Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 (S.I. No. 3286 of 2005)

S T A T U T O R Y I N S T R U M E N T S 2005 No. 3286 AGRICULTURE, ENGLAND AND WALES PESTICIDES, ENGLAND AND WALES The Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) (England and Wales) Regulations 2005 Made - - - - - 29th November 2005 Laid before Parliament 1st December 2005 Coming into force - - 22nd December 2005 The Secretary of State for Environment, Food and Rural AVairs and the National Assembly for Wales, being designated(a) for the purposes of section 2(2) of the European Communities Act 1972(b) in relation to the common agricultural policy of the European Community, acting jointly (the National Assembly for Wales acting in relation to Wales only), in exercise of the powers conferred upon them by that section, hereby make the following Regulations: Title, commencement and extent 1.—(1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) (England and Wales) Regulations 2005 and shall come into force on 22nd December 2005. (2) These Regulations shall extend to England and Wales only. Interpretation 2.—(1) In these Regulations— “Directive 76/895” means Council Directive 76/895/EEC relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables(c); “Directive 86/362” means Council Directive 86/362/EEC on the fixing of maximum levels for pesticide residues in and on cereals(d); “Directive 86/363” means Council Directive 86/363/EEC on the fixing of maximum levels for pesticide residues in and on foodstuVs of animal origin(e); “Directive 90/642” means Council Directive 90/642/EEC on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables(f); a)( S.I. 1972/1811 and, in the case of the National Assembly for Wales, S.I. 2005/2766. b)( 1972 c. 68. c)( OJ No. L340, 9.12.1976, p. 26, as last amended by Council Regulation (EC) No. 807/2003 (OJ No. L122, 16.5.2003, p. 36). d)( OJ No. L221, 7.8.1986, p. 37, as last amended by Commission Directive 2005/48/EC (OJ No. L219, 24.8.05, p. 29). e)( OJ No. L221, 7.8.1986, p. 43, as last amended by Commission Directive 2005/48/EC (OJ No. L219, 24.8.05, p. 29). f )( OJ No. L350, 14.12.1990, p. 71, as last amended by Commission Directive 2005/48/EC (OJ No. L219, 24.8.05, p. 29). 1 “EEA State” means a member State, Norway, Iceland or Liechtenstein; “fruit or vegetable” means a product referred to in Article 1 of Directive 90/642; “maximum residue level” means the maximum quantity of pesticide residue (measured in milligrams per kilogram of product) that a product is permitted to contain under regulation 3; “pesticide” means any substance, preparation or organism listed in column 1 of Schedule 1; “pesticide residue” means, in relation to any particular pesticide, the substance specified in column 2 of Schedule 1 in respect of that pesticide; “product” means any crop, food or feeding stuV specified in Schedule 2; “putting into circulation”, in relation to any product, means handing it over (post-harvest if the product is a fruit or vegetable), whether or not for consideration; and “the Residues Directives” means Directive 76/895, Directive 86/362, Directive 86/363 and Directive 90/642, in each case as amended at the date of the making of these Regulations. (2) The expressions “composite food”, “drying” and “processing” when used in regulation 3 or in paragraph (c) or (d) of regulation 5 have the same meaning as when used in the Residues Directives and any related expressions shall be construed accordingly. Prohibition on putting into circulation products with excess residues 3.