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

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations, which apply in relation to England only, amend the Feeding Stuffs (England) Regulations 2005 (“the 2005 Regulations”) and further amend the Feeding Stuffs (Sampling and Analysis) Regulations 1999 (“the 1999 Regulations”).

2.  The Regulations implement the following European Community legislation —

(a) Commission Directive 2005/6/EC (OJ No. L24, 27.1.2005, p.33) amending Directive 71/250/EEC as regards reporting and interpretation of analytical results required under Directive 2002/32/EC;

(b) Commission Directive 2002/7/EC (OJ No. L27, 29.1.2005, p.41) amending Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feedingstuffs; and

(c) Commission Directive 2002/8/EC (OJ No. L27, 29.1.2005, p.44) amending Annex 1 to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed.

3.  The Regulations also make consequential amendments to the 1999 Regulations to reflect the fact that as from 1.1.2006 the general obligation on Member States, formerly contained in Council Directive 95/53/EC, to ensure that sampling and analysis carried out in pursuit of official controls follows prescribed Community methods, is now given effect by Article 11 of 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 (OJ No. L191, 28.5.2004, p.1).

4.  Regulation 2 of these Regulations implements Commission Directive 2005/8/EC by amending Schedule 5 to the 2005 Regulations in respect of certain entries for lead, fluorine and mercury.

5.  In regulation 3 of these Regulations —

(a) paragraphs (2) and (5) implement Commission Directive 2005/7/EC in transposing by reference the amendments made by that Directive to Commission Directive 2002/70/EC;

(b) paragraph (3) makes the consequential amendments referred to in paragraph 3 above;

(c) paragraphs (4) and (6) implement Commission Directive 2005/6/EC by introducing new requirements regarding expanded measurement uncertainty and correction for recovery when analysing and reporting on the analysis of animal feed to determine the levels of undesirable substances.

6.  A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the library of each House of Parliament together with a transposition note setting out how the operative provisions of Commission Directives 2005/6, 2005/7 and 2005/8 are transposed into domestic law by these Regulations. Copies may be obtained from the Primary Production Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2 6NH.