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PART 5Enforcement of Regulation 767/2009

Interpretation of this Part and Schedule 1

11.  In this Part and in Schedule 1 any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in Regulation 767/2009.

Offence of failing to comply with any specified provision of Regulation 767/2009

12.—(1) Subject to the transitional provisions contained in Article 32, any person who —

(a)fails to comply with the provisions of Regulation 767/2009 specified in Schedule 1; or

(b)places on the market or uses any feed that fails to comply with Article 6(1) or 8,

commits an offence.

(2) Where, pursuant to Article 17(2)(c), the name of a specific feed material may be replaced by the name of the category to which the feed material belongs, only the categories listed in the Annex to Directive 82/475 may be indicated.

Competent authorities for the purposes of Regulation 767/2009

13.—(1) DARD is the competent authority for the purposes of —

(a)Article 5(3), 13(1)(a) and 17(3) and Annex VII, Chapter 1, paragraph 8; and

(b)Article 13(1)(b) as the competent authority that may request scientific substantiation of the claim to whose attention purchasers have the right to bring doubts regarding the truthfulness of a claim.

(2) The Agency is the competent authority for the purposes of —

(a)Article 26(1)(b); and

(b)Article 13(1)(b) as the competent authority that may submit to the Commission doubts concerning the scientific substantiation of a claim.

(3) The Agency and DARD is a competent authority for the purposes of Article 5(2).