—(1) No person shall put into circulation a product named in Schedule 2 if it contains a quantity of pesticide residue, per kilogram of the product, greater than that specified in that Schedule in respect of that product and the pesticide in question, for the period (if any) specified. (2) Subject to paragraph (3), paragraph (1) shall also apply in relation to the putting into circulation of— (a) any product which after drying or processing is obtained from any of the products named in Schedule 2, and (b) any composite food which includes any of the products named in that Schedule, as it applies to the products so named. (3) Where— (a) paragraph (1) applies in relation to a dried or processed product or a composite food by virtue of paragraph (2), and (b) in relation to that dried or processed product or composite food no quantity has been specified in Schedule 2 as the maximum residue level in respect of a pesticide residue which may be contained in that dried or processed product or composite food, paragraph (1) applies as if the maximum residue level in respect of that pesticide residue were the quantity applicable under that Schedule as it has eVect by virtue of regulation 5(c) or, as the case may be, (d). (4) Any person who, without reasonable excuse, contravenes or causes or permits any other person to contravene the prohibition in paragraph (1) shall be guilty of an oVence, 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 oVence under this regulation in relation to any product, whether or not dried or processed or a composite food, it is a defence for the person charged to prove that when the product 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 contravention of the prohibition in paragraph (1) was caused by the product being treated in a manner— (i) required by the country of destination in order to prevent the introduction of harmful organisms into its territory; or 2 (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 foodstuVs and animal feed; or (ii) it be used for sowing or planting. (6) Sections 19 (enforcement powers), 21(5) (oVences—penalties etc) and 22 (general defence of due diligence) of, and Schedule 2 (oYcers and their powers) 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 in those sections to that Act or any part of it to be references to this regulation, and the general purposes of that Act to include the purposes of this regulation. Seizure or disposal of crops, food or feeding stuVs 4.—(1) If any product contains a quantity of pesticide residue greater than that permitted under regulation 3(1), the Secretary of State (in England) and the National Assembly for Wales (in Wales) may— (a) seize or dispose of the consignment containing that product, or any part of it, or require the owner or any person appearing to be in charge of it to dispose of it, or (b) direct the owner or any person appearing to be in charge of it to take such remedial action as appears to the Secretary of State or the National Assembly for Wales, as the case may be, to be necessary. (2) Paragraph (1) applies to any product put into circulation in circumstances referred to in regulation 3(5)(a) or (b) as it applies to other products. Sampling and analysis 5. In determining for the purposes of regulation 3(1) whether the quantity of pesticide residue contained in any product exceeds the maximum residue level— (a) in relation to any product specified in column 2 of Schedule 3 (and falling within a group of products specified in column 1 of that Schedule) the whole or part only of that product shall, so far as is practicable, be taken into account as specified in column 3 of that Schedule; (b) the procedure to be followed for sampling for the determination of pesticide residues shall be that set out in the Annex to Commission Directive 2002/63/EC(a); (c) in the case of any product which has been dried or processed, Schedule 2 shall have eVect where, in relation to a pesticide residue, no such maximum residue level is specified therein for the product in its dried or processed form, as if the maximum residue level specified in that Schedule in respect of that pesticide residue and in relation to the product in question were subject to an adjustment 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 (d) in a case where a product listed in Schedule 2 has been mixed with other products or ingredients to form a composite food, that Schedule shall have eVect, in relation to that composite food, as if the products which have been mixed to form the composite food had not been mixed and accordingly the maximum residue levels specified for each of the pesticide residues specified applied in relation to each of those products separately taking into account— (i) the relative concentrations of each of the products in the composite food; and (ii) the provisions of paragraph (c). a)( OJ No. L187, 16.7.2002, p. 30. 