Made | 6 December 2005 | ||
Coming into force | 1 January 2006 |
1. | Title, application and commencement |
2. | Interpretation |
3. | Scope and interpretation of Part 2 |
4. | Competent authorities |
5. | Offences and penalties |
6. | Form of notification with a view to registration |
7. | Form of declaration in relation to transitional measures |
8. | Form of application for approval |
9. | Procedure for suspension of registration or approval |
10. | Procedure for lifting of suspension |
11. | Procedure for the revocation of registration or approval |
12. | Form of application for amendments to approval or registration |
13. | Right of appeal against suspension or revocation of registration |
14. | Fees for approvals or amendments to approvals |
15. | Offences, penalties and enforcement |
16. | Enforcement |
17. | Feed business improvement notices |
18. | Right of appeal against feed business improvement notices |
19. | Appeals to Crown Court |
20. | Actions resulting from appeals |
21. | Feed business prohibition orders |
22. | Feed business emergency prohibition notices and orders |
23. | Penalties for offences in relation to improvement notices, prohibition orders etc |
24. | Powers of entry for authorised officers |
25. | Inspection, seizure and detention of suspect feed |
26. | Service of Notices |
27. | Offences relating to the exercise of powers by authorised officers |
28. | Liability for expenditure |
29. | Application of various provisions of the Feeding Stuffs (Sampling and Analysis) Regulations |
30. | Procedure relating to samples for analysis |
31. | Secondary sampling by the Government Chemist |
32. | Additional provisions relating to sampling and analysis |
33. | Assembly's default powers and area of authorised officer's powers |
34. | Protection of authorised officers acting in good faith |
35. | Defences of fault of another person, mistake etc and export |
36. | Offences by corporate bodies or Scottish partnerships |
37. | Institution of and time limit for prosecutions |
38. | Revocations |
SCHEDULE 1 | SPECIFIED FEED LAW |
SCHEDULE 2 | REVOCATIONS |
SCHEDULE 3 | FEES PAYABLE FOR APPROVALS |
(2) Subject to paragraph (3), other expressions used in these Regulations and in Regulation 178/2002, Regulation 882/2004 or Regulation 183/2005 have the same meaning in these Regulations as in that Regulation.
(3) In these Regulations "feed" or "feeding stuff" does not include any of the following feed additives or premixtures of such additives—
(4) Where, apart from this paragraph, any period of less than seven days which is specified in these Regulations would include any day which is—
such day will be excluded from the period.
Offences and penalties
5.
—(1) Any person who contravenes or fails to comply with any of the specified provisions of Regulation 183/2005 set out in paragraph (2) is guilty of an offence and liable—
(b) in the case of sub-paragraphs (a), (b), (c), and (f) of paragraph (2), on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.
(2) The specified provisions referred to in paragraph (1) are—
Form of notification with a view to registration
6.
Any person who is required under Article 9 (official controls, notification and registration) to notify the enforcement authority of the information mentioned in paragraph (2)(a) or (b) of that Article must ensure that any such notification—
Form of declaration in relation to transitional measures
7.
Any person to whom Article 18(3) (transitional measures) applies must ensure that a declaration submitted in accordance with that provision—
Form of application for approval
8.
Where approval of a feed business establishment is required pursuant to Article 10, an application to the enforcement authority for the area in which the establishment is located must be made which—
Procedure for suspension of registration or approval
9.
—(1) Where an enforcement authority proposes to take action pursuant to Article 14 (temporary suspension of registration or approval) it must serve on the feed business operator a notice in accordance with paragraph (2).
(2) The notice served by the enforcement authority under paragraph (1) must—
Procedure for lifting of suspension
10.
Where the enforcement authority which has served notice on a feed business operator under regulation 9 is satisfied that—
it must immediately lift the suspension and notify the feed business operator in writing to that effect.
Procedure for the revocation of registration or approval
11.
—(1) Where an enforcement authority proposes to take action in the circumstances set out in Article 15 (revocation of registration or approval) it must serve on the feed business operator a notice in accordance with paragraph (2).
(2) The notice served by the enforcement authority under paragraph (1) must—
(3) Where an enforcement authority has revoked a registration or approval pursuant to this regulation it must—
Form of application for amendments to approval or registration
12.
—(1) Where a feed business operator wishes to apply for amendments to approval or registration pursuant to Article 16 (amendments to registration or approval of an establishment), an application to the enforcement authority for the area in which the relevant feed business establishment is located must be made which—
Right of appeal against suspension or revocation of registration
13.
