EU MRLs apply to food or feed produced in or imported into and marketed within Northern Ireland - this excludes goods moved from GB under the Northern Ireland Retail Movement Scheme. Information on EU law and procedures for MRLs is available on the European Commission website[1].
Search for EU MRLs in the European Commission's EU pesticides database[2].
Northern Ireland Retail Movement Scheme
The Windsor Framework establishes a route to move pre-packed retail goods from Great Britain (England, Scotland and Wales) into Northern Ireland. It is called the Northern Ireland Retail Movement Scheme (NIRMS).
GB public health and consumer protection standards apply for all products moving to Northern Ireland through the scheme. GB sourced goods can be legally marketed in NI under GB MRLs, even if the EU MRL is different, when traded via the NIRMS.
All other treated goods not moved under the NIRMS, can only be marketed in Northern Ireland if they are in accordance with the statutory EU Maximum Residue Level (MRL) set under Regulation (EC) No 396/2005. This may also apply to residues in animal products where treated crops are fed to livestock.
This change does not apply to retail goods produced within NI. In this case, the EU rules continue to apply.
Further guidance on the Northern Ireland Retail Movement Scheme: how the scheme will work - GOV.UK (www.gov.uk)[3].
IMPORTANT: Note that goods treated under the terms of a Great Britain (GB) authorisation and that meet the regulatory requirements relating to GB MRLs can be legally marketed in Northern Ireland if they are being moved under the Northern Ireland Retail Movement Scheme.
All other treated goods can only be marketed in Northern Ireland if they are in accordance with the statutory EU Maximum Residue Level (MRL) set under Regulation No 396/2005. This may also apply to residues in animal products where treated crops are fed to livestock.
Growers are advised to draw this to the attention of distributors and retailers so that EU MRL breaches and any associated enforcement against goods marketed in Northern Ireland are avoided.
New MRLs
If the proposed use of a plant protection product (PPP) in Northern Ireland is likely to lead to residues exceeding the EU MRL, you must apply to change the EU MRL before use of the PPP can be authorised.
To import produce into Northern Ireland with residues exceeding the EU MRL, you must apply for an import tolerance before importing treated produce – excludes produce originating in GB and moved to NI under NIRMS.
An application to raise an EU MRL would need to be submitted to the Competent Authority of an EU Member State. Details of the EU MRL processes are available on the European Commission MRL webpages[4].
More on Northern Ireland and pesticides regulation is available in the guidance regulating pesticides in the UK after Brexit[5].