S.I. No. 180/1999 -- European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) Regulations, 1999.

S.I. No. 180/1999 -- European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) Regulations, 1999. 1999 180

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STATUTORY INSTRUMENTS.

S.I. No. 180 of 1999.

EUROPEAN COMMUNITIES (PESTICIDE RESIDUES) (FOODSTUFFS OF ANIMAL ORIGIN) REGULATIONS, 1999.

S.I. No. 180 of 1999.

EUROPEAN COMMUNITIES (PESTICIDE RESIDUES) (FOODSTUFFS OF ANIMAL ORIGIN) REGULATIONS, 1999.

I, Joe Walsh, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ), and for the purpose of giving effect to Council Directive 86/363/EEC of 24 July 1986⁽¹⁾ , Council Directive 93/57/EEC of 29 June 1993⁽²⁾ , Council Directive 94/29/EC of 23 June 1994⁽³⁾ , Council Directive 95/39/EC of 17 July 1995⁽⁴⁾ , and the corrigenda to Council Directive 95/39/EC⁽⁵⁾ , Council Directive 96/33/EC of 21 May 1996⁽⁶⁾ , Council Directive 97/41/EC of 25 June 1997⁽⁷⁾ , Commission Directive 97/71/EC of 15 December 1997⁽⁸⁾ , and Commission Directive 98/82/EC of 27 October 1998⁽⁹⁾ , hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) Regulations, 1999.

(2) These Regulations shall come into operation on the 1st day of August 1999.

2. (1) In these Regulations--

“the Directive” means Council Directive 86/363/EEC of 24 July 1986⁽¹⁾ , as amended by Council Directive 93/57/EEC of 29 June 1993⁽²⁾ , Council Directive 94/29/EC of 23 June 1994⁽³⁾ , Council Directive 95/39/EC of 17 July 1995⁽⁴⁾ , and the corrigenda to Council Directive 95/39/EC⁽⁵⁾ , Council Directive 96/33/EC of 21 May 1996⁽⁶⁾ , Council Directive 97/41/EC of 25 June 1997⁽⁷⁾ , Commission Directive 97/71/EC of 15 December 1997⁽⁸⁾ and Commission Directive 98/82/EC of 27 October 1998⁽⁹⁾ ;

“authorised officer” means an officer of the Minister authorised in writing by the Minister for the purposes of these Regulations;

“the Minister” means the Minister for Agriculture and Food;

“aircraft” includes hovercraft;

“Annex I” (which is set out in the Schedule hereto) means Annex I to the Directive;

“Annex II” (which is set out in the Schedule hereto) means Annex II to the Directive;

“pesticide residues” means residues of the pesticides and of their metabolites, and breakdown or reaction products listed in the first column of Annex II;

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

“controlled products” means the products listed in Annex I, the products obtained from those products after drying or processing and the composite foods in which they are included;

(2) A word or phrase that is used in these Regulations and is also used in the Directive shall, unless the contrary intention appears, have the meaning that it has in the Directive.

(3) In these Regulations, unless otherwise indicated--

(a) a reference to a Regulation is to a Regulation of these Regulations,

(b) a reference to a Schedule is to a Schedule to these Regulations,

3. (1) These Regulations shall apply to the foodstuffs of animal origin listed in Annex I, the products obtained from them after drying or processing and the composite foods in which they are included in so far as they may contain pesticide residues.

(2) These Regulations shall apply without prejudice to the operation of the European Communities (Pesticide Residues) (Feedingstuffs) Regulations, 1992 -- S.I. No. 40 of 1992 ; the European Communities (Feedingstuffs) (Tolerances of Undersirable Substances and Products) Regulations, 1998 -- S.I. No. 283 of 1998 ; the European Communities (Infant Formulae and Follow-on Formulae) Regulations, 1998 ( S.I. No. 243 of 1998 ) and the European Communities (Processed Cereal-Based Foods and Baby Foods for Infants and Young Children) Regulations, 1998 ( S.I. No. 241 of 1998 ).

(3) These Regulations shall also apply to products referred to in paragraph (1) intended for export to third countries.

