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The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2007

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Scottish Statutory Instruments

2007 No. 142

AGRICULTURE

PESTICIDES

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2007

Made

1st March 2007

Laid before the Scottish Parliament

5th March 2007

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

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, interpretation and commencementS

1.—(1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2007.

(2) In these Regulations, “the principal Regulations” means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2005(2).

(3) Subject to paragraphs (4) and (5), these Regulations shall come into force on 31st March 2007.

(4) Regulation 4 shall come into force on 11th May 2007.

(5) Regulation 5 shall come into force on 21st January 2008.

Commencement Information

I1Reg. 1 in force at 31.3.2007, see reg. 1(3)

Amendment of the principal RegulationsS

2.  The principal Regulations are amended in accordance with regulations 3 to 5.

Commencement Information

I2Reg. 2 in force at 31.3.2007, see reg. 1(3)

Amendments coming into force on 31st March 2007S

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

““the Residues Directives” means Directive 76/895(3), Directive 86/362(4), Directive 86/363(5) and Directive 90/642(6).”.

(2) In Schedule 2 (maximum residue levels), in the column relating to the pesticide Atrazine, for the entries for all products (Wheat, Rye, Barley, Sorghum, Oats, Triticale, Maize, Buckwheat, Millet, Rice, and Other Cereals), in the food group 8 (Cereals), substitute “0.1”.

Commencement Information

I3Reg. 3 in force at 31.3.2007, see reg. 1(3)

Valid from 11/05/2007

Amendments coming into force on 11th May 2007S

4.  Schedules 1 (pesticide residues) and 2 (maximum residue levels) of the principal Regulations are amended as follows–

(a)in Schedule 1, in the appropriate place in the alphabetical sequence, insert the entry for the pesticide Captan set out in Schedule 1 to these Regulations; and

(b)in Schedule 2–

(i)for the entries in the columns relating to the pesticides Dichlorvos, Ethion and Folpet, substitute the entries in the columns relating to those pesticides set out in Schedule 2 to these Regulations;

(ii)in the appropriate place in the alphabetical sequence, insert the entries in the column relating to the pesticide Captan set out in Schedule 2 to these Regulations; and

(iii)at the end, insert as footnote 48, the footnote numbered (48) set out at the end of Schedule 2 to these Regulations.

Commencement Information

I4Reg. 4 in force at 11.5.2007, see reg. 1(4)

Prospective

Amendments coming into force on 21st January 2008S

5.  Schedules 1 (pesticide residues) and 2 (maximum residue levels) of the principal Regulations are amended as follows–

(a)in Schedule 1, in the appropriate place in the alphabetical sequence, [F1insert the entry for the pesticide Desmedipham] set out in Schedule 1 to these Regulations; and

(b)in Schedule 2–

(i)for the entries in the column relating to the pesticide Chlorfenvinphos substitute the entries in the column relating to that pesticide set out in Schedule 2 to these Regulations; and

(ii)in the appropriate place in the alphabetical sequence, [F2insert the entries in the column relating to the pesticide Desmedipham] set out in Schedule 2 to these Regulations.

Textual Amendments

Commencement Information

I5Reg. 5 in force at 21.1.2008, see reg. 1(5)

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

Valid from 11/05/2007

Regulations 4 and 5

SCHEDULE 1SENTRIES INSERTED IN SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

Commencement Information

I6Sch. 1 in force at 11.5.2007 for specified purposes, see reg. 1(4)

I7Sch. 1 in force at 21.1.2008 in so far as not already in force, see reg. 1(5)

Column 1

Column 2

Pesticide

Residue

Captancaptan
Desmediphamdesmedipham
Phenmedipham

(1) for products of plant origin: phenmedipham

(2) for foodstuffs of animal origin: phenmedipham (Methyl-N-(3-hydroxyphenyl) carbamate (MHPC) expressed as phenmedipham)

Regulations 3, 4 and 5

SCHEDULE 2SENTRIES SUBSTITUTED OR INSERTED IN SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

Commencement Information

I8Sch. 2 in force at 11.5.2007 for specified purposes, see reg. 1(4)

I9Sch. 2 in force at 21.1.2008 in so far as not already in force, see reg. 1(5)

Group to which food belongs

Groups include the following products

Captan

Chlorfenvinphos

Desmedipham

Dichlorvos

Ethion

Folpet

Phenmedipham

Maximum residue levels (MRLs) are expressed in milligrammes of residue per kilogramme of food.

