BAILII
British and Irish Legal Information Institute


Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Instruments of the Scottish Parliament

You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2006 No. 151
URL: http://www.bailii.org/scot/legis/num_reg/2006/20060151.html
[New search] [Help]
SCOTTISH STATUTORY INSTRUMENTS

2006 No. 151

AGRICULTURE

PESTICIDES

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2006

  Made 14th March 2006 
  Laid before the Scottish Parliament 15th March 2006 
  Coming into force in accordance with regulation 1(2) to (4)

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. —(1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2006.

    (2) Subject to paragraphs (3) and (4), these Regulations shall come into force on 27th April 2006.

    (3) Regulation 5 shall come into force on 10th May 2006.

    (4) Regulation 6 shall come into force on 21st April 2007.

Interpretation
     2. In these Regulations, "the principal Regulations" means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2005[2].

Amendment of the principal Regulations
     3. Subject to regulation 1(3) and (4), the principal Regulations are amended in accordance with regulations 4 to 6.

Amendments coming into force on 27th April 2006
     4. —(1) In regulation 2(1) (interpretation), for the definition of "the Residues Directives" substitute–

      " "the Residues Directives" means Directive 76/895[3], Directive 86/362[4], Directive 86/363[5] and Directive 90/642[6], in each case as amended at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2006[7].".

    (2) Schedules 2 and 3 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.

Amendments coming into force on 10th May 2006
     5. Schedules 1 and 2 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 (maximum residue levels), 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.

Amendments coming into force on 21st April 2007
     6. Schedules 1 and 2 are amended as follows–

    (a) in Schedule 1 (pesticide residues)–

      (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 (maximum residue levels)–

      (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.


ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
14th March 2006



SCHEDULE 1
Regulations 4(2)(a), 5(b) and 6(b)


ENTRIES SUBSTITUTED OR INSERTED IN SCHEDULE 2 TO THE PRINCIPAL REGULATIONS


          

Click here to view table


SCHEDULE 2
Regulation 4(2)(b)(ii)


ENTRY INSERTED IN SCHEDULE 3 TO THE PRINCIPAL REGULATIONS


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



SCHEDULE 3
Regulations 5(a) and 6(a)


ENTRIES SUBSTITUTED OR INSERTED IN SCHEDULE 1 TO THE PRINCIPAL REGULATIONS


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


EXPLANATORY NOTE

(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) (Scotland) Regulations 2005 (S.S.I. 2005/599) ("the principal Regulations").

These Regulations implement Commission Directives 2005/70/EC (O.J. No. L 276, 21.10.05, p.35), 2005/74/EC (O.J. No. L 282, 26.10.05, p.9) and 2005/76/EC (O.J. No. L 293, 9.11.05, p.14).

With the exceptions of regulations 5 and 6, these Regulations come into force on 27th April 2006.

Regulation 4 makes amendments which–

    (a) update the definition of "the Residues Directives" in regulation 2 of the principal Regulations;

    (b) substitutes 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/thiodicarb, Pymetrozine and Thiabendazole; and

    (c) inserts a new product, "Cassava", and a new product group "spices" in Schedule 3 to the principal Regulations.

Regulation 5 comes into force on 10th May 2006. It amends–

    (a) Schedule 1 to the principal Regulations, 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 to the principal Regulations, 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 to the principal Regulations, by substituting 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 to the principal Regulations, by substituting the column for the pesticide Glyphosate with two new columns for Glyphosate; and by inserting new columns for the pesticides Bromoxynil, Chlorpropham, Dimethenamid-P, Flazasulfuron, Flurtamone, Ioxynil, Mepanipyrim, Propoxycarbazone, Pyraclostrobin, Quinoxyfen and Zoxamide.

No Regulatory Impact Assessment has been prepared in respect of these Regulations.

Notes:

 [1] 1972 c.68. Section 2(2) was amended by the Scotland 1998 (c.46), Schedule 8, paragraph 15(3). 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. 2005/599.back

[3] O.J. No. L 340, 9.12.76, p.26, as last amended by Commission Directive 2005/70/EC (O.J. No. L 276, 21.10.05, p.35).back

[4] O.J. No. L 221, 7.8.86, p.37, as last amended by Commission Directive 2006/4/EC (O.J. No. L 23, 27.1.06, p.69).back

[5] O.J. No. L 221, 7.8.86, p.43, as last amended by Commission Directive 2005/70/EC (O.J. No. L 276, 21.10.05, p.35).back

[6] O.J. No. L 350, 14.12.90, p.71, as last amended by Commission Directive 2006/9/EC (O.J. No. L 22, 26.1.06, p.24).back

[7] S.S.I. 2006/151.back


ISBN 0 11 070210 7


 © Crown copyright 2006

Prepared 25 April 2006
About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010