Statutory Instrument 1998 No. 2922

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1998

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© Crown Copyright 1998

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" "the Residues Directives" means Council Directive 86/362/EEC[4] (as amended by Council Directives 88/298/EEC[5], 90/654/EEC[6], 93/57/EEC[7], 94/29/EC[8], 95/39/EC[9], 96/33/EC[10], 97/41/EC[11] and 97/71/EC[12]), together with Council Directive 86/363[13] (as amended by Council Directives 93/57/EEC, 94/29/EC, 95/39/EC, 96/33/EC, 97/41/EC and 97/71/EC) and Council Directive 90/642[14] (as amended by Council Directives 93/58/EEC[15], 94/30/EC[16], 95/38/EC[17], 95/61/EC[18], 96/32/EC[19], 97/41/EC and 97/71/EC);"

(b) the following paragraph shall be inserted after paragraph 1-

    " (1A) The words and expressions "dried", "processed", "composite food", "drying", and "processing" when used in either regulation 5 or in paragraphs (d) and (e) of regulation 7 shall have the same meaning as when used in the Residues Directives and any related expressions shall be construed accordingly.".

     4. In regulation 5 of the principal Regulations the following paragraph shall be inserted after paragraph 1-

    " (1A) Subject to the provisions of regulation 7 the provisions of this Regulation shall apply-


(i) to any products which after drying or processing are obtained from any of the products named in Part 2 of Schedule 2; and

(ii) to any composite foods which include any of the products named in that Part of that Schedule



notwithstanding that no maximum permitted level has been expressly specified therein for the amount of pesticide residue which may be contained in that dried or processed product or composite food.".

     5. In regulation 7 of the principal Regulations-

(a) the word "and" shall be deleted in paragraph (b);

(b) in paragraph (c) the words "of Part 1" shall be inserted between the words "paragraph 3, 4 or 5" and the words "of Schedule 2" and the words "that part of" shall be inserted between the words "has been dried" and "that Schedule";

(c) after paragraph (c) there shall be inserted the following paragraphs:


" (d) in the case of any product named in Part 2 of Schedule 2 which has been dried or processed that part of that Schedule shall have effect where no such maximum permitted level of pesticide residue is specified therein for the product in its dried or processed form as if the maximum permitted level of pesticide residue specified opposite the name of the product in that Part of that Schedule had been modified to take account of the concentration of the product caused by the drying process or, as the case may be, the dilution or concentration of the product caused by the processing;

(e) in a case where two or more products have been mixed to form a single composite food in relation to which no such maximum permitted levels are specified in Part 2 of Schedule 2, that Part of that Schedule shall have effect as if such maximum permitted levels had been specified in relation to that composite food for each of the pesticide residues which are specified therein opposite the names of each of the products which have been mixed to form the composite food taking into account-


(i) the relative concentrations of each of the constituent products in the mixture; and

(ii) the provisions of paragraph (d).".

Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food

21st November 1998


Sewel
Parliamentary Under Secretary of State, Scottish Office

22nd November 1998

[2] 1972 c. 68.back

[3] S.I. 1994/1985, amended by S.I. 1995/1483, 1996/1487 and 1997/567.back

[4] OJ No. L221, 7.8.86, p. 37.back

[5] OJ No. L126, 20.5.88, p. 53.back

[6] OJ No. L353, 17.12.90, p. 48.back

[7] OJ No. L211, 23.8.93, p. 1.back

[8] OJ No. L189, 23.7.94, p. 67.back

[9] OJ No. L197, 22.8.95, p. 29.back

[10] OJ No. L144, 18.6.96, p. 35.back

[11] OJ No. L184, 12.7.97, p. 33.back

[12] OJ No. L347, 18.12.97, p. 42.back

[13] OJ No. L221, 7.8.86, p. 43.back

[14] OJ No. L350, 14.12.90, p. 71.back

[15] OJ No. L211, 23.8.93, p. 6.back

[16] OJ No. L189, 23.7.94, p. 70.back

[17] OJ No. L197, 22.8.95, p. 14.back

[18] OJ No. L292, 7.12.95, p. 27.back

[19] OJ No. L144, 18.6.96, p. 12.back