—(1) Any person who is aggrieved by the decision of an enforcement authority taken in respect of—
may appeal to a magistrates' court.
(2) The procedure on appeal to a magistrates' court under paragraph (1) is by way of complaint for an order, and the Magistrates' Courts Act 1980[13] will apply to the proceedings.
(3) The period within which an appeal under paragraph (1) may be brought is one month from the date on which notice of the decision was served on the person desiring to appeal and the making of a complaint for an order is deemed for the purposes of this paragraph to be the bringing of the appeal.
(4) Where on an appeal under paragraph (1) a magistrates' court determines that the decision of the enforcement authority is incorrect, the authority must give effect to the determination of the court.
(5) Where a registration is suspended or revoked, the feed business operator who, immediately before such suspension or revocation, had been using the establishment concerned may continue to use it, subject to any conditions imposed by the enforcement authority for the protection of public health, unless—
(6) Nothing in paragraph (5) permits an establishment to be used for a feed business if a feed business prohibition order, a feed business emergency prohibition notice or a feed business emergency prohibition order has been imposed in relation to the establishment.
Fees for approvals or amendments to approvals
14.
—(1) Subject to paragraph (3), a feed business operator who applies to an enforcement authority under regulation 8 for approval or under regulation 12 for amendment to an approval must—
(2) In relation to any application submitted to it under regulations 8 or 12, the enforcement authority need not—
(3) Where a feed business operator makes an application under regulation 8 or 12 seeking approval or as the case may be the amendment of approval of an establishment as one on which more than one feed business activity requiring approval may be exercised, the operator is liable to pay a single relevant fee, which fee will be the highest one otherwise payable.
(4) In this regulation "relevant fee" means the fee specified in Schedule 3.
(b) in the case of paragraph (2)(c), (d) and (e) on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.
(2) The specified provisions referred to in paragraph (1) are—
(3) The competent authority for the purposes of Articles 15 and 18 is the enforcement authority and for the purposes of Article 20 is the enforcement authority or the Agency.
(4) In this regulation "feed" means feed for food-producing animals.
(2) Any person who fails to comply with a feed business improvement notice is guilty of an offence.
(3) A feed business improvement notice must state the right to appeal under regulation 18 and the appropriate time limit for bringing any such appeal.
Right of appeal against feed business improvement notices
18.
—(1) Any person who is aggrieved by a decision of an authorised officer to serve a feed business improvement notice may appeal to a magistrates' court.
(2) The procedure on an appeal to a magistrates' court under paragraph (1) is by way of complaint for an order, and the Magistrates' Courts Act 1980[14] will apply to the proceedings.
(3) The period within which an appeal under paragraph (1) may be brought is—
and the making of a complaint for an order is deemed for the purposes of this paragraph to be the bringing of the appeal.
Appeals to Crown Court
19.
A person who is aggrieved by—
may appeal to the Crown Court.
Actions resulting from appeals
20.
—(1) On an appeal against a feed business improvement notice the court may cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.
(2) Where any period specified in a feed business improvement notice pursuant to regulation 17(1)(d) would otherwise include any day on which an appeal against that notice is pending, that day will be excluded from that period.
(3) Any appeal must be regarded as pending for the purposes of paragraph (2) until it is finally disposed of, is withdrawn or is struck out for want of prosecution.
Feed business prohibition orders
21.
—(1) If—
the court must by an order impose the appropriate prohibition.
(2) The health risk condition is fulfilled with respect to any feed business if any of the following involves risk of injury to health (including any impairment, whether permanent or temporary), namely—
and for the purposes of this paragraph "health" means the health of an animal or, through the consumption of the products of such animal, human health.
(3) The appropriate prohibition is—
(4) If—
the court may, by an order, impose a prohibition on the feed business operator participating in the management of any feed business, or any feed business of a class or description specified in the order.
(5) As soon as practicable after the making of an order under paragraph (1) or (4) (in these Regulations referred to as a "feed business prohibition order"), the enforcement authority must—
and any person who knowingly contravenes such an order is guilty of an offence.
(6) A feed business prohibition order will cease to have effect—
(7) The enforcement authority must issue a certificate under sub-paragraph (a) of paragraph (6) within three days of its being satisfied as mentioned in that sub-paragraph; and on an application by the feed business operator for such a certificate, the authority must—
(8) The court must give a direction under sub-paragraph (b) of paragraph (6) if, on an application by the feed business operator, the court thinks it proper to do so having regard to all the circumstances of the case, including in particular the conduct of the feed business operator since the making of the order; but no such application may be entertained if it is made—
(9) Where a magistrates' court makes an order under regulation 22(2) with respect to any feed business, paragraph (1) will apply as if the feed business operator had been convicted by the court of an offence under specified feed law.
