The Fresh Produce Consortium is warning traders that they must take due diligence in order to protect their position, as well as that of their suppliers and customers, in the absence of national maximum residue levels for certain pesticides as the EU regime is overhauled.
The warning comes nearly two weeks after the MRL for Bromopropylate on grapes was lowered to 0.05, causing problems for Greek grape shippers and importers in the UK
FPC chief executive Doug Henderson explains the problem: "In April of this year the [European] Commission published its proposals to establish a new MRL regime. The proposal would apply a default limit of determination (LOD), effectively zero, to all active ingredient/crop combinations for which ësubstantive EC MRLs' have not been set.
"However the EC will not complete its programme for setting substantive EC MRLs for some years to come. Therefore, the proposal provides for the establishment of ëtemporary EC MRLs' for active substances for which substantive EC MRLs have not been set.
"Temporary EC MRLs would be a transitional measure and would be based on existing ënational MRLs' set by member states. They will remain in force until superseded by substantive EC MRLs."
The situation is problematic for UK importers as in the past not many national MRLs have been set in the UK. "This is a situation we must now rectify most particularly for third country imports," warned Henderson. Failure to do so will mean that in the UK the MRLs for active ingredient/crop combinations that do not have a substantive EC MRL, a UK national MRL or a UK temporary MRL will default to the LOD. "
"This could mean that the product, if it has a residue above the LOD, would become illegal to sell in the UK," said Henderson.
The FPC has published a list of active ingredients and a list of UK temporary MRLs and import tolerances is available at www.pesticides.gov.uk
The FPC recommends all traders obtain a proposed pesticide use form from each supplier in accordance with the FPC Pesticide code of practice (App IIIc).
"Check the actives being used by your suppliers appear on the list," said Henderson. "If there is no substantive EC, UK national or UK temporary MRL you should send details in writing of the MRL your supplier requires for the use to continue by October 30 to the PSD in York. And if available you should also provide supporting data from sources such as: residues trials; monitoring; the good agricultural practice on which the use is based; the source of the proposed MRL (ie another member state or Codex). You should also send a copy to the FPC."
The FPC also warns that UK approvals for use, if that use leaves a residue above the LOD, may have to be revoked if they are not covered by substantive EC MRLs, UK national MRLs or UK temporary MRLs adopted under this exercise. The FPC is already liaising with the crop protection industry, the National Farmers' Union and the Horticultural Development Council to ensure that the UK position is covered.
Henderson also warns that imported produce grown outside the EU is particularly at risk due to an absence of UK national MRLs for tropical and subtropical lines. "Hence the need for information to establish a UK temporary MRL," he said.
No comments yet