Scottish Statutory Instrument 2001 No. 84

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

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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.".
 

    (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

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