3 Revocations 6. The Regulations specified in Schedule 4 are revoked. D Ellis-Thomas Presiding OYcer National Assembly for Wales29th November 2005 Bach Parliamentary Under Secretary of State Department for Environment, Food and Rural AVairs29th November 2005 4 SCHEDULE 1 Regulation 2(1) Pesticide Residues Column 1 Column 2 Pesticide Residue 1,1-dichloro-2,2-bis (4- 1,1-dichloro-2,2-bis (4-ethyl-phenyl-) ethane ethyl-phenyl-) ethane 1,2-Dibromoethane (1) for products of plant origin other than cereals: 1,2 dibromoethane (ethylene dibromide) (2) for cereals: 1,2-dibromoethane 1,2-Dichloroethane 1,2-dichloroethane 2,4-D (1) for products of plant origin: 2,4-D (sum of 2,4-D and its esters) expressed as 2,4-D (2) for foodstuVs of animal origin: 2,4-D 2,4-DB 2,4-DB 2,4,5-T 2,4,5-T Abamectin abamectin (sum of avermectin B1a, avermectin B1b and delta-8, 9 isomer of avermectin B1a) Acephate acephate Acibenzolar-S-methyl acibenzolar-S-methyl Aldicarb sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb Aldrin and Dieldrin (1) for products of plant origin other than cereals: aldrin and dieldrin combined expressed as dieldrin (2) for cereals and foodstuVs of animal origin: aldrin and dieldrin singly or combined, expressed as Dieldrin (HEOD) Amitraz amitraz including the metabolites containing the 2,4 dimethylaniline moiety expressed as amitraz Amitrole amitrole Aramite aramite Atrazine atrazine Azimsulfuron azimsulfuron Azinphos-ethyl azinphos-ethyl Azinphos-methyl azinphos-methyl Azocyclotin and Cyhexatin azocyclotin and cyhexatin (sum of azocyclotin and cyhexatin expressed as cyhexatin) Azoxystrobin azoxystrobin Barban barban Benalaxyl benalaxyl Benfuracarb benfuracarb Benomyl, Carbendazim and benomyl, carbendazim and thiophanate-methyl (expressed as Thiophanate-methyl carbendazim) Bentazone bentazone (sum of bentazone and conjugates 6-OH- and 8-OH bentazone expressed as bentazone) Bifenthrin bifenthrin Binapacryl binapacryl Bitertanol bitertanol Bromophos-ethyl bromophos-ethyl Bromopropylate bromopropylate Camphechlor (Toxaphene) (1) for products of plant origin other than cereals: camphechlor (toxaphene) (2) for cereals: camphechlor (chlorinated camphen with 67–69% chlorine) (3) for foodstuVs of animal origin: camphechlor (sum of the three indicator compounds Parlar No 26 (2-endo, 3-exo, 5-endo, 6-exo, 8, 8, 10, 10-octachlorobornane), Parlar No 50 (2-endo, 3-exo, 5-endo, 6-exo, 8, 8, 9, 10, 10-nonachlorobornane) and Parlar No 62 (2, 2, 5, 5, 8, 9, 9, 10, 10-nonachlorobornane) Captafol captafol Carbaryl carbaryl Carbofuran sum of carbofuran and 3-hydroxy-carbofuran, expressed as carbofuran Carbon disulphide carbon disulphide Carbon tetrachloride carbon tetrachloride Carbosulfan carbosulfan Carfentrazone-ethyl carfentrazone-ethyl (determined as carfentrazone and expressed as carfentrazone-ethyl) Cartap cartap 5 Column 1 Column 2 Pesticide Residue Chlorbenside chlorbenside Chlorbufam chlorbufam Chlordane (1) for products of plant origin other than cereals: chlordane (sum of cis- and trans-chlordane) (2) for cereals: chlordane (sum of cis- and trans-isomers expressed as chlordane) (3) for foodstuVs of animal origin: (sum of cis- and trans-isomers and oxychlordane expressed as chlordane) Chlorfenapyr chlorfenapyr Chlorfenson chlorfenson Chlorfenvinphos sum of E- and Z-isomers of chlorfenvinphos Chlormequat chlormequat Chlorobenzilate chlorobenzilate Chlorothalonil chlorothalonil Chloroxuron chloroxuron Chlorpyrifos chlorpyrifos Chlorpyrifos-methyl chlorpyrifos-methyl Chlozolinate chlozolinate Cinidon-ethyl cinidon-ethyl (sum of cinidon-ethyl and its E-isomer) Clofentezine (1) for products of plant origin other than cereals: clofentezine (2) for cereals and foodstuVs of animal origin: clofentezine (sum of