The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2003

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 insert into the principal Regulations references to the pesticides abamectin, azocyclotin, bifenthrin, bitertanol, bromopropylate, clofentezine, cyromazine, cyhexatin, fenpropimorph, flucythrinate, hexaconazole, myclobutanil, penconazole, prochloraz, profenofos, resmethrin, tridemorph, triadimefon and triadimenol, triasulfuron, thifensulfuron methyl and 2,4 D and their residues, to reflect Commission Directives 2002/79/EC and 2002/97/EC (regulation 2(2) and 2(3)).

The Regulations substitute the maximum residue levels for azoxystrobin in the principal Regulations with new maximum residue levels to reflect Commission Directive 2002/100/EC.

The Regulations remove pesticide residue levels for bitertanol, 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Protection Act 1985, from the list contained in Part 1 of Schedule 2 to the principal Regulations because they have been replaced by Community levels (regulation 2(4)).

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(5) and Schedule 1).

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 2002/79/EEC (O.J. No. L 291, 28.10.02 p.1);

(b)

Commission Directive 2002/97/EEC (O.J. No. L 343, 18.12.02, p.23);

(c)

Commission Directive 2002/100/EC (O.J. No. L 2, 7.1.03, p.33) (regulation 2(6) and Schedule 2).

Regulation 3 makes consequential amendments.

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