The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

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 insert into the principal Regulations references to the pesticides Acibenzolar-S-methyl, Chlorfenapyr, Cinidon-ethyl, Cyclanilide, Cyhalofop butyl, Diquat, Ethofumesate, Famoxadone, Fenhexamid, Fentin acetate, Fentin hydroxide, Florasulam, Flumioxazine, Iprovalicarb, Isoproturon, Metalaxyl-M, Picolinafen, Prosulfuron, Pyraflufen-ethyl and Sulfosulfuron and their residues, to reflect Commission Directives 2003/60/EC, 2003/62/EC and 2003/69/EC (regulation 2(2) and 2(3)). The Regulations specify maximum residue levels of these pesticides which crops, food and feeding stuffs may contain (regulation 2(6)(c)).

The Regulations substitute the maximum residue levels for Aminotriazole (Amitrole), Azoxystrobin, Clofentezine, Hexaconazole, Lambda-cyhalothrin, Myclobutanil and Prochloraz in the principal Regulations with new maximum residue levels to reflect Commission Directives 2003/62/EC and 2003/69/EC. The column of entries headed ‘Aminotriazole (Amitrole)’ is replaced by ‘Amitrole’ (regulation 2(6)(a) and Schedule 1).

To complete implementation of Commission Directive 2002/71/EC (O.J. No. L 225, 22.8.02, p.21), the Regulations remove pesticide residue levels for Omethoate, 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Protection Act 1985, from the list contained in Part 1 of Schedule 2 to the principal Regulations because they have been replaced by Community levels (regulation 2(4)).

Other minor alterations to implement changes of pesticide residue for other pesticides, namely Chlormequat, Dimethoate, Kresoxim-methyl and Maneb, Mancozeb, Metiram, Propineb and Zineb, are made to specified products (regulation 2(5)).

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 2003/60/EC (O.J. No. L 155, 24.6.03, p.15);

(b) Commission Directive 2003/62/EC (O.J. No. L 154, 21.6.03, p.70); and

(c) Commission Directive 2003/69/EC (O.J. No. L 175, 15.7.03, p.37) (regulation 2(7) and Schedule 2).

Regulation 3 makes revocations.

No Regulatory Impact Assessment has been produced in relation to these Regulations.