all compounds containing the 2-chlorobenzoyl moiety expressed as clofentezine) Cyazofamid cyazofamid Cyclanilide cyclanilide Cyfluthrin (1) for products of plant origin other than cereals: cyfluthrin and b cyfluthrin(sum of isomers) (2) for cereals and foodstuVs of animal origin: cyfluthrin, including other mixed isomeric constituents (sum of isomers) Cyhalofop butyl cyhalofop butyl (sum of cyhalofop butyl and its free acids) Cypermethrin cypermethrin, including other mixtures of constituent isomers (sum of isomers) Cyromazine cyromazine Daminozide sum of daminozide and 1,1 -dimethyl-hydrazine expressed as daminozide DDT sum of pp’-DDT, op’-DDT, pp’-DDE and pp’-TDE (DDD) expressed as DDT Deltamethrin deltamethrin Diallate diallate Diazinon diazinon Dichlofluanid dichlofluanid Dichlorprop dichlorprop (including dichlorprop P) Dichlorvos dichlorvos Dicofol (1) for products of plant origin and for foodstuVs of animal origin: except liver of cattle, sheep and goats: sum of P, P’ and O, P’ isomers (2) for foodstuVs of animal origin: liver of cattle sheep and goats: 1.1-bis-(parachlorophenol)-2,2-dichloroethanol (PP’-FW152), expressed as dicofol Dimethoate dimethoate (sum of dimethoate and omethoate expressed as dimethoate) Dinoseb dinoseb Dinoterb dinoterb Dioxathion dioxathion Diphenylamine diphenylamine Diquat diquat Disulfoton sum of disulfoton, disulfoton sulphoxide and disulfoton sulphone expressed as disulfoton DNOC DNOC Endosulfan sum of alpha- and beta- isomers and of endosulfan sulphate, expressed as endosulfan Endrin endrin Ethephon ethephon Ethion ethion 6 Column 1 Column 2 Pesticide Residue Ethofumesate ethofumesate (sum of ethofumesate and the metabolite 2, 3 dihydro-3,3-dimethyl-2-oxo-benzofuran-5-yl methane sulphonate expressed as ethofumesate) Ethoxysulfuron ethoxysulfuron Ethylene oxide ethylene oxide (sum of ethylene oxide and 2-chloro-ethanol expressed as ethylene oxide) Famoxadone famoxadone Fenamidone fenamidone Fenamiphos fenamiphos (sum of fenamiphos and its sulphoxide and sulphone expressed as fenamiphos) Fenarimol fenarimol Fenbutatin oxide fenbutatin oxide Fenchlorphos fenchlorphos (sum of fenchlorphos and fenchlorphos oxon, expressed as fenchlorphos) Fenhexamid fenhexamid Fenitrothion fenitrothion Fenpropimorph (1) for products of plant origin: fenpropimorph (2) for foodstuVs of animal origin: fenpropimorph carboxylic acid (BF 421-2) expressed as fenpropimorph Fentin fentin expressed as triphenyltin cation Fentin acetate fentin acetate Fentin hydroxide fentin hydroxide Fenvalarate and (1) sum of RR and SS isomers Esfenvalerate (2) sum of RS and SR isomers Florasulam florasulam Flucythrinate (1) for products of plant origin other than cereals: flucythrinate (2) for cereals and foodstuVs of animal origin: sum of isomers expressed as flucythrinate Flufenacet (1) for products of plant origin other than cereals: flufenacet (sum of all compounds containing the N fluorophenyl-N-isopropyl moiety expressed as flufenacet) (2) for cereals: flufenacet (sum of all compounds containing the N fluorophenyl-N-isopropyl moiety expressed as flufenacet equivalent) Flumioxazine flumioxazine Flupyrsulfuron-methyl flupyrsulfuron-methyl Fluroxypyr (1) for products of plant origin: fluroxypyr and its esters expressed as fluroxypyr (2) for foodstuVs of animal origin: fluroxypyr Folpet folpet Foramsulfuron foramsulfuron Formothion formothion Fosthiazate fosthiazate Furathiocarb furathiocarb Glyphosate glyphosate Heptachlor sum of heptachlor and heptachlor epoxide, expressed as heptachlor Hexachlorobenzene (HCB) hexachlorobenzene Hexachlorocyclohexane (HCH) HCH, sum of isomers except the gamma isomer Hexaconazole hexaconazole Hydrogen cyanide hydrogen cyanide, cyanides expressed as hydrogen cyanide Hydrogen phosphide hydrogen phosphide, phosphides expressed as hydrogen phosphide Imazalil imazalil Imazamox imazamox Iodosulfuron-methyl sodium iodosulfuron-methyl sodium (iodosulfuron-methyl including salts, expressed as iodosulfuron-methyl) Iprodione (1) for products of plant origin: iprodione (2) for foodstuVs