(10) Where the commission of an offence by a feed business operator leads to the conviction of another person pursuant to regulation 35(1), paragraph (4) will apply in relation to that other person as it applies in relation to the feed business operator and any reference in paragraph (5) or (8) to the feed business operator must be construed accordingly.
Feed business emergency prohibition notices and orders
22.
—(1) If an authorised officer of an enforcement authority is satisfied that the health risk condition is fulfilled with respect to any feed business the officer may by a notice served on the relevant feed business operator (in these Regulations referred to as a "feed business emergency prohibition notice") impose the appropriate prohibition.
(2) If a magistrates' court is satisfied, on the application of such an officer, that the health risk condition is fulfilled with respect to any feed business, the court must, by an order (in these Regulations referred to as a "feed business emergency prohibition order"), impose the appropriate prohibition.
(3) Such an officer may not apply for a feed business emergency prohibition order unless, at least one day before the date of the application, the officer has served notice on the relevant feed business operator of his or her intention to apply for the order.
(4) Paragraphs (2) and (3) of regulation 21 apply for the purposes of this regulation as they apply for the purposes of that regulation, but as if the reference in paragraph (2) to risk of injury to health were a reference to imminent risk of injury.
(5) As soon as practicable after the service of a feed business emergency prohibition notice, an authorised officer of an enforcement authority must affix a copy of the notice in a conspicuous position on such premises used for the purposes of the feed business as the officer considers appropriate; and any person who knowingly contravenes such a notice will be guilty of an offence.
(6) As soon as practicable after the making of a feed business emergency prohibition order, an authorised officer of an enforcement authority must—
and any person who knowingly contravenes such an order is guilty of an offence.
(7) A feed business emergency prohibition notice will cease to have effect—
(8) A feed business emergency prohibition notice or a feed business emergency prohibition order will cease to have effect on the issue by the enforcement authority of a certificate to the effect that it is satisfied that the feed business operator has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the feed business.
(9) The enforcement authority must issue a certificate under paragraph (8) within three days of being satisfied as mentioned in that paragraph; and on an application by the feed business operator for such a certificate, the authority must—
(10) Where a feed business emergency prohibition notice is served on a feed business operator, the enforcement authority must compensate the operator in respect of any loss suffered by reason of the operator complying with the notice unless—
and any disputed question as to the right to or the amount of any compensation payable under this paragraph is determinable by arbitration.
Penalties for offences in relation to improvement notices, prohibition orders etc
23.
Anyone guilty of an offence under regulation 17(2), 21(5) or 22(5) or (6) is liable—
Powers of entry for authorised officers
24.
—(1) For the purposes of executing and enforcing specified feed law an authorised officer may at all reasonable times, and on producing, if requested to do so, some duly authenticated document showing his or her authority, enter—
(2) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any such premises as are mentioned in paragraph (1), and either—
the justice may by warrant signed by him or her authorise the authorised officer to enter the premises, if need be by reasonable force.
(3) Every warrant granted under this regulation will continue in force for a period of one month.
(4) An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may take with him or her such other persons and such equipment as may appear to the officer to be necessary, and on leaving any unoccupied premises which he or she has entered by virtue of such a warrant, must leave them as effectively secured against unauthorised entry as that in which they were found.
(5) An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, has the right to inspect—
(6) Subject to paragraph (8), an authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, has the right to take on those premises, in the prescribed manner, a sample of any material appearing to the officer to be a feed manufactured, produced, placed on the market or intended to be placed on the market or to be material used, or intended to be used, as feed.
(7) Without prejudice to his or her powers and duties as to the taking of samples in the prescribed manner, an authorised officer may take a sample in a manner other than that prescribed of any material which has been sold for use as feed or which the officer has reasonable cause to believe to be intended for sale as such.
(8) Where, for the purpose of taking a sample pursuant to paragraph (6) or (7), an authorised officer takes some of it from each of one or more containers, which are exposed for sale by retail, and none of which weighs more than six kilograms, the owner of the container or containers may require the authorised officer to purchase the container or containers on behalf of the authority for whom the officer acts.
(9) An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, has the right—
(10) An authorised officer exercising the power conferred by paragraph (9) in respect of a record held by means of a computer—
to afford the authorised officer such reasonable assistance as he or she may require for that purpose; and
(c) may require the record, or an extract from the record, to be produced in a form in which it may be taken away.
