CHAPTER III MRLS APPLICABLE TO PRODUCTS OF PLANT AND ANIMAL ORIGIN

Article 18 Compliance with MRLs
1. A product listed in Part 1 of the MRLs register in relation to a constituent territory must not contain, from the time it is placed on the market as food or feed, or fed to animals in that constituent territory, any pesticide residue exceeding—
(a) the MRL for that product listed in Part 2 or 3 of the MRLs register in relation to that constituent territory;
(b) the level described in paragraphs 1A or 1B, where there is no MRL.
Art. 18(1)-(1B) substituted for Art. 18(1) (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
(1A. Where there is no MRL for a product listed in Part 2 or 3 of the MRLs register in relation to a constituent territory, the level is the default value for an active substance as listed in Part 5 of the MRLs register in relation to that constituent territory (see Article 18A).
(1B. Where in relation to a constituent territory—
(a) there is no MRL for the product in Part 2 or 3 of the MRLs register,
(b) there is no default value for an active substance listed in Part 5 of the MRLs register, and
(c) the active substance is not listed in Part 4 of the MRLs register,
the level applicable is 0.01mg/kg.
2. A competent authority may not prohibit or impede the placing on the market or the feeding to food-producing animals within its constituent territory of the products listed in Part 1 of the MRLs register in relation to its constituent territory on the grounds that they contain pesticide residues provided that:
(a) such products comply with paragraph 1 and Article 20; or
(b) the active substance is listed in Part 4 of the MRLs register in relation to that constituent territory.
Words in Art. 18(2)(b) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 18(2) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 18(2) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 18(2) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
3. By way of derogation from paragraph 1, a competent authority may authorise, further to a post-harvest treatment with a fumigant on its constituent territory, residue levels for an active substance which exceed the limits specified in Part 2 or 3 of the MRLs register in relation to that constituent territory where the active substance/product combinations are listed in Part 7 of the MRLs register in relation to that constituent territory, provided that—
(a) such products are not intended for immediate consumption;
(b) appropriate controls are in place to ensure that such products cannot be made available to the end user or consumer, if they are supplied directly to the latter, until the residues no longer exceed the maximum levels specified in Part 2 or 3 of the MRLs register;
Words in Art. 18(3)(b) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
(c) the other competent authorities have been informed of the measures taken.
Words in Art. 18(3)(c) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(c)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
...
Words in Art. 18(3) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 18(3) omitted (31.12.2020) by virtue of The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
(3A. A competent authority may, in relation to its constituent territory—
(a) define combinations of active substances and products for the purposes of paragraph 3;
(b) modify or withdraw any such combinations.
Art. 18(3A)(3B) inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
(3B. As soon as reasonably practicable after defining, modifying or withdrawing a combination in accordance with paragraph 3A the competent authority must—
(a) notify the other competent authorities of the defining, modifying or withdrawing of the combination and the reason for that decision, and
(b) update the MRLs register accordingly.
4. In exceptional circumstances, and in particular further to the use of plant protection products in accordance with Article 53 of Regulation (EC) No 1107/2009 or pursuant to obligations set out in the EU-derived domestic legislation which transposed Directive 2000/29/EC, a competent authority may authorise the placing on the market and/or the feeding to animals within its constituent territory of treated food or feed not complying with paragraph 1, provided that such food or feed does not constitute an unacceptable risk. ....
Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ( OJ L 169, 10.7.2000, p. 1 ). Directive as last amended by Commission Directive 2007/41/EC ( OJ L 169, 29.6.2007, p. 51 ).
Words in Art. 18(4) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(e)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 18(4) inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(e)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 18(4) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(e)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 18(4) inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(e)(i)(dd); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 18(4) omitted (31.12.2020) by virtue of The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)
(5. Where a competent authority grants an authorisation in accordance with paragraph 4, the competent authority must—
(a) notify the other competent authorities of that authorisation;
(b) as soon as reasonably practicable, undertake an appropriate risk assessment with a view to setting a temporary MRL for a specified period, or taking any other necessary measure in relation to the products to which the authorisation relates.
