Statutory Rules of Northern Ireland
2006 No. 220
AGRICULTURE
PESTICIDES
Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2006
Made
12th May 2006
Coming into operation
30th June 2006
The Department of Agriculture and Rural Development, being a Department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, makes the following Regulations in exercise of the powers conferred on it by the said section 2(2), and, in respect of the provisions of these Regulations relating to Part I of Schedule 2 to these Regulations, in exercise of the powers conferred on it by section 16(2) of the Food and Environment Protection Act 1985(3), after consultation in accordance with section 16(9) of the said Act of 1985 with the Advisory Committee on Pesticides for Northern Ireland established under section 16(7) of that Act(4):
Citation and commencement
1. These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2006 and shall come into operation on 30th June 2006.
Interpretation
2.—(1) In these Regulations—
“Directive 76/895” means Council Directive 76/895/EEC relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables(5);
“Directive 86/362” means Council Directive 86/362/EEC on the fixing of maximum levels for pesticide residues in and on cereals(6);
“Directive 86/363” means Council Directive 86/363/EEC on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin(7);
“Directive 90/642” means Council Directive 90/642/EEC on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables(8);
“EEA State” means a member State, Norway, Iceland or Liechtenstein;
“fruit or vegetable” means a product referred to in Article 1 of Directive 90/642;
“maximum residue level” means the maximum quantity of pesticide residue (measured in milligrams per kilogram of product) that a product is permitted to contain under regulation 3;
“pesticide” means any substance, preparation or organism listed in column 1 of Schedule 1;
“pesticide residue” means, in relation to any particular pesticide, the substance specified in column 2 of Schedule 1 in respect of that pesticide;
“product” means any crop, food or feeding stuff specified in Schedule 2;
“putting into circulation”, in relation to any product, means handing it over (post-harvest if the product is a fruit or vegetable), whether or not for consideration; and
“the Residues Directives” means Directive 76/895, Directive 86/362, Directive 86/363 and Directive 90/642, in each case as amended at the date of the making of these Regulations.
(2) The expressions “composite food”, “drying”and “processing” when used in regulation 3 or in paragraph (c) or (d) of regulation 5 have the same meaning as when used in the Residues Directives and any related expressions shall be construed accordingly.
(3) The Interpretation Act (Northern Ireland) 1954(9) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Prohibition on putting into circulation products with excess residues
3.—(1) A person shall not put into circulation a product named in Schedule 2 if it contains a quantity of pesticide residue, per kilogram of the product, greater than that specified in that Schedule in respect of that product and the pesticide in question, for the period (if any) specified.
(2) Subject to paragraph (3), paragraph (1) shall also apply in relation to the putting into circulation of—
(a)any product which after drying or processing is obtained from any of the products named in Schedule 2, and
(b)any composite food which includes any of the products named in that Schedule,
as it applies to the products so named.
(3) Where—
(a)paragraph (1) applies in relation to a dried or processed product or a composite food by virtue of paragraph (2), and
(b)in relation to that dried or processed product or composite food no quantity has been specified in Schedule 2 as the maximum residue level in respect of a pesticide residue which may be contained in that dried or processed product or composite food,
paragraph (1) applies as if the maximum residue level in respect of that pesticide residue were the quantity applicable under that Schedule as it has effect by virtue of regulation 5(c) or, as the case may be, (d).
(4) Any person who, without reasonable excuse, contravenes or causes or permits any other person to contravene the prohibition in paragraph (1) shall be guilty of an offence, and shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; and
(b)on conviction on indictment, to a fine.
(5) In any proceedings for an offence under this regulation in relation to any product, whether or not dried or processed or a composite food, it is a defence for the person charged to prove that when the product was put into circulation—
(a)it was so put with the intention of its being exported to a country which is not an EEA State and the contravention of the prohibition in paragraph (1) was caused by the product being treated in a manner—
(i)required by the country of destination in order to prevent the introduction of harmful organisms into its territory; or
(ii)necessary to protect the product from harmful organisms during transport to the country of destination and storage there, or
(b)it was so put with the intention that—
(i)it be used in the manufacture of things other than foodstuffs and animal feed; or
(ii)it be used for sowing or planting.
(6) Sections 19 (enforcement powers), 21(5) (offences — penalties etc) and 22 (general defence of due diligence) of, and Schedule 2 (officers and their powers) to, the Food and Environment Protection Act 1985 shall apply for the purposes of this regulation as they apply for the purposes of that Act, taking references therein to that Act or any part of it to be references to this regulation, and the general purposes of that Act to include the purposes of this regulation.
Seizure or disposal of crops, food or feeding stuffs
4.—(1) If any product contains a quantity of pesticide residue greater than that permitted under regulation 3(1), any Northern Ireland department may—
(a)seize or dispose of the consignment containing that product, or any part of it, or require the owner or any person appearing to be in charge of it to dispose of it, or
(b)direct the owner or any person appearing to be in charge of it to take such remedial action as appears to that department to be necessary.