(11) Where (in the case of a person carrying on, or appearing to carry on, a business which consists of or includes the manufacture of a compound feeding stuff)—
the person of whom the requirement is made will be deemed to comply with it if, at the time it is made, that person supplies the authorised officer making it with correct and adequate details of the publication concerned, and of where a copy of it may be obtained.
(12) An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, has the right to seize and detain any record which the officer has reasonable cause to believe to be a record which may be required as evidence in proceedings under specified feed law.
(13) In this regulation—
(14) Nothing in this regulation authorises any person, except with the permission of the local authority under the Animal Health Act 1981[15], to enter any premises—
Inspection, seizure and detention of suspect feed
25.
—(1) Where an authorised officer has inspected or sampled any material under regulation 24, paragraphs (2) to (7) will apply where, on such an inspection, or upon analysis of samples taken, it appears to the officer that the material fails to comply with the requirements of specified feed law.
(2) The authorised officer may either—
(b) seize the material in order to have it dealt with by a justice of the peace,
and any person who knowingly contravenes the requirements of a notice under sub-paragraph (a) above is guilty of an offence.
(3) Where the authorised officer exercises the powers conferred by paragraph 2(a), the officer must, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he or she is satisfied that the material complies with the requirements mentioned in paragraph (1) and—
(4) Where the authorised officer exercises the powers conferred by paragraph 2(b) or takes action under paragraph 3(b), the officer must inform the person in charge of the material of the officer's intention to have it dealt with by a justice of the peace and—
(5) If it appears to a justice of the peace, on the basis of such evidence as he or she considers appropriate in the circumstances, that any material falling to be dealt with by him or her under this regulation fails to comply with the requirements of specified feed law then he or she must condemn the material and order—
(6) If a notice under paragraph 2(a) is withdrawn, or the justice of the peace by whom any material falls to be dealt with under this regulation refuses to condemn it, the enforcement authority must compensate the owner of the material for any depreciation in its value resulting from the action taken by the authorised officer.
(7) Any disputed question as to the right or the amount of any compensation payable under paragraph (6) is determinable by arbitration.
(8) Anyone found guilty of an offence under paragraph (2) is liable—
Service of Notices
26.
—(1) Any notice to be given under regulation 9, 10, 11, 17, 22 or 25—
(2) Where it is not practicable after reasonable enquiry to ascertain the name and address of the person on whom the notice should be served, or where the premises in which feed business is carried on are unoccupied, the notice may be addressed to the "owner" or "occupier" of the premises in which the feed business is carried on, and delivered to some person on those premises, or if there is no person on the premises to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.
Offences relating to the exercise of powers by authorised officers
27.
—(1) Any person who wilfully obstructs an authorised officer in the exercise of his or her powers under these Regulations or fails to comply with any requirement lawfully made by the officer in the exercise of such powers is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to a term of imprisonment not exceeding three months or to both.
(2) Any person not being an authorised officer who purports to act as such under these Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale or to a term of imprisonment not exceeding three months or to both.
(3) Subject to paragraph (4), if any person discloses to any other person—
that person is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale unless the disclosure was made in and for the purpose of the performance by that person or any other person of functions under these Regulations.
(4) Paragraph (3) does not apply to prevent an authorised officer who has taken a sample under regulation 24 from disclosing—
Liability for expenditure
28.
—(1) Subject to paragraph (2) any sums due to the enforcement authority by virtue of Article 54(5) (action in the case of non-compliance) of Regulation 882/2004 must be paid by the feed business operator to the enforcement authority on demand.
(2) This regulation does not apply in relation to Article 54(2)(g), (measures referred to in Article 19 on consignments from third countries), of Regulation 882/2004.
Application of various provisions of the Feeding Stuffs (Sampling and Analysis) Regulations
29.
—(1) The following provisions of the Feeding Stuffs (Sampling and Analysis) Regulations 1999 apply, subject to the modifications specified in paragraph (2), for the purposes of these Regulations as they apply in relation to sampling and analysis under those Regulations—
(2) The Feeding Stuffs (Sampling and Analysis) Regulations 1999 as they apply in relation to Wales are read as if in those Regulations—
Procedure relating to samples for analysis
30.
—(1) Where in accordance with regulation 24(6) an authorised officer obtains a sample and decides to have it analysed for the purpose of ascertaining whether there is or has been any contravention of specified feed law, the officer must divide the sample into three parts of as near as may be equal size and—
(c) send another part to the person who owns the material sampled or to that person's agent;
(d) retain and preserve the remaining part as an officially sealed reference sample.
