LegalizePesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002
SCHEDULE 3
Note: The word “fresh” is taken to extend 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 | 1 Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar: nuts | 1 Fruit, fresh, dried or uncooked, preserved by freezing, not containing added sugar: nuts |
| i Citrus Fruit | Grapefruit Lemons Limes Mandarins (including clementines and similar hybrids) Oranges Pomelos Others | }Whole Product |
| ii Tree Nuts (shelled or unshelled) | Almonds Brazil nuts Cashew nuts Chestnuts Coconuts Hazelnuts Macadamia nuts Pecans Pine nuts Pistachios Walnuts Others | }Whole product after removal of shell |
| iii Pome Fruit | Apples Pears Quinces Others | }Whole product after removal of stems |
| iv Stone Fruit | Apricots Cherries Peaches (including nectarines and similar hybrids) Plums Others | }Whole product after removal of stems |
| v Berries and Small Fruit | a Table and wine grapes Table grapes Wine grapes b Strawberries (other than wild) c Cane fruit (other than wild) Blackberries Dewberries Loganberries Rasperries 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 | }Whole product after removal of caps and stems (if any) and, in the case of currants, fruits with stems |
| vi Miscellaneous Fruit | Avocados Bananas Dates Figs Kiwi fruit Kumquats Litchis Mangoes Olives (table consumption)† Olives (oil extract) Papaya Passion fruit Pineapples Pomegranates Others | }Whole fruit after removal of stems (if any) and in the case of pineapple, after removal of the crown }† Whole fruit after removal of stems (if any) after removal of soil (if any) by rinsing in running water |
| 2 Vegetables, fresh or uncooked, frozen or dry | 2 Vegetables, fresh or uncooked, frozen or dry | 2 Vegetables, fresh or uncooked, frozen or dry |
| i Root and Tuber Vegetables | Beetroot Carrots Celeraiac Horseradish Jerusalem artichokes Parsnips Parsley root Radishes Salisfy Sweet potatoes Swedes Turnips Yams Others | }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) |
| ii Bulb Vegetables | Garlic Onions Shallots Spring Onions Others | }For dry onions, shallots and garlic: whole product after removal of easily detachable skin and soil (if any) Onions, shallots and garlic other than dry, spring onions: whole product after removal of roots and soil (if any) |
| iii Fruiting Vegetables | a Solancea Tomatoes Peppers Chilli peppers Aubergines Others b Cucurbits-edible peel Cucumbers Gherkin Courgettes Others c Cucurbits-inedible peel Melons Squashes Watermelons Others | }Whole product after removal of stems |
| d Sweet corn | }Kernels or cobs without husks | |
| iv Brassica Vegetables | a Flowering brassicas Broccoli Cauliflower Others | }Caulflower and broccoli curd only |
| b Head brassicas Brussels sprouts Head cabbage Others c Leafy brassicas Chinese cabbage Kale Others | }Product after removal of decayed leaves (if any) | |
| 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 and Fresh Herbs | a Lettuce and similar Cress Lamb’s lettuce Lettuce Scarole Others b Spinach and similar Spinach Beet leaves (chard) Others c Watercress d Witloof e Herbs Chervil Chives Parsley Celery leaves Others | }Whole product after removal of decayed outer leaves, root and soil (if any) |
| vi Legume Vegetables (Fresh) | Beans (with pods) Beans (without pods) Peas (with pods) Peas (without pods) Others | }Whole product after removal of pods or with pods if they are intended to be eaten |
| vii Stem Vegetables | Asparagus Cardoons Celery Fennel Globe artichokes Leeks Rhubarb Others | }Whole product after removal of decayed tissue and soil (if any); leeks and fennel: whole product after removal of roots and soil (if any) |
| viii Fungi | Mushrooms (other than wild) Wild Mushrooms | }Whole product after removal of soil or growing medium |