(4) These Regulations shall not apply to the products described in paragraph (1) which are shown to the satisfaction of the Minister to be intended either for the manufacture of products other than foodstuffs or animal feed.

4. (1) A person shall not put into circulation any controlled product if--

(a) the product contains within it or on it a pesticide residue, and

(b) the level of such pesticide residue exceeds the maximum specified in relation to the controlled product in the second, third or fourth column of Annex II opposite the mention of such pesticide residue in the first column of the said Annex II.

(1A) In the case of dried and processed products, produced from products to which these Regulations apply, the maximum level of pesticide residue present shall be the level specified in Annex II adjusted to take account of the residue concentration caused by the drying process or the residue concentration or residue dilution resulting from processing; and

(1B) In the case of composite products, which contain products to which these Regulations apply and which have been incorporated into the composite products, the maximum level of pesticide residues present shall be the levels specified in Annex II adjusted to take account of the dilution or concentration of the pesticide residue in the agricultural products resulting from incorporation in a composite food.

(2) A person who contravenes the provisions of paragraphs (1), (1A) and (1B) of this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months or to both.

5. (1) Subject to paragraph (3) of this Regulation, an authorised officer may at any reasonable time enter--

(a) any place or premises including farms in which he or she has reasonable grounds for believing that a controlled product is being produced, put into circulation, processed, stored or used,

(b) any railway wagon, vehicle, ship, vessel, aircraft, container or other thing in which he or she has reasonable grounds for believing that such a product is being transported, stored or used, or

(c) any premises in which he or she has reasonable grounds for believing that there are any books, documents or records, relating to any business whose activities consist of or include the putting into circulation, processing or storage of any controlled product,

and there or at any other place--

(i) make such examinations, tests and inspections, and

(ii) take samples from or of any product which he or she finds in the course of his/her inspection and which he or she believes is or may be a product to which these Regulations apply,

as he or she may consider appropriate and provided that the quantity comprising such samples is reasonable.

(2) A person who has in any place or land or on any premises or in any railway wagon, vehicle, ship, vessel, aircraft, container or other thing, a controlled product, shall at all reasonable times--

(a) afford to an authorised officer such facilities and assistance as are reasonably necessary for an inspection and taking of samples pursuant to this Regulation;

(b) give an authorised officer any information which he or she may reasonably require regarding the purchase, importation, processing, production, sale or use of any such product and which is within the person's knowledge or procurement, and

(c) produce to an authorised officer any document relating to any such product which the authorised officer may reasonably require and when produced, permit the officer to inspect and take extracts from or copy such document.

(3) Where a sample is taken pursuant to this Regulation, the authorised officer shall

(a) divide the sample into three parts, each of which he or she shall seal and mark,

(b) give one part thereof to a designated analyst for analysis under paragraph (4),

(d) gives the third part of the sample to the State Chemist for analysis under paragraph (4).

(4) Where a designated analyst or the State Chemist receives a sample from an authorised officer taken in pursuance of these Regulations he or she shall make analyses thereof using validated analytical methods.

(5) In any proceedings for an offence under these Regulations, evidence of the result of any test, examination or analysis of, or any report on, a sample taken pursuant to this Regulation, shall not be adduced unless it is proved that before the proceedings were instituted one of the parts into which the sample was duly divided was left with, or sent by registered post to, the defendant or his/her agent.

(6) (a) In any proceedings for an offence under these Regulations, a certificate issued by or on behalf of the Minister showing the results of an analysis carried out on behalf of the Minister shall, until the contrary is shown, be sufficient evidence of the facts certified to therein in relation to the presence of any pesticide residues and the level of such pesticide residues within or on a controlled product.

(b) A document purporting to be a certificate such as is referred to in subparagraph (a) of this paragraph and to be issued by or on behalf of the Minister shall be deemed, until the contrary is shown, to be such a certificate.

(7) Any person who--

(a) fails to comply with a requirement of paragraph (2) of this Regulation, or

(b) obstructs or interferes with an authorised officer in the course of exercising a power conferred on him or her by this Regulation,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, imprisonment for a term not exceeding twelve months, or to both.

