Analysis for the purposes of sections 77(4) and 78(6) of the Agriculture Act 1970

11

For the purpose of the enforcement and administration of the Feeding Stuffs (Scotland) Regulations 2000, analysis in relation to a sample of a product which falls to be inspected pursuant to Directive 95/53 but is not–

a

a feeding stuff;

b

a premixture to which Part A or Part B of Commission Directive 2000/45/EC establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryptophan in feedingstuffs15 applies; or

c

a feed material to which Annex II to Commission Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin–like PCBs in feedingstuffs16 applies,

shall be treated as carried out in the prescribed manner for the purposes of sections 77(4) and 78(6) of the Act if–

i

where there is an applicable standard of the kind referred to in the first indent of Article 18.3 of Directive 95/53, analysis is carried out in accordance with that standard; and

ii

where there is no such standard, analysis is carried out in accordance with any scientifically valid method the application of which does not contravene any general principle of the Treaty establishing the European Community.

11A

For the purpose of the enforcement and administration of the Feeding Stuffs (Scotland) Regulations 2000, analysis in relation to a sample of a premixture to which Part A or Part B of Commission Directive 2000/45/EC establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryptophan in feedingstuffs applies, shall be treated as carried out in the prescribed manner for the purposes of sections 77(4) and 78(6) of the Act if it is carried out in accordance with whichever of those Parts is applicable in the case concerned.

11B

For the purpose of the enforcement and administration of the Feeding Stuffs (Scotland) Regulations 2000, analysis in relation to a sample of a feed material to which Annex II to Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin–like PCBs in feeding stuffs applies shall be treated as carried out in the prescribed manner for the purposes of sections 77(4) and 78(6) of the Act if it is carried out in accordance with the requirements specified in that Annex.