The Feeding Stuffs and the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2006

Amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999

3.—(1) The Feeding Stuffs (Sampling and Analysis) Regulations 1999(1) are amended in relation to Wales in accordance with paragraphs (2) to (6).

(2) In regulation 1 (title, commencement and interpretation), at the end of the definition of Directive 2002/70/EC add the expression “as amended by Commission Directive 2005/7/EC(2)”.

(3) In regulation 6, for paragraph (4) substitute the following—

“(4) Where a sample of a feeding stuff is to be analysed pursuant to—

(a) section 75(1) (sample analysed at the request of the purchaser) of the Act, or

(b) section 78(1) (further analysis by Government chemist) of the Act in so far as that sub-section does not relate to official controls,

and neither paragraph (1) nor (3) applies, the analysis shall be carried out in the like manner as that prescribed by Article 11(1)(a) or as appropriate (b) of Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure verification of compliance with feed and food law, animal health and animal welfare rules(3).”.

(4) In Schedule 2 Part I (general provisions) add the following paragraph—

“Assessment of compliance in analysis for undesirable substances

4.— (a) Subject to paragraph (c), in the case of analysis to detect the presence of one or more of the undesirable substances listed in Schedule 5 to the Feeding Stuffs (Wales) Regulations 2006 (“the Schedule”), a feeding stuff which has been sampled and analysed in accordance with these Regulations does not comply with the relevant prescribed limit or limits set out in the Schedule if, after taking into account expanded measurement uncertainty and correction for recovery in accordance with paragraph (b), the analytical result indicates the presence of an undesirable substance in excess of the maximum content specified for that substance in column 3 of the Schedule.

(b) In assessing compliance for the purposes of paragraph (a), the analysed concentration must be corrected for recovery and the expanded measurement uncertainty subtracted from the analytical result.

(c) The procedure in paragraphs (a) and (b) is not applicable in the case of microscopic analysis or in any other case where the method of analysis makes it impossible to estimate measurement uncertainty and correction for recovery.”.

(5) In relation to the entries regarding dioxins and dioxin-like PCBs in Annex I to Part II (methods of analysis) of Schedule 2—

(a) in column 2 after the expression “Annex II to that Directive” add “(in relation to point 2 of Annex I as replaced by, and in relation to point 2 of Annex II as amended by, Directive 2005/7/EC)”;

(b) in column 3 opposite the expression added by sub-paragraph (a) insert “OJ No. L27, 29.1.2005, p.41”.

(6) In Schedule 3 Part II (notes for completion of certificate) in note (8) add the following sub-paragraph—

“(d) in cases where paragraph 4 of Part I of Schedule 2 is applicable, the result—

(i) corrected or uncorrected for recovery, the manner of reporting and the level of recovery being indicated;

(ii) as “x ± U”, where x is the analytical result and U is the expanded measurement uncertainty, using a coverage factor of 2 to give a level of confidence of approximately 95%.”.

(1)

S.I. 1999/1663, as previously amended 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. 2006/116 (W.14).

(2)

OJ No. L27, 29.1.2005, p.41.

(3)

OJ No. L191, 28.5.2004, p.1.