Search Legislation

The Official Feed and Food Controls (England) Regulations 2005

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Regulation 2(1)

SCHEDULE 1DEFINITIONS OF COMMUNITY LEGISLATION

  • “Regulation 178/2002” means 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(1) as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 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);

  • “Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs(3);

  • “Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(4) as read with Directive 2004/41;

  • “Regulation 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(5); and

  • “Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC(6).

Regulation 2(1)

SCHEDULE 2DEFINITION OF RELEVANT FEED LAW

“relevant feed law” means —

(a)Part IV of the Agriculture Act 1970(7) in so far as it applies in relation to feeding stuffs;

(b)the Feeding Stuffs (Sampling and Analysis) Regulations 1999(8);

(c)the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999(9);

(d)the Feeding Stuffs (Enforcement) Regulations 1999(10) except in so far as they involve the checking of products for compliance with any Community provision covered by the first indent of Article 2.1(a) of Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition(11) as last amended by Directive 2001/46/EC(12), in so far as that Community provision is implemented in the Feedingstuffs (Zootechnical Products) Regulations 1999(13);

(e)the Feeding Stuffs Regulations 2000(14);

(f)the Genetically Modified Animal Feed (England) Regulations 2004(15);

(g)the Feeding Stuffs (Safety Requirements for Feed for Food–Producing Animals) Regulations 2000(16); and

(h)the Food Hygiene (England) Regulations 2005 in so far as they apply in relation to feed(17).

Regulation 2(1)

SCHEDULE 3DEFINITION OF RELEVANT FOOD LAW

“relevant food law” means —

(a)food law in so far as it applies in relation to food, except in so far as it involves —

(i)the regulation of residues of veterinary medicines and other substances under the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997(18),

(ii)the regulation of residues of pesticides under the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999(19),

(iii)the application of the rules laid down for the protection of designations of origin and geographical indications of agricultural products and foodstuffs in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(20) as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded(21),

(iv)the application of the rules laid down for Community certificates of specific character which may be obtained for certain agricultural products and foodstuffs in Council Regulation (EEC) No. 2082/92 on certificates of specific character for agricultural products and foodstuffs(22)as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded,

(v)the regulation of organic products under the Organic Products (Imports from Third Countries) Regulations 2003(23) and the Organic Products Regulations 2004(24),

(vi)the regulation of beef labelling under the Beef Labelling (Enforcement) (England) Regulations 2000(25), and

(vii)the regulation of the import of and trade in products of animal origin —

(aa)under the Products of Animal Origin (Import and Export) Regulations 1996(26), with the exception of the execution and enforcement of regulation 3 thereof by the Agency, and

(bb)under the Products of Animal Origin (Third Country Imports) (England) (No. 4) Regulations 2004(27), with the exception of the execution and enforcement of regulation 5 thereof by the Agency;

(b)food law in so far as it applies in relation to materials and articles in contact with food except in so far as it involves the regulation of food contact materials under the Ceramic Ware (Safety) Regulations 1988(28); and

(c)food law in so far as it involves the regulation of primary production and those associated operations listed in paragraph 1 of Part AI of Annex I to Regulation 852/2004 under the Food Hygiene (England) Regulations 2005.

Regulation 3(1)

SCHEDULE 4COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FEED LAW

Column 1

Competent authority

Column 2

Provisions of Regulation 882/2004

The AgencyArticles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12, 19(1), (2) and (3), 24, 31(1) and (2)(f), 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54
The feed authorityArticles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 16(1) and (2), 18, 19(1) and (2), 20, 21, 22, 24, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54

Regulation 3(3)

SCHEDULE 5COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FOOD LAW

Column 1

Competent authority

Column 2

Provisions of Regulation 882/2004

The AgencyArticles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12, 14, 19(1), (2) and (3), 24, 31(1) and (2), 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54
The food authorityArticles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 16(1) and (2), 18, 19(1) and (2), 20, 21, 22, 24, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54

Regulation 48

SCHEDULE 6REVOCATIONS

PART 1REVOCATION OF INSTRUMENTS THAT APPLY IN RELATION TO ENGLAND AND OTHER PARTS OF GREAT BRITAIN

Column 1

Instruments

Column 2

Reference

Column 3

Extent of revocation

The Arsenic in Food Regulations 1959S.I. 1959/831Regulation 6(a)
The Mineral Hydrocarbons in Food Regulations 1966S.I. 1966/1073Regulation 10(a)
The Erucic Acid in Food Regulations 1977S.I. 1977/691Regulation 6(a)
The Chloroform in Food Regulations 1980S.I. 1980/36Regulation 7(a)
The Caseins and Caseinates Regulations 1985S.I. 1985/2026Regulation 11(a)
The Imported Food Regulations 1984S.I. 1984/1918The whole Regulations
The Food (Control of Irradiation) Regulations 1990S.I. 1990/2490Regulation 8
The Food Safety (Exports) Regulations 1991S.I. 1991/1476The whole Regulations
The Flavourings in Food Regulations 1992S.I. 1992/1971Regulation 8
The Food Additives Labelling Regulations 1992S.I. 1992/1978Regulation 6
The Extraction Solvents in Food Regulations 1993S.I. 1993/1658Regulation 6
The Infant Formula and Follow–on Formula Regulations 1995S.I. 1995/77Regulations 5(2) and 6(2)
The Sweeteners in Food Regulations 1995S.I. 1995/3123Regulation 8
The Colours in Food Regulations 1995S.I. 1995/3124Regulation 10
The Miscellaneous Food Additives Regulations 1995S.I. 1995/3187Regulation 8
The Food Labelling Regulations 1996S.I. 1996/1499Regulation 47
The Imported Food Regulations 1997S.I. 1997/2537The whole Regulations
The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997S.I. 1997/1729Regulation 29
The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997S.I. 1997/2182Regulation 8
The Bread and Flour Regulations 1998S.I. 1998/141Regulation 9
The Plastic Materials and Articles in Contact with Food Regulations 1998S.I. 1998/1376Regulation 3(2)
The Drinking Milk Regulations 1998S.I. 1998/2424Regulation 7
The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999S.I. 1999/1540Regulation 18(1) and (3)