of animal origin: sum of compounds and all metabolites containing the 3,5-dichloroaniline moiety expressed as 3,5 dichloroaniline Iprovalicarb iprovalicarb Isoproturon isoproturon Isoxaflutole isoxaflutole (sum of isoxaflutole, RPA 202248 (2-cyano 3 cyclopropyl-1-(2-methylsulfonyl-4-trifluoromethylphenyl) propane-1,3-dione) and RPA 203328 (2-methane-sulfonyl-4 trifluoromethylbenzoic acid) expressed as isoxaflutole) 7 Column 1 Column 2 Pesticide Residue Kresoxim-methyl (1) for products of plant origin: kresoxim-methyl (2) for foodstuVs of animal origin: eggs: kresoxim-methyl; milk: 2-[2-(4-hydroxy-2-methylphenoxymethyl) phenyl]-2 methoxy-imino-acetic acid; meat, liver, fat and kidney: 2-methyloxyimino-2-[2-(o tolyloxymethyl) phenyl] acetic acid Lambda-cyhalothrin (1) for products of plant origin: lambda-cyhalothrin (2) for foodstuVs of animal origin: lambda-cyhalothrin including other mixed isomeric constituents (sum of isomers) Lindane lindane (hexachloro-cyclohexane γ) Linuron linuron Malathion malathion (sum of malathion and malaoxon, expressed as malathion Maleic hydrazide maleic hydrazide Maneb, Mancozeb, (1) for products of plant origin other than cereals: maneb, Metiram, Propineb and mancozeb, metiram, propineb and zineb (sum expressed as CS2) Zineb (2) for cereals and foodstuVs of animal origin: determined and expressed as carbon disulphide (CS2) Mecarbam mecarbam Mecoprop mecoprop (sum of mecoprop-p and mecoprop expressed as mecoprop) Mercury compounds (1) for products of plant origin other than cereals: sum of mercury compounds expressed as mercury (2) for cereals: mercury compounds (3) for foodstuVs of animal origin: sum of mercury compounds Mesotrione mesotrione (sum of mesotrione and MNBA (4-methyl-sulfonyl 2-nitro benzoic acid), expressed as mesotrione Metalaxyl (1) for products of plant origin other than cereals: metalaxyl including other mixtures of constituent isomers including metalaxyl-m (sum of isomers) (2) for cereals and foodstuVs of animal origin: metalaxyl Metalaxyl-M metalaxyl-m Methacrifos methacrifos Methamidophos methamidophos Methidathion methidathion Methomyl thiodicarb (1) for products of plant origin other than cereals: methomyl/thiodicarb (sum expressed as methomyl) (2) for cereals and for foodstuVs of animal origin: sum of methomyl and thiodicarb expressed as methomyl Methoxychlor methoxychlor Methyl bromide methyl bromide (bromomethane) (bromomethane) Metsulfuron methyl metsulfuron methyl Mevinphos sum of cis- and trans- mevinphos Molinate molinate Monocrotophos monocrotophos Monolurinon monolurinon Myclobutanil (1) for products of plant origin: myclobutanil (2) for foodstuVs of animal origin: Alpha -(3-hydroxybutyl) alpha- (4-chloro-phenyl)- 1H–1,2,4 -triazole- 1 -propanenitrile (RH 9090) expressed as myclobutanil Nitrofen nitrofen Oxadiargyl oxadiargyl Oxasulfuron oxasulfuron Oxydemeton methyl oxydemeton methyl (sum of oxydemeton methyl and demeton S–methylsulfone expressed as oxydemeton methyl) Paraquat paraquat Parathion parathion Parathion-methyl parathion-methyl (sum of Parathion-methyl and para-oxon-methyl expressed as Parathion-methyl) Penconazole penconazole Pendimethalin pendimethalin Permethrin permethrin (and sum of isomers) 8 Column 1 Column 2 Pesticide Residue Phorate sum of phorate, its oxygen analogue and their sulfoxides and sulphones expressed as phorate Phosalone phosalone Phosmet sum of phosmet and phosmet oxon expressed as phosmet Phosphamidon phosphamidon Phoxim phoxim Picolinafen picolinafen Picoxystrobin picoxystrobin Pirimiphos-methyl pirimiphos-methyl Prochloraz prochloraz (sum of prochloraz and its metabolites containing the 2,4,6 -Trichlorophenol moiety expressed as prochloraz) Procymidone (1) for products of plant origin: procymidone (2) for foodstuVs of animal origin: sum of procymidone and all metabolites containing the 3,5-dichloroaniline moiety expressed as 3,5-dichloroaniline Profenofos profenofos Prohexadione prohexadione and its salts expressed as prohexadione Propargite propargite Propham propham Propiconazole propiconazole Propoxur