S.I. No. 105/1989 - European Communities (Pesticides Residues) (Fruit and Vegetables) Regulations, 1989.

(1)(as amended by Commission Directive 80/428/EEC of 28 March, 1980

(2)and Council Directives Nos 81/36/EEC of 9 February, 1981

(3), 82/528/EEC of 19 July, 1982

(4), 88/298/EEC of 16 May, 1988

(5)), 89/186/EEC of 6 March 1989

(6)) and to Commission Directive No. 79/700/EEC of 24 July, 1979

(7), hereby make the following Regulations:

(1)OJ No. L 340/26 9 December, 1976.

(2)OJ No. L 102/26 19 April, 1976.

(3)OJ No. L 46/33 19 February, 1981.

(4)OJ No. L 234/1 9 August, 1982.

(5)OJ No. L 126/53 20 May, 1988.

(6)OJ No. L 66/36 10 March, 1989.

(7)OJ No. L 207/26 15 August,

2. These Regulations may be cited as the European Communities (Pesticide Residues) (Fruit and Vegetables) Regulations, 1989, and shall come into operation on the 31st day of May,
3. 2.

(1)In these Regulations— "the Directive" means Council Directive No. 76/895/EEC of 23 November, 1976

(1);

(1)OJ No. L 340/26 9 December, 1976. "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 1" (which is set out in the Schedule hereto) means Annex 1 to the Directive; "Annex 11" (which is set out in the Schedule hereto) means Annex 11 to the Directive as amended by Commission Directive No. 80/428/EEC of 28 March, 1980

(2)and Council Directives Nos. 81/36/EEC of 9 February, 1981

(3), 82/528/EEC of 19th July, 1982

(4), 88/298/EEC of 16 May, 1988

(5)and 89/186/EEC of 6 March, 1989

(6). 2OJ No. L 102/26 19 April,

1. 3OJ No. L 46/33 19 February,
2. 4OJ No. L 234/1 9 August,
3. 5OJ No. L 126/53 20 May,
4. 6OJ No. L 66/36 10 March,
5. "pesticide residues" means the residual traces of pesticides, as well as any of the toxic breakdown or metabolised products listed in Annex II. "putting into circulation" means any handing over, whether in return for payment or free of charge, of any controlled products after they have been harvested. "controlled products" means the products listed in Annex 1.

(2)A word or expression that is used in these Regulations and is also used in the Directive shall have unless the contrary intention appears the meaning in these Regulations that it has in the Directive. 3. These Regulations shall apply to any product which is a product listed in Annex 1, except where it can be established by appropriate evidence that it is intended for export to a country other than a Member State of the European Communities, and unless the owner or person in charge establishes that it is so intended it shall be presumed that these Regulations apply to such a product. 4.

(1)A person shall not put into circulation any controlled product if— (

1. a)the product contains within it or on it a pesticide residue and, (
2. b)the level of such pesticide residue exceeds the maximum specified in relation to the controlled product in the second column of Annex II opposite the mention of such pesticide residue in the first column of the said Annex II.

(2)A person who contravenes the provisions of paragraph

(1)of this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both. 5.

(1)Subject to paragraph

(3)of this Regulation, an authorised officer may at any reasonable time enter— (

1. a)any place or premises including farms in which he has reasonable grounds for believing that a controlled product is being produced, put into circulation, processed, stored or used, (
2. b)any railway wagon, vehicle, ship, vessel, aircraft, container or other thing in which he has reasonable grounds for believing that such a product is being transported, stored or used, or (
3. c)any premises in which he 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— (
4. i)make such examinations, tests and inspections, and (
5. ii)take samples in accordance with the methods described in the Annex to Commission Directive No. 79/700/EEC of 24 July 1979

(7)from or of any product which he finds in the course of his inspection and which he believes is or may be a product to which the Regulations apply, as he 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— (

1. 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, (
2. b)give an authorised officer any information which he 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 (
3. 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 final sample is taken in accordance with the methods described in the Annex to Commission Directive No. 79/700/EEC of 24 July, 1979

(7), the authorised officer concerned shall divide the sample into not more than three laboratory samples each of which he shall pack label and seal in accordance with the provisions of that directive.

