The Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (Wales) Regulations 2003

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

6.  Immediately after regulation 6 there shall be inserted the following regulation —

“Modification of the Agriculture Act 1970 and of these Regulations as regards analysis of samples of feeding stuffs and feed materials to determine levels of dioxins and dioxin-like PCBs

6A.   For the purpose of determining whether dioxins or dioxin-like PCBs are present or active in a sample of a feeding stuff to be analysed pursuant to the Act or of a feed material to be analysed pursuant to Directive 2002/70/EC and if they are what quantity or proportion of dioxins or dioxin-like PCBs are present or active in such a sample —

(a) Part IV of the Act shall have effect as if —

(i) in section 66(1), immediately after the definition of “pet animal” there were inserted the following definition —

“point 4 compliant laboratory” means a laboratory which complies with point 4 of Annex II to Commission Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feeding stuffs;”,

(ii) in section 77(1)(a), for the words “the agricultural analyst for the inspector’s area” there were substituted the words “a point 4 compliant laboratory”,

(iii) in each of sections 77(3) and 78(5), for the words “the agricultural analyst” there were substituted the words “a point 4 compliant laboratory”,

(iv) in section 77(4), for the words “The agricultural analyst shall analyse the part of a sample which is sent to him” there were substituted the words “A point 4 complaint laboratory shall analyse the part of a sample which is sent to it”,

(v) section 77(5) were omitted,

(vi) in section 78(3), for the words “agricultural analyst's”, in both places where they appear, there were substituted the words “point 4 compliant laboratory's”,

(vii) for section 79(4) and (5) there were substituted the following subsections -

“(4) Any analysis required to be made by a point 4 compliant laboratory or the Government Chemist may be made by any person acting under the directions of an analyst at that laboratory or, as the case may be, of the Government Chemist.

(5) A certificate of analysis by an analyst at a point 4 compliant laboratory shall be signed by that analyst and a certificate of analysis by the Government Chemist shall be signed by him or a person authorised by him to sign the certificate.”, and

(viii) in section 79(6), for the words “an agricultural analyst” there were substituted the words “an analyst at a point 4 compliant laboratory”;

(b) Part I of Schedule 3 shall have effect as if in the certificate set out there for the words “agricultural analyst for” there were substituted the words “analyst at the”; and

(c) Part II of Schedule 3 shall have effect as if in note (2) for the words “local authority” there were substituted the word “laboratory”.”