The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 3) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which are made under section 2(2) of the European Communities Act 1972, amend the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2005 (“the principal Regulations”).

These Regulations implement Commission Directives 2007/27/EC (O.J. No. L 128, 16.05.07, p.31), 2007/28/EC (O.J. No. L 135, 26.05.07, p.6) and 2007/39/EC (O.J. No. L 165, 27.06.07, p.25).

The Regulations come into force, in stages, on 17th and 27th November and 28th December 2007.

The Regulations substitute or insert–

(a) new residue definitions for the pesticides 1-methylcyclopropene, Etoxazole, Indoxacarb, Maleic hydrazide, MCPA and MCPB, Mesosulfuron-methyl, Tolylfluanid and Triticonazole 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 the pesticides 1-methylcyclopropene, Azoxystrobin, Chlorfenapyr, Diazinon, Etoxazole, Folpet, Indoxacarb, Iprodione, Lambda-cyhalothrin, Maleic hydrazide, MCPA and MCPB, Mesosulfuron-methyl, Metalaxyl, Penconazole, Tolylfluanid, Trifloxystrobin and Triticonazole in Schedule 2 to the principal Regulations.

Regulation 3(1) updates the definition of the Residues Directive to include those amendments up to the time of the making of these Regulations. The substance of the amendments is incorporated into Schedules 1, 2 and 3 of the principal Regulations.

Regulation 3(3)(c) corrects errors in certain maximum residue levels for Penconazole in the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 2007 (S.S.I. 2007/306).

A Regulatory Impact Assessment (“RIA”) was prepared in respect of the principal Regulations which provides a basis for establishing the impact of amendments to those Regulations. Copies of the RIA can be obtained from the Scottish Government Rural Directorate, Area 1B, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY. Copies have been placed in the Scottish Parliament Information Centre.