(4)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 final sample was duly divided was left with, or sent by registered post to, the defendant or his agent.

(5)(

1. 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 test or examination 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, (
2. b)A document purporting to be a certificate such as is referred to in subparagraph (
3. 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 certificate.

(6)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 by this Regulation, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both.

(7)The Minister shall furnish an authorised officer with a certificate of his appointment and when exercising any power conferred on him by these Regulations, the officer shall, if requested by a person affected, produce that certificate to that person. 6.

(1)An authorised officer may seize and retain or seize, remove and retain any controlled product in relation to which the office 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 be a notice in writing, given to the owner, or to the person in apparent charge or control of the product, require either— (

1. a)specified things to be done in relation to the product before it is released by the officer, or (
2. 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 from 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 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 to the District Court for an order directing the disposal of a controlled product, that court, if it is satisified that— (

1. 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; (
2. ii)if such product were released, it might be put into circulation contrary to Regulation 4 of these Regulations; and (
3. ii)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 to 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 £1,000 or, at the discretion of the court to imprisonment for a term not exceeding six months, or to both. 7.

(1)Where a product is seized pursuant to Regulation 6

(1)of these Regulations, a person shall not tamper 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 £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both. 8. If any person fraudulently— (

1. a)tampers with anything so as to procure that any sample taken pursuant to these Regulations does not correctly represent the produce sampled, or (
2. b)tampers or interferes with any sample taken under these Regulations, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both. 9. An offence under these Regulations may be prosecuted by the Minister. 10. These Regulations shall apply without prejudice to provisions adopted or made by the European Communities concerning common quality standards for fruit and vegetables or statutory provisions implementing such provisions or regulations. 11. The following Regulations are hereby revoked:— (
3. i)the European Communities (Pesticide Residues) (Fruit and Vegetables) Regulations, 1979 ( S.I. No. 183 of 1979 ); (
4. ii)the European Communities (Pesticide Residues) (Fruit and Vegetables) (Amendment) Regulations, 1981 ( S.I. No. 164 of 1981 ); and (iii) the European Communities (Pesticide Residues) (Fruit and Vegetables) Regulations, 1985 ( S.I. No. 67 of 1985 ). SCHEDULE. ANNEX I. List of products referred to in Regulation 3. CCT Heading No. Description 07.01 B Cabbages, cauliflowers and Brussels sprouts, fresh or chilled 07.01 C Spinach, fresh or chilled 07.01 D Salad vegetables, including endive and chicory, fresh or chilled 07.01 E Chard (or white beet) and cardoons, fresh or chilled 07.01 F Leguminous vegetables, shelled or unshelled, fresh or chilled 07.01 G Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled 07.00 H Onions, shallots and garlic, fresh or chilled 07.01 IJ Leeks and other alliaceous plants, fresh or chilled 07.01 K Asparagus, fresh or chilled 07.01 L Artichokes, fresh or chilled 07.01 M Tomatoes, fresh or chilled 07.01 N Olives, fresh or chilled 07.01 O Capers, fresh or chilled 07.01 P Cucumbers and gherkins, fresh or chilled 07.01 Q Mushrooms and truffles, fresh or chilled 07.01 R Fennel, fresh or chilled 07.01 S Sweet peppers, fresh or chilled 07.01 T Other vegetables, fresh or chilled ex 07.02 Vegetables, uncooked, frozen ex 08.01 Dates, bananas, coconuts, Brazil nuts, cashew nuts

(1), avocados, mangoes, guavas and mangosteens, fresh, shelled or peeled ex 08.02 Citrus fruit, fresh

