The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2006

Statutory Instruments

2006 No. 985

AGRICULTURE, ENGLAND AND WALES

PESTICIDES, ENGLAND AND WALES

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2006

Made

27th March 2006

Laid before Parliament

31st March 2006

Coming into force in accordance with regulation 1(3) to (5)

The Secretary of State for Environment, Food and Rural Affairs and the National Assembly for Wales being designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, acting jointly (the National Assembly for Wales acting in relation to Wales only), in exercise of the powers conferred on them by that section, make the following Regulations:

Citation, interpretation and commencement

1.—(1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2006.

(2) In these Regulations “the Principal Regulations” means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005(3).

(3) Subject to paragraphs (4) and (5), these Regulations shall come into force on 27th April 2006.

(4) Regulation 5 shall come into force on 10th May 2006.

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

Amendment to the Principal Regulations

2.  The Principal Regulations are amended in accordance with regulations 3 to 6.

The Residues Directives

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

““the Residues Directives” means Directive 76/895(4), Directive 86/362(5), Directive 86/363(6) and Directive 90/642(7), in each case as amended at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2006.”.

Amendments coming into force on 27th April 2006

4.  Schedules 2 and 3 of the Principal Regulations are amended as follows—

(a) in Schedule 2 (maximum residue levels), for the entries in the columns relating to the pesticides Ethofumesate, Lambda-cyhalothrin, Methomyl thiodicarb, Pymetrozine and Thiabendazole substitute the entries in the columns relating to those pesticides set out in Schedule 1 to these Regulations; and

(b) in Schedule 3—

(i) in paragraph 2(i) (root and tuber vegetables), in column 2, beneath “Carrots” insert “Cassava”; and

(ii) after paragraph 9 (foodstuffs of animal origin) insert the entry set out in Schedule 2 to these Regulations.

Amendments coming into force on 10th May 2006

5.  Schedules 1 and 2 of the Principal Regulations are amended as follows—

(a) in Schedule 1 (pesticide residues), for the entry for Metalaxyl, substitute the entry for Metalaxyl set out in Schedule 3 to these Regulations; and

(b) in Schedule 2, for the entries in the columns relating to Azoxystrobin, Bifenthrin, Cyromazine, Kresoxim-methyl and Metalaxyl, substitute the entries in the columns relating to those pesticides set out in Schedule 1 to these Regulations.

Amendments coming into force on 21st April 2007

6.  Schedules 1 and 2 of the Principal Regulations are further amended as follows—

(a) in Schedule 1—

(i) for the entry for Glyphosate, substitute the two entries for Glyphosate set out in Schedule 3 to these Regulations; and

(ii) in the appropriate place in the alphabetical sequence, insert the entries for the pesticides Bromoxynil, Chlorpropham, Dimethenamid-P, Flazasulfuron, Flurtamone, Ioxynil, Mepanipyrim, Propoxycarbazone, Pyraclostrobin, Quinoxyfen and Zoxamide set out in Schedule 3 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;

(ii) in the appropriate place in the alphabetical sequence, insert the entries in the columns relating to the pesticides Bromoxynil, Chlorpropham, Dimethenamid-P, Flazasulfuron, Flurtamone, Ioxynil, Mepanipyrim, Propoxycarbazone, Pyraclostrobin, Quinoxyfen and Zoxamide set out in Schedule 1 to these Regulations; and

(iii) at the end, insert the footnotes set out at the end of Schedule 1 to these Regulations.

D Elis-Thomas

Presiding Officer National Assembly for Wales

Date 21st March 2006

Bach

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Date 27th March 2006

Regulations 4(a), 5(b) and 6(b)

SCHEDULE 1 ENTRIES SUBSTITUTED OR INSERTED IN SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

Regulation 4(b)(ii)

SCHEDULE 2 ENTRY INSERTED IN SCHEDULE 3 TO THE PRINCIPAL REGULATIONS

Column 1	Column 2	Column 3
Group of products	Products included in the groups	Part of product to which maximum residue levels apply
10. Spices	Cumin seed Juniper berries Nutmeg Pepper, black and white Vanilla pods Others	Whole product

Regulation 5(a) and 6(a)