(2) Paragraph (1) applies to any product put into circulation in circumstances referred to in regulation 3(5)(a) or (b) as it applies to other products.
Sampling and analysis
5. In determining for the purposes of regulation 3(1) whether the quantity of pesticide residue contained in any product exceeds the maximum residue level—
(a)in relation to any product specified in column 2 of Schedule 3 (and falling within a group of products specified in column 1 of that Schedule) the whole or part only of that product shall, so far as is practicable, be taken into account as specified in column 3 of that Schedule;
(b)the procedure to be followed for sampling for the determination of pesticide residues shall be that set out in the Annex to Commission Directive 2002/63/EC(10);
(c)in the case of any product which has been dried or processed, Schedule 2 shall have effect where, in relation to a pesticide residue, no such maximum residue level is specified therein for the product in its dried or processed form, as if the maximum residue level specified in that Schedule in respect of that pesticide residue and in relation to the product in question were subject to an adjustment to take account of the concentration of the product caused by the drying process or, as the case may be, the dilution or concentration of the product caused by the processing; and
(d)in a case where a product listed in Schedule 2 has been mixed with other products or ingredients to form a composite food, that Schedule shall have effect, in relation to that composite food, as if the products which have been mixed to form the composite food had not been mixed and accordingly the maximum residue levels specified for each of the pesticide residues specified applied in relation to each of those products separately taking into account—
(i)the relative concentrations of each of the products in the composite food; and
(ii)the provisions of paragraph (c).
Revocations
6. The Regulations specified in Schedule 4 are revoked.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 12th May 2006.
L.S.
R. Jordan
A senior officer of the
Department of Agriculture and Rural Development
Regulation 2(1)
SCHEDULE 1PESTICIDE RESIDUES
| Column 1 | Column 2 |
|---|---|
| Pesticide | Residue |
| 1,1-Dichloro-2,2-bis (4-ethyl-phenyl-) ethane | 1,1-dichloro-2,2-bis (4-ethyl-phenyl-) ethane |
| 1,2-Dibromoethane | (1) for products of plant origin other than cereals: 1,2-dibromoethane (ethylene dibromide) (2) for cereals: 1,2-dibromoethane |
| 1,2-Dichloroethane | 1,2-dichloroethane |
| 2,4-D | (1) for products of plant origin: 2,4-D (sum of 2,4-D and its esters) expressed as 2,4-D (2) for foodstuffs of animal origin: 2,4-D |
| 2,4-DB | 2,4-DB |
| 2,4,5-T | 2,4,5-T |
| Abamectin | abamectin (sum of avermectin B1a, avermectin B1b and delta-8, 9 isomer of avermectin B1a) |
| Acephate | acephate |
| Acibenzolar-S-methyl | acibenzolar-S-methyl |
| Aldicarb | sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb |
| Aldrin and Dieldrin | (1) for products of plant origin other than cereals: aldrin and dieldrin combined expressed as dieldrin (2) for cereals and foodstuffs of animal origin: aldrin and dieldrin singly or combined, expressed as dieldrin (HEOD) |
| Amitraz | amitraz including the metabolites containing the 2,4 dimethylaniline moiety expressed as amitraz |
| Amitrole | amitrole |
| Aramite | aramite |
| Atrazine | atrazine |
| Azimsulfuron | azimsulfuron |
| Azinphos-ethyl | azinphos-ethyl |
| Azinphos-methyl | azinphos-methyl |
| Azocyclotin and Cyhexatin | azocyclotin and cyhexatin (sum of azocyclotin and cyhexatin expressed as cyhexatin) |
| Azoxystrobin | azoxystrobin |
| Barban | barban |
| Benalaxyl | benalaxyl |
| Benfuracarb | benfuracarb |
| Benomyl, Carbendazim | (1) for products of plant origin other than cereals: sum of benomyl and carbendazim, expressed as carbendazim (2) for cereals: benomyl and carbendazim, expressed as carbendazim (3) for foodstuffs of animal origin: for carbendazim only: carbendazim and thiophanate-methyl, expressed as carbendazim |
| Thiophanate-methyl | (1) for products of plant origin: thiophanate-methyl (2) for foodstuffs of animal origin: carbendazim and thiophanate- methyl, expressed as carbendazim |
