The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 2002
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation and commencement1.
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 2002 and shall come into force on 30th November 2002.
Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 20002.
(1)
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 20002 are amended in accordance with this regulation.
(2)
For paragraph (b) of regulation 6, with effect from 1st December 2002, there is substituted the following paragraph:–
“(b)
the procedure to be followed for sampling for the determination of pesticide residues shall–
(i)
be that set out in the Annex to Commission Directive 2002/63/EC establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC3 for the residues covered by Part 2 of Schedule 2; and
(ii)
so far as is practicable, be that set out in the Codex Alimentarius Commission “Recommended Method of Sampling for the Determination of Pesticide Residues for compliance with MRLs; CAC/GL 33-1999”4 for the residues not covered by Part 2 of Schedule 2;”.
(3)
In Schedule 15, with effect from 1st December 2002, at the appropriate places in alphabetical order in column 1, there are inserted, together with the corresponding entries in column 2, the following entries:–
Column 1
Column 2
Pesticide
Residues
Bentazone
Bentazone (sum of bentazone and conjugates 6 OH-and 8-OH-bentazone expressed as bentazone)
Formothion
Formothion
Lindane
Lindane (Hexachloro-cylohexane γ)
Metsulfuron methyl
Metsulfuron methyl
Oxydemeton-methyl
Oxydemeton-methyl (sum of oxydemeton methyl and demeton-S-methylsulfone expressed as oxydemeton-methyl)
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)
(4)
In Schedule 1, with effect from 1st December 2002, for the entries for Dimethoate and Quintozene in column 1, together with the corresponding entries in column 2, there are substituted the following entries:–
Column 1
Column 2
Pesticide
Residues
Dimethoate
Dimethoate (sum of dimethoate and omethoate expressed as dimethoate)
Quintozene
Quintozene (sum of quintozene and pentachloroaniline expressed as quintozene)
(5)
In Part 1 of Schedule 26, the entries for the pesticides in column 1 of the following table, together with all residue levels relevant thereto, shall be omitted on the dates specified in the corresponding entries in column 2:–
Column 1
Column 2
Pesticide
Residues
Dimethoate
1st January 2003
Hexachlorocyclohexane (HCH γ)
1st December 2002
Parathion
1st May 2003
Quintozene
1st December 2002
(6)
For Part 2 of Schedule 27, with effect from 1st December 2002, there is substituted the Part set out in Schedule 1 to these Regulations.
(7)
For Schedule 58, with effect from 1st December 2002, there is substituted the Schedule set out in Schedule 2 to these Regulations.
Consequential amendments3.
With effect from 1st December 2002, the following enactments are revoked:–
(a)
regulation 2(5) of, and the Schedule to, the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 20019;
(b)
regulation 2(5) to (8) of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 200110;
(c)
regulation 2(3) and (4) of, and Schedule 2 to, the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 3) Regulations 200111; and
(d)
regulation 2(4) and (5) of, and Schedules 1 and 2 to, the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 200212.
ROSS FINNIE
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
SCHEDULE 1
Regulation 2(6)
SCHEDULE 2 Part 1
Regulation 4(1)
SCHEDULE 2
Regulation 2(7)
“SCHEDULE 5DEFINITION OF RESIDUE DIRECTIVES
Regulation 2(1)
“The Residue Directives” means Council Directive 1986/362/EEC13 as amended by
These Regulations, which extend to Scotland only, further amend the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 (“the principal Regulations”).
The Regulations substitute a new regulation 6(b) in the principal Regulations. The new regulation 6(b)(i) provides for the sampling procedure contained in the Annex to Commission Directive 2002/63/EC to apply for the determination of pesticide residues, maximum levels for which are set by the Community. The maximum levels set by the Community are set out in Part 2 of Schedule 2 to the principal Regulations. The new regulation 6(b)(ii) provides for the sampling of pesticide residues still set nationally to be carried out, so far as is practicable, in accordance with the methods and procedures recommended by the Codex Alimentarius Commission ‘Recommended Method of Sampling for the Determination of Pesticide Residues for compliance with MRLs; CAC/GL 33 – 1999' (regulation 2(2)).
The Regulations insert into the principal Regulations references to the pesticides bentazone, formothion, lindane, metsulfuran methyl, oxydemeton-methyl and pyridate and their residues, to reflect Commission Directives 2002/42/EC, 2002/66/EC, 2002/71/EC and 2002/76/EC (regulation 2(3)).
The Regulations amend references in the principal Regulations to the residues of the pesticides dimethoate and quintozene to reflect Commission Directives 2002/66/EC and 2002/71/EC (regulation 2(4)).
The Regulations remove certain pesticide residues, which had previously been set nationally by virtue of powers contained in the Food and Environment Protection Act 1985, from the list contained in Part 1 of Schedule 2 to the principal Regulations because they have been replaced by Community levels (regulation 2(5)).
The Regulations consolidate Part 2 of Schedule 2 to the principal Regulations to take account of changes and additions to the maximum residue levels that have been set at an EC level since the last substitution of that Part by S.S.I. 2001/84 (regulation 2(6) and Schedule 1).
That Part specifies maximum levels of pesticide residues which crops, food and feeding stuffs may contain, in implementation of Commission Directives 2002/42/EC, 2002/66/EC, 2002/71/EC and 2002/76/EC.
The Regulations also update the definition of “Residue Directives” in the principal Regulations (by substituting Schedule 5 to the principal Regulations) to incorporate–
(a)
Commission Directive 2002/42/EC (O.J. No. L 134, 22.5.02, p.29), as amended;
(b)
Commission Directive 2002/66/EC (O.J. No. L 192, 20.7.02, p.47);
(c)
Commission Directive 2002/71/EC (O.J. No. L 225, 22.8.02, p.21); and
(d)
Commission Directive 2002/76/EC (O.J. No. L 240, 7.9.02, p.45) (regulation 2(7) and Schedule 2).
Regulation 3 makes consequential amendments.
No Regulatory Impact Assessment has been produced in relation to these Regulations.