propoxur Propyzamide (1) for products of plant origin: propyzamide (2) for foodstuVs of animal origin: sum of propyzamide and all metabolites containing the 3,5-dichlorobenzoic acid fraction expressed as propyzamide Prosulfuron prosulfuron Pymetrozine pymetrozine Pyraflufen-ethyl pyraflufen-ethyl Pyrazophos pyrazophos Pyrethrins sum of pyrethrins I and II, cinerins l and II, jasmolins l and II Pyridate pyridate (sum of pyridate, its hydrolysis product CL 9673 (6 chloro-4-hydroxy-3-phenylpyridazin) and hydrolysable conjugates of CL 9673 expressed as pyridate) Quinalphos quinalphos Quintozene (1) for products of plant origin: quintozene (sum of quintozene, and pentachloroaniline expressed as quintozene) (2) for foodstuVs of animal origin: quintozene Resmethrin resmethrin, including other mixtures of constituent isomers (sum of isomers) Silthiofam silthiofam Spiroxamine (1) for products of plant origin: spiroxamine (2) for foodstuVs of animal origin: spiroxamine carboxylic acid expressed as spiroxamine Sulfosulfuron sulfosulfuron Tecnazene tecnazene TEPP TEPP Thiabendazole (1) for products of plant origin: thiabendazole (2) for foodstuVs of animal origin: sum of thiabendazole and 5 hydroxy thiabendazole Thifensulfuron methyl thifensulfuron methyl Triadimefon and triadimefon and triadimenol (sum of triadimefon and triadimenol) Triadimenol Triasulfuron triasulfuron Triazophos triazophos Trichlorfon trichlorfon Tridemorph tridemorph Trifloxystrobin trifloxystrobin Triforine triforine Vinclozolin sum of vinclozolin and all metabolites containing 3, 5 dichloroaniline moiety, expressed as vinclozolin SCHEDULE 2 Regulations 2(1), 3 and 5 Maximum Residue Levels This table is to be read with the footnotes at the end 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 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 foodstuV 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’smilk and fresh whole cream cow’s milk expressed on the wholemilk. 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. 243 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. For eggs and egg products with a fat content higher than 10%, the maximum level is expressed in mg/ kg fat. In this case, the maximum level is 10 times higher than the maximum level for fresh eggs. 8. Kidney except of poultry. 9. All other meat, edible oVal, fat and preparations of meat and edible oVal. 10. All meat. 11. All liver and kidney. 12. Liver of bovine animals. 13. Broccoli includes calabrese. 14. Meat of poultry. 15. Meat of bovine animals. 16. Fat of bovine animals. 17. Except poultry. 18. Liver of chicken. 19. Kidney of bovine animals. 20. Liver of bovine animals, sheep and goats. 21. Except foodstuVs of ovine origin. 22. Meat of bovine animals, sheep and goats. 23. Except meat 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 oVal. 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. 244 SCHEDULE 3 Regulation 5(a) Note: The word ‘fresh’ extends to products which have been chilled Column 1 Column 2 Column 3 Group of products Products included in the groups Part of product to which maximum residue levels apply 1. Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar; nuts (i) CITRUS FRUIT Grapefruit Whole Product Lemons Limes Mandarins (including clementines and similar hybrids) Oranges Pomelos Others (ii) TREE NUTS (shelled or Almonds Whole product after removal unshelled) Brazil nuts of shell Cashew nuts Chestnuts Coconuts Hazelnuts Macadamia nuts Pecans Pine nuts Pistachios Walnuts Others (iii) POME FRUIT Apples Whole product after removal Pears of stems Quinces Others (iv) STONE FRUIT Apricots Whole product after removal Cherries of stems Peaches (including nectarines and similar hybrids) Plums Others (v) BERRIES AND SMALL (a) Table and wine grapes Whole product after removal FRUIT Table grapes of caps and stems (if any) Wine grapes and, in the case of currants, (b) Strawberries fruits with stems (other than wild) (c) Cane fruit (other than wild) Blackberries Dewberries Loganberries Raspberries Others (d) Other small fruit and berries (other than wild) Bilberries Cranberries Currants (red, black and white) Gooseberries Others (e) Wild berries and wild fruit 245 (vi) MISCELLANEOUS Avocados Whole fruit after removal of Bananas stems (if any) and in the case Dates of pineapple, after removal of Figs the crown Kiwi fruit Kumquats Litchis Mangoes Olives (table consumption)L L Whole fruit after removal Olives (oil extract) of stems (if any), after Papaya removal of soil (if any) by Passion fruit rinsing in running water Pineapples Pomegranates Others 2. Vegetables, fresh or uncooked, frozen or dry (i) ROOT AND TUBER Beetroot Whole product after removal VEGETABLES Carrots of tops and adhering soil (if Celeriac any) (removal of soil by Horseradish rinsing in running water or Jerusalem artichokes by gentle brushing of the dry Parsnips product) Parsley root Radishes Salsify Sweet potatoes Swedes Turnips Yams Others (ii) BULB VEGETABLES Garlic For dry onions, shallots and Onions garlic: whole product after Shallots removal of easily detachable Spring onions skin and soil (if any); onions, Others shallots and garlic other than dry, spring onions: whole product after removal of roots and soil (if any) (iii) FRUITING (a) Solanacea Whole product after removal VEGETABLES Tomatoes of stems Peppers Chilli peppers Aubergines Others (b) Cucurbits—edible peel Cucumbers Gherkin Courgettes Others (c) Cucurbits—inedible peel Melons Squashes Watermelons Others (d) Sweet corn Kernels or cobs without husks (iv) BRASSICA (a) Flowering brassicas Cauliflower and broccoli VEGETABLES Broccoli curd only Cauliflower Others (b) Head brassicas Product after removal of Brussels sprouts decayed leaves (if any) Head cabbage Others 246 (c) Leafy brassicas Chinese cabbage Kale Others (d) Kohlrabi Whole product after removal of tops and adhering soil (if any) (removal of soil by rinsing in running water or by gentle brushing of the dry product) (v) LEAF VEGETABLES (a) Lettuce and similar Whole product after removal AND FRESH HERBS Cress of decayed outer leaves, root Lamb’s lettuce and soil (if any) Lettuce Scarole Others (b) Spinach and similar Spinach Beet leaves (chard) Others (c) Watercress (d) Witloof (e) Herbs Chervil Chives Parsley Celery Leaves Others (vi) LEGUME Beans (with pods) Whole product after removal VEGETABLES (FRESH) Beans (without pods) of pods or with pods if they Peas (with pods) are intended to be eaten Peas (without pods) Others (vii) STEM VEGETABLES Asparagus Whole product after removal Cardoons of decayed tissue and soil (if Celery any); leeks and fennel: whole Fennel product after removal of Globe artichokes roots and soil (if any) Leeks Rhubarb Others (viii) FUNGI Mushrooms (other than wild) Whole product after removal Wild Mushrooms of soil or growing medium 3. Pulses Beans Whole product Lentils Peas Others 4. Oil seeds Linseed Whole seed or kernel after Peanuts removal of shell and husk Poppy seed when possible Rape seed Sesame seed Sunflower seed* * Whole seed, including shell Soya bean when present, and whole seed Others without shell, when the shell is absent 5. Potatoes Early potatoes Whole product after removal Ware potatoes of soil (if any) (removal of soil by rinsing in running water or by gentle brushing of the dry product) 6. Tea (dried leaves and stalks, fermented or otherwise, Camellia Whole product sinensis) 247 7. Hops (dried), including hop pellets and unconcentrated Whole product powder 8. Cereals Wheat Whole grain without husk Rye Barley Sorghum Oats Triticale Maize Buckwheat Millet Rice Other cereals 9. FoodstuVs of animal origin Meat, fat and preparations of Whole commodity (for fat meat soluble pesticides a portion of carcase fat is analysed and MRLs apply to carcase fat) Milk Whole commodity Eggs Whole egg whites and yolks combined after removal of shells SCHEDULE 4 Regulation 6 Revocations Title Number The Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) S.I. 1999/3483 (England and Wales) Regulations 1999 The Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) S.I. 2001/1113 (England and Wales) (Amendment) Regulations 