The Feeding Stuffs (Wales) (Amendment) Regulations 2006

Explanatory Note

(This note is not part of the Order)

1.  These Regulations amend the Feeding Stuffs (Wales) Regulations 2006 (SI 2006/116 (W.14)) (“the 2006 Regulations”) by inserting into them a provision requiring the percentage of each feed material contained in a compound feed to be declared, within a tolerance of ±15%, on the label of the compound feed or on an accompanying document, (regulation 2(2)). This provision was formerly contained in the Feeding Stuffs (Wales) Regulations 2001 (SI 2001/343 (W.15)) as amended by SI 2003/1850 (W.200) (“the 2001 Regulations”) (regulation 3).

2.  These Regulations also revoke a provision in the 2001 Regulations requiring the exact percentage of each feed material in a compound feed to be disclosed to customers on request (regulation 4).

3.  The provisions of the 2001 Regulations referred to in paragraphs 1 and 2 above implemented, in relation to Wales, Article 1.4 and Article 1.1(b) respectively of Directive 2002/2/EC of the European Parliament and of the Council amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs (OJ No. L63, 6.3.2002, p.23).

4.  Following implementation, the provisions were suspended by order of the High Court pending the outcome of a referral to the European Court of Justice (ECJ). During the period of suspension, all of the 2001 Regulations other than the suspended provisions were revoked and replaced by the 2006 Regulations.

5.  In response to the referral the ECJ has now ruled that Article 1.4 of Directive 2002/2/EC is legally valid, whereas Article 1.1(b) is not.

6.  A full regulatory impact assessment that this instrument will have on the costs of business has been prepared and placed in the Library of the National Assembly for Wales. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff CF10 1EW.