(2) If the person who manufactured any material sampled under these Regulations is not a person to whom part of the sample should be sent under paragraph (1), that paragraph will have effect as if for the reference to three parts there were substituted a reference to four parts, and the authorised officer must within 14 days of the date of sampling send the fourth part to the manufacturer, unless the officer does not know and is unable to ascertain after making reasonable enquiries the identity of the manufacturer or the manufacturer's address in the United Kingdom.
(3) The part of the sample sent to the agricultural analyst or, as the case may be, to the point 4 compliant laboratory must be accompanied by a statement signed by the authorised officer confirming that the sample was taken in the manner prescribed by Part II of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999.
(4) The agricultural analyst or, as the case may be, the point 4 compliant laboratory must analyse the part of the sample sent to him or her under paragraph (1), and send a certificate of analysis to the authorised officer, who must send a copy to—
(5) If the agricultural analyst to whom the sample was sent under paragraph (1)(b)(i) determines that an effective analysis of the sample cannot be performed by the analyst or under his or her direction the analyst must send it to the agricultural analyst for another area, together with any documents received by him or her with the sample, and paragraph (4) will then apply as if the sample had originally been sent to that other analyst.
Secondary sampling by the Government Chemist
31.
—(1) Where a part of a sample sent under regulation 30(1)(b) has been analysed and—
paragraphs (2) to (6) will apply.
(2) The authorised officer—
send the retained part of the sample to the Government Chemist for analysis.
(3) the Government Chemist must analyse in the prescribed manner the part of the sample sent to him or her under paragraph (2) and send to the authorised officer a certificate of the analysis which must be—
(4) The authorised officer must immediately on receipt supply the prosecutor (if a person other than the authorised officer) and the defendant with a copy of the Government Chemist's certificate of analysis
(5) Where a request is made under paragraph (2)(c), the authorised officer may give notice in writing to the defendant requesting payment of a fee specified in the notice in respect of the functions mentioned in paragraph (3), and if the specified fee does not exceed either—
the authorised officer may in the absence of agreement by the defendant to pay the fee refuse to comply with the request made under paragraph (2)(c).
(6) In this regulation—
Additional provisions relating to sampling and analysis
32.
—(1) Any person who—
is guilty of an offence and liable on summary conviction to a fine not exceeding level five on the standard scale or imprisonment for a term not exceeding three months or both.
(2) Any analysis required to be made under regulation 30(4) or 31(3) may be performed by any person acting under the direction of the agricultural analyst, the analyst at the point 4 compliant laboratory or the Government Chemist as the case may be.
(3) A certificate of analysis by an agricultural analyst, an analyst at a point 4 compliant laboratory or the Government Chemist will in any legal proceedings be received as evidence of the facts stated in the certificate if the party against whom it is to be given in evidence—
(4) Any document purporting to be a certificate of analysis for the purposes of paragraph (3) will be deemed to be such a certificate unless the contrary is proved.
Assembly's default powers and area of authorised officer's powers
33.
—(1) If the Assembly considers that these Regulations, or Regulation 178/2002 or Regulation 183/2005 have been insufficiently enforced in the area of any enforcement authority the Assembly may appoint one or more persons to exercise in that area the powers exercisable by authorised officers appointed by the authority, and any expenses certified by the Assembly as having been incurred by the Assembly under this regulation in respect of that area must be repaid to the Assembly on demand by the authority in question.
(2) An authorised officer may not exercise his or her powers under these Regulations in respect of any premises outside the area for which the officer is appointed except with the consent of the enforcement authority for the area in which those premises are situated.
Protection of authorised officers acting in good faith
34.
—(1) An authorised officer is not personally liable in respect of any act done by him or her—
if the officer did that act in the honest belief that his or her duty under these Regulations required or entitled the officer to do it.
(2) Nothing in paragraph (1) may be construed as relieving any enforcement authority of any liability in respect of the acts of their officers.
(3) Where an action has been brought against an authorised officer in respect of an act done by him or her—
the authority may indemnify the officer against the whole or a part of any damages which the officer has been ordered to pay or any costs which the officer may have incurred if it is satisfied that the officer honestly believed that the act complained of was within the scope of his or her employment.
(4) An agricultural analyst is to be treated for the purposes of this regulation as being an authorised officer, whether or not his or her appointment is a whole-time one.
Defences of fault of another person, mistake etc and export
35.