2001 The Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) S.I. 2001/2420 (England and Wales) (Amendment) (No.2) Regulations 2001 The Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) S.I. 2001/3834 (England and Wales) (Amendment) (No.3) Regulations 2001 The Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) S.I. 2002/1767 (England and Wales) (Amendment) Regulations 2002 The Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) S.I. 2002/2723 (England and Wales) (Amendment) (No.2) Regulations 2002 The Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) S.I. 2003/661 (England and Wales) (Amendment) Regulations 2003 The Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) S.I. 2003/2591 (England and Wales) (Amendment) (No.2) Regulations 2003 The Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) S.I. 2004/676 (England and Wales) (Amendment) Regulations 2004 The Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) S.I. 2004/1393 (England and Wales) (Amendment) (No.2) Regulations 2004 The Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) S.I. 2004/2559 (England and Wales) (Amendment) (No.3) Regulations 2004 The Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) S.I. 2005/432 (England and Wales) (Amendment) Regulations 2005 The Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) S.I. 2005/1725 (England and Wales) (Amendment) (No.2) Regulations 2005 248 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 consolidate and replace the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding StuVs) (England and Wales) Regulations 1999 (S.I. 1999/3483) as amended by S.I. 2001/1113, S.I. 2001/2420, S.I. 2001/3834, S.I. 2002/1767, S.I. 2002/2723, S.I. 2003/661, S.I. 2003/2591, S.I. 2004/676, S.I. 2004/1393, S.I. 2004/2559, S.I. 2005/432 and S.I. 2005/1725—see regulation 6 and Schedule 4 for revocations. The Regulations specify maximum levels of pesticide residues which crops, food and feeding stuVs may contain in implementation of Council Directive 76/895/EEC (OJ No. L340, 9.12.1976, p. 26) relating to fruit and vegetables, 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), as amended (these Directives as so amended being referred to in these Regulations as “the Residues Directives”). In particular, these Regulations specify new maximum residue levels on products of plant origin including cereals for the pesticides Carfentrazone-ethyl, Fenamidone, Isoxaflutole, Maleic Hydrazide, Mecoprop, Propyzamide and Trifloxystrobin in implementation of Commission Directive 2005/37/EC (OJ No. L141, 4.6.2005, p. 10); on products of plant origin, cereals and foodstuVs of animal origin for Amitraz in implementation of Commission Directive 2005/46/EC (OJ No. L177, 9.7.2005, p. 35); and on products of plant origin, cereals and foodstuVs of animal origin for Flufenacet, Fosthiazate, Iodosulfuron-methyl sodium, Iprodione, Mesotrione, Molinate, Picoxystrobin, Propiconazole, Silthiofam in implementation of Commission Directive 2005/48/EC (OJ No. L219, 24.8.2005, p. 29). Regulation 3 also creates oVences, specifies penalties, provides defences and confers enforcement powers where maximum residue levels have been exceeded in respect of products put into circulation. The Regulations also confer powers to seize and dispose of products where maximum residue levels have been exceeded (regulation 4) 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 5(a) 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 5(c) and (d)). A regulatory impact assessment and transposition note have been prepared in respect of these Regulations. Copies of the assessment and note can be obtained from the Pesticides Safety Directorate, Room 308, Mallard House, Kings Pool, 3 Peasholme Green, York YO1 7PX or via the website www.pesticides.gov.uk. Copies have been placed in the library of each House of Parliament. 249 250 251 ? Crown copyright 2005 Printed and published in the UK by The Stationery OYce Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery OYce and Queen’s Printer of Acts of Parliament. E1607 12/2005 151607 19585