The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No.2) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which are made under section 2(2) of the European Communities Act 1972, amend the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2005 (S.S.I. 2005/599) (“the Principal Regulations”).

These Regulations implement Commission Directives 2006/4/EC (O.J. No. L 23, 27.1.2006, p.69), 2006/9/EC (O.J. No. L 22, 26.1.2006, p.24) and 2006/30/EC (O.J. No. L 75, 14.3.2006, p.7).

Regulations 1 to 3 come into force on 27th July 2006. Regulation 3 makes amendments to the Principal Regulations which–

(a) update the definition of “the Residues Directives”in regulation 2;

(b) substitute certain new maximum residue levels for residues of the pesticides Carbofuran and Diquat in Schedule 2; and

(c) add the product “hemp seed”to the “oil seeds”group of products in Schedule 3, which sets out what parts of products are to be tested for residues.

Regulation 4 comes into force on 15th September 2006. In respect of the Principal Regulations it amends–

(a) Schedule 1, which identifie s the substances residues of which are taken into account in the measuring of residue levels for each pesticide, by substituting the entry for the pesticide group Benomyl, Carbendazim and Thiophanate-methyl with an entry for Benomyl and Carbendazim and in serting an entry for Thiophanate-methyl;

(b) Schedule 2, by substituting new maximum residue levels for residues of Benomyl and Carbendazim and inserting new maximum residue levels for residues of Thiophanate-methyl; and

(c) Schedule 3, by adding the product “okra”to the “fruiting vegetables”group of products.

A Regulatory Impact Assessment (“RIA”) was prepared in respect of the Principal Regulations which provides a basis for establishing the impact of amendments to those Regulations. Copies of the RIA can be o btained from the Scottish Executive Environment and Rural Affairs Department, EPHAS2, Area 1-B, Pentland House, 47 Robb’s Loan, Edinburgh, EH014TY. Copies have been placed in the Scottish Parliament Information Centre.