Citation and commencement

1.  These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 2005 and shall come into force on 23rd June 2005.

Amendment to 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) are amended in accordance with this regulation.

(2) In Schedule 1(3), for the entries in column 1 for the pesticides Metalaxyl and Metalaxyl-M, together with the corresponding entries in column 2, substitute the following entries:–

(3) In Part 2 of Schedule 2(4) for the existing maximum permitted levels for residues of the pesticides Azoxystrobin, Fenhexamid, Fenpropimorph, Iprovalicarb, Maneb Mancozeb Metiram Propineb Zineb, Metalaxyl, Metalaxyl-M, Methomyl thiodicarb, Myclobutanil and Penconazole substitute the maximum permitted levels for residues of those pesticides specified in Schedule 1 to these Regulations in relation to the products so specified.

(4) For Schedule 5(5), substitute the Schedule set out in Schedule 2 to these Regulations.

Revocations

3.  Regulation 1(3) of, and Schedule 2 to, the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2005(6) are hereby revoked.

Regulation 2(3)

SCHEDULE 1

UNITS:

Maximum residue levels (MRLs) are expressed in milligrammes of residue per kilogramme of food.

KEY:

* Level at or about the limit of determination.

FOOTNOTES:

1.  Paddy or rough rice, husked rice and semi-milled or wholly milled rice.

2.  Levels are measured on fat, except in the case of foods with a fat content of 10% or less by weight. In these cases the residue is related to the total weight of the boned foodstuff and the MRL is one tenth of the value given in the table, but must be no less than 0.01 mg/kg.

3.  These levels are for fresh raw cow’s milk and fresh whole cream cow’s milk expressed on the whole milk.

4.  For preserved, concentrated or sweetened cow’s milk; for raw milk and whole cream milk of another animal origin; and for butter, cheese or curd. Whether made from cow’s milk or other milk of a combination, the following levels apply: – if the fat content is less than 2% by weight, the MRL is taken as half that set for raw milk and whole cream milk; – if the fat content is 2% or more by weight, the MRL is expressed in mg/kg of fat and is set at 25 times that set for raw milk and whole cream milk

5.  Birds' eggs in shell (other than eggs for hatching) and whole egg products and egg yolk products (whether fresh, dried or otherwise prepared).

6.  Scarole includes broad-leaf endive.

7.  All meat except poultrymeat.

8.  Kidney except of poultry.

9.  All other meat, edible offal, fat and preparations of meat and edible offal.

10.  All meat.

11.  All liver and kidney.

12.  Liver of bovine animals.

13.  Meat of poultry.

14.  Meat of bovine animals.

15.  Fat of bovine animals.

16.  Except poultry.

17.  Broccoli includes calabrese.

18.  Liver of chicken.

19.  Kidney of bovine animals.

20.  Liver of bovine animals, sheep and goats.

21.  Except foodstuffs of ovine origin.

22.  Meat of bovinr animals, sheep and goats.

23.  Except meet and liver of bovine animals, sheep and poultry or meat of poultry.

24.  This MRL also applies to spelt.

25.  Except spelt.

26.  Liver of bovine animals, sheep, goats, and swine.

27.  Kidney of bovine animals, sheep, goats, and swine.

28.  Meat of poultry, fat and edible offal.

29.  Meat of bovine animals, sheep, goats, and swine.

30.  All kidney.

31.  Kidney of swine

32.  Kidney of bovine animals sheep and goats.

33.  This figure is the sum of the alpha and beta isomers. For meat, fat & preparations of meat MRL for aplha isomer is 0.2 mg/kg and MRL for beta isomer is 0.1 mg/kg. For milk and dairy produce MRL for alpha isomer is 0.004 mg/kg and MRL for beta isomer is 0.003 mg/kg. For eggs MRL for alpha isomer is 0.02 mg/kg and MRL for beta isomer is 0.01 mg/kg.

34.  All meat, liver and fat.

35.  1 mg/kg applies to whole seeds; 0.05 mg/kg applies to seed without shell.

36.  Ruminant liver.

37.  Fat liver and kidney.

38.  With the exception of meat and other ovine, bovine and caprine products.

39.  Seed without shell.

Regulation 2(4)

SCHEDULE 2

Regulation 2(1)

“SCHEDULE 5DEFINITION OF RESIDUE DIRECTIVES

“The Residue Directives” means Council Directive 1986/362/EEC(7) as amended by–

together with Council Directive 1986/363/EEC(13) as amended by–

and Council Directive 1990/642/EEC(18) as amended by—

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, further amend the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 (S.S.I. 2000/22) (“the principal Regulations”).

The Regulations implement Commission Directive 2004/115//EC (O.J. No. L 374, 22.12.04, p.64) (“the Commission Directive”).

In Schedule 1, which identifies the substances residues of which are taken into account in the measuring of residue levels for each pesticide, the residue levels for Metalaxyl and Metalaxyl-M are replaced (regulation 2(2)).

The Regulations substitute the maximum residue levels for Azoxystrobin, Fenhexamid, Fenpropimorph, Iprovalicarb, Maneb Mancozeb Metiram Propineb Zineb, Metalaxyl, Metalaxyl-M, Methomyl thiodicarb, Myclobutanil and Penconazole with new maximum residue levels in Part 2 of Schedule 2 (regulation 2(3)).

The Regulations also update the definition of “Residue Directives” in the principal Regulations (by substituting Schedule 5 to the principal Regulations) to incorporate the Commission Directive (regulation 2(4)).

Regulation 3 makes consequential revocations.

No Regulatory Impact Assessment has been produced in relation to these Regulations.