The Feeding Stuffs (Sampling and Analysis) (Amendment) Regulations (Northern Ireland) 2004

Statutory Rules of Northern Ireland

2004 No. 345

AGRICULTURE

The Feeding Stuffs (Sampling and Analysis) (Amendment) Regulations (Northern Ireland) 2004

Made

16th August 2004

Coming into operation

17th September 2004

The Department of Health, Social Services and Public Safety in exercise of the powers conferred by sections 66(1), 75(1), 76(1), 77(4), 78(6), 79(1) and (2), 84 and 86 of the Agriculture Act 1970(1) (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) Regulations (Northern Ireland) 2000(2)), after consultation as required by section 84(1) of that Act and by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3), and being a Department designated(4) for the purposes of section 2(2) of the European Communities Act 1972(5) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2) (in so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as The Feeding Stuffs (Sampling and Analysis) (Amendment) Regulations (Northern Ireland) 2004 and shall come into operation on 17th September 2004.

(2) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

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

2.—(1) The Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999(7) shall be amended in accordance with paragraph (2).

(2) For paragraph (3)(b)(ii) of regulation 5 (application of methods of analysis) there is substituted –

“(ii) the procedure set out in Commission Directive 2003/126/EC(8) on the analytical method for the determination of constituents of animal origin for the official control of feedingstuffs shall be used.”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 16th August 2004.

L.S.

Dennis McMahon

A senior officer of the

Department of Health, Social Services and Public Safety

Explanatory Note

(This note is not part of the Regulations.)

These Regulations, which further amend the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 296), implement Commission Directive 2003/126/EC (O.J. No. L339, 24.12.2003, p. 78) on the analytical method for the determination of constituents of animal origin for the official control of feedingstuffs. They amend the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999 by providing that where a microscopic examination is carried out for specified purposes, the procedure set out in Commission Directive 2003/126/EC shall be used (regulation 2(2)).

(1)

1970 c. 40; sections 68(1A) and 74A were inserted by the Agriculture Act 1970 (Amendment) Regulations 1982 (S.I. 1982/980) and the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6 respectively

(2)

S.R. 2000 No. 78

(3)

O.J. No. L31, 1.2.2002, p. 1. Under Article 3 of the EC Regulation “food law” extends to feed produced for, or fed to, food producing animals

(4)

S.I. 2000/2812

(5)

1972 c. 68. The enabling powers conferred by section 2(2) were extended by virtue of section 1 of the European Economic Area Act 1993 (c. 51)

(6)

1954 c. 33 (N.I.)

(7)

S.R. 1999 No. 296; the relevant amending Regulations are S.R. 2001 No. 209 and S.R. 2003 No. 287

(8)

O.J. No. L339, 24.12.2003, p. 78