PART 2REVOCATION OF INSTRUMENTS THAT APPLY IN RELATION TO ENGLAND ONLY

Column 1

Instruments

Column 2

Reference

Column 3

Extent of revocation

The Spreadable Fats (Marketing Standards) (England) Regulations 1999S.I. 1999/2457Regulation 7
The Medical Food (England) Regulations 2000S.I. 2000/845Regulation 6
The Coffee Extracts and Chicory Extracts (England) Regulations 2000S.I. 2000/3323Regulation 9
The Food For Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2002S.I. 2002/1817Regulation 8
The Food Supplements (England) Regulations 2003S.I. 2003/1387Regulation 10
The Specified Sugar Products (England) Regulations 2003S.I. 2003/1563Regulation 8
The Fruit Juices and Fruit Nectars (England) Regulations 2003S.I. 2003/1564Regulation 8
The Condensed Milk and Dried Milk (England) Regulations 2003S.I. 2003/1596Regulation 8
The Cocoa and Chocolate Products (England) Regulations 2003S.I. 2003/1659Regulation 9
The Meat Products (England) Regulations 2003S.I. 2003/2075Regulation 10(b)
The Honey (England) Regulations 2003S.I. 2003/2243Regulation 8
The Jam and Similar Products (England) Regulations 2003S.I. 2003/3120Regulation 8
The Processed Cereal–based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003S.I. 2003/3207Regulation 11
The Contaminants in Food (England) Regulations 2004S.I. 2004/3062Regulation 6
The Food with Added Phytosterols or Phytostanols (Labelling) (England) Regulations 2004S.I. 2004/3344Regulation 9
The Materials and Articles in Contact with Food (England) Regulations 2005S.I. 2005/898Regulation 10(3)
(1)

OJ No. L31, 1.2.2002, p.1.

(2)

OJ No. L245, 29.9.2003, p.4.

(3)

OJ No. L139, 30.4.2004, p.1. The revised text of Regulation (EC) No. 852/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.3).

(4)

OJ No. L139, 30.4.2004, p.55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.22).

(5)

OJ No. L165, 30.4.2004, p.1. The revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum (OJ No. L191, 28.5.2004, p.1).

(6)

OJ No. L157, 30.4.2004, p.33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (OJ No. L195, 2.6.2004, p.12).

(8)

S.I. 1999/1663, amended by S.I. 2001/541, S.I. 2002/892, S.I. 2003/1296, S.I. 2003/1503, S.I. 2003/2912, S.I. 2004/1301, S.I. 2004/2146 and S.I. 2004/2688.

(9)

S.I. 1999/1872, amended by S.I. 2001/541, S.I. 2002/892, S.I. 2003/1026, S.I. 2003/1296 and S.I. 2005/557.

(10)

S.I. 1999/2325, amended by S.I. 2001/541, S.I. 2001/3389, S.I. 2002/892, S.I. 2003/1026, S.I. 2003/1296, S.I. 2003/1503, S.I. 2003/2912, S.I. 2004/1301 and S.I. 2004/2688.

(11)

OJ No. L265, 8.11.95, p.17.

(12)

OJ No. L234, 1.9.2001, p.55.

(13)

S.I. 1999/1871.

(14)

S.I. 2000/2481, amended by S.I. 2001/541, S.I. 2001/3389, S.I. 2002/892, S.I. 2003/1026, S.I. 2003/1503, S.I. 2003/2912, S.I. 2004/1301 and S.I. 2004/2688.

(15)

S.I. 2004/2334.

(16)

S.I. 2004/3254.

(17)

S.I. 2005/2059.

(18)

S.I. 1997/1729, amended by S.I. 2001/3590 and S.I. 2004/147.

(20)

OJ No. L208, 24.7.92, p.1.

(21)

OJ No. L236, 23.9.2003, p.346.

(22)

OJ No. L208, 24.7.92, p.9.

(23)

S.I. 2003/2821.

(24)

S.I. 2004/1604, amended by S.I. 2005/2003.

(25)

S.I. 2000/3047, amended by S.I. 2002/2315.

(26)

S.I. 1996/3124, amended by S.I. 1997/3023, S.I. 1998/994, S.I. 1999/683, S.I. 2000/225, S.I. 2000/656, S.I. 2000/790, S.I. 2000/2215, S.I. 2001/1553, S.I. 2001/1640, S.I. 2001/3399, S.I. 2002/889, S.I. 2003/3003 and S.I. 2003/3177.

(27)

S.I. 2004/3388.

(28)

S.I. 1988/1647.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources