticide Residues for compliance with MRLs; CAC/GL 33 – 1999' (regulation 2(2)).

The Regulations insert into the principal Regulations references to the pesticides bentazone, formothion, lindane, metsulfuran methyl, oxydemeton-methyl and pyridate and their residues, to reflect Commission Directives 2002/42/EC, 2002/66/EC, 2002/71/EC and 2002/76/EC (regulation 2(3)).

The Regulations amend references in the principal Regulations to the residues of the pesticides dimethoate and quintozene to reflect Commission Directives 2002/66/EC and 2002/71/EC (regulation 2(4)).

The Regulations remove certain pesticide residues, which had previously been set nationally by virtue of powers contained in the Food and Environment Protection Act 1985, from the list contained in Part 1 of Schedule 2 to the principal Regulations because they have been replaced by Community levels (regulation 2(5)).

The Regulations consolidate Part 2 of Schedule 2 to the principal Regulations to take account of changes and additions to the maximum residue levels that have been set at an EC level since the last substitution of that Part by S.S.I. 2001/84 (regulation 2(6) and Schedule 1).

That Part specifies maximum levels of pesticide residues which crops, food and feeding stuffs may contain, in implementation of Commission Directives 2002/42/EC, 2002/66/EC, 2002/71/EC and 2002/76/EC.

The Regulations also update the definition of “Residue Directives” in the principal Regulations (by substituting Schedule 5 to the principal Regulations) to incorporate–

(a) Commission Directive 2002/42/EC (O.J. No. L 134, 22.5.02, p.29), as amended;

(b) Commission Directive 2002/66/EC (O.J. No. L 192, 20.7.02, p.47);

(c) Commission Directive 2002/71/EC (O.J. No. L 225, 22.8.02, p.21); and

(d) Commission Directive 2002/76/EC (O.J. No. L 240, 7.9.02, p.45) (regulation 2(7) and Schedule 2).

Regulation 3 makes consequential amendments.

No Regulatory Impact Assessment has been produced in relation to these Regulations.