The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1996 No. 1487


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Statutory Instruments

1996 No. 1487

AGRICULTURE

PESTICIDES

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1996

Made

4th June 1996

Laid before Parliament

10th June 1996

Coming into force

All regulations except for regulations 4(c), 7 and 8

1st July 1996

Regulations 4(c) and 7

22nd August 1996

Regulation 8

31st October 1996

The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, acting jointly in exercise of the powers conferred on them by the said section 2(2), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Title, commencement and interpretation

1.-(1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1996 and shall come into force-

(a)as respects all regulations except for regulations 4(c), 7 and 8 on 1st July 1996;

(b)as respects regulations 4(c) and 7 on 22nd August 1996; and

(c)as respects regulation 8 on 31st October 1996.

(2) In these Regulations "the principal Regulations" means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994(3).

Amendment of the principal Regulations

2. The principal Regulations shall be amended in accordance with regulations 3 to 9 of these Regulations.

3. The pesticides stated in column 1 of Schedule 1 to these Regulations shall be inserted in column 1 of Schedule 1 to the principal Regulations in their appropriate alphabetically ordered positions and, in relation to each such pesticide, there shall be entered in column 2 of Schedule 1 to the principal Regulations the residues stated in column 2 of Schedule 1 to these Regulations opposite that pesticide.

4. In Part 1 of Schedule 2 to the principal Regulations-

(a)the maximum level of 5 milligrammes of Thiabendazole per kilogramme of product specified for the product Ware potatoes,

(b)the maximum level of 0.5 milligrammes of Pirimiphos-methyl per kilogramme of product specified for the products Grapefruits, Lemons, Limes, Mandarins (including clementines and similar hybrids), Oranges, Pomelos and Other Citrus Fruits, and

(c)the maximum level of 5 milligrammes of Pirimiphos-methyl per kilogramme of product specified for the products Wheat, Rye, Barley, Oats, Triticale, Maize, Rice and Other Cereals,

shall be deleted.

5. In Part 2 of Schedule 2 to the principal Regulations, for the maximum level of 0.02* milligrammes of Lambda-cyhalothrin per kilogramme of product specified for the product Peas (without pods) there shall be substituted the maximum level of 0.2 milligrammes of Lambda-cyhalothrin per kilogramme of product.

6. In Part 2 of Schedule 2 to the principal Regulations there shall be inserted, in the appropriate place to preserve the alphabetical ordering from left to right, references to each pesticide stated at the head of a column in Schedule 2 to these Regulations together with the figures stated below the statement of that pesticide so that those figures will appear opposite such groups of products or such individual products in Part 2 of Schedule 2 to the principal Regulations as they appear opposite those products in Schedule 2 to these Regulations.

7. In Part 2 of Schedule 2 to the principal Regulations there shall be inserted, in the appropriate place to preserve the alphabetical ordering from left to right, references to each pesticide stated at the head of a column in Schedule 3 to these Regulations together with the figures stated below the statement of that pesticide so that those figures will appear opposite such groups of products or such individual products in Part 2 of Schedule 2 to the principal Regulations as they appear opposite those products in Schedule 3 to these Regulations.

8. The maximum levels of pesticides per kilogramme of the groups of products or individual products stated in Schedule 4 to these Regulations shall be inserted at the blank entries corresponding to those figures in Part 2 of Schedule 2 to the principal Regulations.

9. In Schedule 3 to the principal Regulations, after item 9 there shall be inserted, in the appropriate columns, the particulars which are specified in Schedule 5 to these Regulations.

Angela Browning

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

4th June 1996

Lindsay

Parliamentary Under Secretary of State, Scottish Office

23rd May 1996

Regulation 3

SCHEDULE 1

Column 1Column 2
PesticideResidues
Aldicarbsum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb
Amitrazamitraz plus all its metabolites containing 2,4 dimethylaniline, expressed as amitraz
Bromopropylatebromopropylate
Flucythrinatesum of isomers
Methidathionmethidathion
Methomyl Thiodicarbsum of methomyl and thiodicarb expressed as methomyl
Profenophosprofenophos

