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SCOTTISH STATUTORY INSTRUMENTS
2002 No. 271
AGRICULTURE
PESTICIDES
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2002
Made
5th June 2002
Laid before the Scottish Parliament
7th June 2002
Coming into force
1st September 2002
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 and commencement 1.
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2002 and shall come into force on 1st September 2002.
Amendment to 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] are amended in accordance with this regulation.
(2) In regulation 2(1), for the definition of "the Residues Directives"[3] there is substituted-
"
"the Residue Directives" has the same meaning as it has in Schedule 5 to these Regulations".
(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-
Column 1
Column 2
Pesticide
Residues
Azimsulfuron
Azimsulfuron
Flupyrsulfuron-methyl
Flupyrsulfuron-methyl
Fluroxypyr
Fluroxypyr and its esters expressed as fluroxypyr
Prohexadione
Prohexadione and its salts expressed as prohexadione
Pymetrozine
Pymetrozine
(4) In Part 2 of Schedule 2[4] maximum residue levels are substituted as follows:-
(a) for mg/kg of acephate on peaches (incl nectarines & similar hybrids) delete "0.02*" and insert "0.2";
(b) for mg/kg of chlorothalonil on celeriac delete "0.5" and insert "1";
(c) for mg/kg of cypermethrin on asparagus delete "0.05*" and insert "0.1";
(d) for mg/kg of ethephon on pineapples delete "0.5" and insert "2";
(e) for mg/kg of fenbutatin oxide on peppers delete "0.05*" and insert "1";
(f) for mg/kg of kresoxim-methyl on strawberries (other than wild) delete "0.05*" and insert "0.2";
(g) for mg/kg of kresoxim-methyl on chilli peppers[5] delete "0.05*" and insert "1";
(h) for mg/kg of metalaxyl on spring onions delete "0.05*" and insert "0.2";
(i) for mg/kg of metalaxyl on scarole delete "0.05*" and insert "1";
(j) for mg/kg of metalaxyl on all of the products listed as Herbs in the Leaf Vegetables and Fresh Herbs group delete "0.05*" and insert "1".
(5) In Part 2 of Schedule 2-
(a) for the existing maximum permitted levels for residues of the pesticides amitraz, azoxystrobin and lambda cyhalothrin there are substituted the maximum permitted levels for residues of the pesticides amitraz (sum of amitraz plus all of its metabolites containing the 2.4 dimethyl aniline moiety expressed as amitraz), azoxystrobin and lambda-cyhalothrin specified in Schedule 2 to these Regulations in relation to the products so specified; and
(b) there are inserted, in the appropriate places to preserve the alphabetical ordering from left to right, the maximum permitted levels for residues of the pesticides flupyrsulfuron methyl and pymetrozine specified in Schedule 2 to these Regulations in relation to the products so specified.
(6) After Schedule 4 insert a new Schedule 5, being Schedule 1 to these Regulations.
Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 2001 3.
In regulation 2(4) of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 2001[6] for "July" there is substituted "January".
Consequential revocations 4.
Regulation 2(2) of, and Schedule 1 to, the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 3) Regulations 2001[7] are omitted.
These Regulations, which extend to Scotland only, further amend the provisions of 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-
(a) Commission Directive 2002/5/EC (O.J. No. L 34, 5.2.2002, p.7); and
(b) Commission Directive 2002/23/EC (O.J. No. L 64, 7.3.2002, p.13) (regulation 2 (2) and (6) and Schedule 1).
The Regulations insert into the principal Regulations references to the pesticides azimsulfuron, flupyrsulfuron-methyl, fluroxypyr, prohexadione and pymetrozine and their residues, to reflect Commission Directives 2001/39/EC, 2001/57/EC and 2002/23/EC (regulation 2(3)).
The maximum level for kresoxim-methyl on chilli peppers is amended to reflect Commission Directive 2001/48/EC (regulation 2(4)(g)).
The Regulations specify maximum levels of pesticide residues which crops, food and feeding stuffs may contain in implementation of Commission Directives 2002/5/EC and 2002/23/EC (regulations 2(4) (a) to (f) and (h) to (j) and 2(5) and Schedule 2).
The Regulations changes the date on which the present maximum residue level of tecnazene in relation to lettuce will be removed to 1st January 2003. On that date the maximum residue levels of tecnazene in Part 2 of Schedule 2 to the principal Regulations will be applied, in implementation of Commission Directive 2000/82/EC (regulation 3).
The Regulations make minor consequential revocations (regulation 4).