
1 

(1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 and shall come into force on 1st February 2000.
(2) These Regulations extend to Scotland only.
2 

(1) In these Regulations–
 “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  as adjusted by the Protocol signed at Brussels on 17 March 1993 ;
 “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 (as amended by Council Directives 88/298/EEC, 90/654/EEC, 93/57/EEC, 94/29/EC, 95/39/EC, 96/33/EC, 97/41/EC and Commission Directives 97/71/EC, 98/82/EC, 1999/65/EC and 1999/71/EC, together with Council Directive 86/363/EEC (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 (as amended by Council Directives 93/58/EEC, 94/30/EC, 95/38/EC, 95/61/EC, 96/32/EC, 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.
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.
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.
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  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.
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
SCHEDULE 1
Regulation 2

Column 1 Column 2
Pesticide Residues
Acephate Acephate
Aldrin & Dieldrin singly or combined, expressed as dieldrin (HEOD)
2-Aminobutane 2-aminobutane
Aminotriazole Aminotriazole
Atrazine Atrazine
Azinphos-methyl azinphos-methyl
Benalaxyl Benalaxyl
Benfuracarb Benfuracarb
Binapacryl Binapacryl
Biphenthrin Biphenthrin
Bitertanol Bitertanol
Bromophos-ethyl bromophos-ethyl
Camphechlor (Toxaphene) camphechlor (toxaphene)
Captafol Captafol
Captan Captan
Carbaryl Carbaryl
Carbendazim, Benomyl and Thiophanate-methyl carbendazim, benomyl and thiophanate-methyl (expressed as carbendazim)
Carbon disulphide carbon disulphide
Carbon Tetrachloride carbon tetrachloride
Carbofuran sum of carbofuran and 3-hydroxy-carbofuran, expressed as carbofuran
Carbophenothion sum of carbophenothion, its sulphoxide and its sulphone, expressed as carbophenothion
Carbosulfan Carbosulfan
Cartap Cartap
Chlordane (1)for products of animal origin: sum ofcis- andtrans-isomers and oxychlordane expressed as chlordane;(2)for cereals, fruit and vegetables: sum ofcis- andtrans- isomers expressed as chlordane
Chlorfenvinphos sum of E-and Z-isomers of chlorfenvinphos
Chlormequat Chlormequat
Chlorothalonil Chlorothalonil
Chlorobenzilate Chlorobenzilate
Chlorpyrifos Chlorpyrifos
Chlorpyrifos-methyl chlorpyrifos-methyl
Cyfluthrin cyfluthrin, including other mixed isomeric constituents (sum of isomers)
Cypermethrin cypermethrin (sum of isomers)
Daminozide sum of daminozide and 1,1-dimethyl-hydrazine expressed as daminozide
DDT sum of pp’-DDT, op’-DDT, pp’-DDE and pp’-TDE (DDD) expressed as DDT
Deltamethrin Deltamethrin
Diazinon Diazinon
1,2-Dibromoethane 1,2-dibromoethane
Dichlofluanid Dichlofluanid
Dichlorvos Dichlorvos
Dichlorprop dichlorprop (including dichlorprop P)
Dicofol Dicofol
Diflubenzuron Diflubenzuron
Dimethipin Dimethipin
Dimethoate Dimethoate
Dinoseb Dinoseb
Dioxathion Dioxathion
Disulfoton sum of disulfoton, disulfoton sulphoxide and disulfoton sulphone expressed as disulfoton
Endosulfan sum of alpha-and beta-isomers and of endosulfan sulphate, expressed as endosulfan
Endrin Endrin
Ethephon Ethephon
Ethion Ethion
Etrimfos Etrimfos
Fenarimol Fenarimol
Fenbutatin oxide fenbutatin oxide
Fenchlorphos fenchlorphos (sum of fenchlorphos and fenchlorphos oxon, expressed as fenchlorphos)
Fenitrothion Fenitrothion
Fentin fentin expressed as triphenyltin cation
Fenvalerate fenvalerate (sum of isomers)
Fluazifop fluazifop and esters (including conjugates) of fluazifop, expressed as free acid
Flurochloridone Flurochloridone
Furathiocarb Furathiocarb
Glyphosate Glyphosate
Haloxyfop haloxyfop and esters (including conjugates) of haloxyfop, expressed as free acid
Hexachlorobenzene (HCB) Hexachlorobenzene
Hexachlorocyclohexane (HCH) Hexachlorocyclohexane (HCH) alpha, beta and gamma isomers individually or summed as in Schedule 2
Heptachlor sum of heptachlor and heptachlor epoxide, expressed as heptachlor
Hydrogen cyanide cyanides expressed as hydrogen cyanide
Hydrogen phosphide phosphides expressed as hydrogen phosphide
Imazalil Imazalil
Inorganic bromide determined and expressed as total bromine from all sources
Ioxynil Ioxynil
Iprodione Iprodione
Lambda-cyhalothrin lambda-cyhalothrin
Malathion sum of malathion and malaoxon, expressed as malathion
Maleic hydrazide maleic hydrazide
Maneb, Mancozeb, Metiram Propineb and Zineb determined and expressed as carbon disulphide (CS2)
Mecarbam Mecarbam
Mercury compounds determined as total mercury and expressed as mercury
Metalaxyl metalaxyl
Methacrifos methacrifos
Methamidophos methamidophos
Methyl bromide (bromomethane) methyl bromide (bromomethane)
Mevinphos sum ofcis- andtrans- mevinphos
Monocrotophos monocrotophos
Omethoate omethoate (from use of formothion, dimethoate and omethoate)
Paraquat paraquat
Parathion parathion
Parathion-methyl parathion-methyl
Permethrin permethrin (and sum of isomers)
Phorate sum of phorate, its oxygen analogue and their sulfoxides and sulphones expressed as phorate
Phosalone phosalone
Phosmet phosmet
Phosphamidon sum of phosphamidon (E-and Z-isomers) and N-desethylphosphamidon (E-and Z-isomers) expressed as phosphamidon
Pirimiphos-methyl pirimiphos-methyl
Procymidone procymidone
Propargite propargite
Propiconazole propiconazole
Propoxur propoxur
Propyzamide propyzamide
Pyrethrins sum of pyrethrins I and II, cinerins I and II, jasmolins I and II
Quinalphos quinalphos
Quintozene sum of quintozene, pentachloroaniline and methyl pentachlorophenyl sulphide expressed as quintozene
Tecnazene tecnazene
TEPP TEPP
Thiabendazole thiabendazole
Triazophos triazophos
Trichlorfon trichlorfon
Triforine triforine
2, 4, 5-T 2, 4, 5-T
Vinclozolin sum of vinclozolin and all metabolites containing 3, 5-dichloroaniline moiety, expressed as vinclozolin
SCHEDULE 2
Regulation 3























