(8) The Minister shall furnish an authorised officer with a certificate of his or her appointment and, when exercising any power conferred on him or her by these Regulations, the officer shall, if requested by a person affected, produce that certificate to that person.

(9) A designated analyst shall be furnished with a warrant of his or her appointment by the Minister to carry out analyses as required by these Regulations.

(10) The provisions of this Regulation relating to sampling and analysis shall apply without prejudice to Community veterinary inspection measures for checking pesticide residues in products to which these Regulations apply, in particular those adopted pursuant to Directives 64/443/EEC⁽¹⁰⁾ , 72/462/EEC⁽¹¹⁾ and 85/397/EEC⁽¹²⁾ .

6. (1) An authorised officer may seize and retain or seize, remove and retain any controlled product in relation to which the officer has reasonable grounds for suspecting that there is or has been a failure to comply with any provision of these Regulations.

(2) An authorised officer who has seized any controlled product pursuant to this Regulation may by a notice in writing, given to the owner or to the person in apparent charge or control of the product, require either--

(a) specified things to be done in relation to the product before it is released by the officer, or

(b) the disposal of the product by the owner, or the person in apparent charge or control of the product, in a manner and within a time specified in the notice and at the expense of the owner, such disposal to be such as will prevent the product being used for human or animal consumption,

and

in either case, the authorised officer shall retain control of the product to which the notice relates until the requirements of the notice have been complied with.

(3) Where there has been a failure to comply with a requirement of a notice given under paragraph (2)(b) of this Regulation, an authorised officer who in pursuance of this Regulation has seized any product may, on giving notice in writing to the owner, or to the person in apparent charge or control of such product of his intention to do so, apply to the District Court in the District Court district in which the notice has been served for an order directing that the product be disposed of (by destruction or otherwise) in a manner, specified in the order, that will prevent its being used for human or animal consumption.

(4) Where an application is made under paragraph (3) of this Regulation to the District Court for an order directing the disposal of a controlled product, the Court, if it is satisfied that--

(i) the controlled product to which the notice relates contains within it or on it a pesticide residue in excess of the maximum specified in relation to that product under these Regulations;

(ii) if such product were released, it might be put into circulation contrary to Regulation 4 of these Regulations, and

(iii) such product if consumed would constitute a danger to human or animal health,

shall order that the product be disposed of (by destruction or otherwise) in a manner, specified in the order, that will prevent its being used for human or animal consumption.

(5) Where an order is made by the District Court under paragraph (4) of this Regulation, the order may provide that the product to which it relates shall be disposed of in the manner specified in the notice given under paragraph (2) (b) of this Regulation, or in such other manner as may be specified in the Court's order and which, in the opinion of the Court, will prevent the product being used for human or animal consumption.

(6) Where an order made by the District Court under paragraph (4) of this Regulation requires that a product to which it relates be disposed of by an authorised officer, the cost of disposing of the relevant product pursuant to and in accordance with the order shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction from the person who was the owner of the product at the time it was seized.

(7) Any person who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him under this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both.

7. (1) Where a product is seized pursuant to Regulation 6(1) of these Regulations, a person shall not temper with, or without the permission of an authorised officer, move, dispose of or otherwise interfere in any way with the product.

(2) A person who contravenes paragraph (1) of this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both.

(3) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager secretary or other similar officer of the body corporate, or any person purporting to act in such capacity, that person, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

8. If any person fraudulently--

(a) tampers with anything so as to procure that any sample taken pursuant to these Regulations does not correctly represent the product sampled, or

(b) tampers or interferes with any sample taken under these Regulations,

he or she shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both.

9. An offence under these Regulations may be prosecuted by the Minister.

10. (1) Where an appeal is made to the District Court concerning the results of an analysis made by a designated analyst under Regulation 5 (4), the results of the sample analysed by the State Chemist (Section 5 (4)) shall be considered by the Court to be the referee sample.

(2) The State Chemist shall in making an analysis under this Regulation issue a certificate in the form set out in the Third Schedule to the defendant and to designated analyst concerned.

