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

Laid before Parliament

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 designated1 for the purposes of section 2(2) of the European Communities Act 19722 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 commencementI11

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 20053.

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.

Annotations:
Commencement Information
I1

Reg. 1 in force at 27.4.2006, see reg. 1(3)

Amendment to the Principal RegulationsI22

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

Annotations:
Commencement Information
I2

Reg. 2 in force at 27.4.2006, see reg. 1(3)

The Residues DirectivesI33

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

  • “the Residues Directives” means Directive 76/8954, Directive 86/3625, Directive 86/3636 and Directive 90/6427, 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.

Annotations:
Commencement Information
I3

Reg. 3 in force at 27.4.2006, see reg. 1(3)

Amendments coming into force on 27th April 2006I44

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.

Annotations:
Commencement Information
I4

Reg. 4 in force at 27.4.2006, see reg. 1(3)

Amendments coming into force on 10th May 2006I55

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.

Annotations:
Commencement Information
I5

Reg. 5 in force at 10.5.2006, see reg. 1(4)

Amendments coming into force on 21st April 2007I66

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.

Annotations:
Commencement Information
I6

Reg. 6 in force at 21.4.2007, see reg. 1(5)

D Elis-ThomasPresiding Officer National Assembly for Wales
BachParliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs

I7SCHEDULE 1ENTRIES SUBSTITUTED OR INSERTED IN SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

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

Annotations:
Commencement Information
I7

Sch. 1 in force at 27.4.2006, see reg. 1(3)

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I8SCHEDULE 2ENTRY INSERTED IN SCHEDULE 3 TO THE PRINCIPAL REGULATIONS

Regulation 4(b)(ii)

Annotations:
Commencement Information
I8

Sch. 2 in force at 27.4.2006, see reg. 1(3)

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

I9SCHEDULE 3ENTRIES SUBSTITUTED OR INSERTED IN SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

Regulation 5(a) and 6(a)

Annotations:
Commencement Information
I9

Sch. 3 in force at 27.4.2006, see reg. 1(3)

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

(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 (OJNo. L276, 21.10.2005, p.35), 2005/74/EC (OJNo. L282, 26.10.2005, p.9) and 2005/76/EC (OJNo. 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.