—(1) Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person is guilty of the offence and may be accused and convicted of the offence whether or not proceedings are taken against the first-mentioned person.
(2) In any proceedings for an offence under these Regulations it will, subject to paragraph (3), be a defence to prove—
(3) If in any case the defence provided by paragraph (2) involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person accused will not, without leave of the court, be entitled to rely on that defence unless—
the accused has served on the prosecutor a notice giving such information as the accused may have to identify or assist in identifying that other person.
(4) In any proceedings in which it alleged that a material has contravened or failed to comply with the requirements of specified feed law it is a defence for the person accused to prove that the material in respect of which the offence was alleged to have been committed—
Offences by corporate bodies or Scottish partnerships
36.
—(1) Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
he or she as well as the body corporate will be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
(2) In paragraph (1) "director" in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
(3) Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership will be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
Institution of and time limit for prosecutions
37.
—(1) Without prejudice to any enactment relating to the place where proceedings may be taken, proceedings for an offence under these Regulations may be taken in the place where the person accused resides or carries on business.
(2) No prosecution for an offence under these Regulations may be begun after the expiry of—
whichever is the earlier.
Revocations
38.
The Regulations or parts thereof listed in Schedule 2 to these Regulations are revoked.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[16]
D. Elis-Thomas
The Presiding Officer of the National Assembly
6 December 2005
Activity requiring approval | Fee (£) |
Manufacture only, or manufacture and placing on the market, of feed additives referred to in Article 10(1)(a) of Regulation 183/2005 other than those specified in regulation 2(3), or of premixtures of such additives | 451 |
Placing on the market of feed additives referred to in Article 10(1)(a) of Regulation 183/2005 other than those specified in regulation 2(3), or of premixtures of such additives | 226 |
3.
In particular provision is made in Part 2 to—
(d) lay down the procedures to be followed by an enforcement authority when—
(e) set out the requirements to be observed by anyone applying for an amendment to a registration or approval (regulation 12);
(f) provide for a right of appeal against decisions relating to registrations or approvals taken by enforcement authorities (regulation 13); and
(g) specify the fees payable by an applicant for approval or amendment to an approval (regulation 14 and Schedule 2).
4.
These Regulations in Part 3 revoke and re-enact with minor amendments the provisions formerly contained in the Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations 2004 (S.I. 2004/3254) which provided for the execution and enforcement of the feed safety requirements of Regulation 178/2002.
5.
The provisions in Part 3 apply only to feed for food-producing animals, and make it an offence to contravene various specified provisions of Regulation 178/2002 (regulation 15). Those specified provisions are—
6.
These Regulations in Part 4 provide for the administration and enforcement of the law relating to animal feed contained in a number of pieces of legislation as listed in Schedule 1. In so doing these Regulations revoke the Feeding Stuffs (Enforcement) Regulations 1999 (S.I. 1999/2325), re-enact with amendments most of the provisions contained in those Regulations, and introduce further provisions needed to comply with the requirements of Regulation 882/2004. That EC Regulation repealed Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition, a Directive that was implemented in part by S.I. 1999/2325 mentioned above.
7.
In particular Part 4—
8.
In Part 4, these Regulations additionally—
9.
A full Regulatory Appraisal on the effect that these Regulations will have on the costs of business has been prepared and placed in the Library of the National Assembly for Wales. Copies may be obtained from the Food Standards Agency, Southgate House, Wood Street, Cardiff CF10 1EW.
[6] OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4).back
[8] OJ No. L209, 6.8.2002, p.15.back
[9] S.I. 1999/1663 as amended in relation to Wales by S.I. 1999/1871, S.I. 2001/2253 (W.163), S.I. 2002/1797 (W.172), S.I. 2003/1677 (W.180), S.I. 2003/1850 (W.200), S.I. 2003/3119 (W.297), S.I. 2004/1749 (W.186) and S.I. 2004/3091 (W.265).back
[10] OJ No. L191, 28.5.2004, p.1.back
[11] OJ No. L35, 8.2.2005, p.1.back
[20] S.I. 2001/2253 (W.163)back
[21] S.I. 2001/3461 (W.280)back
[22] S.I. 2002/1797 (W.172)back
[24] S.I. 2003/1677 (W.180)back
[25] S.I. 2003/1850 (W.200)back
[26] S.I. 2003/3119 (W.297)back
[27] S.I. 2004/1749 (W.186)back
[28] S.I. 2004/3091 (W.265).back
[29] S.I. 2005/1393 (W.107).back