The Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (Scotland) Revocation Regulations 2007

Scottish Statutory Instruments

2007 No. 493

AGRICULTURE

The Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (Scotland) Revocation Regulations 2007

Made

1st November 2007

Laid before the Scottish Parliament

2nd November 2007

Coming into force

30th November 2007

The Scottish Ministers make the following Regulations, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and all other powers enabling them to do so.

There has been consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(2).

Citation and commencement

1.  These Regulations may be cited as the Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (Scotland) Revocation Regulations 2007 and shall come into force on 30th November 2007.

Revocation

2.  The Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (Scotland) Regulations 2005(3) are revoked.

Consequential amendments to the Genetically Modified Animal Feed (Scotland) Regulations 2004

3.  In regulation 8 (inspection, detention and seizure of suspect animal feed) of the Genetically Modified Animal Feed (Scotland) Regulations 2004(4) paragraphs (7A) and (7B) are omitted.

Consequential amendment of the Official Feed and Food Controls (Scotland) Regulations 2005

4.  In Schedule 2 (definition of relevant feed law) of the Official Feed and Food Controls (Scotland) Regulations 2005(5), paragraph (f) is omitted.

SHONA ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

1st November 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke the Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (Scotland) Regulations 2005 and make consequential amendments to The Genetically Modified Animal Feed (Scotland) Regulations and the Official Feed and Food Controls (Scotland) Regulations 2005 (S.S.I. 2005/616).

The Regulations implement Commission Decision 2007/157/EC repealing Decision 2005/317/EC on emergency measures regarding the non-authorised genetically modified organism Bt10 in maize products (O.J. No. L 68, 8.3.2007, p.8).

No regulatory impact assessment has been prepared in relation to these Regulations.

(1)

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46) (“the 1998 Act”), Schedule 8, paragraph 15(3) and the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1). The function conferred on a Minister of the Crown under section 2(2) of the 1972 Act, so far as exercisable within devolved competence, was transferred to the Scottish Ministers by section 53 of the 1998 Act. In so far as not so transferred and in so far as relating to food (including drink) including the primary production of food, that function was transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).

(2)

O.J. No. L 31, 1.2.02, p.1 as amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L 245, 29.9.03, p.4) and Commission Regulation (EC) No. 575/2006 (O.J. No. L 100, 8.4.06, p.3).

(3)

S.S.I. 2005/246.

(4)

S.S.I. 2004/433, amended by S.S.I. 2005/246.

(5)

S.S.I. 2005/616, amended by S.S.I. 2006/3.