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Statutory Rules of Northern Ireland


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2003 No. 379

AGRICULTURE

PESTICIDES

Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) (No. 2) Regulations (Northern Ireland) 2003

  Made 13th August 2003 
  Coming into operation 30th September 2003 

The Department of Agriculture and Rural Development, being a Department 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, in exercise of the powers conferred on it by the said section 2(2) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) (No. 2) Regulations (Northern Ireland) 2003 and shall come into operation on 30th September 2003.

    (2) The Interpretation Act (Northern Ireland) 1954[
3] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002
     2.  - (1) The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002[4] shall be amended in accordance with this regulation.

    (2) In regulation 2(1), for the definition of the "Residues Directives" there shall be substituted the following definition:

    (3) In Schedule 1 there shall be inserted at the appropriate places in Columns 1 and 2 the following entries (the entries for Flucythrinate being substituted for the existing ones and the entries for Profenos replacing those for Profenophos):

Column 1 Column 2
Pesticide Residues
Abamectin abamectin (sum of avermectin B1a, avermectin B1b and delta-8, 9 isomer of avermectin B1a)
Azocyclotin and Cyhexatin azocyclotin and cyhexatin (sum of azocyclotin and cyhexatin expressed as cyhexatin)
Bifenthrin bifenthrin
Clofentezine clofentezine (sum of all compounds containing the 2-chlorobenzoyl moiety expressed as clofentezine)
Cyromazine cyromazine
2,4-D     (1) For cereals, fruit and certain products of plant origin, including fruit and vegetables - 2,4-D (sum of 2,4-D and its esters) expressed as 2,4-D

    (2) For products of animal origin - 2,4-D

Fenpropimorph     (1) For cereals, fruit and certain products of plant origin, including fruit and vegetables - fenpropimorph

    (2) For products of animal origin - fenpropimorph carboxylic acid (BF 421-2) expressed as fenpropimorph

Flucythrinate flucythrinate (expressed as flucythrinate, sum of isomers)
Hexaconazole hexaconazole
Myclobutanil     (1) For cereals, fruit and certain products of plant origin, including fruit and vegetables- myclobutanil

    (2) For products of animal origin - Alpha-(3-hydroxybutyl) - alpha - (4-chlore- phenyl) - 1H - 1,2,4 - triazole -1 - propanenitrile (RH 9090) expressed as myclobutanil

Penconazole penconazole
Prochloraz prochloraz (sum of prochloraz and its metabolites containing the 2,4,6-Trichlorophenol moiety expressed as prochloraz)
Profenofos profenofos
Resmethrin resmethrin, including other mixtures of constituent isomers (sum of isomers)
Thifensulfuron methyl thifensulfuron methyl
Triadimefon and Triadimenol triadimefon and triadimenol (sum of triadimefon and triadimenol)
Triasulfuron triasulfuron
Tridemorph tridemorph

    (4) In Part I of Schedule 2 the column relating to Bitertanol shall be deleted.

    (5) For Part II of Schedule 2 there shall be substituted the Schedule to these Regulations.



Sealed with the Official Seal of the Department of Agriculture and Rural Development on


13th August 2003.

L.S.


D. Small
A senior officer of the Department of Agriculture and Rural Development

To view Schedule click here


EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations, which are made under section 2(2) of the European Communities Act 1972, further amend the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 20 as amended by S.R. 2002 No. 27, S.R. 2002 No. 250 and S.R. 2003 No. 123) ("the principal Regulations").

Part II of Schedule 2 to the principal Regulations is consolidated and takes account of changes and additions to the EC maximum residue levels that have been set at an EC level since the last amendment of that Part by S.R. 2003 No. 123.

These Regulations add new residue levels in Part II of Schedule 2 that have been set by recent amendments to the three Commission Directives: Council Directive 86/362/EEC, Council Directive 86/363/EEC and Council Directive 90/642/EEC. The following new or substituted maximum residue levels are implemented in Part II of Schedule 2 in these Regulations (regulation 2 (5)) - 

Commission Directive 2002/79/EC (O.J. No. L291, 28.10.2002, p. 1) for abamectin, azocyclotin and cyhexatin, bifenthrin, bitertanol, bromopropylate, clofentezine, cyromazine, fenpropimorph, flucythrinate, hexaconazol, methacrifos, myclobutanil, penconazole, prochloraz, profenofos, resmethrin and bioresmethrin, triadimefon and triadimenol and tridemorph;

Commission Directive 2002/97/EC (O.J. No. L343, 18.12.2002, p. 23) for 2,4-D, triasulfuron, and thifensulfuron methyl;

The definition of "the Residues Directives" is updated to take account of the latest Directives being implemented (regulation 2(2)).

These Regulations remove pesticide residue levels for Bitertanol that had previously been set nationally by virtue of powers contained in the Food and Environment Protection Act 1985, from the list contained in Part I of Schedule 2 to the principal Regulations as these levels have been replaced by Community levels (regulation 2(4)).


Notes:

[1] S.I. 2000/2812back

[2] 1972 c. 68back

[3] 1954 c. 33 (N.I.)back

[4] S.R. 2002 No. 20 as amended by S.R. 2002 No. 27, S.R. 2002 No. 250 and S.R. 2003 No. 123back

[5] O.J. No. L221, 7.8.86, p. 37. The last amending instrument is Commission Directive 2002/97/EC (O.J. No. L343, 18.12.2002, p. 23)back

[6] O.J. No. L221, 7.8.86, p. 43. The last amending instrument is Commission Directive 2002/97/ECback

[7] O.J. No. L350, 14.12.90, p. 71. The last amending instrument is Commission Directive 2002/100/EC (O.J. No. L2, 7.1.2003, p. 33)back



ISBN 033 795194 2


  © Crown copyright 2003

Prepared 28 August 2003


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