These Regulations enforce the provisions of Regulation (EC) No. 396/2005 of the European Parliament and of the Council on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/41/EEC (“Regulation 396/2005”).

Regulation 4 designates the Scottish Ministers as the national authority for the purposes of Article 38 of Regulation 396/2005. Regulation 5 provides that the functions of the member State under Regulation 396/2005 are to be exercised by the Scottish Ministers.

Regulation 6 creates an offence of placing, or causing or permitting to be placed, on the market as food or feed, or feeding or causing or permitting to be fed, to an animal, any product covered by Annex I to Regulation 396/2005, if that product contains pesticide residue levels in excess of those specified in Article 18(1) of that Regulation, as read with Article 20(1). Regulation 7 creates an offence of processing or mixing, or causing or permitting to be processed or mixed, certain products with a view to placing them on the market as food or feed, or feeding them to animals.

Regulation 8 and Schedule 1 set out the powers of inspectors.

Regulation 11 provides that any person guilty of an offence under these Regulations is liable, on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.

A Regulatory Impact Assessment (RIA) was prepared in respect of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2005 (SSI 2005/599), which this instrument revokes and replaces. That RIA provides a basis for establishing the effect that this instrument will have on the costs of business and the voluntary sector. Copies of the RIA can be obtained from the Scottish Government Rural Directorate, Room 259, Pentland House, Robb’s Loan, Edinburgh EH14 1TY. A copy of the RIA has been placed in the Scottish Parliament Information Centre.