11. (1) Subject to the provisions of paragraph (2), the Minister may from time to time establish the maximum levels of pesticide residues which may be contained in and on specified controlled products brought into territory of the State from a Member State of origin.

(2) Maximum levels of pesticide residue shall not be established in accordance with the provisions of paragraph (1) where harmonised pesticide residue levels have already been established by the European Community--

(a) pursuant to the procedures provided in the Directive, or

(b) in accordance with Article 4(1)(f) of Council Directive 91/414/EEC of 15 July 1991⁽¹³⁾ concerning the placing of plant protection products on the market,

(3) Notwithstanding paragraph (1), such levels established shall not apply to controlled products brought into the territory of the State from a Member State of origin and, which are shown to the satisfaction of the Minister to be in transit to another Member State of the European Communities or a third country.

(4) In this Regulation--

“Member State of origin” means a Member State of the European Communities in whose territory a controlled product is either legally produced and marketed or put into free circulation.

12. The following Regulations are hereby revoked:--

(i) the European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) Regulations, 1988 ( S.I. No. 217 of 1988 );

(ii) the European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) (Amendment) Regulations, 1993 ( S.I. No. 317 of 1993 );

(iii) the European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) (Amendment) Regulations, 1995 ( S.I. No. 165 of 1995 );

(iv) the European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) (Amendment) Regulations, 1996 ( S.I. No. 35 of 1996 );

(v) the European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) (Amendment) (No. 2) Regulations, 1996 ( S.I. No. 412 of 1996 );

(vi) the European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) (Amendment) Regulations, 1998 ( S.I. No. 70 of 1998 );

(vii) the European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) (Amendment) (No. 2) Regulations, 1998 ( S.I. No. 566 of 1998 );

SCHEDULE

ANNEX I

CN Code	Description
0201	Meat of bovine animals, fresh or chilled
0202	Meat of bovine animals, frozen
0203	Meat of swine, fresh, chilled or frozen
0204	Meat of sheep or goats, fresh, chilled or frozen
0205 00 00	Meat of horses, asses, mules or hinnies, fresh, chilled or frozen
0206	Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen
0207	Meat and edible offal, of the poultry of heading No. 0105 (fowls of the species Gallus domesticus, ducks, geese, turkeys and Guinea fowls), fresh, chilled or frozen
ex 0208	Other meat and edible meat offal, fresh, chilled or frozen
0209 00	Pig fat free of lean meat and poultry fat (not rendered), fresh, chilled, or frozen, salted in brine, diced or smoked
0210	Meat and edible meat offal, salted in brine, dried or smoked: edible flours and meals of meat or meat offal
0401	Milk and cream, not concentrated nor containing added sugar or other sweetening matter
0402	Milk and cream, concentrated or containing added sugar or other sweetening matter
0405 00	Butter and other fats and oils derived from milk
0406	Cheese and curd
0407 00	Birds' eggs, in shell, fresh, preserved or cooked
0408	Birds' eggs, not in shell, and egg yokes, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter
1601 00	Sausages and similar products, of meat, meat offal or blood; food preparations based on these products
1602	Other prepared or processed meat offal or blood

