Title, commencement and extent

1.—(1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 and shall come into force on 1st February 2000.

(2) These Regulations shall extend to England and Wales only.

Interpretation

2.—(1) In these Regulations—

“EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(5) as adjusted by the Protocol signed at Brussels on 17th March 1993(6);

“product” means any crop, food or feeding stuff specified in Schedule 2;

“putting into circulation” means any handing over, whether or not for a consideration, of any product—

“the Residues Directives” means Council Directive 86/362/EEC(7) (as amended by Council Directives 88/298/EEC(8), 90/654/EEC(9), 93/57/EEC(10), 94/29/EC(11), 95/39/EC(12), 96/33/EC(13), 97/41/EC(14) and Commission Directives 97/71/EC(15), 98/82/EC(16), 1999/65/EC(17) and 1999/71/EC(18), together with Council Directive 86/363/EEC(19) (as amended by Council Directives 93/57/EEC, 94/29/EC, 95/39/EC, 96/33/EC, 97/41/EC and Commission Directives 97/71/EC, 98/82/EC and 1999/71/EC) and Council Directive 90/642/EEC(20) (as amended by Council Directives 93/58/EEC(21), 94/30/EC(22), 95/38/EC(23), 95/61/EC(24), 96/32/EC(25), 97/41/EC and Commission Directives 97/71/EC, 98/82/EC, 1999/65/EC and 1999/71/EC).

(2) The words and expressions “dried”, “processed”, “composite food”, “drying” and “processing” when used either in regulation 4 or in paragraphs (d) and (e) of regulation 6 shall have the same meaning as when used in the Residues Directives and any related expressions shall be construed accordingly.

(3) Any reference in these Regulations, in relation to a pesticide, to a pesticide residue is a reference to the substance named in column 2 of Schedule 1 opposite the reference to that pesticide in column 1 of that Schedule.

(4) 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 a regulation in these Regulations.

(5) Any reference in any Schedule to these Regulations to any product, figure or pesticide includes any qualifying words relating to that product, figure or pesticide in that Schedule.

Maximum residue levels

3.—(1) The maximum level of any pesticide residue which may be left in any product named in Part 1 of Schedule 2 shall be the number of milligrams of the pesticide residue per kilogram of the product specified opposite the name of that product under the name of the pesticide concerned.

(2) In the case of any product named in paragraph 3, 4 or 5 of Part 1 of Schedule 2 which has been dried, paragraph (1) of this regulation applies to the maximum level of pesticide residue applicable under that Part of that Schedule as it has effect by virtue of regulation 6(c).

4.—(1) No person shall put into circulation any product named in Part 2 of Schedule 2 which contains a level of pesticide residue greater than the number of milligrams of that pesticide residue per kilogram of the product specified opposite the name of that product under the name of the pesticide concerned.

(2) Subject to paragraph (3) below, paragraph (1) above shall apply in relation to—

(a)any product (in this regulation a “dried or processed product”) which after drying or processing is obtained from any of the products named in Part 2 of Schedule 2, and

(b)any composite food which includes any of the products named in that Part of that Schedule,

and the reference in paragraph (1) to a product named in that Part of that Schedule shall be construed accordingly.

(3) Where—

(a)paragraph (1) above applies in relation to a dried or processed product or a composite food by virtue of paragraph (2) above, and

(b)no maximum permitted level has been expressly specified in Part 2 of Schedule 2 as the amount of pesticide residue which may be contained in that dried or processed product or composite food,

paragraph (1) applies by reference to the maximum permitted level of pesticide residue applicable under that Part of that Schedule as it has effect by virtue of regulation 6(d) or, as the case may be, (e).

(4) 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.

(5) 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 (or, as appropriate, the dried or processed product or the composite food) was put into circulation—

(a)it was so put with the intention of its being exported to a country which is not an EEA 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.

(6) Sections 19 and 22 of, and Schedule 2 to, the Food and Environment Protection Act 1985 shall apply for the purposes of this regulation as they apply 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

5.  If any product contains a level of pesticide residue above that permitted under either regulation 3(1) or 4(1), the Minister of Agriculture, Fisheries and Food and the National Assembly for Wales shall each have the 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 said Assembly, as the case may be, to be necessary.

Sampling and analysis

6.  In determining for the purposes of regulation 3(1) or 4(1) whether the level of pesticide residue left or contained in any product exceeds the maximum permitted level—

(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 the Codex Recommended Method of Sampling for the Determination of Pesticide Residues(26) shall so far as is practicable be followed;

(c)in the case of any product named in paragraph 3, 4, or 5 of Part 1 of Schedule 2 which has been dried that Part of that Schedule shall have effect as if for the number of milligrams of each pesticide residue specified opposite the name of that product there were substituted that number of milligrams divided by the fraction of 1 kilogram to which 1 kilogram of the product is reduced by the drying process;

(d)in the case of any product named in Part 2 of Schedule 2 which has been dried or processed, that Part of that Schedule shall have effect where no such maximum permitted level of pesticide residue is specified therein for the product in its dried or processed form as if the maximum permitted level of pesticide residue specified opposite the name of the product in that Part of that Schedule has been modified to take account of the concentration of the product caused by the drying process or, as the case may be, the dilution or concentration of the product caused by the processing; and

(e)in a case where two or more products have been mixed to form a single composite food in relation to which no such maximum permitted levels are specified in Part 2 of Schedule 2, that Part of that Schedule shall have effect as if such maximum permitted levels had been specified in relation to that composite food for each of the pesticide residues which are specified therein opposite the names of each of the products which have been mixed to form the composite food, taking into account—

(i)the relative concentrations of each of the constituent products in the mixture; and

(ii)the provisions of paragraph (d) above.

