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Statutory Instruments of the Scottish Parliament
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| Made | 5th June 2007 | ||
| Laid before the Scottish Parliament | 7th June 2007 | ||
| Coming into force in accordance with regulation 1(3) to (6) |
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and all other powers enabling them to do so.
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. 2) Regulations 2007.
(2) In these Regulations–
-
"the 2007 Amendment Regulations" means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2007[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 (6), these Regulations shall come into force on 16th August 2007.
(4) Regulation 4 shall come into force on 28th August 2007.
(5) Regulation 5 shall come into force on 2nd September 2007.
(6) Regulation 6 shall come into force on 21st January 2008.
Amendment to the principal Regulations
2.
The principal Regulations are amended in accordance with regulations 3 to 6.
Amendments coming into force on 16th August 2007
3.
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 Phenmedipham set out in Schedule 1 to these Regulations; and
(b) in Schedule 2–
-
(i) for the entries in the columns relating to the pesticides Abamectin, Bifenthrin, Lambda-cyhalothrin, Linuron, Methomyl thiodicarb and Pymetrozine, substitute the entries in the columns relating to those pesticides set out in Schedule 2 to these Regulations;
(ii) for the entries in the columns relating to the pesticide Penconazole, substitute the entries in the column headed "Penconazole: Applying from 16 August 2007" relating to that pesticide set out in Schedule 2 to these Regulations; and
(iii) in the appropriate place in the alphabetical sequence, insert the entries for the pesticide Phenmedipham set out in the column headed "Phenmedipham: Applying from 16 August 2007" in Schedule 2 to these Regulations.
Amendments coming into force on 28th August 2007
4.
Schedule 2 (maximum residue levels) of the principal Regulations is amended as follows–
-
(a) for the entries in the column relating to the pesticide Benomyl and Carbendazim, substitute the entries in the column relating to that pesticide set out in Schedule 2 to these Regulations; and
(b) for the entry in the column relating to the pesticide Penconazole for the food group 1(v)(b) (Strawberries (other than wild)), substitute the entry in the column relating to that pesticide headed "Penconazole: Applying from 28 August 2007" set out in Schedule 2 to these Regulations.
Amendments coming into force on 2nd September 2007
5.
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 Mevinphos, substitute the entry for Mevinphos set out in Schedule 1 to these Regulations; and
(ii) in the appropriate place in the alphabetical sequence, insert the entries for the pesticides Acetamiprid, Imazosulfuron, S-metholachlor, Methoxyfenozide, Milbemectin, Thiacloprid and Tribenuron-methyl set out in Schedule 1 to these Regulations; and
(b) in Schedule 2–
-
(i) for the entries in the columns relating to the pesticides Aldicarb, Mevinphos and Phosphamidon, substitute the entries in the columns relating to those pesticides set out in Schedule 2 to these Regulations;
(ii) in the appropriate place in the alphabetical sequence, insert the entries in the columns relating to the pesticides Acetamiprid, Imazosulfuron, S-metholachlor, Methoxyfenozide, Milbemectin, Thiacloprid and Tribenuron-methyl set out in Schedule 2 to these Regulations; and
(iii) at the end, insert as footnote 49, the footnote numbered (49) set out at the end of Schedule 2 to these Regulations.
Amendments coming into force on 21st January 2008
6.
In Schedule 2 (maximum residue levels) of the principal Regulations, for the entries in the column relating to the pesticide Phenmedipham for food groups 8 (cereals) and 9 (products of animal origin), substitute the entries in the column relating to that pesticide headed "Phenmedipham: Applying from 21 January 2008" set out in Schedule 2 to these Regulations.
Amendment to regulation 5 of the 2007 Amendment Regulations
7.
Regulation 5 (amendments coming into force on 21st January 2008) of the 2007 Amendment Regulations is amended as follows–
-
(a) in paragraph (a), for "insert the entries for the pesticides Desmedipham and Phenmedipham", substitute "insert the entry for the pesticide Desmedipham"; and
(b) in paragraph (b)(ii), for "insert the entries in the columns relating to the pesticides Desmedipham and Phenmedipham", substitute "insert the entries in the column relating to the pesticide Desmedipham".
Amendment to Schedule 1 to the 2007 Amendment Regulations
8.
In Schedule 1 (entries inserted in Schedule 1 to the principal Regulations) to the 2007 Amendment Regulations, omit the entry for the pesticide Phenmedipham in column 1 and the residue entry relating to that pesticide in column 2.
Amendment to Schedule 2 to the 2007 Amendment Regulations
9.
In Schedule 2 (entries substituted or inserted in Schedule 2 to the principal Regulations) to the 2007 Amendment Regulations, omit the column for the pesticide Phenmedipham.
RICHARD LOCHHEAD
A member of the Scottish Executive
St Andrew's House, Edinburgh
5th June 2007
| Column 1 | Column 2 |
| Pesticide | Residue |
| Acetamiprid |
(1) for products of plant origin: acetamiprid (2) for foodstuffs of animal origin: acetamiprid and IM-2-1 metabolite |
| Imazosulfuron | imazosulfuron |
| Methoxyfenozide | methoxyfenozide |
| Mevinphos | mevinphos, sum of E- and Z-isomers |
| Milbemectin |
(1) for products of plant origin other than cereals: sum of MA4+8, 9Z-MA4, expressed as milbemectin (2) for cereals:milbemectin |
| Phenmedipham |
(1) for products of plant origin: phenmedipham (2) for foodstuffs of animal origin: phenmedipham (Methyl-N-(3-hydroxyphenyl) carbamate (MHPC) expressed as phenmedipham) |
| S-metholachlor | metholachlor including other mixtures of constituent isomers including S-metholachlor (sum of isomers) |
| Thiacloprid | thiacloprid |
| Tribenuron-methyl | tribenuron-methyl |
(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 ("the principal Regulations").
These Regulations implement in part Commission Directive 2007/7/EC (O.J. No. L 43, 15.02.07, p.19) and implement Commission Directives 2007/8/EC (O.J. No. L 63, 01.03.07, p.9), 2007/9/EC (O.J. No. L 63, 01.03.07, p.17), 2007/11/EC (O.J. No. L 63, O.J. 01.03.07, p.26) and 2007/12/EC (O.J. No. L 59, 27.02.07, p.75).
The Regulations come into force, in stages, on 16th August, 28th August 2007, 2nd September 2007 and 21st January 2008.
The Regulations substitute or insert–
-
(a) new residue definitions for the pesticides Acetamiprid, Imazosulfuron, Methoxyfenozide, Mevinphos, Milbemectin, Phenmedipham, S-metholachlor, Thiacloprid and Tribenuron-methyl in Schedule 1 to the principal Regulations which identifies the pesticide residues that are taken into account in the measuring of residue levels for each pesticide; and
(b) new maximum residue levels for the pesticides Abamectin, Acetamiprid, Aldicarb, Benomyl and carbendazim, Bifenthrin, Imazosulfuron, Lambda-cyhalothrin, Linuron, Methomyl thiodicarb, Methoxyfenozide, Mevinphos, Milbemectin, Penconazole, Phenmedipham, Phosphamidon, Pymetrozine, S-metholachlor, Thiacloprid and Tribenuron-methyl in Schedule 2 to the principal Regulations.
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 Rural Directorate, 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), insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back
[3] S.S.I. 2005/599 as amended by S.S.I. 2006/151, 312 and 548 and S.S.I. 2007/142.back
ISBN 978 0 11 077561 6