ANNEX II

Part A

		Maximum levels in mg/kg (ppm)
Pesticide residues		of fat, contained in meat, preparations of meat, offals and animal fats listed in Annex I under heading Nos ex 0201, 0202, 0203, 0204, 0205 00,00, 0206, 0207, ex 0208, 0209 00, 0210, 1601 00 and 1602, in accordance with footnotes ⁽¹⁾ and ⁽⁴⁾	for cow's milk and whole cream cow's milk listed in Annex I under heading No 0401, for the other foodstuffs in heading Nos. 0401, 0402, 0405 00, 0406, in accordance with footnotes ⁽²⁾ and ⁽⁴⁾	of shelled fresh eggs, for birds' eggs and egg yokes listed in Annex I under heading Nos 0407 00 and 0408, in accordance with footnotes ⁽³⁾ and ⁽⁴⁾
1.	ALDRIN}singly or combined,	0.2	0.006	0.02
2.	DIELDRIN}expressed (HEOD)} as dieldrin (HEOD)
3.	CHLORDANE (sum of cis- and transisomers and oxychlordane expressed as chlordane)	0.05	0.002	0.005
4.	DDT (sum of p, p,¹- DDT-, o, p¹-DDT, p, p¹- DDE and p, p¹- TDE (DDD), expressed as DDT)	1	0.04	0.1
5.	ENDRIN	0.05	0.0008	0.005
6.	HEPTACHLOR (sum of heptachlor and heptachlor epoxide, expressed as heptachlor)	0.2	0.004	0.02
7.	HEXACHLOROBENZENE (HCB)	0.2	0.01	0.02
8.	HEXACHLOROCYCLOHEXANE (HCH)
	8.1. alpha-isomer}	0.02
	8.2. beta-isomer}	0.01
	8.3. gamma-isomer (lindane)	2
		ex 0204	0.004	0.02
		sheepmeat	0.003	0.01
		1 other products	0.008	0.1
9.	CHLORPYRIFOS	0.05*	0.01*	0.01*
		ex 0207
		Poultry meat
10.	CHLORPYRIFOS- METHYL	0.05*	0.01*	0.01*
11.	CYPERMETHRIN, including other mixtures of contituents isomers (sum of isomers)	0.05* ex 0207 Poultry meat 0.2 other products	0.02	0.05*
12.	DELTAMETHRIN	0.05*		0.05*
		ex 0207
		Poultry meat
13.	FENVALERATE, including other mixtures of constituent isomers (sum of isomers)	0.05* ex 0207 Poultry meat 0.5 other products	0.05	0.05*
14.	PERMETHRIN (sum of isomers)	0.5	0.05	0.05
15.	CYFLUTHRIN, including other mixed ismeric constituents (sum of isomers)	0.05	0.02*	0.02*
16.	LAMBDA- CYHALOTHRIN, including other mixed isomeric constituents (sum of isomers)	0.5 (except 0207 poultry meat) 0.02* (0207) poultry meat)	0.05	0.02*
17.	METHIDATHION	0.02*	0.02*	0.02*
18.	PIRIMIPHOS-METHYL	0.05*	0.05*	0.05*
19.	ENDOSULFAN Residue: sum of alpha and beta endosulfan and endosulfan sulphate, expressed as endosulfan	(a) poultry meat 0.1 others	0.004	(a)
20.	FENTIN Residue: fentin expressed as triphenyitincation	0.05*	0.05*	0.05*
21.	FENBUTATIN OXIDE	0.05*	0.05*	0.05*
22.	TRIAZAPHOS	(b) poultry meat 0.01* others	0.01*	(b)
23.	DIAZINON	(a) pig and poultry meat	0.01*	(a)
24.	DISULFOTON Residue: sum of disulfoton, disulfoton sulphone expressed as disulfoton	0.02*	0.02	0.02*
25.	DICOFOL Residue: sum of P, P₁ and O, P₁ isomers	0.5 meat of cattle, sheep and goats 0.1 meat of poultry 0.05* others	0.02	0.05*

