The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2001

Statutory Instruments

2001 No. 1113

AGRICULTURE, ENGLAND AND WALES

PESTICIDES

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2001

Made

21st March 2001

Laid before Parliament

22nd March 2001

Coming into force

15th April 2001

The Minister of Agriculture, Fisheries and Food and the National Assembly for Wales, acting jointly (the National Assembly for Wales acting in relation to Wales only), being designatedM1 for the purposes of section 2(2) of the European Communities Act 1972M2 in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on them by that section, and of all other powers enabling them in that behalf, make the following Regulations:

Marginal Citations

M1 S.I. 1972/1811 in the case of the Minister and S.I. 1999/2788 in the case of the National Assembly for Wales.

M2 1972 c.68.

Title, commencement and extent E+W

1.  These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2001; they extend to England and Wales only, and shall come into force on 15th April 2001.

Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feedingstuffs) (England and Wales) Regulations 1999 E+W

2.—(1) The Pesticides (Maximum Residue Levels in Crops, Food and Feedingstuffs) (England and Wales) Regulations 1999 M3 shall be amended in accordance with this regulation.

(2) After paragraph (2) of regulation 4 there shall be inserted—

“(2A) Where there is a changing date at the top of a column in Part 2 of Schedule 2, and an entry is shown in both italic and non-italic type, the figure in italic type is the level until the changing date, and the figure in non-italic type is the level on and after that date.”.

(3) In Schedule 1 there shall be inserted at the appropriate place in columns 1 and 2 the following:

Column 1	Column 2
Pesticide	Residues
Aldicarb	sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb
Aminotriazole (Amitrole)	aminotriazole
Amitraz	amitraz plus its metabolites containing 2,4-dimethylaniline, expressed as amitraz
Aramite	aramite
Azoxystrobin	azoxystrobin
Barban	barban
Bromopropylate	bromopropylate
Chlorbenside	chlorbenside
Chlorbufam	chlorbufam
Chlorfenson	chlorfenson
Chloroxuron	chloroxuron
Diallate	diallate
1,1-dichloro-2,2-bis (4-ethyl-phenyl-) ethane	1,1-dichloro-2,2-bis (4-ethyl-phenyl-) ethane
Fenvalarate and esfenvalerate	fenvalerate and esfenvalerate (sum of isomers)
Flucythrinate	sum of isomers
Folpet	folpet
Kresoxim-methyl	kresoxim-methyl (for plants)
	2-methyloxyimino-2[2-(O-tolyloxymethyl) phenyl] acetic acid (for meat, liver, fat and 2-[2-(4-hydroxy-2-methylphenoxymethyl) phenyl]-2-methoxy-iminoacetic acid (for milk)
Methidathion	methidathion
Methomyl thiodicarb	sum of methomyl and thiodicarb expressed as methomyl
Methoxychlor	methoxychlor
Phoxim	phoxim
Profenophos	profenophos

(4) In Part I of Schedule 2 to those Regulations, the entry for the pesticide in column 1 of the following table shall be deleted in relation to the crop opposite in column 2 on the date specified in column 3:

Column 1	Column 2	Column 3
Pesticide	Crop	Date of deletion
Carbendazim	strawberries (other than wild)	1 July 2001
	raspberries (other than wild)	1 April 2001
Chlorobenzilate	Citrus fruit (the whole group)	1 April 2001
Diazinon	early and ware potatoes	1 July 2001
Dicofol	apricots	1 July 2001
	peaches (incl nectarines and similar hybrids)
	plums
	currants (other than wild) (red, black and white)
	garlic
	cultivated mushrooms
Endosulfan	strawberries (other than wild)	1 July 2001
	blackberries (other than wild)
	currants (other than wild) (red, black and white)
	gooseberries (other than wild)
	early and ware potatoes
Metalaxyl	citrus (whole group)	1 July 2001
Thiabendazole	early potatoes	1 July 2001
Triazophos	garlic/onions and shallots	1 July 2001
	brussels sprouts
	head cabbage
	early and ware potatoes
Vinclozolin	celery	1 April 2001

(5) For Part 2 of Schedule 2 there shall be substituted the Schedule to these Regulations.

(6) In Schedule 3—

(a) in paragraph 1(vi) opposite the Group of products “Miscellaneous fruit" there shall be inserted “Papaya" in the appropriate place in column 2;

(b) in paragraph 2(iii) opposite the Group of products “Fruiting vegetables" in “(a) Solanacea" there shall be inserted “Chilli peppers" between Peppers and Aubergines in column 2.

Marginal Citations

M3 S.I. 1999/3483.

Helen Hayman

Minister of State, Ministry of Agriculture, Fisheries and Food

21st March 2001

Elis Thomas

The Presiding Officer of the National Assembly for Wales

15th March 2001

Regulation 2(5)

SCHEDULE E+W

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to England and Wales only, are made under section 2(2) of the European Communities Act 1972 and amend the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 S.I. 1999/3483.

The Regulations specify maximum levels of pesticide residues which crops, food and feeding stuffs may contain in implementation of Commission Directives 2000/24/EC (OJ No. L107, 4.5.00), 2000/42/EC (OJ No. L158, 30.6.00), 2000/48/EC (OJ No. L197, 3.8.00), 2000/57/EC (OJ No. L244, 29.9.00) and 2000/58/EC (OJ No. L244, 29.9.00) and amend Community maximum residue levels which have been set previously (regulations 2(1), 2(2) and 5).

Further residue definitions are also introduced (regulation 2(3)).

Additionally, the Regulations remove certain maximum levels which were included in Part 1 of Schedule 2 to the Consolidated Regulations 1999 (S.I. 1999/3483) by virtue of powers contained in the Food and Environment Protection Act 1985 and which have been replaced by the Community maximum residue levels now included in Part 2 of that Schedule (regulation 2(4)).

The Regulations also amend Schedule 3 to the Consolidated Regulations 1999 by introducing the new products 'papaya’ and 'chilli peppers’ to reflect the categories specified in Directives 2000/42/EC and 2000/24/EC respectively (regulation 2(6)).

A regulatory impact assessment has been prepared in respect of these Regulations. Copies of this assessment can be obtained from the Pesticides Safety Directorate of the Ministry of Agriculture, Fisheries and Food, Room 313, Mallard House, Kings Pool, 3 Peasholme Green, York YO1 7PX.