Made | 16th July 2003 | ||
Coming into force | |||
Regulations 1,2,3,4,5,7,8,9 and 11 and 13 to 20 | 1st August 2003 | ||
Regulations 6,10 and 12 | 6th November 2003 |
(ii) in each of the definitions of "complementary feeding stuff", "complete feeding stuff", for the expression "regulation 12(10)(a)" there shall be substituted the expression "regulation 12(6) and in the definition of "feeding stuff", for the expression "regulation 12(11)(a)" there shall be substituted the expression "regulation 12(7)",
(iii) for the definition of "compound feeding stuff" there shall be substituted the following definition -
(b) for paragraph (8) there shall be substituted the following paragraph -
4.
For paragraph (1) of regulation 7 (limits of variation) there shall be substituted the following paragraph -
5.
For regulation 12 (control of feeding stuffs and feed materials containing undesirable substances) there shall be substituted the following regulation -
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 -
(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 -
(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 -
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.".
6.
Immediately after regulation 17 (control of feeding stuffs intended for particular nutritional purposes, and supplementary provisions relating to statutory statement) there shall be inserted the following regulation -
7.
For paragraph (1) of regulation 24 (modification of section 74A(3) of the Agriculture Act 1970) there shall be substituted the following paragraph -
8.
In paragraph (2) of regulation 24 for the expression "12(3), (4), (6), (7) and (9), 13(1), 15, 16(1) and 17(1)" there shall be substituted the expression "12(1) to (4), 13(1), 15, 16(1), 17(1) and 17A".
9.
In Schedule 3 (permitted additives and provisions relating to their use) for the list of European Community Regulations specified in Part IX of the Table (European Community Regulations by which additives are controlled) there shall be substituted the list of European Community Regulations specified in the Schedule to these Regulations.
10.
In Schedule 4 (contents of the statutory statement or other declaration (except for additives and premixtures not contained in feeding stuffs)) -
(c) for paragraph 19 there shall be substituted the following paragraph -
(b) the statutory statement shall contain the following declaration -
11.
In Schedule 7 (prescribed limits for undesirable substances) -
12.
Part II of Schedule 10 (categories of feed materials for use in relation to compound feeding stuffs for animals other than pets) shall be deleted.
Amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999
13.
The Feeding Stuffs (Sampling and Analysis) Regulations 1999[11] shall be amended in so far as they apply to Wales in accordance with regulations 14 and 15.
14.
In Part I of Schedule 2 (methods of analysis) in paragraph 3(e)(ii) for the expression "and the Feeding Stuffs (Amendment) (Wales) Regulations 2002" there shall be substituted the expression ", the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003".
15.
In Part II of Schedule 3 (form of certificate of analysis) in note (11)(a) for the expression "and the Feeding Stuffs (Amendment) (Wales) Regulations 2002" there shall be substituted the expression ", the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003".
Amendments to the Feeding Stuffs (Enforcement) Regulations 1999
16.
The Feeding Stuffs (Enforcement) Regulations 1999[12] shall be amended in so far as they apply to Wales in accordance with regulations 17 to 20.
17.
In regulation 7 (modification of the Agriculture Act 1970 for certain purposes) -
(b) for paragraph (4) there shall be substituted the following paragraph -
18.
In each of regulations 11, 11A and 11B for the expression "and the Feeding Stuffs (Amendment) (Wales) Regulations 2003" there shall be substituted the expression ", the Feeding Stuffs (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003".
19.
In the modified version of subsection (8) of section 67 of the Agriculture Act 1970 which is set out in regulation 9 for the expression "and the Feeding Stuffs (Amendment) (Wales) Regulations 2002" there shall be substituted the expression ", the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003".
20.
In regulation 10 (modification of section 76 of the Agriculture Act 1970) for the modified version of subsection (17) of section 76 of the Agriculture Act 1970 which is set out in that regulation there shall be substituted the following subsection -
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[13].
D. Elis-Thomas
The Presiding Officer of the National Assembly
16th July 2003
3.
These Regulations also provide for the enforcement of the following Community Regulations -
4.
These Regulations -
(v) inserting a new regulation, regulation 17A (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 6),
(vi) adding two 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 9 and the Schedule),
(vii) 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 4 or otherwise declared (regulation 10),
(viii) 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 11), and
(ix) 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 4 (regulation 12); and
(b) make consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 and the Feeding Stuffs (Enforcement) Regulations 1999 (regulations 13 to 20).
5.
A regulatory impact assessment has been prepared for these Regulations and has been placed in the library of the National Assembly for Wales, together with a transposition note setting out how the main elements of Directive 2002/2/EC and 2002/32/EC are transposed into domestic law by these Regulations. Copies may be obtained from the Animal Feed Unit of the Food Standards Agency, 1st Floor, Southgate House, Cardiff, CF10 1EN.
[4] OJ No. L31, 1.2.2002, p.1. Under Article 3 of Regulation (EC) 178/2002 "food law" extends to feed produced for, or fed to, food producing animals.back
[6] S.I. 2001/343 (W 15), amended by S.I. 2001/1797 (W 172), S.I. 2003/989 (W 138) and S.I. 2003/1677 (W180).back
[7] S.I. 2001/2253 (W 163).back
[8] S.I. 2001/3461 (W 280).back
[9] S.I. 2002/1797 (W 172).back
[10] S.I. 2003/989 (W 138).back
[11] S.I. 1999/1663, amended by S.I. 1999/1871, S.I. 2001/2253 (W. 163), S.I. 2002/1797 (W.172) and S.I. 2003/1677 (W.180).back
[12] S.I. 1999/2325, amended by S.I. 2000/656, S.I. 2001/2253 (W. 163), S.I. 2001/3461 (W.280), S.I. 2002/1797 (W.172), S.I. 2003/989 (W.138) and S.I. 2003/1677 (W.180).back
[14] OJ No. L289, 28.10.98, p.4.back
[15] OJ No. L188, 21.7.1999, p.35.back
[16] OJ No. L297, 18.11.1999, p.8. The Annex to this Regulation is now replaced by the Annex to Regulation (EC) No. 739/2000 (OJ No. L87, 8.4.2000, p.14).back
[17] OJ No. L155, 28.6.2000, p.15.back
[18] OJ No. L280, 4.11.2000, p.28.back
[19] OJ No. L272, 13.10.2001, p.24.back
[20] OJ No. L299, 15.11.2001, p.1.back
[21] OJ No. L41, 13.2.2002, p.6.back
[22] OJ No. L183, 12.7.2002, p.10.back
[23] OJ No. L284, 22.10.2002, p.7.back
[24] OJ No. L333, 10.12.2002, p.5.back
[25] OJ No. L37, 13.2.2003, p.12.back
[26] OJ No. L46, 20.2.2003, p.15.back
[27] OJ No. L96, 12.4.2003, p.11.back
[28] OJ No. L96, 12.4.2003, p.14.back
© Crown copyright 2003 | Prepared 23 July 2003 |