(1)ex 08.03 Figs, fresh

(1)ex 08.04 Grapes, fresh

(1)ex 08.05 Nuts, other than those falling within heading No. 08.01, fresh

(1), shelled or peeled. 08.06 Apples, pears and quinces, fresh

(1)08.07 Stone fruit, fresh

(1)08.08 Berries, fresh

(1)08.09 Other fruit, fresh

(1)ex 08.10 Fruit, uncooked, preserved by freezing, not containing added sugar

(1)Chilled fruit is treated in the same way as fresh fruit. SCHEDULE ANNEX II List of pesticides and maximum residue levels Column 1 Column 2 Pesticides Residue Maximum Levels stated in mg/kg in relation to products mentioned in Annex I Common Name Chemical Name Amitrole : 1, 2, 4-triazol-3-yklamine 0.05 : all products Atrazine : 2-chloro-4-ethylamino-6-isopropylamino-1, 3, 5-triazine 0.1 : all products Aziriphos-ethyl : S-(3, 4-dihydro-4-oxobenzo(d)-(1,2,3)-triazin-3-ylmethyl) 0, 0-diethyl-phosphorodithioate 0.05 : all products Azinphos-methyl : S-(3, 4-dihydro-4-oxobenzo(d)-(1, 2, 3)-triazin-3-ylmethyl) 0,0-dimethylphosphorodithioate 2 : Citrus fruit, stone fruit, melons and celery 1 : other fruit 0.5 : other products Barban : 4-chlorobut-2-ynyl-3-chlorocarbanilate Sum expressed as Chlorpropham : isopropyl 3-chlorophenylcarbamate 3-chloroanaline: Chlorbufam : 1-methylprop-2-ynyl 3-chlorop'henylcarbmate 0.1 : celery, carrots, chervil, parsnip and parsley 0.5 : other products Binapacryl : 2-sec-butyl-4, 6-dinitrophenyl- 0.5 : bulb, tuber and root vegetables 3-methylcrotonate 0.3 : other products Bromophos-ethyl : 0-(4-brom-2, 5-dichlorophenyl) 0, 0-diethyl phosphorothioate 2 : pome fruit, plums, carrots and spinach 1 : brussels sprouts and red currants 0.5 : other products Bromopropylate : isopropyl 4, 4'-dibromobenzilate 5 : pome fruit, stone fruit, bananas, strawberries, grapes and citrus fruit 1 : vegetables 0.05 : other products Captafol : 1, 2, 3, 6-tetrahydro-N-(1, 1, 2, 2-tetra-chloroethylthio) phthalimide 0.05 : all products Captan : N-(trichloromethylthio)-cyclohex -4 ene -1, 2-dicarboxymide Sum : 3 : pome fruit, berries, small fruit, grapes, tomatoes. Folpet : N-(trichaloromethylic) phthalimide 2 : beans, broad-leavedendives, endives, leeks, stone-fruit, lettuce, peas. 0.1 : other products. Carbaryl : 1-naphthyl methylcarbamate 5 : fruit and vegetables except root vegetables, cucurbits, sweetcorn and cow peas 3 : cucurbits 2 : root vegetables 1 : sweetcorn, cow peas and other producrts Chinomethionat : 6-methyl -1, 3-dithiolo (4,5-

