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      SCOTTISH STATUTORY INSTRUMENTS

      2001 No. 84

      AGRICULTURE

      PESTICIDES

      The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2001

        Made 7th March 2001 
        Laid before the Scottish Parliament 8th March 2001 
        Coming into force 1st April 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 Regulations 2001 and shall come into force on 1st April 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) After paragraph (2) of regulation 4 there shall be inserted-

            " (2A) Where there is a changing date at the top of a column in Part 2 of Schedule 2, and an entry is shown in both italic and non-italic type, the figure in italic type is the level until the changing date, and the figure in non-italic type is the level on and after that date.".

          (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
      Aldicarb sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb
      Aminotrinzole (Amitrole) Aminotrinzole
      Amitraz amitraz plus its metabolites containing 2,4-dimethylaniline, expressed as amitraz
      Aramite Aramite
      Azoxystrobin Azoxystrobin
      Barban Barban
      Bromopropylate Bromopropylate
      Chlorbenside Chlorbenside
      Chlorbufam Chlorbufam
      Chlorfenson Chlorfenson
      Chloroxuron Chloroxuron
      Diallate Diallate
      1,1-dichloro-2,2-bis (4-ethyl-phenyl-) ethane 1,1-dichloro-2,2-bis (4-ethyl-phenyl-) ethane
      Fenvalerate and esfenvalerate fenvalerate and esfenvalerate (sum of isomers)
      Flucythrinate sum of isomers
      Folpet Folpet
      Kresoxim-methyl kresoxim-methyl (for plants) 2-methyloxyimino-2-[2-(O-tolyloxymethyl) phenyl] acetic acid (for meat, liver, fat and 2-[2-(4-hydroxy-2-methylphenoxymethyl) phenyl]-2-methoxy-iminoacetic acid (for milk)
      Methidathion Methidathion
      Methomyl thiodicarb sum of methomyl and thiodicarb expressed as methomyl
      Methoxychlor Methoxychlor
      Phoxim Phoxim
      Profenophos profenophos.

          (4) In Part I of Schedule 2, the entry for the pesticide in column 1 of the following table shall be deleted in relation to the crop in the corresponding entry in column 2 on the date specified in the corresponding entry in relation to that crop in column 3: - 

      Column 1 Column 2 Column 3
      Pesticide Crop Date of deletion
      Carbendazim strawberries (other than wild) 1st July 2001
      ,, raspberries 1st April 2001
      Chloro benzilate citrus fruit (the whole group) 1st April 2001
      Diazinon early and ware potatoes 1st July 2001
      Dicofol

      ,,

      ,,

      ,,

      ,,

      ,,

      		 Apricots

      peaches (incl nectarines and similar hybrids)

      plums

      currants (red, black and white)

      garlic

      cultivated mushrooms

      		 1st July 2001
      Endosulfan

      ,,

      ,,

      ,,

      ,,

      		 strawberries (other than wild)

      blackberries

      currants (red, black and white)

      gooseberries

      early and ware potatoes

      		 1st July 2001
      Metalaxyl citrus fruit (the whole group) 1st July 2001
      Thiabendazole early potatoes 1st July 2001
      Triazophos

      ,,

      ,,

      ,,

      		 garlic, onions and shallots

      brussels sprouts

      head cabbage

      early and ware potatoes

      		 1st July 2001
      Vinclozolin celery 1st April 2001.

          (5) For Part 2 of Schedule 2 there shall be substituted the Schedule to these Regulations.

          (6) In Schedule 3 - 

        (a) in paragraph 1(vi) opposite the Group of products "Miscellaneous fruit" there shall be inserted "Papaya" in the appropriate place in alphabetical order in column 2;

        (b) in paragraph 2 (iii) opposite the Group of products "Fruiting vegetables" there shall be inserted, under the heading (a) Solanacea, "Chilli peppers" between the entries "Peppers" and "Aubergines" in column 2.


      ROSS FINNIE
      A member of the Scottish Executive

      St Andrews House, Edinburgh
      7th March 2001

      Link to SCHEDULE
      EXPLANATORY NOTE

      (This Note is not part of the Regulations)

      These Regulations, which extend to Scotland only, amend the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 (S.S.I. 2000/22) ("the Consolidated Regulations").

      The Regulations specify maximum levels of pesticide residues which crops, food and feeding stuffs may contain in implementation of Commission Directives 2000/24/EC (O.J. No. L 107, 4.5.00 p.28), 2000/42/EC (O.J. No. L 158, 30.6.00 p.51), 2000/48/EC (O.J. No. L 197, 3.8.00 p.26), 2000/57/EC (O.J. No. L 244, 29.9.00 p.76) and 2000/58/EC (O.J. No. L 244, 29.9.00 p.78) and amend Community maximum residue levels which have been set previously (regulation 2(2) and (5)).

      Additionally, the Regulations remove certain maximum levels which were included in Part 1 of Schedule 2 to the Consolidated Regulations and which have been replaced by the Community maximum residue levels now included in Part 2 of that Schedule (regulation 2(4)).

      Further residue definitions are also introduced (regulation 2(3)).

      The Regulations amend Schedule 3 to the Consolidated Regulations introducing the new products "Papaya" and "Chilli peppers" to reflect the categories specified in Directives 2000/42/EC and 2000/24/EC respectively (regulation 2(6)).

       [1] 1972 c.68; section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15. The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

      [2] S.S.I. 2000/22.back


      ISBN 0 11 059605 6


 



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Prepared 6 July 2001
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