Regulation 6

SCHEDULE 2

Group to which food belongsGroups include the following productsAldicarbAmitrazMethidathionMethomyl ThiodicarbPirimiphosmethylThiabendazole
1. Fruit, fresh, dried or uncooked, preserved by freezing not containing added sugar: nuts
(i) CITRUS FRUIT
Grapefruit0.2216
Lemons0.2216
Limes0.2216
Mandarins (including clementines & similar hybrids)0.2226
Oranges0.21216
Pomelos0.2216
Others0.2216
(ii) TREE NUTS (shelled or unshelled)
Almonds0.05*0.02*0.05*0.05*0.1*
Brazil nuts0.05*0.02*0.05*0.05*0.05*0.1*
Cashew nuts0.05*0.02*0.05*0.05*0.05*0.1*
Chestnuts0.05*0.02*0.05*0.05*0.05*0.1*
Coconuts0.05*0.02*0.05*0.05*0.05*0.1*
Hazelnuts0.05*0.02*0.05*0.05*0.1*
Macadamia nuts0.05*0.02*0.05*0.05*0.05*0.1*
Pecans0.20.02*0.05*0.05*0.05*0.1*
Pine nuts0.05*0.02*0.05*0.05*0.05*0.1*
Pistachios0.05*0.02*0.05*0.05*0.1*
Walnuts0.05*0.02*0.05*0.05*0.1*
Others0.05*0.02*0.05*0.05*0.05*0.1*
(iii) POME FRUIT
Apples0.05*10.315
Pears0.05*10.35
Quinces0.05*10.30.05*5
Others0.05*10.30.05*5
(iv) STONE FRUIT
Apricots0.05*0.20.05*
Cherries0.05*
Peaches (including nectarines;& similar hybrids)0.05*10.20.05*
Plums0.05*0.20.05*
Others0.05*0.20.05*
(v) BERRIES AND SMALL FRUIT
(a) Table & wine grapes
Table grapes0.05*0.53
Wine grapes0.05*0.53
(b) Strawberries (other than wild)0.02*0.05*5
(c) Cane Fruit (other than wild)
Blackberries0.05*0.02*0.02*0.05*0.05*0.05*
Dewberries0.05*0.02*0.02*0.05*0.05*0.05*
Loganberries0.05*0.02*0.02*0.05*0.05*0.05*
Raspberries0.05*0.02*0.02*0.05*0.05*
Others0.05*0.02*0.02*0.05*0.05*0.05*
(d) Other small fruit & berries (other than wild)
Bilberries0.05*0.02*0.02*0.05*0.05*0.05*
Cranberries0.05*0.02*0.02*0.05*0.05*0.05*
Currants (red, black & white)0.05*0.02*0.05*
Gooseberries0.05*0.02*0.02*0.05*0.05*
Others0.05*0.02*0.02*0.05*0.05*0.05*
(e) Wild berries & wild fruit0.05*0.02*0.02*0.05*0.05*0.05*
(vi) MISCELLANEOUS FRUIT
Avocados0.05*0.02*0.02*0.05*0.05*0.05*
Bananas0.02*0.02*0.05*0.05*3
Dates0.05*0.02*0.02*0.05*0.05*0.05*
Figs0.05*0.02*0.02*0.05*0.05*0.05*
Kiwi fruit0.05*0.02*0.02*0.05*20.05*
Kumquats0.05*0.02*0.02*0.05*0.05*0.05*
Litchis0.05*0.02*0.02*0.05*0.05*0.05*
Mangoes0.05*0.02*0.02*0.05*0.05*0.05*
Olives0.05*0.02*10.05*
Passion fruit0.05*0.02*0.02*0.05*0.05*0.05*
Pineapples0.05*0.02*0.02*0.05*0.05*0.05*
Pomegranates0.05*0.02*0.02*0.05*0.05*0.05*
Others0.05*0.02*0.02*0.05*0.05*0.05*
2. Vegetables, fresh or uncooked, frozen or dry
(i) ROOT AND TUBER VEGETABLES
Beetroot0.02*0.02*0.05*0.05*
Carrots0.02*0.02*0.05*10.05*
Celeriac0.05*0.02*0.02*0.05*0.05*0.05*
Horseradish0.05*0.02*0.02*0.05*0.05*0.05*
Jerusalem artichokes0.05*0.02*0.02*0.05*0.05*0.05*
Parsnips0.02*0.02*0.05*0.05*0.05*
Parsley root0.05*0.02*0.02*0.05*0.05*0.05*
Radishes0.05*0.02*0.02*0.50.05*0.05*
Salsify0.05*0.02*0.02*0.05*0.05*0.05*
Sweet potatoes0.05*0.02*0.02*0.05*0.05*0.05*
Swedes0.05*0.02*0.02*0.05*0.05*0.05*
Turnips0.05*0.02*0.02*0.05*0.05*0.05*
