The Feeding Stuffs (Scotland) Amendment Regulations 2003

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Feeding Stuffs (Scotland) Amendment Regulations 2003 and shall come into force on 1st May 2003.

(2) These Regulations shall extend to Scotland only.

Amendment of the Feeding Stuffs (Scotland) Regulations 2000

2.  The Feeding Stuffs (Scotland) Regulations 2000(1) shall be amended in accordance with regulations 3 to 5.

3.  In regulation 2(1) (interpretation), after the definition of “energy value” there shall be inserted–

““the Enforcement Directive” means Council Directive 95/53/EC fixing the principles governing the organization of official inspections in the field of animal nutrition(2) as amended by Council Directive 1999/20/EC(3), Directive 2000/77/EC of the European Parliament and of the Council(4) and Directive 2001/46/EC of the European Parliament and of the Council(5);”.

4.  In regulation 14 (control of feeding stuffs and feed materials containing undesirable substances), for paragraph (9) there shall be substituted–

“(9) Where a person to whom the first paragraph of Article 16a of the Enforcement Directive applies has evidence that any feed material specified in column 2 of Chapter A of Part II of Schedule 7, which that person has brought into Scotland from a third country or put into circulation and which that person holds or owns, contains any substance specified in column 1 of that Chapter in excess of the level specified in relation to it in column 3 of that Chapter, that person shall–

(a) notify the Agency and the authority which, by virtue of section 67(2), has the duty to enforce Part IV of the Act in relation to the feed material concerned; and

(b) supply them with the information specified in the second paragraph of Article 16a of the Enforcement Directive.”.

5.  In Schedule 3 (permitted additives and provisions relating to their use)–

(a) for the footnote to Part VII of the Table (permitted preservatives) there shall be substituted–

“(a) Note also that (as referred to in Part IX of this Table) one preservative is permitted by virtue of Commission Regulation (EC) No. 1594/1999(6) and one is permitted by virtue of Commission Regulation (EC) No. 1252/2002(7).”; and

(b) for the provisions in Part IX of the Table (European Community Regulations by which additives are controlled) there shall be substituted the provisions set out in the Schedule to these Regulations.

Amendment of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999

6.  In regulation 2(2) (definition of “feedingstuff” and related definitions and general interpretation) of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999(8), at the end of the definition of “Directive 95/53” there shall be added “, Directive 2000/77/EC of the European Parliament and of the Council and Directive 2001/46/EC of the European Parliament and of the Council”.

MARY MULLIGAN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

25th February 2003