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STATUTORY
INSTRUMENTS
1994No.
1985
AGRICULTURE
PESTICIDES
The
Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs)
Regulations 1994
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Coming into force in accordance with regulation 1
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The Minister of Agriculture,
Fisheries and Food and the Secretary of State, being Ministers designated[1] for the purposes of section 2(2) of the
European Communities Act 1972[2] in relation to
the common agricultural policy of the European Community, acting jointly in
exercise of the powers conferred on them by the said section 2(2) and the
said Minister and the Secretary of State, acting jointly in exercise of the
powers conferred on them by sections 16(2)(k) and (l), (15) and 24(1) and (3)
of the Food and Environment Protection Act 1985[3]
and of all other powers enabling them in that behalf, after consultation in
accordance with section 16(9) of the said Act of 1985 with the Advisory
Committee on Pesticides established under section 16(7) of the said Act of
1985[4], hereby make the following Regulations
a draft whereof has been laid before and approved by resolution of each House
of Parliament:
Title and
commencement
1. These Regulations may be cited
as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs)
Regulations 1994 and shall come into force on the day after the day on which
they are made.
Interpretation:
general
2.—(1) In these Regulations-
"product" means any
crop, food or feeding stuff specified in Schedule 2;
"putting into
circulation", in relation to any product, means any handing over,
whether or not for a consideration, of that product-
(a) in the case of fruit
and vegetables, after they have been harvested, and
(b) in
any other case, at any time[5].
(2) Any reference in these Regulations to a Schedule
or to a Regulation shall be construed as a reference respectively to a
Schedule to these Regulations or to a Regulation in these Regulations.
(3) Any reference in a
Schedule to any product, figure or pesticide includes any qualifying words
relating to that product, figure or pesticide in that Schedule.
Interpretation:
pesticide residue
3. Any reference in these
Regulations to a pesticide residue left or contained in any product after the
application to that product or to land on which it is grown of a pesticide
named in column 1 of Schedule 1 is a reference to the substance named in
column 2 of that Schedule opposite that pesticide.
Maximum
residue levels
4. The maximum level of any
pesticide residue which may be left in any product named in Part I of
Schedule 2 after the application to that product or to land on which it is
grown of any pesticide shall be the number of milligrammes
of the pesticide residue per kilogramme of the product (if any) specified
opposite the name of that product under the name of that pesticide.
5.—(1) No person shall put into
circulation any product named in Part 2 of Schedule 2 which, after the
application to that product or to land on which it is grown of any pesticide,
contains a level of pesticide residue greater than the number of milligrammes of that pesticide residue per kilogramme of
the product (if any) specified opposite the name of that product under the
name of that pesticide.
(2) Any person who
without reasonable excuse, contravenes, or causes or permits any other person
to contravene any provision of this Regulation shall be guilty of an offence,
and shall be liable-
(a) on summary
conviction, to a fine not exceeding the statutory maximum; and
(b) on
conviction on indictment, to a fine.
(3) In any proceedings for an offence under this
Regulation it is a defence for the person charged to prove that when the
product in question was put into circulation-
(a) it was so put with
the intention of its being exported to a country which is not a Member
State and the offence was caused
by a treatment applied to that product being a treatment-
(i)
required by the country of destination in order to prevent the introduction
of harmful organisms into its territory, or
(ii) necessary to
protect the product from harmful organisms during transport to the country of
destination and storage there, or
(b) it was so put with
the intention that-
(i)
it be used in the manufacture of things other than foodstuffs and animal
feed, or
(ii) it
be used for sowing or planting.
(4) Section 19 of and Schedule 2 to the Food and
Environment Protection Act 1985 shall apply for the purposes of this
Regulation as it applies for the purposes of that Act taking references
therein to that Act or any part of it to be references to this Regulation.
Seizure or
disposal of crops, food or feeding stuffs
6. If any product has in it,
after the application of any pesticide named in column 1 of Schedule 1, a
level of pesticide residue above that permitted to be in it by either
regulation 4 or 5(1), the Minister of Agriculture, Fisheries and Food and the
Secretary of State shall each have power-
(a) to seize or dispose
of the consignment containing that product or any part of it, or to require
that some other person shall dispose of it, or
(b) to
direct some other person to take such remedial action as appears to the said
Minister or to the Secretary of State, as the case may be, to be necessary.
Sampling
and analysis
7. In determining for the
purposes of regulation 4 or 5 whether the level of pesticide residue left or
contained in any product exceeds the maximum permitted-
(a) the whole or such
part only of that product shall so far as is practicable, be taken into
account as specified in column 3 of Schedule 3 opposite the name of that
product in column 2 of that Schedule,
(b) the procedure laid
down in Part 5 of the Codex Recommendations Concerning Pesticide Residues[6] shall so far as is practicable be followed,
and
(c) in the case of any
product named in paragraph 3, 4 or 5 of Schedule 2 which has been dried that
Schedule shall have effect as if for the number of milligrammes
of each pesticide residue specified opposite the name of that product there
were substituted that number of milligrammes
divided by the fraction of 1 kilogramme to which 1 kilogramme of the product
is reduced by the drying process.
Extent
8. These Regulations do not
extend to Northern Ireland.
Revocation
9. The Pesticides (Maximum
Residue Levels in Food) Regulations 1988[7] are
hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture,
Fisheries and Food is hereunto affixed on
25th July 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Hector Munro
Parliamentary Under Secretary of State, Scottish Office
19th July 1994
Cumberlege
Parliamentary Under Secretary of State, Department of Health
20th July 1994
Notes:
[1] S.I. 1972/1811. back
[2] 1972 c. 68. back
[3] 1985 c. 48; "the Ministers" is defined
in section 24(1). back
[4] Established by S.I.
1985/1516. back
[5] This definition is derived, in its application to
fruit and vegetables, from Article 2(2) of Council Directive 76/895/ EEC (O.J. No. L340, 9.12.76, p.26) and, in its application to
other products, from Article 2(2) of Council Directive 86/362/EEC (O.J. No. L221, 7.8.86, p.37) and Article 2(2) of Council
Directive 86/363/EEC (O.J. No. L221, 7.8.86, p.43).
back
[6] Food and Agriculture Organisation of the United
Nations and World Health Organisation Joint Food Standards Programme Codex Alimentarius Commision,
document CAC/PR5-1984. Part 5 is entitled "Recommended Method of
Sampling for the Determination of Pesticide Residues". back
[7] S.I. 1988/1378. back
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