Yams0.05*0.02*0.02*0.05*0.05*0.05*
Others0.05*0.02*0.02*0.05*0.05*0.05*
(ii) BULB VEGETABLES
Garlic0.05*0.02*0.02*0.05*
Onions0.05*0.02*0.05*
Shallots0.05*0.02*0.05*
Spring onions0.05*0.02*0.02*0.05*0.05*
Others0.05*0.02*0.02*0.05*0.05*
(iii) FRUITING VEGETABLES
(a) Solanacea
Tomatoes0.50.02*
Peppers0.02*
Aubergines0.05*0.02*0.05*
Others0.05*0.02*0.05*
(b) Curcurbits-edible peel
Cucumbers0.05*0.02*
Gherkins0.05*0.02*0.05*0.05*
Courgettes0.05*0.02*0.05*
Others0.05*0.02*0.05*0.05*
(c) Curcurbits-inedible peel
Melons0.05*0.02*0.2
Squashes0.05*0.02*0.20.05*
Watermelons0.05*0.02*0.2
Others0.05*0.02*0.20.05*
(d) Sweet corn0.05*0.02*0.02*0.05*0.05*0.05*
(iv) BRASSICA VEGETABLES
(a) Flowering Brassicas
Broccoli0.02*0.02*15
Cauliflower0.20.02*0.02*10.05*
Others0.05*0.02*0.02*10.05*
(b) Head Brassicas
Brussels sprouts0.20.02*0.02*20.05*
Headcabbage0.02*0.02*
Others0.05*0.02*0.02*0.05*
(c) Leafy Brassicas
Chinese cabbage0.05*0.02*0.02*0.05*
Kale0.05*0.02*0.02*0.05*
Others0.05*0.02*0.02*0.05*
(d) Kohlrabi0.05*0.02*0.02*0.05*0.05*
(v) LEAF VEGETABLES AND FRESH HERBS
(a) Lettuce & similar
Cress0.05*0.02*0.02*0.05*
Lamb's lettuce0.05*0.02*0.02*0.05*
Lettuce0.05*0.02*0.02*
Scarole0.05*0.02*0.02*0.05*
Others0.05*0.02*0.02*0.05*
(b) Spinach & similar
Beet leaves (chard)0.05*0.02*0.02*20.05*
(c) Watercress0.05*0.02*0.02*0.05*0.05*0.05*
(d) Witloof0.05*0.02*0.02*0.05*0.05*0.05*
(e) Herbs
Chervil0.05*0.02*0.02*0.05*
Chives0.05*0.02*0.02*0.05*
Parsley0.05*0.02*0.02*0.05*
Celery leaves0.05*0.02*0.02*0.05*
Others0.05*0.02*0.02*0.05*
(vi) LEGUME VEGETABLES (fresh)
Beans (with pods)0.05*0.02*0.02*
Beans (without pods)0.05*0.02*0.02*0.05*
Peas (with pods)0.05*0.02*0.02*0.05*
Peas (without pods)0.05*0.02*0.02*0.05*0.05*0.05*
Others0.05*0.02*0.02*0.05*0.05*
(vii) STEM VEGETABLES
Asparagus0.05*0.02*0.02*0.05*
Cardoons0.05*0.02*0.02*0.05*0.05*
Celery0.05*0.02*0.02*0.05*
Fennel0.05*0.02*0.02*0.05*
Globe artichokes0.05*0.02*0.02*0.05*
Leeks0.02*0.05*
Rhubarb0.05*0.02*0.02*0.05*0.05*
Others0.05*0.02*0.02*0.05*0.05*
(viii) FUNGI
(a) Cultivated mushrooms0.05*0.02*0.02*0.05*2
(b) Wild mushrooms0.05*0.02*0.02*0.05*0.05*0.05*
3. Pulses
Beans0.05*0.02*0.02*0.05*0.05*
Lentils0.05*0.02*0.02*0.05*0.05*
Peas0.05*0.02*0.02*0.05*0.05*
Others0.05*0.02*0.02*0.05*0.05*
4. Oilseeds
Linseed0.02*0.02*0.05*0.05*
Peanuts0.05*0.02*0.02*0.05*0.05*
Poppy seed0.05*0.02*0.02*0.05*0.05*0.05*
Sesame seed0.05*0.02*0.02*0.05*0.05*0.05*
Sunflower seed (with shell)0.05*0.02*0.02*0.05*0.05*
Rape seed0.02*0.050.050.05*
Soya bean0.05*0.02*0.02*0.20.05*
Mustard seed0.05*0.02*0.02*0.05*0.05*0.05*
Cotton seed0.50.05*
Others0.05*0.02*0.02*0.05*0.05*0.05*
5. Potatoes
Early potatoes0.02*0.02*0.05*0.05*
Ware potatoes0.02*0.02*0.05*0.05*5
6. Tea
(black tea, processed from the leaves of Camellia sinensis)0.05*0.1*0.1*0.05*0.1*
7. Hops (dried)including hop pellets & unconcentrated powder503100.05*0.1*

