The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005

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 consolidate and replace the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 (S.I. 1999/3483) as amended by S.I. 2001/1113, S.I. 2001/2420, S.I. 2001/3834, S.I. 2002/1767, S.I. 2002/2723, S.I. 2003/661, S.I. 2003/2591, S.I. 2004/676, S.I. 2004/1393, S.I. 2004/2559, S.I. 2005/432 and S.I. 2005/1725—see regulation 6 and Schedule 4 for revocations.

The Regulations specify maximum levels of pesticide residues which crops, food and feeding stuffs may contain in implementation of Council Directive 76/895/EEC (OJ No. L340, 9.12.1976, p. 26) relating to fruit and vegetables, Council Directive 86/362/EEC (OJ No. L221, 7.8.86, p. 37) and Council Directive 86/363/EEC (OJ No. L221, 7.8.86, p. 43) as regards cereals and products of animal origin, and Council Directive 90/642/EEC (OJ No. L350, 14.12.90, p. 71) as regards certain products of plant origin (including fruit and vegetables), as amended (these Directives as so amended being referred to in these Regulations as “the Residues Directives”).

In particular, these Regulations specify new maximum residue levels on products of plant origin including cereals for the pesticides Carfentrazone-ethyl, Fenamidone, Isoxaflutole, Maleic Hydrazide, Mecoprop, Propyzamide and Trifloxystrobin in implementation of Commission Directive 2005/37/EC (OJ No. L141, 4.6.2005, p. 10); on products of plant origin, cereals and foodstuffs of animal origin for Amitraz in implementation of Commission Directive 2005/46/EC (OJ No. L177, 9.7.2005, p. 35); and on products of plant origin, cereals and foodstuffs of animal origin for Flufenacet, Fosthiazate, Iodosulfuron-methyl sodium, Iprodione, Mesotrione, Molinate, Picoxystrobin, Propiconazole, Silthiofam in implementation of Commission Directive 2005/48/EC (OJ No. L219, 24.8.2005, p. 29).

Regulation 3 also creates offences, specifies penalties, provides defences and confers enforcement powers where maximum residue levels have been exceeded in respect of products put into circulation.

The Regulations also confer powers to seize and dispose of products where maximum residue levels have been exceeded (regulation 4) and prescribe how much of a particular product is to be taken into account in determining whether a maximum residue level has been exceeded in accordance with Council Directive 90/642/EEC (regulation 5(a) and Schedule 3). Provision is also made with regard to the manner for determining whether maximum residue levels have been exceeded when found in dried or processed products or composite foods, so far as these are the subject of the Residues Directives (regulation 5(c) and (d)).

A regulatory impact assessment and transposition note have been prepared in respect of these Regulations. Copies of the assessment and note can be obtained from the Pesticides Safety Directorate, Room 308, Mallard House, Kings Pool, 3 Peasholme Green, York YO1 7PX or via the website www.pesticides.gov.uk. Copies have been placed in the library of each House of Parliament.