1. b)quinoxalin-2-one 0.5 : citrus fruit 0.3 : other products Chlorbenzide : 4-chlorobenzyl 4-chlorophenyl sulphide 2 : all products Chlorfenvinphos (sum of E- and Z-isomers) : 2-chloro-1-(2,4-dichlorophenyl) vinyl diethylphosphate 1 : : Citrus fruit 0.5 : bulb, tuber and root vegetables, celery and parsley 0.05 : mushrooms, other fruit 0.1 : other vegetables Chlormequat expressed as chlormequat cation : 2-chloroethyltrimethyl ammonium ion 3 : pears 1 : grapes 0.05 : other products Chlorobenzilate : ethyl 4, 4'-dichlorobenzilate 5 : apples 0.2 : nuts 2 : other products Chloroxuron : 3-(4-(4-chlorophenoxy)phenyl)-1, 1-dimethylurea 0.2 : all products DDT (Sum of p, p' DDT; o, p' DDT; p, p'DDE and p, p' TDE) : 1, 1, 1-trichloro-2, 2-bis (4-chlorophenyl) ethane 0.1 : all products Demeton-S-Methyl : S-2-ethylthioethyl 0,0-dimethyl phosphorothioate singly or combined Oxydemeton-Methyl : S-2-ethylsulphinylethyl 0, 0-dimethyl phosphorothioate Demeton-S-Methyl sulfone : S-2-ethylsulfonylethyl 0, 0-dimethyl phosphorothioate 0.05 : carrots 0.5 : other products Diallate : S-2, 3-dichloroallyl diisopropylthiocarbamate Sum : Triallate : S-2, 3, 3-trichloroallyl diisopropylthiocarbamate 0.1 : all products Diazinon : 0,0-diethyl 0-2-iasopropyl-6-methyl-pyrimidin-4-yl phosphorothioate 0-1 : nuts 0.5 : other products Dichlofluanid : N-dichlorofluoromethylthio-N'-N'-dimethyl-N-phenylsulphamide 15 : Currants, grapes & raspberries 10 : lettuce, other berries 5 : other products 'Perthane' : 1,1-dichloro-2, 2-bis (4-ethylphenyl) ethane 10 : all products Dichloroprop : 2-(2, 4-dichlorophenoxy) propionic acid 0.05 : all products Dichlorvos : 2, 2-dichlorovinyl dimethyl phosphate 1 : lettuce 0.5 : other vegetables and mushrooms 0.1 : other products Dicofol : 2, 2, 2-trichloro-1, 1-bis (4-chlorophenyl) ethanol 2 : Cucumbers and Gherkins. 1 : Strawberries, Tomatoes. 5 : other fruit and vegetables 0.5 : other products Dimethoate : 0, 0-dimethyl S-methylcarbamoyl-methyl phosphorodithioate 1 : all products Omethoate : 0, 0-dimethyl S-methylcarbamoyl-methyl phosphorohioate 0.5 : all products Dinoseb : 2-sec-butyl-4, 6-dinitrophenol 0.05 : all products Dioxathion : S,S'-(1,4-dioxane-2, 3-diy1) 0, 0, 0', 0'-tetraethyl di (phosphorodithioate) 5 : pome fruit 3 : citrus fruit 2 : grapes 0.2 : other products Diquat, expressed as : 1, 1'-ethylene-2, 2'-bipyridyldiylium ion 0.1 : vegetables Diquat cation 0.05 : other products Dodine : 1-dodecylguanidium acetate 1 : pome and stone fruit 0.2 : other products Endosulphan (sum of a and b endosulphan and endosulphan sulphae) : 1, 4, 5, 6, 7, 7-hexachloro-8, 9, 10-trinorborn-5-en-2, 3-ylenedimethyl sulphite 0.2 : root vegetables 1 : other products Endrin : (IR, 4S, 5R, 8S)-1, 2, 3, 4, 10, 10-hexachloro-1, 4, 4a, 5, 6, 7, 8, 8a-octahydro-6, 7-epoxy-1, 4: 5, 8-dimethanonaphthalene 0.01 : all products Ethion : 0, 0, 0', 0'-tetraethyl S, S'-methylene di (phosphorodithioate) 2 : citrus fruit 0.5 : pome and stone fruit and grapes 0.1 : other products Ethylene dibromide : 1, 2-dibromoethane 0.01 : all products Fenchlorphos and its oxygen analogue : 0, 0-dimethyl 0-2, 4, 5-trichlorophenyl phosphorothioate 0, 0-dimethyl 0-2, 4, 5-trichlorophenyl phosphate sum : 0.01 : all products Fenitrothion : 0,0-dimethyl 0-4-nithro-m-tolyl