Art. 18(5)-(7) inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
(6. After the completion of the risk assessment described in paragraph 5(b) the competent authority may set a temporary MRL, and Article 15(3) to (9) applies to any temporary MRL set.
(7. In paragraph 4, “EU-derived domestic legislation” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018.
Substituted by Regulation (EC) No 299/2008 of the European Parliament and of the Council of 11 March 2008 amending Regulation (EC) No 396/2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin, as regards the implementing powers conferred on the Commission.

Article 18A Setting default values for active substances
1. A competent authority may, in relation to its constituent territory, set a default value for an active substance where—
(a) there is no specific MRL for that active substance listed in Part 2 or 3 of the MRLs register in relation to that constituent territory, and
(b) the active substance is not listed in Part 4 of the MRLs register in relation to that constituent territory.
2. A competent authority may modify or withdraw a default value listed in Part 5 of the MRLs register in relation to its constituent territory.
3. When setting, modifying or withdrawing a default value, the competent authority must take into account the routine analytical methods available.
4. As soon as reasonably practicable after setting, modifying or withdrawing a default value the competent authority must—
(a) notify the other competent authorities of the setting, modifying or withdrawing of the default value and the reason for that decision, and
(b) update the MRLs register accordingly.
5. The Secretary of State may set, modify or withdraw a default value in accordance with paragraph 1 or 2 instead of a competent authority—
(a) in relation to Wales, with the consent of the Welsh Ministers;
(b) in relation to Scotland, with the consent of the Scottish Ministers.
6. Where the Secretary of State sets, modifies or withdraws a default value in accordance with paragraph 5, a reference in paragraph 3 or 4 to the competent authority is to be read as a reference to the Secretary of State.
Art. 18A inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(3) (as amended by S.I. 2020/1376, regs. 1(4), 6(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Article 19 Prohibition concerning processed and/or composite products
The processing, and/or mixing for dilution purposes with the same or other products, of the products listed in Part 1 of the MRLs register in relation to a constituent territory not complying with Articles 18(1) or 20 with a view to placing them on the market as food or feed or feeding them to animals in that constituent territory shall be prohibited.
Words in Art. 19 substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 19 inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 20 MRLs applicable to processed and/or composite products
1. Where MRLs are not set out in Part 2 or 3 of the MRLs register in relation to a constituent territory for processed and/or composite food or feed, the MRLs applicable shall be those provided in Article 18(1) for the relevant product listed in Part 1 of the MRLs register in relation to that constituent territory, taking into account changes in the levels of pesticide residues caused by processing and/or mixing.
Words in Art. 20(1) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 20(1) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
2. A competent authority may, in relation to its constituent territory—
(a) specify concentration factors or dilution factors for—
(i) specified processing or mixing operations, or
(ii) specified processed or composite products;
(b) modify or withdraw any such factors.
Art. 20(2)-(5) substituted for Art. 20(2) (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(5)(b) (as amended by S.I. 2020/1376, regs. 1(4), 6(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)
(3. As soon as reasonably practicable after specifying, modifying or withdrawing concentration or dilution factors in accordance with paragraph 2 the competent authority must—
(a) notify the other competent authorities of the specifying, modifying or withdrawing of the factors and the reason for that decision, and
(b) update Part 6 of the MRLs register accordingly.
(4. The Secretary of State may specify, modify or withdraw concentration or dilution factors in accordance with paragraph 2 instead of a competent authority—
(a) in relation to Wales, with the consent of the Welsh Ministers;
(b) in relation to Scotland, with the consent of the Scottish Ministers.
(5. Where the Secretary of State specifies, modifies or withdraws concentration or dilution factors in accordance with paragraph 4, a reference in paragraph 3 to the competent authority is to be read as a reference to the Secretary of State.