SCHEDULE 3
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 GrapefruitLemonsLimesMandarins (including clementines and similar hybrids)OrangesPomelosOthers Whole Product.
(ii)TREE NUTS (shelled or unshelled) AlmondsBrazil nutsCashew nutsChestnutsCoconutsHazelnutsMacadamia nutsPecansPine nutsPistachiosWalnutsOthers Whole product after removal of shell.
(iii)POME FRUIT ApplesPearsQuincesOthers Whole product after removal of stems.
(iv)STONE FRUIT ApricotsCherriesPeaches (including nectarines and similar hybrids)PlumsOthers Whole product after removal of stems.
(v)BERRIES AND SMALL FRUIT (a)Table and wine grapesTable grapesWine grapes(b)Strawberries(other than wild)(c)Cane fruit(other than wild)BlackberriesDewberriesLoganberriesRaspberriesOthers(d)Other small fruit and berries(other than wild)BilberriesCranberriesCurrants (red, black and white)GooseberriesOthers(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 AvocadosBananasDatesFigsKiwi fruitKumquatsLitchisMangoesOlives (table consumption){Olives (oil extract)Passion fruitPineapplesPomegranatesOthers 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 BeetrootCarrotsCeleriacHorseradishJerusalem artichokesParsnipsParsley rootRadishesSalsifySweet potatoesSwedesTurnipsYamsOthers 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 GarlicOnionsShallotsSpring OnionsOthers 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)SolanaceaTomatoesPeppersAuberginesOthers(b)Cucurbits-edible peelCucumbersGherkinCourgettesOthers(c)Cucurbits-inedible peelMelonsSquashesWatermelonsOthers Whole product after removal of stems.
 (d)Sweet corn Kernels or cobs without husks.
(iv)BRASSICA VEGETABLES (a)Flowering brassicasBroccoliCauliflowerOthers(b)Head brassicasBrussels sproutsHead cabbageOthers(c)Leafy brassicasChinese cabbageKaleOthers 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 similarCressLamb’s lettuceLettuceScaroleOthers(b)Spinach and similarSpinachBeet leaves (chard)Others(c)Watercress(d)Witloof(e)HerbsChervilChivesParsleyCelery leavesOthers Whole product after removal of decayed outer leaves, root and soil (if any).
(vi)LEGUME VEGETABLES (FRESH) Beans with podsBeans without podsPeas with podsPeas without podsOthers Whole product after removal of pods or with pods if they are intended to be eaten.
(vii)STEM VEGETABLES AsparagusCardoonsCeleryFennelGlobe artichokesLeeksRhubarbOthers 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 BeansLentilsPeasOthers Whole product.
4.Oil seeds LinseedPeanutsPoppy seedRape seedSesame seedSunflower seed*Soya beanOthers 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 potatoesWare 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 WheatRyeBarleyOatsTriticaleMaizeRiceOther 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 seedJuniper berriesNutmegPepper, black and whiteVanilla podsOthers Whole product.
SCHEDULE 4
Regulation 7

Title S.I. Number
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994 S.I. 1994/1985.
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1995 S.I. 1995/1483.
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1996 S.I. 1996/1487
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1997 S.I. 1997/567.
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1998 S.I. 1998/2922.
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations 1999 S.I. 1999/1109.