SCHEDULE 3 ENTRIES SUBSTITUTED OR INSERTED IN SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

Column 1	Column 2
Pesticide	Residue
Bromoxynil	bromoxynil including its esters expressed as bromoxynil
Chlorpropham	(1) for products of plant origin: except potatoes: chlorpropham and the 3-chloroaniline, expressed as chlorpropham potatoes: chlorpropham (2) for foodstuffs of animal origin: chlorpropham and 4'-hydroxychlorpropham-0-sulphonic acid (4-HSA), expressed as chlorpropham
Dimethenamid-P	dimethenamid-P including other mixtures of constituent isomers (sum of isomers)
Flazasulfuron	flazasulfuron
Flurtamone	flurtamone
Glyphosate (except trimesium salt)	glyphosate
Glyphosate (as trimesium salt)	trimethylsulfonium cation resulting from the use of glyphosate
Ioxynil	ioxynil including its esters expressed as ioxynil
Mepanipyrim	mepanipyrim and its metabolite (2-anilino-4-(2-hydroxy-propyl)-6-methylpyrimidine) expressed as mepanipyrim
Metalaxyl	(1) for products of plant origin: metalaxyl including other mixtures of constituent isomers including metalaxyl M (sum of isomers) (2) for foodstuffs of animal origin: metalaxyl
Propoxycarbazone	propoxycarbazone, its salts and 2-hydroxypropoxy-propoxycarbazone, calculated as propoxycarbazone
Pyraclostrobin	pyraclostrobin
Quinoxyfen	quinoxyfen
Zoxamide	zoxamide

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) (England and Wales) Regulations 2005 (S.I. 2005/3286).

The Regulations implement Commission Directives 2005/70/EC (OJ No. L276, 21.10.2005, p.35), 2005/74/EC (OJ No. L282, 26.10.2005, p.9) and 2005/76/EC (OJ No. L293, 9.11.2005, p.14).

Regulations 1 to 4 come into force on 27th April 2006. Regulation 4 makes amendments which substitute certain new maximum residue levels in Schedule 2 to the Principal Regulations. These are maximum residue levels for residues of the pesticides Ethofumesate, Lambda-cyhalothrin, Methomyl, Pymetrozine and Thiabendazole.

Regulation 5 comes into force on 10th May 2006. It amends—

(a) Schedule 1, which identifies the substances residues of which are taken into account in the measuring of residue levels for each pesticide, by replacing the residue for the pesticide Metalaxyl; and

(b) Schedule 2, by substituting new maximum residue levels for residues of the pesticides Azoxystrobin, Bifenthrin, Cyromazine, Kresoxim-methyl and Metalaxyl.

Regulation 6 comes into force on 21st April 2007. It amends—

(a) Schedule 1, by replacing the entry for the pesticide Glyphosate with two new entries for Glyphosate; and by inserting new entries for the pesticides Bromoxynil, Chlorpropham, Dimethenamid-P, Flazasulfuron, Flurtamone, Ioxynil, Mepanipyrim, Propoxycarbazone, Pyraclostrobin, Quinoxyfen and Zoxamide; and

(b) Schedule 2, by replacing the column for the pesticide Glyphosate with the two new columns for Glyphosate; and by inserting new entries in the columns for the pesticides Bromoxynil, Chlorpropham, Dimethenamid-P, Flazasulfuron, Flurtamone, Ioxynil, Mepanipyrim, Propoxycarbazone, Pyraclostrobin, Quinoxyfen and Zoxamide.

A Regulatory Impact Assessment (RIA) was prepared in 2005 when the Principal Regulations were previously consolidated and provides a basis for establishing the impact of amendments to the Principal Regulations of the kind made by these Regulations. A consultation in 2003 indicated that compliance costs were virtually unchanged from those quoted in the 1999 RIA. Copies of the assessment can be obtained from the Pesticides Safety Directorate, Room 308, Mallard House, Kings Pool, 3 Peasholme Green, York Y01 7PX or via the website www.pesticides.gov.uk. Copies have been placed in the library of each House of Parliament.

(1)

S.I. 1972/1811 and, in the case of the National Assembly for Wales, S.I. 2005/2766.

(2)

1972 c. 68.

(3)

S.I. 2005/3286.

(4)

OJ No. L340, 9.12.1976, p.26, as last amended by Commission Directive 2005/70/EC (OJ No. L276, 21.10.2005, p.35).

(5)

OJ No. L221, 7.8.1986, p.37, as last amended by Commission Directive 2005/76/EC (OJ No. L293, 9.11.2005, p.14).

(6)

OJ No. L221, 7.8.1986, p.43, as last amended by Commission Directive 2005/70/EC (OJ No. L276, 21.10.2005, p.35).

(7)

OJ No. L350, 14.12.1990, p.71, as last amended by Commission Directive 2005/76/EC (OJ No. L293, 9.11.2005, p.14).