| Bentazone | bentazone (sum of bentazone and conjugates 6-OH- and 8-OH- bentazone expressed as bentazone) |
| Bifenthrin | bifenthrin |
| Binapacryl | binapacryl |
| Bitertanol | bitertanol |
| Bromophos-ethyl | bromophos-ethyl |
| Bromopropylate | bromopropylate |
| Bromoxynil | bromoxynil including its esters expressed as bromoxynil |
| Camphechlor (Toxaphene) | (1) for products of plant origin other than cereals: camphechlor (toxaphene) (2) for cereals: camphechlor (chlorinated camphen with 67-69% chlorine) (3) for foodstuffs of animal origin: camphechlor (sum of the three indicator compounds Palar No 26 (2-endo, 3-exo, 5-endo, 6-exo, 8, 8, 10, 10-octachlorobornane), Palar No 50 (2-endo, 3-exo, 5-endo, 6-exo, 8, 8, 9, 10, 10-nonachlorobornane) and Palar No 62 (2, 2, 5, 5, 8, 9, 9, 10, 10-nonachlorobornane) |
| Captafol | captafol |
| Captan | captan |
| Carbaryl | carbaryl |
| Carbofuran | sum of carbofuran and 3-hydroxy-carbofuran, expressed as carbofuran |
| Carbon disulphide | carbon disulphide |
| Carbon tetrachloride | carbon tetrachloride |
| Carbosulfan | carbosulfan |
| Carfentrazone-ethyl | carfentrazone-ethyl (determined as carfentrazone and expressed as carfentrazone-ethyl) |
| Cartap | cartap |
| Chlorbenside | chlorbenside |
| Chlorbufam | chlorbufam |
| Chlordane | (1) for products of plant origin other than cereals: chlordane (sum of cis- and trans-chlordane) (2) for cereals: chlordane (sum of cis- and trans-isomers expressed as chlordane) (3) for foodstuffs of animal origin: (sum of cis- and trans-isomers and oxychlordane expressed as chlordane) |
| Chlorfenapyr | chlorfenapyr |
| Chlorfenson | chlorfenson |
| Chlorfenvinphos | sum of E- and Z-isomers of chlorfenvinphos |
| Chlormequat | chlormequat |
| Chlorobenzilate | chlorobenzilate |
| Chlorothalonil | chlorothalonil |
| Chloroxuron | chloroxuron |
| Chlorpropham | (1) for products of plant origin (except potatoes): chlorpropham and 3-chloroaniline expressed as chlorpropham, potatoes: chlor-propham (2) for foodstuffs of animal origin: chlorpropham and 49-hydroxychlorpropham-0-sulphonic acid (4-HSA), expressed as chlorpropham |
| Chlorpyrifos | chlorpyrifos |
| Chlorpyrifos-methyl | chlorpyrifos-methyl |
| Chlozolinate | chlozolinate |
| Cinidon-ethyl | cinidon-ethyl (sum of cinidon-ethyl and its E-isomer) |
| Clofentezine | (1) for products of plant origin other than cereals: clofentezine (2) for cereals and foodstuffs of animal origin: clofentezine (sum of all compounds containing the 2-chlorobenzoyl moiety expressed as clofentezine) |
| Cyazofamid | cyazofamid |
| Cyclanilide | cyclanilide |
| Cyfluthrin | (1) for products of plant origin other than cereals: cyfluthrin and b- cyfluthrin (sum of isomers) (2) for cereals and foodstuffs of animal origin: cyfluthrin, including other mixed isomeric constituents (sum of isomers) |
| Cyhalofop butyl | cyhalofop butyl (sum of cyhalofop butyl and its free acids) |
| Cypermethrin | cypermethrin, including other mixtures of constituent isomers (sum of isomers) |
| Cyromazine | cyromazine |
| Daminozide | sum of daminozide and 1,1 -dimethyl-hydrazine expressed as daminozide |
| DDT | sum of pp9-DDT, op9-DDT, pp9-DDE and pp9-TDE (DDD) expressed as DDT |
| Deltamethrin | deltamethrin |
| Diallate | diallate |
| Diazinon | diazinon |
| Dichlofluanid | dichlofluanid |
| Dichlorprop | dichlorprop (including dichlorprop P) |
| Dichlorvos | dichlorvos |
| Dicofol | (1) for products of plant origin and for foodstuffs of animal origin: except liver of cattle, sheep and goats: sum of P, P9 and O, P9 isomers (2) for foodstuffs of animal origin: liver of cattle sheep and goats: 1.1-bis-(parachlorophenol)-2,2-dichloroethanol (PP9-FW152), expressed as dicofol |
| Diflubenzuron | diflubenzuron |
| Dimethenamid-P | dimethenamid-P including other mixtures of constituent isomers (sum of isomers) |
| Dimethipin | dimethipin |
| Dimethoate | dimethoate (sum of dimethoate and omethoate expressed as dimethoate) |
| Dinoseb | dinoseb |
| Dinoterb | dinoterb |
| Dioxathion | dioxathion |
| Diphenylamine | diphenylamine |
| Diquat | diquat |
| Disulfoton | sum of disulfoton, disulfoton sulphoxide and disulfoton sulphone expressed as disulfoton |
| DNOC | DNOC |
| Endosulfan | sum of alpha- and beta- isomers and of endosulfan sulphate, expressed as endosulfan |
