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SCOTTISH STATUTORY INSTRUMENTS

2006 No. 548

AGRICULTURE

PESTICIDES

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 3) Regulations 2006

  Made 16th November 2006 
  Laid before the Scottish Parliament 17th November 2006 
  Coming into force in accordance with regulation 1(3) to (7)

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, interpretation and commencement
     1. —(1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 3) Regulations 2006.

    (2) In these Regulations–

    "the 2006 Amendment Regulations" means the Pesticides (Maximum Residue Levels in Crops, Foods and Feeding Stuffs) (Scotland) Amendment Regulations 2006[2]; and

    "the principal Regulations" means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2005[3].

    (3) Subject to paragraphs (4) to (7), these Regulations shall come into force on 9th December 2006.

    (4) Regulation 4 shall come into force on 30th December 2006.

    (5) Regulation 5 shall come into force on 21st January 2007.

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

    (7) Regulation 7 shall come into force on 30th December 2007.

Amendment of the principal Regulations
     2. The principal Regulations are amended in accordance with regulations 3 to 7.

Amendments coming into force on 9th December 2006
     3. —(1) In regulation 2(1) (interpretation), for the definition of "the Residues Directives" substitute–

      " "the Residues Directives" means Directive 76/895[4], Directive 86/362[5], Directive 86/363[6] and Directive 90/642[7], 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 (No. 3) Regulations 2006[8].".

    (2) In Schedule 2 (maximum residue levels)–

    (a) for the entries in the columns relating to the pesticides Benomyl and Carbendazim, Chlormequat, Cyazofamid, Fenbutatin Oxide, Fenhexamid, Linuron, Pymetrozine, Thiophanate methyl and Triadimefon and Triadimenol, substitute the entries in the columns relating to those pesticides set out in Schedule 1 to these Regulations;

    (b) in the column relating to the pesticide Oxadiargyl, for the entry for the food group 2(v)(a) (lettuce and similar) Lettuce, substitute "0.01*"; and

    (c) in the column relating to the pesticide Diquat–

      (i) for the entry for the food group 2(iv)(a) (flowering brassicas) Broccoli, substitute "0.05*(¹³)"; and

      (ii) for the entry for the food group 2(v)(a) (lettuce and similar) Scarole, substitute "0.05*(6)".

    (3) In Schedule 3, in paragraph 2(v)(a) (lettuce and similar), in column 2 beneath "Scarole" insert "Ruccola" and beneath that insert "Leaves and stems of brassica".

Amendments coming into force on 30th December 2006
     4. Schedules 1 (pesticide residues) and 2 (maximum residue levels) of the principal Regulations are amended as follows–

    (a) in Schedule 1, for the entry relating to Deltamethrin, substitute the entry for Deltamethrin set out in Schedule 2 to these Regulations; and

    (b) in Schedule 2–

      (i) for the entries in the columns relating to Carbaryl, Deltamethrin, Endosulfan, Fenitrothion and Methidathion, substitute the entries in the columns relating to those pesticides set out in Schedule 1 to these Regulations; and

      (ii) at the end, insert as footnote 47 the footnote numbered (47) set out at the end of Schedule 1 to these Regulations.

Amendments coming into force on 21st January 2007
     5. Schedules 1 (pesticide residues), 2 (maximum residue levels) and 3 of the principal Regulations are amended as follows–

    (a) in Schedule 1–

      (i) for the entry for Cyfluthrin, substitute the entry for Cyfluthrin set out in Schedule 2 to these Regulations; and

      (ii) in the appropriate place in the alphabetical sequence, insert the entry for the pesticide Fenthion set out in Schedule 2 to these Regulations;

    (b) in Schedule 2–

      (i) for the entries in the columns relating to Abamectin, Atrazine, Azinphos ethyl, Cyfluthrin, Ethephon, Fenpropimorph, Methamidophos, Methomyl thiodicarb, Myclobutanil, Paraquat, Thiabendazole, Triazophos and Trifloxystrobin substitute the entries in the columns relating to those pesticides set out in Schedule 1 to these Regulations; and

      (ii) in the appropriate place in the alphabetical sequence, insert the entries in the column relating to the pesticide Fenthion set out in Schedule 1 to these Regulations; and

    (c) in Schedule 3, in paragraph 3 (pulses), in column 2, beneath "Peas" insert "Lupins".

Amendments coming into force on 21st April 2007
     6. Schedules 1 (pesticide residues) and 2 (maximum residue levels) of the principal Regulations are amended as follows–

    (a) in Schedule 1–

      (i) for the entry for Glyphosate, substitute the two entries for Glyphosate set out in Schedule 2 to these Regulations; and

      (ii) in the appropriate place in the alphabetical sequence, insert the entry for the pesticide Pyraclostrobin set out in Schedule 2 to these Regulations; and

    (b) in Schedule 2–

      (i) for the column relating to Glyphosate, substitute the two columns relating to Glyphosate set out in Schedule 1 to these Regulations; and

      (ii) in the appropriate place in the alphabetical sequence, insert the entries in the column relating to the pesticide Pyraclostrobin set out in Schedule 1 to these Regulations.

Amendments coming into force on 30th December 2007
     7. Schedules 1 (pesticide residues) and 2 (maximum residue levels) of the principal Regulations are amended as follows–

    (a) in Schedule 1, in the appropriate place in the alphabetical sequence, insert the entry for the pesticide Oxamyl set out in Schedule 2 to these Regulations; and

    (b) in Schedule 2, in the appropriate place in the alphabetical sequence, insert the entries in the column relating to the pesticide Oxamyl set out in Schedule 1 to these Regulations.

