Statutory Instruments of the Scottish Parliament

"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[4] as adjusted by the Protocol signed at Brussels on 17 March 1993[5];

"product" means any crop, food or feeding stuff specified in Schedules 2 or 3;

"putting into circulation" means any handing over, whether or not for a consideration of any product-

(a) in the case of fruit and vegetables, after they have been harvested, and

(b) in any other case, at any time; and

"the Residues Directives" means Council Directive 86/362/EEC[6] (as amended by Council Directives 88/298/EEC[7], 90/654/EEC[8], 93/57/EEC[9], 94/29/EC[10], 95/39/EC[11], 96/33/EC[12], 97/41/EC[13] and Commission Directives 97/71/EC[14], 98/82/EC[15], 1999/65/EC[16] and 1999/71/EC[17], together with Council Directive 86/363/EEC[18] (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[19] (as amended by Council Directives 93/58/EEC[20], 94/30/EC[21], 95/38/EC[22], 95/61/EC[23], 96/32/EC[24], 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 to a pesticide residue is a reference to the substance named in column 2 of Schedule 1 opposite the pesticide named in column 1 of that Schedule from which, or from the metabolites and breakdown or reaction products of which, it can be derived.

    (4) Any reference in these Regulations to a numbered Schedule or regulation shall be construed as a reference to the Schedule or, as the case may be, regulation so numbered 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. The maximum level of any pesticide residue which may be left in any product named in Part I of Schedule 2 shall be the number of milligrams of the pesticide residue per kilogram of the product (if any) specified opposite the name of that product under the name of the pesticide concerned.

     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 (if any) specified opposite the name of that product under the name of the pesticide concerned.

    (2) Subject to the provisions of regulation 6, the provisions of this regulation shall apply-

(a) to any products which after drying or processing are obtained from any of the products named in Part 2 of Schedule 2; and

(b) to any composite foods which include any of the products named in that Part of that Schedule,

notwithstanding that no maximum permitted level has been expressly specified therein for the amount of pesticide residue which may be contained in that dried or processed product or composite food.

    (3) 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.

    (4) 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 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.

    (5) 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.

    (6) In paragraph (4)(a) "country which is not an EEA state" does not include any part of the United Kingdom.

Seizure or disposal of crops, food or feeding stuffs
     5. If any product contains a level of pesticide residue above that permitted under either regulations 3 or 4(1), the Scottish Ministers shall 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 Scottish Ministers to be necessary.

Sampling and analysis
     6. In determining for the purposes of regulations 3 or 4(1) whether the level of pesticide residue left or contained in any product exceeds the maximum permitted-

(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[25] shall so far as is practicable be followed;

(c) in the case of any product named in paragraphs 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.


ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
31st January 2000

Regulation 6

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
(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 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	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) 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.
(i) ROOT AND TUBER VEGETABLES	Beetroot Carrots Celeriac Horseradish Jerusalem artichokes Parsnips Parsley root Radishes Salsify 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).
2. Vegetables, fresh or uncooked, frozen or dry (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) Solanacea Tomatoes 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 (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 decayed tissue and soil (if any); leeks and fennel: whole product after removal of roots and soil (if any).
3. Pulses	Beans Lentils Peas Others	Whole product.
4. Oil seeds	Linseed Peanuts Poppy seed Rape seed Sesame seed Sunflower seed* Soya bean Others	Whole seed or kernel 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	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)
		Whole product.
7. Hops (dried), including hop pellets and unconcentrated powder
		Whole product.
8. Cereal grains	Wheat Rye Barley Oats Triticale Maize Rice Other cereals	Whole commodity without husk.
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	Cumin seed Juniper berries Nutmeg Pepper, black and white Vanilla pods Others	Whole product.

[2] 1985 c.48; see section 24(1) for a definition of "the Ministers" and section 24(3) on the exercise of the power conferred by section 16. Section 16 was amended by the Pesticides (Fees and Enforcement) Act 1989 (c.27), section 1(2) and by the Pesticides Act 1998 (c.26), section 1. The functions of "the Ministers" were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

[3] Established by S.I. 1985/1516.back

[4] O.J. No. L1, 3.1.94, p.3.back

[5] O.J. No. L1, 3.1.94, p.572.back

[6] O.J. No. L221, 7.8.86, p.37.back

[7] O.J. No. L126, 20.5.88, p.53.back

[8] O.J. No. L353, 17.12.90, p.48.back

[9] O.J. No. L211, 23.8.93, p.1.back

[10] O.J. No. L189, 23.7.94, p.67.back

[11] O.J. No. L197, 22.8.95, p.29.back

[12] O.J. No. L144, 18.6.96, p.35.back

[13] O.J. No. L184, 12.7.97, p.33.back

[14] O.J. No. L347, 18.12.97, p.42.back

[15] O.J. No. L290, 29.10.98, p.25.back

[16] O.J. No. L172, 8.7.99, p.40.back

[17] O.J. No. L194, 27.7.99, p.36.back

[18] O.J. No. L221, 7.8.86, p.43.back

[19] O.J. No. L350, 14.12.90, p.71.back

[20] O.J. No. L211, 23.8.93, p.6.back

[21] O.J. No. L189, 23.7.94, p.70.back

[22] O.J. No. L197, 22.8.95, p.14.back

[23] O.J. No. L292, 7.12.95, p.27.back

[24] O.J. No. L144, 18.6.96, p.12.back

[25] 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 Pesticides Residues, Volume 2 Section 3 Codex Alimentarius, 1993back

ISBN 0 11 059254 9