Key:

* Level at or about the limit of determination.

FOOTNOTES:

a

Paddy or rough rice, husked rice and semi-milled or wholly milled rice.

b

Levels are measured on fat, except in the case of foods with a fat content of 10% or less by weight. In these cases the residue is related to the total weight of the boned foodstuff and the MRL is one tenth of the value given in the table, but must be no less than 0.01 mg/kg.

c

These levels are for fresh raw cow’s milk and fresh whole cream cow’s milk expressed on the whole milk.

d

For preserved, concentrated or sweetened cow’s milk; for raw milk and whole cream milk of another animal origin; and for butter, cheese or curd whether made from cow’s milk or other milk or a combination, the following levels apply: -if the fat content is less than 2% by weight, the MRL is taken as half that set for raw milk and whole cream milk; -if the fat content is 2% or more by weight, the MRL is expressed in mg/kg of fat and is set at 25 times that set for raw milk and whole cream milk.

e

Bird’s eggs in shell (other than eggs for hatching) and whole egg products and egg yolk products (whether fresh, dried or otherwise prepared).

f

Scarole includes broad—leaf endive.

g

Broccoli includes calabrese.

h

Sum of captan and folpet.

1. FRUIT, FRESH, DRIED OR UNCOOKED, PRESERVED BY FREEZING NOT CONTAINING ADDED SUGAR: NUTS

i)  CITRUS FRUIT

Grapefruit0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Lemons0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Limes0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Mandarins (inc clementines & similar hybrids)0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Oranges0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Pomelos0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*

ii)  TREE NUTS (Shelled or Unshelled)

Almonds0.30.02*0.05*0.01*0.01*0.02*0.05*
Brazil nuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Cashew nuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Chestnuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Coconuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Hazelnuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Macadamia nuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Pecans0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Pine nuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Pistachios0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Walnuts0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*

iii)  POME FRUIT

Apples3h0.02*0.05*0.01*0.01*3h0.05*
Pears3h0.02*0.05*0.01*0.01*3h0.05*
Quinces3h0.02*0.05*0.01*0.01*3h0.05*
Others3h0.02*0.05*0.01*0.01*3h0.05*

iv)  STONE FRUIT

Apricots30.02*0.05*0.01*0.01*0.02*0.05*
Cherries50.02*0.05*0.01*0.01*20.05*
Peaches (inc nectarines & similar hybrids)0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Plums10.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*

v)  BERRIES AND SMALL FRUIT

a)Table & wine grapes
Table grapes0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Wine grapes0.02*0.02*0.05*0.01*0.01*50.05*
b)Strawberries (other than wild)3h0.02*0.05*0.01*0.01*3h0.1*
c)Cane fruit (other than wild)
Blackberries3h0.02*0.05*0.01*0.01*3h0.05*
Dewberries0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Loganberries0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Raspberries3h0.02*0.05*0.01*0.01*3h0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
d)Other small fruit & berries (other than wild)
Bilberries0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Cranberries0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Currants (red, black & white)3h0.02*0.05*0.01*0.01*3h0.05*
Gooseberries3h0.02*0.05*0.01*0.01*3h0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
e)Wild berries & wild fruit0.02*0.02*0.05*0.01*0.01*0.02*0.05*

vi)  MISCELLANEOUS FRUIT

Avocados0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Bananas0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Dates0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Figs0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Kiwi fruit0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Kumquats0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Litchis0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Mangoes20.02*0.05*0.01*0.01*0.02*0.05*
Olives (Table Consumption)0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Olives (Oil Extract)0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Papaya0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Passion fruit0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Pineapples0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Pomegranates0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*

