The Pesticides (Maximum Residue Levels) (Scotland) Regulations 2008

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Pesticides (Maximum Residue Levels) (Scotland) Regulations 2008 and come into force on 18th November 2008.

(2) These Regulations extend to Scotland only.

Commencement Information

I1 Reg. 1 in force at 18.11.2008, see reg. 1(1)

Interpretation S

2.—(1) In these Regulations–

“inspector” means any person appointed by the Scottish Ministers to be an inspector for the purposes of these Regulations; and

“Regulation 396/2005” means 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 91/414/EEC.

(2) Any reference in these Regulations to Regulation 396/2005 is a reference to that Regulation as amended from time to time.

(3) Expressions used in both these Regulations and Regulation 396/2005 have the same meaning in these Regulations as they have in Regulation 396/2005.

(4) A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15 of the Electronic Communications Act 2000(1).

Commencement Information

I2 Reg. 2 in force at 18.11.2008, see reg. 1(1)

Notices S

3.  Any notice under these Regulations–

(a) must be in writing;

(b) may be subject to conditions; and

(c) may be amended, suspended or revoked by a notice issued by an inspector.

Commencement Information

I3 Reg. 3 in force at 18.11.2008, see reg. 1(1)

Designated national authority S

F1 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 4 omitted (31.12.2020) by virtue of The Fertilisers and Pesticides (EU Exit) (Scotland) (Miscellaneous Amendments etc.) Regulations 2019 (S.S.I. 2019/25), regs. 1, 3(2); 2020 c. 1, Sch. 5 para. 1(1)

Functions of the member State S

F2 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 5 omitted (31.12.2020) by virtue of The Fertilisers and Pesticides (EU Exit) (Scotland) (Miscellaneous Amendments etc.) Regulations 2019 (S.S.I. 2019/25), regs. 1, 3(3); 2020 c. 1, Sch. 5 para. 1(1)

Compliance with maximum residue levels S

6.  It is an offence for any person, without reasonable excuse, to–

(a) place, or cause or permit any other person to place, on the market as food or feed; or

(b) feed, or cause or permit any other person to feed, to any animal,

any product [F3 listed in Part 1 of the MRLs register in relation to Scotland] in breach of Article 18(1) of [F4 Regulation 396/2005] as read with Article 20 of that Regulation.

Textual Amendments

F3 Words in reg. 6 substituted (31.12.2020) by The Fertilisers and Pesticides (EU Exit) (Scotland) (Miscellaneous Amendments etc.) Regulations 2019 (S.S.I. 2019/25), regs. 1, 3(4)(a) (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 6 substituted (31.12.2020) by The Fertilisers and Pesticides (EU Exit) (Scotland) (Miscellaneous Amendments etc.) Regulations 2019 (S.S.I. 2019/25), regs. 1, 3(4)(b) (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I4 Reg. 6 in force at 18.11.2008, see reg. 1(1)

Prohibition on processing and mixing products S

7.  It is an offence for any person, without reasonable excuse, to process or mix, or cause or permit any other person to process or mix, any products specified in Article 19 of Regulation 396/2005 in breach of that Article.

Commencement Information

I5 Reg. 7 in force at 18.11.2008, see reg. 1(1)

Powers of inspectors S

8.  Schedule 1 (powers of inspectors) has effect.

Commencement Information

I6 Reg. 8 in force at 18.11.2008, see reg. 1(1)

Obstruction S

9.  It is an offence–

(a) intentionally to obstruct any person acting in the execution of these Regulations;

(b) knowingly to give any information that is false or misleading to any person acting in the execution of these Regulations;

(c) intentionally to fail to disclose any material particular to any person acting in the execution of these Regulations; or

(d) to fail, without reasonable excuse–

(i) to give any assistance or information that any person acting in the execution of these Regulations may require; or

(ii) to produce any record that any person acting in the execution of these Regulations may require to be produced,

for the performance of that person’s functions under these Regulations.

Commencement Information

I7 Reg. 9 in force at 18.11.2008, see reg. 1(1)

Offences by bodies corporate and Scottish partnerships S

10.—(1) If an offence under these Regulations committed by a body corporate or a Scottish partnership is shown–

(a) to have been committed with the consent or connivance of an officer; or

(b) to be attributable to any neglect on the officer’s part,

the officer as well as the body corporate or Scottish partnership, as the case may be, is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body.

(3) “Officer”–

(a) in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity; and

(b) in relation to a Scottish partnership, means a partner.

Commencement Information

I8 Reg. 10 in force at 18.11.2008, see reg. 1(1)

Penalties S

11.  A person guilty of an offence under these Regulations is liable–

(a) on summary conviction to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

Commencement Information

I9 Reg. 11 in force at 18.11.2008, see reg. 1(1)

Revocations S

12.  Schedule 2 (revoked instruments) has effect.

Commencement Information

I10 Reg. 12 in force at 18.11.2008, see reg. 1(1)

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh