The Feeding Stuffs (Scotland) Amendment and the Feeding Stuffs (Sampling and Analysis) Amendment (Scotland) Regulations 2006

Amendment of the Feeding Stuffs (Sampling and Analysis) Regulations 1999

3.—(1) The Feeding Stuffs (Sampling and Analysis) Regulations 1999(1) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 1 (title, commencement and interpretation), at the end of the definition of Directive 2002/70/EC, insert “as amended by Commission Directive 2005/7/EC(2)”.

(3) In regulation 6, for paragraph (4), substitute–

“(4) Where a sample of a feeding stuff is to be analysed pursuant to–

(a) section 75(1) (sample analysed at the request of the purchaser) of the Act, or

(b) section 78(1) (further analysis by Government Chemist) of the Act in so far as that subsection does not relate to official controls,

and neither paragraph (1) nor (3) applies, the analysis shall be carried out in the like manner as that prescribed by Article 11(1)(a) or as appropriate (b) of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure verification of compliance with feed and food law, animal health and animal welfare rules(3).”.

(4) In Schedule 2, Part I (general provisions), at the end, insert–

“4.   Assessment of compliance in analysis for undesirable substances

(a) Subject to paragraph (c), in the case of analysis to detect the presence of one or more of the undesirable substances listed in Schedule 5 to the Feeding Stuffs (Scotland) Regulations 2005(4) (“the Schedule”), a feeding stuff which has been sampled and analysed in accordance with these Regulations does not comply with the relevant prescribed limit or limits set out in the Schedule if, after taking into account expanded measurement uncertainty and correction for recovery in accordance with paragraph (b), the analytical result indicates the presence of an undesirable substance in excess of the maximum content specified for that substance in column 3 of the Schedule.

(b) In assessing compliance for the purposes of paragraph (a), the analysed concentration must be corrected for recovery and the expanded measurement uncertainty subtracted from the analytical result.

(c) The procedure set out in paragraphs (a) and (b) is only applicable in cases where the method of analysis makes it possible to estimate measurement uncertainty and correction for recovery. It is not possible, for example, in microscopic analysis.”.

(5) In Annex I to Part II (community methods of analysis) of Schedule 2 in relation to the entry regarding dioxins and dioxin like PCBs–

(a) in column 2, after “Annex II to Directive 2002/70/EC”, insert “(Point 2 of Annex I was replaced and point 2 of Annex II amended by Directive 2005/7/EC)”; and

(b) in column 3, opposite the words inserted by sub paragraph (a), insert “O.J. No. L 27, 29.1.05, p.41.”.

(6) In Schedule 3, Part II (notes for completion of certificate), in paragraph (8)–

(a) omit “and”, where it appears at the end of sub paragraph (b); and

(b) insert, at the end–

“; and

(d) in cases where Schedule 2, Part I, paragraph 4 is applicable, the result–

(i) corrected or uncorrected for recovery, the manner of reporting and the level of recovery being indicated;

(ii) expressed as “x ± U”, where x is the analytical result and U is the expanded measurement uncertainty, using a coverage factor of 2 to give a level of confidence of approximately 95%”.

(1)

S.I. 1999/1663, as amended by S.I. 1999/1871, S.S.I. 2000/453, 2001/104, 2002/285 and 2003/277.

(2)

O.J. No. L 27, 29.1.05, p.41.

(3)

O.J. No. L 139, 30.4.04, p.55. The revised text of Regulation 882/2004 is now set out in a Corrigendum (O.J. No. L 191, 28.5.04, p.1).

(4)

S.S.I. 2005/605.