Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) (No. 3) Regulations (Northern Ireland) 2003 and shall come into operation on 24th October 2003.

(2) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002

2.—(1) The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002(4) shall be amended in accordance with this regulation.

(2) In regulation 2(1), for the definition of “the Residues Directives” there shall be substituted the following definition:

““the Residues Directives” means Council Directive 86/362/EEC(5), Council Directive 86/363/EEC(6) and Council Directive 90/642/EEC(7), in each case amended as at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) (No. 3) Regulations (Northern Ireland) 2003.”.

(3) In Schedule 1 there shall be inserted at the appropriate places in Columns 1 and 2 the following entries (with the entries for Amitrole replacing those in relation to which the term ‘Aminotriazole’ appears in Column 1):

(4) In Part I of Schedule 2 the column relating to Omethoate shall be deleted.

(5) In Part II of Schedule 2 the maximum residue levels shall be substituted as follows –

(a)for mg/kg of Chlormequat on pears delete “0.5” and insert “0.3”;

(b)for mg/kg of Dimethoate on tea (dried leaves and stalks, fermented or otherwise, Camillia sinensis) delete “0.2”;

(c)for mg/kg of Kresoxim-methyl on strawberries (other than wild) delete “0.2” and insert “1”;

(d)for mg/kg of Maneb Mancozeb Metiram Propineb and Zineb on radishes delete “0.2” and insert “2”, and on spring onions delete “0.05*” and insert “1”.

(6) In Part II of Schedule 2 –

(a)there shall be inserted, in the appropriate place to preserve the alphabetical ordering from left to right, columns of maximum permitted levels for residues of the pesticides Acibenzolar-S-methyl, Chlorfenapyr, Cinidon-ethyl, Cyclanilide, Cyhalofop butyl, Diquat, Ethofumesate, Famoxadone, Fenhexamid, Fentin acetate, Fentin hydroxide, Florasulam, Flumioxazine, Iprovalicarb, Isoproturon, Metalaxyl-M, Picolinafen, Prosulfuron, Pyraflufen-ethyl and Sulfosulfuron as specified in the Schedule to these Regulations;

(b)for the columns relating to the pesticides Aminotriazole (Amitrole), Azoxystrobin, Clofentezine, Hexaconazole, Lambda-cyhalothrin, Myclobutanil and Prochloraz, there shall be substituted the columns of maximum permitted levels for residues of those pesticides as specified in the Schedule to these Regulations (with the heading ‘Aminotriazole (Amitrole)’ being replaced by the heading ‘Amitrole’); and

(c)the column the heading of which is so replaced shall be moved to preserve the alphabetical ordering.

Regulation 2(6)

SCHEDULE

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, further amend the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002 (“the principal Regulations”).

The Regulations specify maximum levels of pesticide residues which crops, food and feeding stuffs may contain in implementation of Commission Directives 2003/60/EC, 2003/62/EC and 2003/69/EC. New columns of pesticides are added to Part II to Schedule 2 of the principal Regulations for the residues of Acibenzolar-S-methyl, Chlorfenapyr, Cinidon-ethyl, Cyclanilide, Cyhalofop butyl, Diquat, Ethofumesate, Famoxadone, Fenhexamid, Fentin acetate, Fentin hydroxide, Florasulam, Flumioxazine, Iprovalicarb, Isoproturon, Metalaxyl-M, Picolinafen, Prosulfuron, Pyraflufen-ethyl and Sulfosulfuron. Complete revised columns for the residues of pesticides Aminotriazole (Amitrole), Azoxystrobin, Clofentezine, Hexaconazole, Lambda-cyhalothrin, Myclobutanil and Prochloraz have been substituted for existing columns in Part II to Schedule 2 of the principal Regulations. The previous column headed ‘Aminotriazole (Amitrole)’ is replaced by ‘Amitrole’ (regulation 2(6)).

Regulation 2(3) adds the names of further pesticide residue substances to Schedule 1 which specifies the substances used to assess residues.

In completion of the implementation of Commission Directive 2002/71/EC, these Regulations remove pesticide residues for Omethoate, that had previously been set nationally by virtue of powers contained in the Food and Environment Protection Act 1985, from the list contained in Part I to Schedule 2 of the principal Regulations as they have been replaced by Community levels for Dimethoate (regulation 2(4)).

Other minor alterations to implement changes of pesticide residue for other pesticides, namely Chlormequat, Dimethoate, Kresoxim-methyl and Maneb Mancozeb Metiram Propineb Zineb, are made to specified products in regulation 2(5).

The definition of “the Residues Directives” is updated to take account of the Directives being implemented (regulation 2(2)).