The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No. 2) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations, which apply in relation to Wales only, further amend the Feeding Stuffs (Wales) Regulations 2001 (SI 2001/343 (W.15), as already amended), “the 2001 Regulations”, which apply in relation to Wales only.

2.  These Regulations implement Commission Directive 2003/100/EC (OJ No. L285, 01.11.2003, p.33) amending Directive 2002/32/EC of the European Parliament and of the Council (OJ No. L140, 30.05.2002, p.15) on undesirable substances in animal feed, and also implement Commission Decision 2004/217/EC (OJ No. L067, 05.03.2004, p.31) adopting a list of materials whose circulation or use for animal nutrition purposes is prohibited.

3.  Regulation 2 of these Regulations amends the 2001 Regulations by—

(a) requiring that analysis indicating the level of inorganic arsenic in certain feeding stuffs or feed materials must be provided on request to the competent authority, (paragraph (2));

(b) making detailed amendments to the list of prohibited materials set out in regulation 13 of the 2001 Regulations, and extending to the circulation or use as feed materials the existing prohibition on the circulation or use in connection with compound feeding stuffs (paragraph (3));

(c) adding to Part IX of Schedule 3 eight new European Commission Regulations authorising new additives or new uses of certain additives in feeding stuffs, or as the case may be making permanent the existing provisional authorisation of an additive (paragraph (4));

(d) amending the prescribed limits for undesirable substances set out in Schedule 7 to the 2001 Regulations in respect of arsenic, fluorine, lead, aflatoxin B1, free gossypol and endosulphan (paragraph (5)).

4.  Regulations 3 to 5 also make consequential amendments to references to the Feeding Stuffs Regulations as they appear in various Regulations and in the Agriculture Act 1970.

5.  A Regulatory Appraisal of the effect these Regulations have on business costs has been prepared pursuant to section 65 of the Government of Wales Act 1998 and placed in the Library of National Assembly for Wales, together with a Transposition Note setting out how the main elements of Commission Directive 2003/57/EC and Commission Directive 2003/104/EC are transposed into domestic law by these Regulations. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Cardiff, CF10 1EW.