The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 3) Regulations 2006

Citation, interpretation and commencement

1.—(1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 3) Regulations 2006.

(2) In these Regulations–

“the 2006 Amendment Regulations” means the Pesticides (Maximum Residue Levels in Crops, Foods and Feeding Stuffs) (Scotland) Amendment Regulations 2006(1); and

“the principal Regulations” means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2005(2).

(3) Subject to paragraphs (4) to (7), these Regulations shall come into force on 9th December 2006.

(4) Regulation 4 shall come into force on 30th December 2006.

(5) Regulation 5 shall come into force on 21st January 2007.

(6) Regulation 6 shall come into force on 21st April 2007.

(7) Regulation 7 shall come into force on 30th December 2007.

Amendment of the principal Regulations

2.  The principal Regulations are amended in accordance with regulations 3 to 7.

Amendments coming into force on 9th December 2006

3.—(1) In regulation 2(1) (interpretation), for the definition of “the Residues Directives” substitute–

““the Residues Directives” means Directive 76/895(3), Directive 86/362(4), Directive 86/363(5) and Directive 90/642(6), in each case as amended at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 3) Regulations 2006(7).”.

(2) In Schedule 2 (maximum residue levels)–

(a) for the entries in the columns relating to the pesticides Benomyl and Carbendazim, Chlormequat, Cyazofamid, Fenbutatin Oxide, Fenhexamid, Linuron, Pymetrozine, Thiophanate methyl and Triadimefon and Triadimenol, substitute the entries in the columns relating to those pesticides set out in Schedule 1 to these Regulations;

(b) in the column relating to the pesticide Oxadiargyl, for the entry for the food group 2(v)(a) (lettuce and similar) Lettuce, substitute “0.01*”; and

(c) in the column relating to the pesticide Diquat–

(i) for the entry for the food group 2(iv)(a) (flowering brassicas) Broccoli, substitute “0.05*⁽¹³⁾”; and

(ii) for the entry for the food group 2(v)(a) (lettuce and similar) Scarole, substitute “0.05*⁽⁶⁾”.

(3) In Schedule 3, in paragraph 2(v)(a) (lettuce and similar), in column 2 beneath “Scarole” insert “Ruccola” and beneath that insert “Leaves and stems of brassica”.

Amendments coming into force on 30th December 2006

4.  Schedules 1 (pesticide residues) and 2 (maximum residue levels) of the principal Regulations are amended as follows–

(a) in Schedule 1, for the entry relating to Deltamethrin, substitute the entry for Deltamethrin set out in Schedule 2 to these Regulations; and

(b) in Schedule 2–

(i) for the entries in the columns relating to Carbaryl, Deltamethrin, Endosulfan, Fenitrothion and Methidathion, substitute the entries in the columns relating to those pesticides set out in Schedule 1 to these Regulations; and

(ii) at the end, insert as footnote 47 the footnote numbered (47) set out at the end of Schedule 1 to these Regulations.

Amendments coming into force on 21st January 2007

5.  Schedules 1 (pesticide residues), 2 (maximum residue levels) and 3 of the principal Regulations are amended as follows–

(a) in Schedule 1–

(i) for the entry for Cyfluthrin, substitute the entry for Cyfluthrin set out in Schedule 2 to these Regulations; and

(ii) in the appropriate place in the alphabetical sequence, insert the entry for the pesticide Fenthion set out in Schedule 2 to these Regulations;

(b) in Schedule 2–

(i) for the entries in the columns relating to Abamectin, Atrazine, Azinphos ethyl, Cyfluthrin, Ethephon, Fenpropimorph, Methamidophos, Methomyl thiodicarb, Myclobutanil, Paraquat, Thiabendazole, Triazophos and Trifloxystrobin substitute the entries in the columns relating to those pesticides set out in Schedule 1 to these Regulations; and

(ii) in the appropriate place in the alphabetical sequence, insert the entries in the column relating to the pesticide Fenthion set out in Schedule 1 to these Regulations; and

(c) in Schedule 3, in paragraph 3 (pulses), in column 2, beneath “Peas” insert “Lupins”.

Amendments coming into force on 21st April 2007

6.  Schedules 1 (pesticide residues) and 2 (maximum residue levels) of the principal Regulations are amended as follows–

(a) in Schedule 1–

(i) for the entry for Glyphosate, substitute the two entries for Glyphosate set out in Schedule 2 to these Regulations; and

(ii) in the appropriate place in the alphabetical sequence, insert the entry for the pesticide Pyraclostrobin set out in Schedule 2 to these Regulations; and

(b) in Schedule 2–

(i) for the column relating to Glyphosate, substitute the two columns relating to Glyphosate set out in Schedule 1 to these Regulations; and

(ii) in the appropriate place in the alphabetical sequence, insert the entries in the column relating to the pesticide Pyraclostrobin set out in Schedule 1 to these Regulations.

Amendments coming into force on 30th December 2007

7.  Schedules 1 (pesticide residues) and 2 (maximum residue levels) of the principal Regulations are amended as follows–

(a) in Schedule 1, in the appropriate place in the alphabetical sequence, insert the entry for the pesticide Oxamyl set out in Schedule 2 to these Regulations; and

(b) in Schedule 2, in the appropriate place in the alphabetical sequence, insert the entries in the column relating to the pesticide Oxamyl set out in Schedule 1 to these Regulations.

Amendment to and revocation of part of regulation 6 of the 2006 Amendment Regulations

8.  In regulation 6 (amendments coming into force on 21st April 2007) of the 2006 Amendment Regulations–

(a) in paragraphs (a)(ii) and (b)(ii) omit “Pyraclostrobin”; and

(b) paragraphs (a)(i) and (b)(i) are revoked.

Amendment to Schedule 1 of the 2006 Amendment Regulations

9.  In Schedule 1 (entries substituted or inserted in Schedule 2 to the principal Regulations) of the 2006 Amendment Regulations omit the columns for the pesticides Glyphosate (except trimesium salt), Glyphosate (as trimesium salt) and Pyraclostrobin.

Amendment to Schedule 3 of the 2006 Amendment Regulations

10.  In Schedule 3 (entries substituted or inserted in Schedule 1 to the principal Regulations) of the 2006 Amendment Regulations–

(a) omit “Glyphosate (except trimesium salt)” in column 1 and “glyphosate” in column 2;

(b) omit “Glyphosate (as trimesium salt)” in column 1 and “trimethylsulfonium cation resulting from the use of glyphosate” in column 2; and

(c) omit “Pyraclostrobin” in column 1 and “pyraclostrobin” in column 2.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

16th November 2006