Amendment to and revocation of part of regulation 6 of the 2006 Amendment Regulations
     8. In regulation 6 (amendments coming into force on 21st April 2007) of the 2006 Amendment Regulations–

    (a) in paragraphs (a)(ii) and (b)(ii) omit "Pyraclostrobin"; and

    (b) paragraphs (a)(i) and (b)(i) are revoked.

Amendment to Schedule 1 of the 2006 Amendment Regulations
     9. In Schedule 1 (entries substituted or inserted in Schedule 2 to the principal Regulations) of the 2006 Amendment Regulations omit the columns for the pesticides Glyphosate (except trimesium salt), Glyphosate (as trimesium salt) and Pyraclostrobin.

Amendment to Schedule 3 of the 2006 Amendment Regulations
     10. In Schedule 3 (entries substituted or inserted in Schedule 1 to the principal Regulations) of the 2006 Amendment Regulations–

    (a) omit "Glyphosate (except trimesium salt)" in column 1 and "glyphosate" in column 2;

    (b) omit "Glyphosate (as trimesium salt)" in column 1 and "trimethylsulfonium cation resulting from the use of glyphosate" in column 2; and

    (c) omit "Pyraclostrobin" in column 1 and "pyraclostrobin" in column 2.


ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
16th November 2006



SCHEDULE 1
Regulations 3 to 7


ENTRIES SUBSTITUTED OR INSERTED IN SCHEDULE 2 TO THE PRINCIPAL REGULATIONS


This table has 34 columns, please click here to view


SCHEDULE 2
Regulations 4 to 7


ENTRIES SUBSTITUTED OR INSERTED IN SCHEDULE 1 TO THE PRINCIPAL REGULATIONS


Column 1 Column 2
Pesticide Residue
Cyfluthrin cyfluthrin including other mixtures of constituent isomers (sum of isomers)
Deltamethrin     (1) for products of plant origin other than cereals and for foodstuffs of animal origin: deltamethrin (cis-deltamethrin)

    (2) for cereals: deltamethrin
Fenthion fenthion and its oxygen analogue, their sulfoxides and sulfones expressed as parent
Glyphosate (except trimesium salt) glyphosate
Glyphosate (as trimesium salt) trimethylsulfonium cation resulting from the use of glyphosate
Oxamyl oxamyl
Pyraclostrobin pyraclostrobin


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 2006/53/EC (O.J. No. L 154, 8.6.06, p.11), 2006/59/EC (O.J. No. L 175, 29.6.06, p.61), 2006/60/EC (O.J. No. L 206, 27.7.06, p.1) and 2006/61/EC (O.J. No. L 206, 27.7.06, p.12).

These Regulations come into force in stages on dates between 9th December 2006 and 30th December 2007.

The Regulations substitute or insert:

    (a) new residue definitions for the pesticides Cyfluthrin, Deltamethrin, Fenthion, Glyphosate, Oxamyl and Pyraclostrobin in Schedule 1 to the principal Regulations; and

    (b) new maximum residue levels for pesticides:–

           Abamectin, Atrazine, Azinphos-ethyl, Benomyl and Carbendazim, Carbaryl, Chlormequat, Cyazofamid, Cyfluthrin, Deltamethrin, Endosulfan, Ethephon, Fenbutatin Oxide, Fenhexamid, Fenitrothion, Fenpropimorph, Fenthion, Glyphosate, Linuron, Methamidophos, Methidathion, Methomyl thiodicarb, Myclobutanil, Oxadiargyl, Oxamyl, Paraquat, Pymetrozine, Pyraclostrobin, Thiabendazole, Thiophanate-methyl, Triadimefon and Triadimenol, Triazophos and Trifloxystrobin in Schedule 2 to the principal Regulations.

The Regulations also amend and revoke in part the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2006 (S.S.I. 2006/151).

A Regulatory Impact Assessment ("RIA") was prepared in respect of the principal Regulations which provides a basis for establishing the impact of amendments to those Regulations. Copies of the RIA can be obtained from the Scottish Executive Environment and Rural Affairs Department, EPHAS2, Area 1-B, Pentland House, 47 Robb's Loan, Edinburgh, EH14 1TY. Copies have been placed in the Scottish Parliament Information Centre.

Notes:

 [1] 1972 c.68. Section 2(2) was amended by the Scotland Act 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. 2006/151.back

[3] S.S.I. 2005/599 as amended by S.S.I. 2006/151 and S.S.I. 2006/312.back

[4] O.J. No. L 340, 9.12.76, p.26, as last amended by Commission Directive 2006/59/EC (O.J. No. L 175, 29.06.06, p.61).back

[5] O.J. No. L 221, 7.8.86, p.37, as last amended by Commission Directive 2006/61/EC (O.J. No. L 206, 27.07.06, p.12).back

[6] O.J. No. L 221, 7.8.86, p.43, as last amended by Commission Directive 2006/61/EC (O.J. No. L 206, 27.07.06, p.12).back

[7] O.J. No. L 350, 14.12.90, p.71, as last amended by Commission Directive 2006/61/EC (O.J. No. L 206, 27.07.06, p.12).back

[8] S.S.I. 2006/548.back


ISBN 0 11 071184 X


 © Crown copyright 2006

Prepared 24 November 2006
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