| Endrin | endrin |
| Ethephon | ethephon |
| Ethion | ethion |
| Ethofumesate | ethofumesate (sum of ethofumesate and the metabolite 2, 3-dihydro-3,3-dimethyl-2-oxo-benzofuran-5-yl methane sulphonate expressed as ethofumesate) |
| Ethoxysulfuron | ethoxysulfuron |
| Ethylene oxide | ethylene oxide (sum of ethylene oxide and 2-chloro-ethanol expressed as ethylene oxide) |
| Famoxadone | famoxadone |
| Fenamidone | fenamidone |
| Fenamiphos | fenamiphos (sum of fenamiphos and its sulphoxide and sulphone expressed as fenamiphos) |
| Fenarimol | fenarimol |
| Fenbutatin oxide | fenbutatin oxide |
| Fenchlorphos | fenchlorphos (sum of fenchlorphos and fenchlorphos oxon, expressed as fenchlorphos) |
| Fenhexamid | fenhexamid |
| Fenitrothion | fenitrothion |
| Fenpropimorph | (1) for products of plant origin: fenpropimorph (2) for foodstuffs of animal origin: fenpropimorph carboxylic acid (BF 421-2) expressed as fenpropimorph |
| Fentin | fentin expressed as triphenyltin cation |
| Fentin acetate | fentin acetate |
| Fentin hydroxide | fentin hydroxide |
| Fenvalarate and Esfenvalerate | (1) sum of RR and SS isomers (2) sum of RS and SR isomers |
| Flazasulfuron | flazasulfuron |
| Florasulam | florasulam |
| Flucythrinate | (1) for products of plant origin other than cereals: flucythrinate (2) for cereals and foodstuffs of animal origin: sum of isomers expressed as flucythrinate |
| Flufenacet | (1) for products of plant origin other than cereals: flufenacet (sum of all compounds containing the N fluorophenyl-N-isopropyl moiety expressed as flufenacet) (2) for cereals: flufenacet (sum of all compounds containing the N fluorophenyl-N-isopropyl moiety expressed as flufenacet equivalent) |
| Flumioxazine | flumioxazine |
| Flupyrsulfuron-methyl | flupyrsulfuron-methyl |
| Flurochloridone | flurochloridone |
| Fluroxypyr | (1) for products of plant origin: fluroxypyr and its esters expressed as fluroxypyr (2) for foodstuffs of animal origin: fluroxypyr |
| Flurtamone | flurtamone |
| Folpet | folpet |
| Foramsulfuron | foramsulfuron |
| Formothion | formothion |
| Fosthiazate | fosthiazate |
| Furathiocarb | furathiocarb |
| Glyphosate (except trimesium salt) | glyphosate |
| Glyphosate (as trimesium salt) | trimethylsulfonium cation resulting from the use of glyphosate |
| Heptachlor | sum of heptachlor and heptachlor epoxide, expressed as heptachlor |
| Hexachlorobenzene (HCB) | hexachlorobenzene |
| Hexachlorocyclohexane (HCH) | HCH, sum of isomers except the gamma isomer |
| Hexaconazole | hexaconazole |
| Hydrogen cyanide | hydrogen cyanide, cyanides expressed as hydrogen cyanide |
| Hydrogen phosphide | hydrogen phosphide, phosphides expressed as hydrogen phosphide |
| Imazalil | imazalil |
| Imazamox | imazamox |
| Inorganic bromide | inorganic bromide determined and expressed as total bromine from sources |
| Iodosulfuron-methyl sodium | iodosulfuron-methyl sodium (iodosulfuron-methyl including salts, expressed as iodosulfuron-methyl) |
| Ioxynil | ioxynil including its esters expressed as ioxynil |
| Iprodione | (1) for products of plant origin: iprodione (2) for foodstuffs of animal origin: sum of compounds and all metabolites containing the 3,5-dichloroaniline moiety expressed as 3,5 dichloroaniline |
| Iprovalicarb | iprovalicarb |
| Isoproturon | isoproturon |
| Isoxaflutole | isoxaflutole (sum of isoxaflutole, RPA 202248 (2-cyano-3cyclopropyl-1-(2-methylsulfonyl-4-trifluoromethylphenyl) propane-1,3-dione) and RPA 203328 (2-methane-sulfonyl-4-trifluoromethylbenzoic acid) expressed as isoxaflutole) |
| Kresoxim-methyl | (1) for products of plant origin: kresoxim-methyl (2) for foodstuffs of animal origin:
|
| Lambda-cyhalothrin | (1) for products of plant origin: lambda-cyhalothrin (2) for foodstuffs of animal origin: lambda-cyhalothrin including other mixed isomeric constituents (sum of isomers) |
| Lindane | lindane (hexachloro-cylohexane g) |
| Linuron | linuron |
| Malathion | malathion sum of malathion and malaoxon, expressed as malathion |
| Maleic hydrazide | maleic hydrazide |
| Maneb, Mancozeb, Metiram, Propineb and Zineb | (1) for products of plant origin other than cereals: maneb, mancozeb, metiram, propineb and zineb (sum expressed as CS2) (2) for cereals and foodstuffs of animal origin: determined and expressed as carbon disulphide (CS2) |
