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

Scottish Statutory Instruments

2001 No. 84

AGRICULTURE

PESTICIDES

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

Made

7th March 2001

Laid before the Scottish Parliament

8th March 2001

Coming into force

1st April 2001

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972M1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Marginal Citations

M1 1972 c.68; section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15. The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2001 and shall come into force on 1st April 2001.

(2) These Regulations extend to Scotland only.

Amendment of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 S

2.—(1) The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 M2 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 at the appropriate place in alphabetical order in column 1 there shall be inserted together with the corresponding entry in column 2, as follows:—

Column 1	Column 2
Pesticide	Residues
Aldicarb	sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb
Aminotrinzole (Amitrole)	Aminotrinzole
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
Fenvalerate 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, the entry for the pesticide in column 1 of the following table shall be deleted in relation to the crop in the corresponding entry in column 2 on the date specified in the corresponding entry in relation to that crop in column 3:—

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

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 alphabetical order in column 2;

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

Textual Amendments

F1 Reg. 2(5) revoked (1.12.2002) by The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 2002 (S.S.I. 2002/489), reg. 3(a)

Marginal Citations

M2 S.S.I. 2000/22.

ROSS FINNIE

A member of the Scottish Executive

St Andrews House, Edinburgh

F2 S SCHEDULE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. revoked (1.12.2002) by The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 2002 (S.S.I. 2002/489), reg. 3(a)

Explanatory Note

(This Note is not part of the Regulations)

These Regulations, which extend to Scotland only, amend the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 (S.S.I. 2000/22) (“the Consolidated Regulations”).

The Regulations specify maximum levels of pesticide residues which crops, food and feeding stuffs may contain in implementation of Commission Directives 2000/24/EC (O.J. No. L 107, 4.5.00 p.28), 2000/42/EC (O.J. No. L 158, 30.6.00 p.51), 2000/48/EC (O.J. No. L 197, 3.8.00 p.26), 2000/57/EC (O.J. No. L 244, 29.9.00 p.76) and 2000/58/EC (O.J. No. L 244, 29.9.00 p.78) and amend Community maximum residue levels which have been set previously (regulation 2(2) and (5)).

Additionally, the Regulations remove certain maximum levels which were included in Part 1 of Schedule 2 to the Consolidated Regulations and which have been replaced by the Community maximum residue levels now included in Part 2 of that Schedule (regulation 2(4)).

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

The Regulations amend Schedule 3 to the Consolidated Regulations 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)).