EXPLANATORY NOTE
(This note is not part of the Regulations)
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 91/414/EEC (“Regulation 396/2005”).
Regulation 4 designates the Health and Safety Executive as the national authority for the purposes of Article 38 of Regulation 396/2005. Regulation 5 provides that the functions of the member State in Regulation 396/2005, other than those specified in Article 34 (sanctions) and Article 38 (designation of national authorities), are to be performed by the Health and Safety Executive.
Regulation 6 creates an offence of placing on the market as food or feed, or feeding 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 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 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 for the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 (S.I. 2005/3286), 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 and is available from the Pesticides Safety Directorate, Room 308, Mallard House, Kings Pool, 3 Peasholme Green, York, YO1 7PX. Copies have been placed in the library of each House of Parliament.