UK Offence Report

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994

UK Statutory Instrument 1994 No. 1985 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
25 July 1994
In force from
Not determined
Extent
Not stated
Subject
Agriculture, plant health, food production and rural affairs
Made under
European Communities Act 1972, Food and Environment Protection Act 1985

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which do not extend to Northern Ireland, are made under section 2(2) of the European Communities Act 1972 and Part III of the Food and Environment Protection Act 1985 and supersede the Pesticides (Maximum Residue Levels in Food) Regulations 1988. They specify new maximum levels of pesticide residues which may be left in crops, food and feeding stuffs in accordance with Council Directives made subsequently to the making of the superseded Regulations. They also prescribe how much of a particular product is to be taken into account in determining whether a maximum level has been exceeded. To the extent that the Regulations are made under the European Communities Act 1972 they implement in Great Britain, Council Directive 90/642/EEC (O.J. No. L350, 14.12.90, p.71) as amended by Council Directive 93/57/EEC (O.J. No. L211, 23.8.93, p.1) and Council Directive 93/58/EEC (O.J. No. L211, 23.8.93, p.6). Council Directive 90/642/EEC as so amended prescribes how much of a particular product is to be taken into account to identify a breach of the Regulations and prescribes maximum levels of pesticide residues in and on certain products of plant origin including fruit and vegetables. Council Directive 93/57/EEC amends and extends Council Directives 86/362/EEC and 86/363/EEC on the fixing of maximum levels for pesticide residues in and on cereals, and in and on foodstuffs of animal origin (namely meat and milk and products derived therefrom) (O.J. No. L221, 7.8.86, pages 37 and 43 respectively). To the extent that these Regulations are made under the Food and Environment Protection Act 1985, they apply in relation to crops, food and feeding stuffs not the subject of the said Council Directives but make the same provisions as are required by the Directives. Regulation 3 and Schedule 1 identify certain pesticide residues which will be left in a crop, food or feeding stuff following the application to it or to land on which it is grown of certain named pesticides. Regulation 4 relates to crops, food and feeding stuffs which are not the subject of Council Directives. It is made under section 16(2)(k) of the Food and Environment Protection Act 1985 and accordingly it does no more than specify the maximum amount of pesticide residues which may be left in the relevant product. Offences and penalties for contravention of regulation 4 are prescribed respectively by sections 16(12) and 21(3) of that Act. Regulation 5 relates to crops, food and feeding stuffs which are the subject of Council Directives. Accordingly, it does more than specify maximum residue levels. It prohibits the putting into circulation of any relevant product where the limits are exceeded, creates offences, specifies penalties and confers enforcement powers corresponding to those contained in the Food and Environment Protection Act 1985. Paragraph (3) of regulation 5, which has no counterpart in regulation 4, provides defences where products are being exported to third countries, or are being used in manufacture or as seed for planting. In relation to regulations 4 and 5, in any case where no entry appears against a product in Schedule 2, no maximum residue level applies for that pesticide/product combination. Regulation 6 enables either the Minister of Agriculture, Fisheries and Food or the Secretary of State to seize or dispose of any crop, food or feeding stuff containing a residue level in excess of any maximum residue level, or to require some other person to dispose of that crop, food or feeding stuff. He may also direct some other person to take such remedial action as appears to him to be necessary. Regulation 7(a) and Schedule 3 prescribe how much of the product in question has to be taken into account in determining whether a maximum residue level has been exceeded. This is in accordance with Council Directive 90/642/EEC as amended by Council Directive 93/58/EEC in relation to certain products of plant origin including fruit and vegetables. In accordance with regulation 7(b) the level of residue in any product is to be determined inter alia by reference to Part 5 of the Codex Alimentarius Guide to Codex Recommendations Concerning Pesticide Residues. Regulation 7(c) increases the maximum residue levels to take account of concentration when a product is dried. The Regulations revoke the Pesticides (Maximum Residue Levels in Food) Regulations 1988 (S.I. 1988/1378). Copies of the Codex Guide and Recommendations are available for inspection at the Library of the Ministry of Agriculture, Fisheries and Food, Whitehall Place, London SW1A 2EY, and at the Library of the Scottish Office, New St. Andrew’s House, St. James' Square, Edinburgh EH1 3TE. The Compliance Cost Assessment relating to these Regulations is available in the Library of each House of Parliament.

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