2. VEGETABLES, FRESH OR UNCOOKED, FROZEN OR DRY

i)  ROOT AND TUBER VEGETABLES

Beetroot0.02*0.02*0.05*0.01*0.01*0.02*0.1*
Carrots0.10.50.05*0.01*0.01*0.02*0.05*
Cassava0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Celeriac0.10.02*0.05*0.01*0.01*0.02*0.05*
Horseradish0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Jerusalem artichokes0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Parsnips0.02*0.50.05*0.01*0.01*0.02*0.05*
Parsley root0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Radishes0.02*0.50.05*0.01*0.01*0.02*0.05*
Salsify0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Sweet potatoes0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Swedes0.02*0.50.05*0.01*0.01*0.02*0.05*
Turnips0.02*0.50.05*0.01*0.01*0.02*0.05*
Yams0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*

ii)  BULB VEGETABLES

Garlic0.02*0.50.05*0.01*0.01*0.02*0.05*
Onions0.02*0.02*0.05*0.01*0.01*0.10.05*
Shallots0.02*0.50.05*0.01*0.01*0.02*0.05*
Spring onions0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*

iii)  FRUITING VEGETABLES

a)Solanacea
Tomatoes2h0.02*0.05*0.01*0.01*2h0.05*
Peppers0.10.02*0.05*0.01*0.01*0.02*0.05*
Chilli Peppers0.10.02*0.05*0.01*0.01*0.02*0.05*
Aubergines0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Okra0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
b)Cucurbits-edible peel
Cucumbers0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Gherkins0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Courgettes0.02*0.10.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
c)Cucurbits-inedible peel
Melons0.10.02*0.05*0.01*0.01*10.05*
Squashes0.02*0.02*0.05*0.01*0.01*10.05*
Watermelons0.02*0.02*0.05*0.01*0.01*10.05*
Others0.02*0.02*0.05*0.01*0.01*10.05*
d)Sweet corn0.02*0.02*0.05*0.01*0.01*0.02*0.05*

iv)  BRASSICA VEGETABLES

a)Flowering Brassicas
Broccoli0.02*0.02*g0.05*g0.01*0.01*0.02*0.05*g
Cauliflower0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
b)Head Brassicas
Brussels sprouts0.02*0.10.05*0.01*0.01*0.02*0.05*
Head cabbage0.02*0.50.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
c)Leafy Brassicas
Chinese cabbage0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Kale0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
d)Kohlrabi0.02*0.30.05*0.01*0.01*0.050.05*

v)  LEAF VEGETABLES AND FRESH HERBS

a)Lettuce & similar
Cress0.02*0.10.05*0.01*0.01*0.02*0.05*
Lamb’s lettuce0.02*0.10.05*0.01*0.01*0.02*0.05*
Lettuce0.02*0.02*0.05*0.01*0.01*20.05*
Scarole20.02*f0.05*f0.01*0.01*0.02*0.05*f
Ruccola0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Leaves and stems of brassica0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*
b)Spinach & similar
Spinach0.10.10.05*0.01*0.01*0.02*0.5
Beet leaves (chard)0.02*0.02*0.05*0.01*0.01*0.02*0.5
Others0.02*0.02*0.05*0.01*0.01*0.02*0.5
c)Watercress0.02*0.02*0.05*0.01*0.01*0.02*0.05*
d)Witloof0.02*0.02*0.05*0.01*0.01*0.02*0.05*
e)Herbs
Chervil0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Chives0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Parsley0.10.50.05*0.01*20.02*0.05*
Celery leaves0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*

vi)  LEGUME VEGETABLES (Fresh)

Beans (with pods)2h0.02*0.05*0.01*0.01*2h0.05*
Beans (without pods)2h0.02*0.05*0.01*0.01*2h0.05*
Peas (with pods)0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Peas (without pods)0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*

vii)  STEM VEGETABLES

Asparagus0.02*0.10.05*0.01*0.01*0.02*0.05*
Cardoons0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Celery0.10.50.05*0.01*0.10.02*0.05*
Fennel0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Globe artichokes0.02*0.02*0.05*0.01*0.01*0.02*0.2
Leeks20.10.05*0.01*0.01*0.02*0.05*
Rhubarb0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*

viii)  FUNGI

a)Cultivated mushrooms0.02*0.050.05*0.01*0.01*0.02*0.05*
b)Wild mushrooms0.02*0.02*0.05*0.01*0.01*0.02*0.05*