phosphorothioate 2 : citrus fruits 0.5 : other products Fentin compounds (sum expressed as fentin hydroxide) : triphenyltin 1 : celery 0.2 : carrots 0.1 : celeriac 0.05 : other products Formothion : S-(N-formyl-N-methylcarbamoyl methyl) 0, 0-dimethyl phosphorodithioate 0.2 : citrus fruits 0.1 : other products Heptachlor (sum of Heptachlor and Heptachlor epoxide) : 1, 4, 5, 6, 7, 8, 8-heptachloro-3a, 4, 7, 7a-tetrahydro -4, 7-methanoindene 0.2 : carrots 0.02 : tomatoes 0.05 : other vegetables 0.01 : other products Lindane (gamma-HCH) : 1a, 2a, 3b, 4a, 5a, 6b-hexachlorocyclohexane 2 : leaf vegetables 0.5 : tomatoes, stone fruit and grapes 0.2 : carrots 1 : other products Malathion Including : S-1, 2-bis (ethoxycarbonyl) ethyl 0, 0-dimethyl phosphorodithioate : S-1, 2-bis (ethoxycarbonyl) ethyl 0, 0-dimethyl phosphorothioate 2 : citrus fruit : : 3 : vegetables, except root vegetables Malaoxon 0.5 other products Maleic hydrazide : 6-hydroxy-3 (2H)-pyridazinone 10 1 : onions : other products Methoxychlor : 1, 1, 1-trichloro-2, 2-bis (4-methoxy-phenyl) ethane 10 : all products Methylbromide bromomethane 0.1 : all products Methyl Parathion including Methyl Paraoxon : 0, 0-dimethyl 04-nithrophenyl phosphorothioate : 0, 0-dimethyl 0-4-nitrophenyl phosphate 0.2 : all products Mevinphos : 2-methoxy- carbonyl -1-methylvinyl dimethyl phosphate(sum of cis and trans isomers) 0.2 0.5 0.1 : pome and citrus fruit and apricots : other stone fruit, leafy vegetables : other products Parathion including Paraoxon : 0, 0-diethyl 0-4-nitrophenyl phosphorothioate : 0, 0-diethyl 0-4-nitrophenyl phosphate 1 0.5 : citrus and stone fruit : other products Paraquat, expressed as Paraquat cation : 1, 1'-dimethyl-4, 4'-bipyridyldiylium ion 0.05 : all products Phosalone : S-(6-chloro-2- oxobenzo-oxozolim-3-
2. yl)methyl 00-diethyl phosphorodithioate 1 2 0.1 1 : citrus fruit and strawberries : pome fruit and peaches : root vegetables and olives : other products Phosphamidon : 2-chloro-2-diethylcarbamoyl-1-methylvinyldimethyl phosphate 0.5 0.4 0.2 : pome fruit : citrus fruit : other products Propoxur : 2-isopropoxyphenyl methylcar-bamate 3 : all products Pyrethrins (sum of Pyrethrins 1 and 11, Cinerins 1 and 11 and Jasmolins 1 and 11) 1 : all products TEPP : tetraethyl pyrophosphate 0.01 : all products Thiram : tetramethylthiuram disulphide 4 3 : strawberries, grapes : other products Toxaphene : chlorinated camphenes (67 to 69% chlorine) 0.4 : all products Trichlorfon : dimethyl-2, 2, 2-trichloro-1-hydroxyethyl-phosphonate 0.5 : all products Vamidothion (sum of Vamidothion and Vamidothion sulfoxide) : 0, 0-dimethyl S-2-(1-methylcarbamoylethyl-thio) ethylphosphorothioate 0.5 0.05 : pome fruit : other products 2, 4, 5-T : (2, 4, 5-tri-chlorophenoxy)- acetic acid 0.05 : all products Given under my Official Seal, this 4th day of May, 1989. MICHAEL O'KENNEDY, T.D., Minister for Agriculture and Food. EXPLANATORY NOTE. The Regulations: (
3. i)Replace existing legislation on maximum residue levels ( S.I. No. 183 of 1979 ), (S.I. No. 164 of 1981) and ( S.I. No. 67 of 1985 ). (
4. ii)Reduce the maximum residue levels in respect of eight pesticides. (iii) Insert maximum residue levels for six additional pesticides. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais