Statutory Instruments of the Scottish Parliament

(a) put into circulation any product intended for animal feed which is specified in column 2 of Part I of Schedule 7; or

(b) use any such product for animal feed,

if it contains any undesirable substance specified in column 1 of that Part in excess of the level specified for it in column 3 of that Part.

    (2) No person shall put into circulation, or use as a feeding stuff, any complementary feeding stuff if-

(a) having regard to the quantity of it recommended for use in a daily ration, it contains any undesirable substance specified in column 1 of Part I of Schedule 7 in excess of the level specified for it in column 3 of that Part in relation to complete feeding stuffs; and

(b) there is no provision relating to any complementary feeding stuff in the corresponding entry in column 2 of that Part.

    (3) No person shall mix any product intended for animal feed which is specified in column 2 of Part I of Schedule 7 and which contains any undesirable substance specified in column 1 of that Part in excess of the level specified for it in column 3 of that Part for the purpose of dilution with any product intended for animal feed.

    (4) No person shall put into circulation any product intended for animal feed or use any such product for animal feed unless it is-

(a) sound and genuine; and

(b) of merchantable quality.

    (5) For the purposes of paragraph (4) above, a product intended for animal feed which is specified in column 2 of Part I of Schedule 7 is not sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 of that Part in excess of the level specified in relation to it in column 3 of that Part.

    (6) For the purposes of paragraph (2) above "feeding stuff" means-

(a) a product of vegetable origin in its natural state (whether fresh or preserved);

(b) a product derived from the industrial processing of such a product; or

(c) an organic or inorganic substance, used singly or in a mixture,

whether or not containing additives, for oral feeding to pet animals, to farmed creatures or to animals living freely in the wild, and "complementary feeding stuff" and "complete feeding stuff" shall be construed accordingly.".

(i) the word "and", where it appears at the end of sub-paragraph (b), shall be omitted;

(ii) for sub-paragraph (c) there shall be substituted-

" (c) the batch reference number; and"; and

(iii) after sub-paragraph (c) there shall be inserted-

" (d) the approval or registration number allocated, in accordance with Article 5 or as the case may be Article 10 of the Establishments Directive to the establishment which manufactured the compound feeding stuff;"; and

(c) for paragraph 19 there shall be substituted-

(i) by their specific names; and

(ii) with an indication, in descending order, of the percentage by weight of each feed material contained in the compound feeding stuff, subject to a limit of variation of ± 15% in relation to each declared percentage; and

(b) the statutory statement shall contain the following declaration-

" The exact percentage by weight of feed materials used in this feeding stuff may be obtained from … (name or trade name, address or registered office, telephone number and email address of the supplier of the compound feeding stuff).".

(i) omits the provisions contained in the previous regulation which regulated the putting into circulation of feed materials containing undesirable substances above prescribed levels, required those possessing non-compliant products in the course of a business to notify the Food Standards Agency and the enforcement authorities of that fact and defined feed material for the purposes of regulation 14; and

(ii) re-enacts the remaining provisions of the previous regulation 14 with modifications, in particular by replacing the references to the terms "feeding stuff" and "feed material" with reference to the term "product intended for animal feed" (regulation 4);

(d) inserting a new regulation, regulation 19A (provision of information in relation to compound feeding stuffs for animals other than pet animals), which requires suppliers of compound feeding stuffs to provide specified information relating to the feeding stuffs if requested to do so by those to whom they are supplied (regulation 5);

(e) making a consequential amendment to regulation 25(2) (regulation 6);

(f) adding four new Commission Regulations to the list of Commission Regulations under which authorisation for the marketing of feed additives has been granted which is contained in Part IX of the Table to Schedule 3 (regulation 7 and the Schedule);

(g) in Schedule 4 (contents of the statutory statement or other declaration (except for additives and premixtures not contained in feeding stuffs)) modifying the matters relating to compound feeding stuffs which are required to be contained in the statutory statement prescribed by regulation 5 or otherwise declared (regulation 8);

(h) in Schedule 7 (prescribed limits for undesirable substances), modifying the headings to columns 1 and 2 of Part I (feeding stuffs) and deleting Part II (feed materials) (regulation 9); and

(i) deleting Part II of Schedule 10 (containing the names of the categories of feed materials for use in relation to compound feeding stuffs for animals other than pets by which, prior to the coming into force of these Regulations, it was permissible to declare those compound feeding stuffs in the statement prescribed by regulation 5 (regulation 10).

A Regulatory Impact Assessment, which includes a compliance cost assessment of the effect which these Regulations would have on business costs, has been prepared for these Regulations and has been placed in the Scottish Parliament Information Centre. Copies may be obtained from the 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.