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The Feeding Stuffs (Miscellaneous Amendments) (Scotland) Regulations 2003

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Amendment of the Feeding Stuffs (Enforcement) Regulations 1999

12.  In regulation 10 (modification of section 76 of the Agriculture Act 1970)–

(a)the words “(as specified in regulation 7)” shall be omitted;

(b)for the modified versions of section 76(8), (9) and (10) of the Agriculture Act 1970 which are set out in that regulation, there shall be substituted–

(8) Subject to subsections (9), (10) and (12) of this section, an inspector entering premises by virtue of this section, or of a warrant issued under it, shall have the right to take on those premises a sample of any material appearing to that inspector to be a controlled product other than relevant material as described in subsection (7) of this section, in the like manner as that prescribed in Part II of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999.

(8A) For the purposes of this Part of this Act, a sample taken in accordance with subsection (8) of this section shall be deemed to be taken in the prescribed manner.

(9) For the purposes of subsection (8) and (10) of this section, the provisions of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 shall have effect as if, for all references in those provisions to “feeding stuff” or to “feeding stuffs”, there were substituted references to “controlled product other than a feeding stuff” or to “controlled products other than feeding stuffs” respectively.

(10) The requirements specified in Part II, as regards preparation of samples, and in Part III of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 shall apply in relation to samples taken pursuant to subsection (8) of this section.; and

(c)for the modified version of subsection (17) of section 76 of the Agriculture Act 1970 which is set out in that regulation, there shall be substituted–

(17) In this section–

“compound feeding stuff” has the meaning given in regulation 2(1) of the Feeding Stuffs (Scotland) Regulations 2000;

“controlled product” means any feeding stuff, substance or product which is subject to any of the controls contained in the Feeding Stuffs (Scotland) Regulations 2000, as read with this Part of this Act, or in sections 73 or 73A of this Act;

“feeding stuff which is intended for a particular nutritional purpose” shall be construed in accordance with the definitions of “feeding stuff intended for a particular nutritional purpose” and “particular nutritional purpose” in regulation 2(1) of the Feeding Stuffs (Scotland) Regulations 2000;

“premises” include any land, vehicle, vessel, aircraft or hovercraft; and

“put into circulation” means sell or otherwise supply, or have in possession with a view to selling or otherwise supplying..

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