| 3 Pulses | 3 Pulses | 3 Pulses |
| Beans Lentils Peas Others | }Whole product | |
| 4 Oil seeds | 4 Oil seeds | 4 Oil seeds |
| Linseed Peanuts Poppy seed Rape seed Sesame seed Sunflower seed* Soya bean Others | }Whole seed or kernal after removal of shell and husk, when possible }* Whole seed including shell, when present, and whole seed without shell, when shell is absent | |
| 5 Potatoes | 5 Potatoes | 5 Potatoes |
| Early potatoes Ware potatoes | }Whole product after removal 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 sinensis) | 6 Tea (dried leaves and stalks, fermented or otherwise, Camellia sinensis) | }Whole product |
| 7 Hops (dried), including hop pellets and unconcentrated powder | 7 Hops (dried), including hop pellets and unconcentrated powder | }Whole product |
| 8 Cereal grains | 8 Cereal grains | 8 Cereal grains |
| Wheat Rye Barley Sorghum Oats Triticale Maize Buckwheat Millet Rice Other cereals | }Whole commodity without husk | |
| 9 Products of animal origin | 9 Products of animal origin | 9 Products of animal origin |
| Meat, fat and preparations of meat | }Whole commodity (for fat soluble pesticides a portion of carcass fat is analysed and MRLs apply to carcass fat) | |
| Milk | }Whole commodity | |
| Eggs | }Whole egg whites and yolks combined after removal of shells | |
| 10 Spices | 10 Spices | 10 Spices |
| Cumin seed Juniper berries Nutmeg Pepper, black and white Vanilla pods Others | }Whole product |
SCHEDULE 4 — Revocations
| Title | Number |
|---|---|
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (EEC Limits) Regulations (Northern Ireland) 1995 | S.R. 1995 No. 33 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (EEC Limits) (Amendment) Regulations (Northern Ireland) 1995 | S.R. 1995 No. 461 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (EEC Limits) (Amendment) Regulations (Northern Ireland) 1996 | S.R. 1996 No. 527 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (EEC Limits) (Amendment) Regulations (Northern Ireland) 1997 | S.R. 1997 No. 244 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (EEC Limits) (Amendment) Regulations (Northern Ireland) 1999 | S.R. 1999 No. 114 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (EEC Limits) (Amendment No. 2) Regulations (Northern Ireland) 1999 | S.R. 1999 No. 321 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (National Limits) Regulations (Northern Ireland) 1995 | S.R. 1995 No. 32 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (National Limits) (Amendment) Regulations (Northern Ireland) 1995 | S.R. 1995 No. 460 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (National Limits) (Amendment) Regulations (Northern Ireland) 1996 | S.R. 1996 No. 526 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (National Limits) (Amendment) Regulations (Northern Ireland) 1997 | S.R. 1997 No. 243 |
| Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (National Limits) (Amendment) Regulations (Northern Ireland) 1999 | S.R. 1999 No. 320 |
Signed
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 28th January 2002.
Liam McKibben — A senior officer of the — Department of Agriculture and Rural Development
Explanatory note
(This note is not part of the Regulations.)
These Regulations are made under section 2(2) of the European Communities Act 1972 and section 16(2) 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) (EEC Limits) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 33 as amended by S.R. 1995 No. 461, S.R. 1996 No. 527, S.R. 1997 No. 244, S.R. 1999 No. 114 and S.R. 1999 No. 321) and the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (National Limits) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 32 as amended by S.R. 1995 No. 460, S.R. 1996 No. 526, S.R. 1997 No. 243 and S.R. 1999 No. 320).
