Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002

Prospective

Explanatory Note

(This note is not part of the Regulations.)

These Regulations are made under section 2(2) of the European Communities Act 1972 and section 16(2) of the Food and Environment Protection Act 1985 and consolidate and replace the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (EEC Limits) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 33 as amended by S.R. 1995 No. 461, S.R. 1996 No. 527, S.R. 1997 No. 244, S.R. 1999 No. 114 and S.R. 1999 No. 321) and the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (National Limits) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 32 as amended by S.R. 1995 No. 460, S.R. 1996 No. 526, S.R. 1997 No. 243 and S.R. 1999 No. 320).

To the extent that the Regulations are made under the European Communities Act 1972, regulation 4 and Schedule 2 Part II specify maximum levels of pesticide residues which crops, food and feeding stuffs may contain in implementation of Council Directive 86/362/EEC (O.J. No. L221, 7.8.86, p. 37) and Council Directive 86/363/EEC (O.J. No. L221, 7.8.86, p. 43) as regards cereals and products of animal origin, each as last amended by Commission Directive 2000/58/EC (O.J. No. L244, 29.9.2000, p. 78) and Council Directive 90/642/EEC (O.J. No. L350, 14.12.90, p. 71) as regards certain products of plant origin (including fruit and vegetables), (as amended by Council Directives 93/58/EEC (O.J. No. L211, 23.8.93, p. 6), 94/30/EC (O.J. No. L189, 23.7.94, p. 70), 95/38/EC (O.J. No. L197, 22.8.95, p. 14), 95/61/EC (O.J. No. L292, 7.12.95, p. 27), 96/32/EC (O.J. No. L144, 18.6.96, p. 12), 97/41/EC, (O.J. No. L184, 12.7.97, p. 33) and Commission Directives 97/71/EC (O.J. No. L347, 18.12.97, p. 42), 98/82/EC (O.J. No. L290, 29.10.98, p. 25), 1999/65/EC (O.J. No. L172, 8.7.99, p. 40), 1999/71/EC (O.J. No. L194, 27.7.99, p. 36), 2000/24/EC (O.J. No. L107, 4.5.2000, p. 28), 2000/42/EC (O.J. No. L158, 30.6.2000, p. 51), 2000/48/EC (O.J. No. L197, 3.8.2000, p. 26), 2000/57/EC (O.J. No. L244, 29.9.2000, p. 76), 2000/58/EC (O.J. No. L244, 29.9.2000, p. 78) and 2001/35/EC (O.J. No. L136, 18.5.2001, p. 42)) (these Directives as so amended being referred to in these Regulations as “the Residues Directives”). In particular, these Regulations specify for the first time maximum residue levels for the pesticide Azoxystrobin in implementation of Commission Directive 1999/71/EC. Regulation 4 also creates offences, specifies penalties, provides defences and confers enforcement powers where these maximum residue levels have been exceeded in respect of products put into circulation.

To the extent that these Regulations are made under the Food and Environment Protection Act 1985, they specify maximum levels of pesticide residues which may be left in crops, food and feeding stuffs which are not the subject of the Residues Directives. Since they are made under section 16(2)(k) of that Act, regulation 3 and Schedule 2 Part I do no more than specify the maximum residue level which may be left in a particular product. Offences and penalties for contravention of regulation 3 are prescribed respectively by sections 16(12) and 21(3) of that Act.

The Regulations also confer powers to seize and dispose of products where maximum residue levels have been exceeded (regulation 5) and prescribe how much of a particular product is to be taken into account in determining whether a maximum residue level has been exceeded in accordance with Council Directive 90/642/EEC (regulation 6 and Schedule 3). Provision is also made with regard to the manner for determining whether maximum residue levels have been exceeded when found in dried or processed products or composite foods, so far as these are subject of the Residues Directives (regulation 6).

The Regulations include certain drafting improvements to the preceding legislation, in particular omitting reference to the means by which a pesticide residue may come to be in any product (see regulations 2(3), 3(1) and 4(1)) and clarifying the provisions setting maximum residue levels in their application to dried or processed products or composite foods (see regulations 3(2), 4(2) and (3)).

These Regulations revoke the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (EEC Limits) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 33 as amended by S.R. 1995 No. 461, S.R. 1996 No. 527, S.R. 1997 No. 244, S.R. 1999 No. 114 and S.R. 1999 No. 321) and the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (National Limits) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 32 as amended by S.R. 1995 No. 460, S.R. 1996 No. 526, S.R. 1997 No. 243 and S.R. 1999 No. 320).