Part B

			Maximum levels in mg/kg (ppm)
Pesticide residues			of meat, including fat, preparations of meat, offals and animals fats listed in Annex I under heading Nos ex 0201, 0202, 0203, 0204, 0205 00 00, 0206, 0207, ex 0208, 0209 00, 0210, 1601 00 and 1602	for milk and milk products listed in Annex I under heading Nos 0401, 0402,0405 00, and 0406	of shelled fresh eggs, for birds' eggs and egg yokes listed in Annex I under heading Nos 0407 00 and 0408
1.	ACEPHATE		0.02*	0.02*	0.02*
2	BENOMYL	sum expressed as carbendazim
3.	CARBENDAZIM		0.1*	0.1*	0.1*
4.	THIOPHANATE- METHYL
5.	CHLOROTHALONIL		0.01*	0.01*	0.01*
6.	GLYPHOSATE		0.5	0.1*	0.1*
			ex 0206 pig kidney 2 ex 0206 cattle, goat and sheep kidney 0.1* other products
7.	IMAZALIL		0.02*	0.02*	0.02*
8.	MANCOZEB	sum expressed as cs2	0.05*	0.05*	0.05*
9.	MANEB
10.	METIRAM
11.	PROPINEB
12.	ZINEB
13.	METHAMIDOPHOS		0.01*	0.01*	0.01*
14.	IPRODIONE		0.5*	0.5*	0.05*
15.	PROCYMIDONE
16.	VINCLOZOLIN
	(sum of compounds and all metabolites containing the 3.5- dichloroaniline moiety, expressed as 3.5- dichloroaniline)
17.	FENARIMOL		ex 0206(a) liver and kidney 0.02* other products	0.02*	0.02*
18.	METALAXYL		0.5*	0.05*	0.05*
19.	BENALAXYL		0.5*	0.05*	0.05*
20.	DAMINOZIDE, (sum of daminozide and 1,1- dimethylhydrazine expressed as daminozide)		0.05	0.05*	0.05*
21.	ETHEPHON		0.05*	0.05*	0.05*
22.	PROPICONAZOLE		ex 0206 0.1 ruminant liver 0.05* other products	0.1*	0.05*
23.	CARBOFURAN (sum of carbonfuran and 3- hydroxy-carbofuran expressed as carbofuran)		0.1*	0.1*	0.1*
24.	CARBOSULFAN		0.05*	0.05*	0.05*
25.	BENFURACARB		0.5*	0.05*	0.05*
26.	FURATHIOCARB		0.5*	0.05*	0.05*
27.	METHOMYL THIODICARB Residue: sum of methomyl and thiodicarb expressed as methomyl		0.02*	0.02*	0.02*
28.	AMITRAZ Residues: amitraz plus all metabolites containing 2.4 dimethylaniline expressed as amitraz		Poultry meat 0.02*		0.02*
29.	ALDICARB Residue: sum of aldicarb, its sulfoxide and its sulfone expressed as aldicarb		0.01*	0.01*	0.01*
30.	THIABENDAZOLE Residue: sum of thiabendazole and 5- hydroxythiabendazole		0.1 (with the exception of meat and other ovine, bovine and caprine products)		0.1*
31.	TRIFORINE		0.05*	0.05*	0.05*
32.	PROPOXUR		0.05*	0.05*	0.05*
33.	PROPYZAMIDE Residue: sum of propyzamide and all metabolites containing the 3.5 dichlorobenzoic acid fraction expressed as propyzamide		0.05 fat, liver and kidney 0.02* others	0.01*	0.02*
34.	PHORATE Sum of phorate, its oxygen analogue and their sulphoxides and sulphones expressed as phorate		0.05*	0.02*	0.05*
35.	CHLORMEQUAT		(b)	(b)	(b)
36.	DICOFOL Residue: 1.1-bis- (parachlorophenol)-2.2- dichloroethanol (PP₁ - FW152) expressed as dicofol		1.0 liver of cattle, sheep and goats

SECOND SCHEDULE

Regulation 5 (6)

CERTIFICATE OF RESULT OF ANALYSIS

Laboratory Ref. No.......................

Sample of............................................................ ............................................................ ......................................................

received by the designated analyst on............................................................ ............................................................ .............

from............................................................ ............................................................ ............................................................ ..

Methods of analysis used............................................................ ............................................................ ...............................

This is to certify that the above mentioned sample, which was duly fastened and sealed, has been analysed under the provisions of the European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) Regulations, 1999 ( S.I. No. 180 of 1999 ) and that the results of the analysis are as follows:

............................................................ ............................................................ ............................................................ ..........

This certificate is issued under the European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) Regulations, 1999 ( S.I. No. 180 of 1999 ).

Date............................................................ .........................

Signed........................................

Designated Analyst

Signed........................................

Designated Analyst

Signed........................................

Designated Analyst

THIRD SCHEDULE

Regulation 10 (2)

CERTIFICATE OF RESULT OF ANALYSIS

Laboratory Ref. No........................................

Sample of............................................................ ............................................................ ......................................................

taken at the premises of............................................................ ................................................... on......................................

Date............................................................ ............................ Signed............................................................ .......................