To the extent that the Regulations are made under the European Communities Act 1972, regulation 4 and Schedule 2 Part II specify maximum levels of pesticide residues which crops, food and feeding stuffs may contain in implementation of Council Directive 86/362/EEC (O.J. No. L221, 7.8.86, p. 37) and Council Directive 86/363/EEC (O.J. No. L221, 7.8.86, p. 43) as regards cereals and products of animal origin, each as last amended by Commission Directive 2000/58/EC (O.J. No. L244, 29.9.2000, p. 78) and Council Directive 90/642/EEC (O.J. No. L350, 14.12.90, p. 71) as regards certain products of plant origin (including fruit and vegetables), (as amended by Council Directives 93/58/EEC (O.J. No. L211, 23.8.93, p. 6), 94/30/EC (O.J. No. L189, 23.7.94, p. 70), 95/38/EC (O.J. No. L197, 22.8.95, p. 14), 95/61/EC (O.J. No. L292, 7.12.95, p. 27), 96/32/EC (O.J. No. L144, 18.6.96, p. 12), 97/41/EC, (O.J. No. L184, 12.7.97, p. 33) and Commission Directives 97/71/EC (O.J. No. L347, 18.12.97, p. 42), 98/82/EC (O.J. No. L290, 29.10.98, p. 25), 1999/65/EC (O.J. No. L172, 8.7.99, p. 40), 1999/71/EC (O.J. No. L194, 27.7.99, p. 36), 2000/24/EC (O.J. No. L107, 4.5.2000, p. 28), 2000/42/EC (O.J. No. L158, 30.6.2000, p. 51), 2000/48/EC (O.J. No. L197, 3.8.2000, p. 26), 2000/57/EC (O.J. No. L244, 29.9.2000, p. 76), 2000/58/EC (O.J. No. L244, 29.9.2000, p. 78) and 2001/35/EC (O.J. No. L136, 18.5.2001, p. 42)) (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 penalties, 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 I 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 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) (EEC Limits) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 33 as amended by S.R. 1995 No. 461, S.R. 1996 No. 527, S.R. 1997 No. 244, S.R. 1999 No. 114 and S.R. 1999 No. 321) and the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (National Limits) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 32 as amended by S.R. 1995 No. 460, S.R. 1996 No. 526, S.R. 1997 No. 243 and S.R. 1999 No. 320).
Footnotes
[^f00001]: S.I. 2000/2812
[^f00002]: 1972 c. 68; the powers conferred by section 2(2) were extended by virtue of the amendment of section 1(2) of the European Communities Act 1972 by section 1 of the European Economic Area Act 1993 (c. 51)
[^f00003]: 1985 c. 48; section 16 was amended by the Pesticides (Fees and Enforcement) Act 1989 (c. 27) and by the Pesticides Act 1998 (c. 26); see also section 25(2) and Article 3(4) of the Department (Northern Ireland) Order 1999 S.I. 1999/283 (N.I.1), and section 25(2A) as inserted by section 1(5) of the Pesticides Act 1998
[^f00004]: Established by S.R. 1987 No. 341
[^f00005]: O.J. No. L1, 3.1.94, p. 3
[^f00006]: O.J. No. L1, 3.1.94, p. 572
[^f00007]: O.J. No. L221, 7.8.86, p. 37
[^f00008]: O.J. No. L126, 20.5.88, p. 53
[^f00009]: O.J. No. L353, 17.12.90, p. 48
[^f00010]: O.J. No. L211, 23.8.93, p. 1
[^f00011]: O.J. No. L189, 23.7.94, p. 67
[^f00012]: O.J. No. L197, 22.8.95, p. 29
[^f00013]: O.J. No. L144, 18.6.96, p. 35
[^f00014]: O.J. No. L184, 12.7.97, p. 33
[^f00015]: O.J. No. L347, 18.12.97, p. 42
[^f00016]: O.J. No. L290, 29.10.98, p. 25
[^f00017]: O.J. No. L172, 8.7.99, p. 40
[^f00018]: O.J. No. L194, 27.7.99, p. 36
[^f00019]: O.J. No. L107, 4.5.2000, p. 28
[^f00020]: O.J. No. L158, 30.6.2000, p. 51
[^f00021]: O.J. No. L197, 3.8.2000, p. 26
[^f00022]: O.J. No. L244, 29.9.2000, p. 78
[^f00023]: O.J. No. L221, 7.8.86, p. 43
[^f00024]: O.J. No. L350, 14.12.90, p. 71
[^f00025]: O.J. No. L211, 23.8.93, p. 6
[^f00026]: O.J. No. L189, 23.7.94, p. 70
[^f00027]: O.J. No. L197, 22.8.95, p. 14
[^f00028]: O.J. No. L292, 7.12.95, p. 27
[^f00029]: O.J. No. L144, 18.6.96, p. 12
[^f00030]: O.J. No. L244, 29.9.2000, p. 76
[^f00031]: O.J. No. L136, 18.5.2001, p. 42
[^f00032]: 1954 c. 33 (N.I.)
[^f00033]: Food and Agriculture Organisation of the United Nations and World Health Organisation Joint Food Standards Programme Codex Alimentarius Commission, Recommended Method of Sampling for the determination of Pesticide Residues, Volume 2 Section 3 Codex Alimentarius, 1993
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