| Mecarbam | mecarbam |
| Mecoprop | mecoprop (sum of mecoprop-p and mecoprop expressed as mecoprop) |
| Mepanipyrim | mepanipyrim and its metabolite (2-anilino-4-(2-hydroxy-propyl)-6-methylpyrimidine) expressed as mepanipyrim |
| Mercury compounds | (1) for products of plant origin other than cereals: sum of mercury compounds expressed as mercury (2) for cereals: mercury compounds (3) for foodstuffs of animal origin: sum of mercury compounds |
| Mesotrione | mesotrione (sum of mesotrione and MNBA (4-methyl-sulfonyl-2-nitro benzoic acid), expressed as mesotrione |
| Metalaxyl | (1) for products of plant origin: metalaxyl including other mixtures of constituent isomers including metalaxyl-M (sum of isomers) (2) for foodstuffs of animal origin: metalaxyl |
| Metalaxyl-M | metalaxyl-m |
| Methacrifos | methacrifos |
| Methamidophos | methamidophos |
| Methidathion | methidathion |
| Methomyl thiodicarb | (1) for products of plant origin other than cereals: methomyl/thiodicarb (sum expressed as methomyl) (2) for cereals and for foodstuffs of animal origin: sum of methomyl and thiodicarb expressed as methomyl |
| Methoxychlor | methoxychlor |
| Methyl bromide (bromomethane) | methyl bromide (bromomethane) |
| Metsulfuron methyl | metsulfuron methyl |
| Mevinphos | sum of cis- and trans-mevinphos |
| Molinate | molinate |
| Monocrotophos | monocrotophos |
| Monolinuron | monolinuron |
| Myclobutanil | (1) for products of plant origin: myclobutanil (2) for foodstuffs of animal origin: Alpha -(3-hydroxybutyl) -alpha- (4-chloro-phenyl)- 1H - 1,2,4 -triazole- 1 -propanenitrile (RH 9090) expressed as myclobutanil |
| Nitrofen | nitrofen |
| Oxadiargyl | oxadiargyl |
| Oxasulfuron | oxasulfuron |
| Oxydemeton methyl | oxydemeton methyl (sum of oxydemeton methyl and demeton-S-methylsulfone expressed as oxydemeton methyl) |
| Paraquat | paraquat |
| Parathion | parathion |
| Parathion-methyl | parathion-methyl (sum of parathion-methyl and para-oxon-methyl expressed as parathion-methyl) |
| Penconazole | penconazole |
| Pendimethalin | pendimethalin |
| Permethrin | permethrin (and sum of isomers) |
| Phorate | sum of phorate, its oxygen analogue and their sulfoxides and sulphones expressed as phorate |
| Phosalone | phosalone |
| Phosmet | sum of phosmet and phosmet oxon expressed as phosmet |
| Phosphamidon | phosphamidon |
| Phoxim | phoxim |
| Picolinafen | picolinafen |
| Picoxystrobin | picoxystrobin |
| Pirimiphos-methyl | pirimiphos-methyl |
| Prochloraz | prochloraz (sum of prochloraz and its metabolites containing the 2,4,6 -trichlorophenol moiety expressed as prochloraz) |
| Procymidone | (1) for products of plant origin: procymidone (2) for foodstuffs of animal origin: sum of procymidone and all metabolites containing the 3,5-dichloroaniline moiety expressed as 3,5-dichloroaniline |
| Profenofos | profenofos |
| Prohexadione | prohexadione and its salts expressed as prohexadione |
| Propargite | propargite |
| Propham | propham |
| Propiconazole | propiconazole |
| Propoxur | propoxur |
| Propoxycarbazone | propoxycarbazone, its salts and 2-hydroxypropoxy- propoxycarbazone, calculated as propoxycarbazone |
| Propyzamide | (1) for products of plant origin: propyzamide (2) for foodstuffs of animal origin: sum of propyzamide and all metabolites containing the 3,5-dichlorobenzoic acid fraction expressed as propyzamide |
| Prosulfuron | prosulfuron |
| Pymetrozine | pymetrozine |
| Pyraclostrobin | pyraclostrobin |
| Pyraflufen-ethyl | pyraflufen-ethyl |
| Pyrazophos | pyrazophos |
| Pyrethrins | sum of pyrethrins I and II, cinerins l and II, jasmolins l and II |
| Pyridate | pyridate (sum of pyridate, its hydrolysis product CL 9673 (6-chloro-4-hydroxy-3-phenylpyridazin) and hydrolysable conjugates of CL 9673 expressed as pyridate) |
| Quinalphos | quinalphos |
| Quinoxyfen | quinoxyfen |
| Quintozene | (1) for products of plant origin: quintozene (sum of quintozene, and pentachloroaniline expressed as quintozene) (2) for foodstuffs of animal origin: quintozene |
| Resmethrin | resmethrin, including other mixtures of constituent isomers (sum of isomers) |
| Silthiofam | silthiofam |