Revocations

7.  The Regulations specified in Schedule 4 are hereby revoked in so far as they apply to England and Wales.

Regulation 2(3)

SCHEDULE 1

Regulation 3(1)

SCHEDULE 2

PART 1

FOOTNOTES

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.  Other cereals do not include rice.

3.  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.

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

5.  For preserved, concentrated or sweetened cow’s milk, for raw milk and whole cream milk of another 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 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.

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

Regulation 4(1)

SCHEDULE 2

PART 2

FOOTNOTES

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.  Other cereals do not include rice.

3.  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.

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

5.  For preserved, concentrated or sweetened cow’s milk; for raw milk and whole cream milk of another 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 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.

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

7.  Sheepmeat only.

8.  Poultrymeat only.

9.  All meat except sheepmeat.

10.  Other meat products.

11.  All meat except poultrymeat.

12.  Pig kidney.

13.  Cattle, goat and sheep kidney.

14.  Procymidone: 1 mg/kg applies to whole seed; 0.05 mg/kg applies to seed without shell.

15.  All meat except liver and kidney.

16.  Ruminant liver.

17.  All meat except ruminant liver.

18.  For animal products MRLs relate to cyhalothrin (sum of isomers)

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

20.  Footnotes 3, 5 and 6 do not apply in cases where the lower limit of analytical determination is indicated.

21.  Meat of cattle, sheep and goats.

22.  Other than meat or liver of cattle, sheep and goats, and poultry meat.

23.  Liver of cattle, sheep and goats. The residue definition for this MRL is: 1,1-bis-(parachlorophenol)-2,2-dichloroethanol (PP'-FW152), expressed as dicofol.

24.  Fat, liver and kidney.

25.  Other than fat, liver and kidney.

26.  The residues definition for these MRLs is: sum of propyzamide and all metabolites containing the 3,5-dichlorobenzoic acid fraction expressed as propyazime.

Regulation 6(a)

SCHEDULE 3

Note: The word ‘fresh’ is taken to extend to products which have been chilled.

Regulation 7

SCHEDULE 4REVOCATIONS

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to England and Wales only, are made under section 2(2) of the European Communities Act 1972 and Part III of the Food and Environment Protection Act 1985 and consolidate and replace the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994 (S.I. 1994/1985) and the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1995 to 1999 (S.I. 1995/1483, 1996/1487, 1997/567, 1998/2922 and 1999/1109).

To the extent that the Regulations are made under the European Communities Act 1972, regulation 4 and Schedule 2 Part 2 specify maximum levels of pesticide residues which crops, food and feeding stuffs may contain in implementation of Council Directive 86/362/EEC (OJ No. L221, 7.8.86, p. 37) and Council Directive 86/363/EEC (OJ No. L221, 7.8.86, p. 43) as regards cereals and products of animal origin, and Council Directive 90/642/EEC (OJ No. L350, 14.12.90, p. 71) as regards certain products of plant origin (including fruit and vegetables), each as last amended by Commission Directive 1999/71/EC (OJ No. L194, 27.7.99, p. 36) (these Directives as so amended being referred to in these Regulations as “the Residues Directives”). In particular, these Regulations specify for the first time maximum residue levels for the pesticide Azoxystrobin in implementation of Commission Directive 1999/71/EC. Regulation 4 also creates offences, specifies penalities, provides defences and confers enforcement powers where these maximum residue levels have been exceeded in respect of products put into circulation.

To the extent that these Regulations are made under the Food and Environment Protection Act 1985, they specify maximum levels of pesticide residues which may be left in crops, food and feeding stuffs which are not the subject of the Residues Directives. Since they are made under section 16(2)(k) of that Act, regulation 3 and Schedule 2 Part 1) do no more than specify the maximum residue level which may be left in a particular product. Offences and penalties for contravention of regulation 3 are prescribed respectively by sections 16(12) and 21(3) of that Act.

The Regulations also confer powers to seize and dispose of products where maximum residue levels have been exceeded (regulation 5) and prescribe how much of a particular product is to be taken into account in determining whether a maximum residue level has been exceeded in accordance with Council Directive 90/642/EEC (regulation 6 and Schedule 3). Provision is also made with regard to the manner for determining whether maximum residue levels have been exceeded when found in dried or processed products or composite foods, so far as these are the subject of the Residues Directives (regulation 6).

The Regulations include certain drafting improvements to the preceding legislation, in particular omitting reference to the means by which a pesticide residue may come to be in any product (see regulations 2(3), 3(1) and 4(1)) and clarifying the provisions setting maximum residue levels in their application to dried or processed products or composite foods (see regulations 3(2), 4(2) and (3)).

These Regulations revoke the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994 (S.I. 1994/1985) and the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1995 to 1999 (S.I. 1995/1483, 1996/1487, 1997/567, 1998/2922 and 1999/1109) in so far as they apply to England and Wales (regulation 7 and Schedule 4).

A copy of the Codex Recommendations is available for inspection at the library of the Ministry of Agriculture, Fisheries and Food, Whitehall Place, London SW1A 2EY.

A regulatory impact assessment has been prepared in respect of these Regulations. Copies of this assessment can be obtained from the Pesticides Safety Directorate of the Ministry of Agriculture, Fisheries and Food, Room 313, Mallard House, Kings Pool, 3 Peasholme Green, York YO1 7PX. A copy has been placed in the library of each House of Parliament.