The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000

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 Part III 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 1994 (S.I. 1994/1985) and the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1995 to 1999 (S.I. 1995/1483, 1996/1487, 1997/567, 1998/2922 and 1999/1109).

To the extent that the Regulations are made under the European Communities Act 1972, regulation 4 and Schedule 2 Part 2 specify maximum levels of pesticide residues which may be left in crops, food and feeding stuffs 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, 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), each as last amended by Commission Directive 1999/71/EC (O.J. No. L194, 27.7.99, p.36)) (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 pesticides 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 1 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 the subject of the Residues Directives (regulation 6).

These Regulations revoke the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994 (S.I. 1994/1985) and the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1995 to 1999 (S.I. 1995/1483, 1996/1487, 1997/567, 1998/2922 and 1999/1109) (regulation 7 and Schedule 4).