| Spiroxamine | (1) for products of plant origin: spiroxamine (2) for foodstuffs of animal origin: spiroxamine carboxylic acid expressed as spiroxamine |
| Sulfosulfuron | sulfosulfuron |
| Tecnazene | tecnazene |
| TEPP | TEPP |
| Thiabendazole | (1) for products of plant origin: thiabendazole (2) for foodstuffs of animal origin: sum of thiabendazole and 5-hydroxy thiabendazole |
| Thifensulfuron methyl | thifensulfuron methyl |
| Triadimefon and Triadimenol | triadimefon and triadimenol (sum of triadimefon and triadimenol) |
| Triasulfuron | triasulfuron |
| Triazophos | triazophos |
| Trichlorfon | trichlorfon |
| Tridemorph | tridemorph |
| Trifloxystrobin | trifloxystrobin |
| Triforine | triforine |
| Vinclozolin | sum of vinclozolin and all metabolites containing 3, 5-dichloroaniline moiety, expressed as vinclozolin |
| Zoxamide | zoxamide |
Regulations 2(1), 3 and 5
SCHEDULE 2
PART IMaximum Residue Levels — National Limits
PART IIMAXIMUM RESIDUE LEVELS — EC LIMITS
Regulation 5(a)
SCHEDULE 3NOTE: THE WORD “FRESH” EXTENDS TO PRODUCTS WHICH HAVE BEEN CHILLED
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Group of products | Products included in the groups | Part of product to which maximum residue levels apply |
| 1. Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar: nuts | ||
(i)CITRUS FRUIT | Grapefruit | } Whole product |
| Lemons | ||
| Limes | ||
| Mandarins (including clementines and similar hybrids) | ||
| Oranges | ||
| Pomelos | ||
| Others | ||
(ii)TREE NUTS (shelled or unshelled) | Almonds | } Whole product after removal of shell |
| Brazil nuts | ||
| Cashew nuts | ||
| Chestnuts | ||
| Coconuts | ||
| Hazelnuts | ||
| Macadamia nuts | ||
| Pecans | ||
| Pine nuts | ||
| Pistachios | ||
| Walnuts | ||
| Others | ||
(iii)POME FRUIT | Apples | } Whole product after removal of stems |
| Pears | ||
| Quinces | ||
| Others | ||
(iv)STONE FRUIT | Apricots | } Whole product after removal of stems |
| Cherries | ||
| Peaches (including nectarines and similar hybrids) | ||
| Plums | ||
| Others | ||
(v)BERRIES AND SMALL FRUIT | (a)Table and wine grapes | } Whole product after removal of caps and stems (if any) and, in the case of currants, fruits with stems |
| ||
| ||
(b)Strawberries (other than wild) | ||
(c)Cane fruit (other than wild) | ||
| ||
| ||
| ||
| ||
| ||
(d)Other small fruit and berries (other than wild) | ||
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(e)Wild berries and wild fruit | ||
(vi)MISCELLANEOUS | Avocados | } Whole fruit after removal of stems (if any) and in the case of pineapple, after removal of the crown } † Whole fruit after removal of stems (if any), after removal of soil (if any) by rinsing in running water |
| Bananas | ||
| Dates | ||
| Figs | ||
| Kiwi fruit | ||
| Kumquats | ||
| Litchis | ||
| Mangoes | ||
| Olives (table consumption)† | ||
| Olives (oil extract) | ||
| Papaya | ||
| Passion fruit | ||
| Pineapples | ||
| Pomegranates | ||
| Others | ||
| 2. Vegetables, fresh or uncooked, frozen or dry | ||
(i)ROOT AND TUBER VEGETABLES | Beetroot | } Whole product after removal of tops and adhering soil (if any) (removal of soil by rinsing in running water or by gentle brushing of the dry product) |
| Carrots | ||
| Cassava | ||
| Celeriac | ||
| Horseradish | ||
| Jerusalem artichokes | ||
| Parsnips | ||
| Parsley root | ||
| Radishes | ||
| Salsify | ||
| Sweet potatoes | ||
| Swedes | ||
| Turnips | ||
| Yams | ||
| Others | ||
(ii)BULB VEGETABLES | Garlic | } For dry onions, shallots and garlic: garlic: whole product after removal of easily detachable skin and soil (if any); onions, shallots and garlic other than dry, spring onions: whole product after removal of roots and soil (if any) |
| Onions | ||
| Shallots | ||
| Spring onions | ||
| Others | ||
(iii)FRUITING VEGETABLES | (a)Solanacea | } Whole product after removal of stems } Kernels or cobs without husks |
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(b)Cucurbits — edible peel | ||
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(c)Cucurbits — inedible peel | ||
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(d)Sweet corn | ||
(iv)BRASSICA VEGETABLES | (a)Flowering brassicas | } Cauliflower and broccoli curd only } Product after removal of decayed leaves (if any) } Whole product after removal of tops and adhering soil (if any) (removal of soil by rinsing in running water or by gentle brushing of the dry product) |