Regulation 7

SCHEDULE 3

Group to which food belongsGroups include the following productsAldicarbAmitrazMethidathionMethomyl ThiodicarbPirimiphosmethylThiabendazole
a

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

b

Other cereals do not include rice.

c

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.

d

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

e

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 or 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.

f

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

g

Poultrymeat only.

h

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

i

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

9. Cereals
Wheat0.05*0.02*0.02*0.05*5
Rye0.05*0.02*0.02*0.05*50.05*
Barley0.05*0.02*0.02*0.05*50.05*
Oats0.05*0.02*0.02*0.05*50.05*
Triticale0.05*0.02*0.02*0.05*50.05*
Maize0.05*0.02*0.02*0.05*50.05*
Ricea0.05*0.02*0.02*0.05*5
Other cerealsb0.05*0.02*0.02*0.05*50.05*
10. Products of animal origin
Meat, fat & preparations of meatc0.01*0.02*g0.02*0.02*0.05*0.1h
Milkd and0.01*0.02*0.02*0.05*
Dairy producee0.01*0.02*0.02*0.05*
Eggsf0.01*0.02*0.02*0.02*0.05*0.1*

Regulation 8

SCHEDULE 4

Group to which food belongsGroups include the following productsBromopropylateCarbendazimChlorothalonilChlorpyrifosCypermethrinDeltamethrin
1. Fruit, fresh, dried or uncooked, preserved by freezing not containing added sugar; nuts
(iii) POME FRUIT
Apples
(v) BERRIES AND SMALL FRUIT
(a) Table & wine grapes
Table grapes
Wine grapes
(b) Strawberries (other than wild)
(c) Cane Fruit (other than wild)
Blackberries
Loganberries
Raspberries
Others
(d) Other small fruit & berries (other than wild)
Bilberries0.05*
Currants (red, black & white)0.05*
Gooseberries0.05*
(vi) MISELLANEOUS FRUIT
Kiwi0.05*
Olives0.1*0.05*
2. Vegetables, fresh or uncooked, frozen or dry
(i) ROOT AND TUBER VEGETABLES
Beetroot0.05*
Celeriac
Parsnips0.05*
Radishes0.05*
Swedes0.05*0.05*
Turnips0.05*0.05*
(ii) BULB VEGETABLES
Spring onions
(iii) FRUITING VEGETABLES
(a) Solanacea
Peppers
(d) Sweet corn0.05*
(iv) BRASSICA VEGETABLES
(a) Flowering Brassica
Broccoli
(c) Leafy Brassicas
Chinese cabbage
Kale
Others
(v) LEAF VEGETABLES AND FRESH HERBS
(a) Lettuce & similar
Lettuce0.01*
(c) Watercress0.1*
(d) Witloof0.1*
(vii) STEM VEGETABLES
Celery
Fennel0.05*
Globe artichokes
4. Oilseeds
Sunflower seed (with shell)
6. Tea(black tea, processed from the leaves of Camellia sinensis)0.1*
7. Hops (dried)including hop pellets & unconcentrated powder0.1*0.1*
Group to which food belongsGroups include the following productsFlucythrinateImazalilIprodioneManeb, Mancozeb, Metiram, Propineb and ZinebMethamidophosMethidathion
1. Fruit, fresh, dried or uncooked, preserved by freezing not containing added sugar; nuts
(iii) POME FRUIT
Apples
(v) BERRIES AND SMALL FRUIT
(a) Table & wine grapes
Table grapes0.01*
Wine grapes0.01*
(b) Strawberries (other than wild)0.01*
(c) Cane Fruit (other than wild)
Blackberries0.05*
Loganberries0.05*
Raspberries
Others0.05*
(d) Other small fruit & berries (other than wild)
Bilberries
Currants (red, black & white)
Gooseberries
(vi) MISCELLANEOUS FRUIT
Kiwi
Olives
2. Vegetables, fresh or uncooked, frozen or dry
(i) ROOT AND TUBER VEGETABLES
Beetroot0.05*
Celeriac0.02*
Parsnips
Radishes
Swedes
Turnips
(ii) BULB VEGETABLES
Spring onions
(iii) FRUITING VEGETABLES
(a) Solanacea
Peppers0.02*
(d) Sweet corn
(iv) BRASSICA VEGETABLES
(a) Flowering Brassica
Broccoli
(c) Leafy Brassicas
Chinese cabbage0.01*
Kale0.01*
Others0.01*
(v) LEAF VEGETABLES AND FRESH HERBS
(a) Lettuce & similar
Lettuce
(c) Watercross0.05*
(d) Witloof
(vii) STEM VEGETABLES
Celery0.02*
Fennel
Globe artichokes0.05*
4. Oilseeds
Sunflower seed (with shell)
6. Tea
(black tea, processed from the leaves of Camellia sinensis)0.1*0.1*
7. Hops (dried)including hop pellets & unconcentrated powder
Group to which food belongsGroups include the following productsPermethrinProcymidoneProfenophos
1. Fruit, fresh, dried or uncooked, preserved by freezing not containing added sugar; nuts
(iii) POME FRUIT
Apples0.02*
(v) BERRIES AND SMALL FRUIT
(a) Table & wine grapes
Table grapes
Wine grapes
(b) Strawberries (other than wild)
(c) Cane Fruit (other than wild)
Blackberries0.05*
Loganberries0.05*
Raspberries0.05*
Others0.05*
(d) Other small fruit & berries
(other than wild)
Bilberries
Currants (red, black & white)0.05*
Gooseberries0.05*
(vi) MISCELLANEOUS FRUIT
Kiwi
Olives0.05*
2. Vegetables, fresh or uncooked, frozen or dry
(i) ROOT AND TUBER VEGETABLES
Beetroot
Celeriac
Parsnips
Radishes
Swedes
Turnips0.05*
(ii) BULB VEGETABLES
Spring onions0.02*
(iii) FRUITING VEGETABES
(a) Solanacea
Peppers
(d) Sweet corn
(iv) BRASSICA VEGETABLES
(a) Flowering Brassica
Broccoli0.05*
(c) Leafy Brassicas
Chinese cabbage
Kale
Others
(v) LEAF VEGETABLES AND FRESH HERBS
(a) Lettuce & similar
Lettuce
(c) Watercress
(d) Witloof
(vii) STEM VEGETABLES
Celery
Fennel0.05*
Globe artichokes
4. Oilseeds
Sunflower seed (with shell)0.05*
6. Tea(black tea, processed from the leaves of Camellia sinensis)0.1*
7. Hops (dried)including hop pellets & unconcentrated powder0.1*