Authorised Officer

received by the designated analyst on............................................................ ............................................................ .............

from............................................................ ............................................................ ............................................................ ..

method of analysis used............................................................ ............................................................ .................................

............................................................ ............................................................ ............................................................ ..........

This certificate is issued under the European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) Regulations, 1999 ( S.I. No. 180 of 1999 ).

Date............................................................ .......................................................

Signed............................................

State Chemist

	GIVEN under my Official Seal, this 17th day of June, 1999.
	JOE WALSH,
	Minister for Agriculture and Food

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations,

(i) provide that a person shall not put into circulation any foodstuffs of animal origin, including dried and/or processed products and composite foodstuffs to which these Regulations apply, if it contains the residue of a pesticide specified in the Regulations in a quantity greater than the maximum laid down;

(ii) serve to consolidate the provisions of the European Communities (Pesticide Residues) (Foodstuffs of Animal Origin) Regulations 1988 to 1998 -- ( S.I. No. 217 of 1988 ); ( S.I. No. 317 of 1993 ); ( S.I. No. 165 of 1995 ); ( S.I. No. 35 of 1996 ); ( S.I. No. 412 of 1996 ); ( S.I. No. 70 of 1998 ) and ( S.I. No. 566 of 1998 );

and

(iii) substitutes new maximum residue levels for one substance.

⁽¹⁾O.J. No. L221 of 7/8/1986.

⁽²⁾O.J. No. L221 of 23/8/1993.

⁽³⁾O.J. No. L189 of 23/7/1994.

⁽⁴⁾O.J. No. L197 of 22/8/1995.

⁽⁵⁾O.J. No. L164 of 3/7/1996.

⁽⁶⁾O.J. No. L144 of 18/6/1996.

⁽⁷⁾O.J. No. L184 of 12/7/1997.

⁽⁸⁾O.J. No. L347 of 18/12/1997.

⁽⁹⁾O.J. No. L290 of 29/10/1998.

⁽¹⁾O.J. No. L221 of 7/8/1986.

⁽²⁾O.J. No. L221 of 23/8/1993.

⁽³⁾O.J. No. L189 of 23/7/1994.

⁽⁴⁾O.J. No. L197 of 22/8/1995.

⁽⁵⁾O.J. No. L164 of 3/7/1996.

⁽⁶⁾O.J. No. L144 of 18/6/1996.

⁽⁷⁾O.J. No. L184 of 12/7/1997.

⁽⁸⁾O.J. No. L347 of 18/12/1997.

⁽⁹⁾O.J. No. L290 of 29/10/1998.

⁽¹⁰⁾O.J. No. L121 of 29/7/1964.

⁽¹¹⁾O.J. No. L302 of 21/12/1972.

⁽¹²⁾O.J. No. L226 of 24/8/1985.

⁽¹³⁾O.J. No.L230/1 of 19/8/1991.

⁽¹⁾ In the case of foodstuffs with a fat content of 10% or less by weight, the residue is related to the total weight of the boned foodstuff. In such cases, the maximum level is one-tenth of the value related to fat content, but must be no less than 0.01 mg/kg.

⁽⁴⁾ Footnotes (1), (2) and (3) do not apply in cases where the lower limit of analytical determination is indicated.

⁽²⁾ In determining the residues in raw cow's milk and whole cream cow's milk, a fat content of 4% by weight should be taken as a basis. For raw milk and whole cream milk of another animal origin the residues are expressed on the basis of the fat.

For the other foodstuffs listed in Annex I under heading Nos. 0401, 0402, 0405 00 and 0406:

--with a fat content of less than 2% by weight, the maximum level is taken as half that set for raw milk and whole cream milk,

--with a fat content of 2% or more by weight, the maximum level is expressed mg/kg of fat. In such cases, the maximum level is 25 times that set for raw milk and whole cream milk.

⁽⁴⁾ Footnotes (1), (2) and (3) do not apply in cases where the lower limit of analytical determination is indicated.

⁽³⁾ 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 ten times higher than the maximum level for fresh eggs.

⁽⁴⁾ Footnotes (1), (2) and (3) do not apply in cases where the lower limit of analytical determination is indicated.