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(b)Head brassicas | ||
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(c)Leafy brassicas | ||
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(d)Kohlrabi | ||
(v)LEAF VEGETABLES AND FRESH HERBS | (a)Lettuce and similar | } Whole product after removal of decayed outer leaves, root and soil (if any) |
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(b)Spinach and similar | ||
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(c)Watercress | ||
(d)Witloof | ||
(e)Herbs | ||
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(vi)LEGUME VEGETABLES (FRESH) | Beans (with pods) | } Whole product after removal of pods or with pods if they are intended to be eaten |
| Beans (without pods) | ||
| Peas (with pods) | ||
| Peas (without pods) | ||
| Others | ||
(vii)STEM VEGETABLES | Asparagus | } Whole product after removal of decayed tissue and soil (if Globe artichokes any); leeks and fennel: whole product after removal of roots and soil (if any) |
| Cardoons | ||
| Celery | ||
| Fennel | ||
| Leeks | ||
| Globe artichokes | ||
| Rhubarb | ||
| Others | ||
(viii)FUNGI | Mushrooms (other than wild) | } Whole product after removal of soil or growing medium |
| Wild Mushrooms | ||
| 3. Pulses | Beans | } Whole product |
| Lentils | ||
| Peas | ||
| Others | ||
| 4. Oil seeds | Linseed | } Whole seed or kernel after removal of shell and husk when possible } * Whole seed, including shell when present, and whole seed without shell, when the shell is absent |
| Peanuts | ||
| Poppy seed | ||
| Rape seed | ||
| Sesame seed | ||
| Sunflower seed* | ||
| Soya bean | ||
| Hemp seed | ||
| Others | ||
| 5. Potatoes | Early potatoes | } Whole product after removal of soil (if any) (removal of soil by rinsing in running water or by gentle brushing of the dry product) |
| Ware potatoes | ||
| 6. Tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis) | } Whole product | |
| 7. Hops (dried), including hop pellets and unconcentrated powder | Whole product | |
| 8. Spices | Cumin seed | } Whole product |
| Juniper berries | ||
| Nutmeg | ||
| Pepper, black and white | ||
| Vanilla pods | ||
| Others | ||
| 9. Cereals | Wheat | } Whole grain without husk |
| Rye | ||
| Barley | ||
| Sorghum | ||
| Oats | ||
| Triticale | ||
| Maize | ||
| Buckwheat | ||
| Millet | ||
| Rice | ||
| Other cereals | ||
| 10. Foodstuffs of animal origin | Meat, fat and preparations of meat Milk Eggs | } Whole commodity (for fat soluble pesticides a portion of carcase fat is analysed and MRLs apply to carcase fat) } Whole commodity } Whole egg whites and yolks combined after removal of shells |
Regulation 6
SCHEDULE 4REVOCATIONS
| Title | Number |
|---|---|
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002 | S.R. 2002 No. 20 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations (Northern Ireland) 2002 | S.R. 2002 No. 27 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) (No. 2) Regulations (Northern Ireland) 2002 | S.R. 2002 No. 250 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations (Northern Ireland) 2003 | S.R. 2003 No. 123 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) (No. 2) Regulations (Northern Ireland) 2003 | S.R. 2003 No. 379 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) (No. 3) Regulations (Northern Ireland) 2003 | S.R. 2003 No. 435 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations (Northern Ireland) 2004 | S.R. 2004 No. 200 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) (No. 2) Regulations (Northern Ireland) 2004 | S.R. 2004 No. 367 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations (Northern Ireland) 2005 | S.R. 2005 No. 51 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment No. 2) Regulations (Northern Ireland) 2005 | S.R. 2005 No. 401 |
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) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 20) as amended by S.R. 2002 No. 27, S.R. 2002 No. 250, S.R. 2003 No. 123, S.R. 2003 No. 379, S.R. 2003 No. 435, S.R. 2004 No. 200, S.R. 2004 No. 367, S.R. 2005 No. 51 and S.R. 2005 No. 401 — see regulation 6 and Schedule 4 for revocations.