Regulation 9

SCHEDULE 5

Column 1Column 2Column 3
Group of productsProducts included in the groupsPart of product to which maximum residue levels apply
10. SpicesCumin seed
Juniper berries
NutmegWhole product
Pepper, black and white
Vanilla pods
Others

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which do not extend to Northern Ireland, are made under section 2(2) of the European Communities Act 1972 and amend the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994 ("the principal Regulations") (S.I. 1994/1985, amended by S.I. 1995/1483).

The Regulations specify maximum levels of pesticides residues which may be left in crops, food and feeding stuffs in implementation of Council Directives 95/38/EC (OJ No. L197, 22.8.95, p.14), 95/39/EC (OJ No. L197, 22.8.95, p.29) and 95/61/EC (OJ No. L292, 7.12.95, p.27): Directives 95/38/EC and 95/39/EC set Community maximum residue levels for the pesticides concerned for the first time and Directive 95/61/EC sets Community maximum residue levels in substitution for levels (known as open positions) which were set for the pesticides concerned by Council Directive 93/58/EC (OJ No. L211, 23.8.93, p.6) (regulations 3, 6, 7 and 8).

Additionally, the Regulations-

(a)remove maximum levels which were included in Part I of Schedule 2 to the principal Regulations by virtue of powers contained in the Food and Environment Protection Act 1985 and which have been replaced by the Community maximum residue levels now included in Part 2 of that Schedule (regulation 4);

(b)correct an error in Part 2 of Schedule 2 to the principal Regulations (regulation 5); and

(c)in implementation of Directive 95/38/EC, add spices to the list of groups of products to which Community maximum residue levels apply (regulation 9).

Maximum levels in these Regulations which are followed by * will, when inserted into Part 2 of Schedule 2 to the principal Regulations, connect with the explanation of that symbol given there.

A compliance cost assessment has been prepared and a copy has been placed in the library of each House of Parliament. Copies of the compliance cost assessment can be obtained from the Pesticides Safety Directorate of the Ministry of Agriculture, Fisheries and Food, Room 312, Mallard House, Kings Pool, 3 Peasholme Green, York YO1 2PX.

(1)

S.I. 1972/1811.

(3)

S.I. 1994/1985, amended by S.I. 1995/1483.

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