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SCOTTISH STATUTORY INSTRUMENTS
2001 No. 221
AGRICULTURE
PESTICIDES
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 2001
Made
8th June 2001
Laid before the Scottish Parliament
11th June 2001
Coming into force
2nd July 2001
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, commencement and extent 1.
- (1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 2001 and shall come into force on 2nd July 2001.
(2) These Regulations extend to Scotland only.
Amendment of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 2.
- (1) The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000[2] shall be amended in accordance with this regulation.
(2) In regulation 2(1), for the definition of "the Residue Directives" there shall be substituted-
"
"the Residue Directives" means Council Directive 86/362/EEC[3] (as amended by Council Directives 88/298/EEC[4], 90/654/EEC[5], 93/57/EEC[6], 94/29/EC[7], 95/39/EC[8], 96/33/EC[9], 97/41/EC[10] and Commission Directives 97/71/EC[11], 98/82/EC[12], 1999/65/EC[13], 1999/71/EC[14], 2000/24[15], 2000/42/EC[16], 2000/48/EC[17], 2000/58/EC[18], 2000/81/EC[19] and 2000/82/EC[20]), together with Council Directive 86/363/EEC[21] (as amended by Council Directives 93/57/EEC, 94/29/EC, 95/39/EC, 96/33/EC, 97/41/EC and Commission Directives 97/71/EC, 98/82/EC, 1999/71/EC, 2000/24, 2000/42/EC, 2000/58/EC, 2000/81/EC and 2000/82/EC) and Council Directive 90/642/EEC[22] (as amended by Council Directives 93/58/EEC[23], 94/30/EC[24], 95/38/EC[25], 95/61/EC[26], 96/32/EC[27], 97/41/EC and Commission Directives 97/71/EC, 98/82/EC, 1999/65/EC, 1999/71/EC, 2000/24, 2000/42/EC, 2000/48/EC, 2000/57/EC[28], 2000/58/EC, 2000/81/EC 2000/82/EC and 2001/35/EC[29])".
(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
Azinphos-ethyl
Azinphos-ethyl
Chlozolinate
Chlozolinate
Dinoterb
Dinoterb
DNOC
DNOC
Monolinuron
Monolinuron
Propham
Propham
Pyrazophos
Pyrazophos
Spiroxamine
Spiroxamine
Tecnazene
Tecnazene
(4) On 1st July 2003, the entry for the pesticide Tecnazene, in relation to lettuce, shall be omitted from Part 1 of Schedule 2.
(5) In each column of Part 2 of Schedule 2 where the expression "(changing 1st July 2001)" appears at the top, that expression shall be omitted and so shall each entry in italic type to which it refers.
(6) In Part 2 of Schedule 2 there shall be inserted in the appropriate places to preserve the alphabetical ordering from left to right, the maximum permitted levels for residues of the pesticides specified in the Schedule to these Regulations, in relation to the products so specified.
(7) In Part 2 of Schedule 2 the maximum residue levels shall be substituted as follows:-
(a) for mg/kg of chlormequat-
(i) on pears delete "0.05*" and insert "0.5";
(ii) on both olives (table consumption) and olives (oil extract) delete "0.05*" and insert "0.1*"; and
(iii) on cultivated mushrooms delete "0.05*" and insert "10";
(b) for mg/kg of chlorothalonil-
(i) on blackberries delete "0.01*" and insert "10"; and
(ii) on bananas delete "2" and insert "0.2";
(c) for mg/kg of dicofol-
(i) on table grapes delete "0.02*" and insert "2"; and
(ii) on tomatoes delete "0.02*" and insert "1";
(d) for mg/kg of diphenylamine-
(i) on apples delete "0.05*" and insert "5"; and
(ii) on pears delete "0.05*" and insert "10"; and
(e) for mg/kg of endosulfan on peppers delete "0.05*" and insert "1".
(8) In the footnotes at the end of Part 2 of Schedule 2 the following shall be added-
"
37.
The residue definition for this MRL is: Spiroxamine carboxylic acid expressed as spiroxamine.
These Regulations, which extend to Scotland only, further amend the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 ("the principal Regulations").
The Regulations update the definition of "Residue Directives" in the principal Regulations to incorporate-
The Regulations specify maximum levels of pesticide residues which crops, food and feeding stuffs may contain in implement of Commission Directives 2000/81/EC, 2000/82/EC and 2001/35/EC (regulation 2(3) to (8)). In regulation 2(7), the reference to diphenylamine is in part implement of Commission Directive 2000/57/EC.
The Regulations delete the maximum residue level of Tecnazene in relation to lettuce from Part 1 of Schedule 2 of the principal Regulations with effect from 1st July 2003 (regulation 2(4)). This residue level had been inserted in Part 1 of Schedule 2 of the principal Regulations by virtue of powers contained in the Food and Environment Protection Act 1985. Community maximum residue levels for Tecnazene are now included in Part 2 of Schedule 2 of the principal Regulations (regulation 2(3) and (6)).
The Regulations also delete maximum levels which became spent on 1st July 2001 (regulation 2(5)) and make a consequential amendment to the footnotes contained in Part 2 of Schedule 2 of the principal Regulations (regulation 2(8)).