To the extent that the Regulations are made under the European Communities Act 1972, regulation 3 and Part II of Schedule 2 specify maximum levels of pesticide residues which crops, food and feeding stuffs may contain in implementation of Council Directive 76/896/EEC (O.J. No. L340, 9.12.1976, p. 26) relating to fruit and vegetables, 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, 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 (these Directives as so amended being referred to in these Regulations as “the Residues Directives”).
In particular, these Regulations specify new maximum residue levels on products of plant origin including cereals for the pesticides Carfentrazone-ethyl, Fenamidone, Isoxaflutole, Maleic Hydrazide, Mecoprop, Mecoprop-P, Propyzamide, Trifloxystrobin in implementation of Commission Directive 2005/37/EC (O.J. No. L141, 4.6.2005, p. 10); on products of plant origin, cereals and foodstuffs of animal origin for Amitraz in implementation of Commission Directive 2005/46/EC (O.J. No. L177, 9.7.2005, p. 35); on products of plant origin, cereals and foodstuffs of animal origin for Flufenacet, Fosthiazate, Iodosulfuron-methyl sodium, Iprodione, Mesotrione, Molinate, Picoxystrobin, Propiconazole, Silthiofam in implementation of Commission Directive 2005/48/EC (O.J. No. L219, 24.8.2005, p. 29); on cereals and certain products of animal and plant origin for Bromoxynil, Dimethenamid-P, Flazasulfuron, Flurtamone, Mepanipyrim, Propoxycarbazone, Pyraclostrobin, Quinoxyfen, Zoxamide in implementation of Commission Directive 2005/70/EC (O.J. No. L276, 21.10.2005, p. 35); on certain products of plant origin including fruit and vegetables for Ethofumesate, Lambda-cyhalothrin, Methomyl, Pymetrozine and Thiabendazole in implementation of Commission Directive 2005/74/EC (O.J. No. L282, 26.10.2005, p. 9); on cereals and certain products of plant origin including fruit and vegetables for Azoxystrobin, Bifenthrin, Cyromazine, Kresoxim-methyl and Metalaxyl in implementation of Commission Directive 2005/76/EC (O.J. No. L293, 9.11.2005, p. 14); on cereals and certain products of plant origin including fruit and vegetables for Carbofuran in implementation of Commission Directive 2006/4/EC (O.J. No. L23, 27.1.2006, p. 69); on certain products of plant origin including fruit and vegetables for Diquat in implementation of Commission Directive 2006/9/EC (O.J. No. L22, 26.1.2006, p. 24) and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables for the Benomyl group in implementation of Commission Directive 2006/30/EC (O.J. No. L75, 14.3.2006, p. 7).
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 the subject of the Residues Directives. Since they are made under section 16(2)(k) of that Act, regulation 3 and Part I of Schedule 2 do no more than specify the maximum residue level which may be left in a particular product.
Regulation 3 also creates offences, specifies penalties, provides defences and confers enforcement powers where maximum residue levels have been exceeded in respect of products put into circulation.
The Regulations also confer powers to seize and dispose of products where maximum residue levels have been exceeded (regulation 4) 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 5(a) 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 the subject of the Residues Directives (regulation 5(c) and (d)).
These Regulations revoke the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 20 as amended by S.R. 2002 No. 27, S.R. 2002 No. 250, S.R. 2003 No. 123, S.R. 2003 No. 379, S.R. 2003 No. 435, S.R. 2004 No. 200, S.R. 2004 No. 367, S.R. 2005 No. 51 and S.R. 2005 No. 401).
S.I. 2000/2812
1972 c. 68 the powers conferred by section 2(2) were extended by virtue of the amendment of section 1(2) of the European Communities Act 1972 by section 1 of the European Economic Area Act 1993 (c. 51)
1985 c. 48; section 16 was amended by the Pesticides (Fees and Enforcement) Act 1989 (c. 27) and by the Pesticides Act 1998 (c. 26); see also section 25(2), and Article 3(4) of the Department (Northern Ireland) Order 1999 S.I. 1999/283 (N.I. 1), and section 25(2A) as inserted by section 1(5) of the Pesticides Act 1998
Established by S.R. 1987 No. 341
O.J. No. L340, 9.12.1976, p. 26, as last amended by Commission Directive 2005/70/EC (O.J. No. L276, 21.10.2005, p. 35)
O.J. No. L221, 7.8.1986, p. 37, as last amended by Commission Directive 2006/30/EC (O.J. No. L75, 14.3.2006, p. 7)
O.J. No. L221, 7.8.1986, p. 43, as last amended by Commission Directive 2006/30/EC (O.J. No. L75, 14.3.2006, p. 7)
O.J. No. L350, 14.12.1990, p. 71, as last amended by Commission Directive 2006/30/EC (O.J. No. L75, 14.3.06, p. 7)
O.J. No. L187, 16.7.2002, p. 30