3. PULSES

Beans0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Lentils0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Peas0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Lupins0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*

4. OILSEEDS

Linseed0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Peanuts0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Poppy seed0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Sesame seed0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Sunflower seed (with shell)0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Rape seed0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Soya bean0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Mustard seed0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Cotton seed0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Hemp seed0.02*0.02*0.1*0.01*0.02*0.02*0.1*
Others0.02*0.02*0.1*0.01*0.02*0.02*0.1*

5. POTATOES

Early potatoes0.050.02*0.05*0.01*0.01*0.10.05*
Ware potatoes0.050.02*0.05*0.01*0.01*0.10.05*

6. TEA

Tea (dried leaves & stalks, fermented or otherwise, Camellia sinensis)0.05*0.05*0.1*0.02*30.05*0.1*

7. HOPS (Dried)

Hops (dried (including hop pellets & unconcentrated powder))0.05*0.05*0.1*0.02*0.02*1500.1*

8. CEREALS

Wheat0.02*0.02*0.05*0.01*0.01*20.05*
Rye0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Barley0.02*0.02*0.05*0.01*0.01*20.05*
Sorghum0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Oats0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Triticale0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Maize0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Buckwheat0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Millet0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Ricea0.02*0.02*0.05*0.01*0.01*0.02*0.05*
Others0.02*0.02*0.05*0.01*0.01*0.02*0.05*

9. PRODUCTS OF ANIMAL ORIGIN

Meat, edible offal, fat & preparations of meat & edible offalb0.01*0.050.05*
Milkc & Dairy produced0.01*0.020.05*
Eggse0.01*0.05*0.05*

10. SPICES

Cumin seed
Juniper seed
Nutmeg
Pepper, black and white
Vanilla pods
Spices – others

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) (Scotland) Regulations 2005 (“the principal Regulations”).

These Regulations implement Commission Directives 2006/62/EC (O.J. No. L 206, 27.07.06, p.27) and 2006/92/EC (O.J. No. L 311, 10.11.06, p.31) and implement in part Commission Directive 2007/7/EC (O.J. No. L43, 15.02.07, p.19).

The Regulations come into force, in stages, on 31st March 2007, 11th May 2007 and 21st January 2008.

The Regulations substitute or insert–

(a)new residue definitions for the pesticides Captan, Desmedipham and Phenmedipham in Schedule 1 to the principal Regulations which identifies the pesticide residues that are taken into account in the measuring of residue levels for each pesticide; and

(b)new maximum residue levels for the pesticides Atrazine, Captan, Chlorfenvinphos, Desmedipham, Dichlorvos, Ethion, Folpet and Phenmedipham in Schedule 2 to the principal Regulations.

A Regulatory Impact Assessment (“RIA”) was prepared in respect of the principal Regulations which provides a basis for establishing the impact of amendments to those Regulations. Copies of the RIA can be obtained from the Scottish Executive Environment and Rural Affairs Department, EPHAS2, Area 1-B, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY. Copies have been placed in the Scottish Parliament Information Centre.

(1)

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). 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.

(3)

O.J. No. L 340, 9.12.76, p.26, as last amended by Commission Directive 2006/92/EC (O.J. No. L 311, 10.11.06, p.31).

(4)

O.J. No. L 221, 7.8.86, p.37, as last amended by Commission Directive 2006/92/EC (O.J. No. L 311, 10.11.06, p.31).

(5)

O.J. No. L 221, 7.8.86, p.43, as last amended by Commission Directive 2006/62/EC (O.J. No. L 206, 27.07.06, p.27).

(6)

O.J. No. L 350, 14.12.90, p.71, as last amended by Commission Directive 2006/92/EC (O.J. No. L 311, 10.11.06, p.31).

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