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      SCOTTISH STATUTORY INSTRUMENTS


      2001 No. 383

      AGRICULTURE

      The Processed Animal Protein (Scotland) Amendment Regulations 2001

        Made 12th October 2001 
        Laid before the Scottish Parliament 19th October 2001 
        Coming into force 12th November 2001 

      The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

      Citation and commencement
           1. These Regulations may be cited as the Processed Animal Protein (Scotland) Amendment Regulations 2001 and shall come into force on 12th November 2001.

      Amendment of the Processed Animal Protein (Scotland) Regulations 2001
          
      2.  - (1) The Processed Animal Protein (Scotland) Regulations 2001[2] shall be amended in accordance with the following provisions of this regulation.

          (2) In regulation 10(3)(d) (trade with other member States) the words "of the place of destination" where they first appear shall be omitted.

          (3) For regulation 12(1) (manufacture of feedingstuffs) there shall be substituted-

            " (1) Subject to paragraph (2) below, no person shall manufacture any feedingstuff, including petfood, which is destined for animals other than farmed animals, and which contains processed animal protein, in premises which prepare feed for farmed animals.".


      ROSS FINNIE
      A member of the Scottish Executive

      St Andrew's House, Edinburgh
      12th October 2001

      EXPLANATORY NOTE

      (This note is not part of the Regulations)

      These Regulations amend the Processed Animal Protein (Scotland) Regulations 2001 ("the principal Regulations"), which give effect in Scotland to Council Decision 2000/766/EC (O.J. No. L 306, 7.12.00, p.32) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein.

      Regulation 2(2) amends regulation 10(3)(d) in the principal Regulations to delete the words "of the place of destination" where they appear in duplicate in error.

      Regulation 12(1) of the principal Regulations makes provision for the manufacture of feedingstuffs for farmed animals. Regulation 2(3) of these Regulations amends that regulation to correct an error, by making it clear that, subject to an exception, feedingstuffs containing processed animal protein may not be manufactured in premises which prepare food for farmed animals.

      [1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

      [2] S.S.I. 2001/276.back


      ISBN 0 11059887 3


 



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Prepared 2 November 2001
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