Explanatory Note
(This note is not part of the Regulations)
1. These Regulations make further amendments to the Feeding Stuffs (Wales) Regulations 2006 (SI 2006/116 (W.14) as already amended by S.I. 2006/617 (W.69) and S.I. 2006/2928 (W.263) (“the Feeding Stuffs Regulations”), and also amend the Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368 (W.265) (“the Feed Hygiene Regulations”).
2. These Regulations provide for the implementation of the following EC Directives—
(a)Commission Directive 2005/86/EC amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed as regards camphechlor (OJ No. L318, 6.12.2005, p.16);
(b)Commission Directive 2005/87/EC amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed as regards lead, fluorine and cadmium (OJ No. L318, 6.12.2005, p.19); and
(c)Commission Directive 2006/13/EC amending Annexes I and II to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed as regards dioxins and dioxin-like PCBs (OJ No. L32, 4.2.2006, p.44).
3. The Regulations also implement a provision contained in Council Directive 79/373/EEC on the circulation of compound feedingstuffs (OJ No. L86, 6.4.1979, p30), as last amended by Council Regulation (EC) No. 807/2003 (OJ No. L122, 16.5.2003, p.36). This provision relates to the limits of variation for the declaration of the moisture content of compound pet foods.
4. The Regulations amend the Feeding Stuffs Regulations —
(a)in Part B of Schedule 4 by inserting limits of variation for declarations of the moisture content of compound pet foods (regulation 2(2) and Schedule 1);
(b)in Chapter A of Schedule 5 by amending the existing entries for cadmium, dioxin, fluorine and lead, and by adding new entries relating to the sum of dioxins and dioxin-like PCBs (regulation 2(3) and Part 1 of Schedule 2 to these Regulations); and
(c)in Chapter D of Schedule 5 by amending the existing entries for camphechlor (toxaphene) (regulation 2(4) and Part 2 of Schedule 2 to these Regulations).
5. The Regulations amend the Feed Hygiene Regulations —
(a)by inserting a new regulation 24A to give authorised officers of a feed authority powers of entry, sampling, inspection and associated activities in order to carry out the investigative functions required by Directive 2002/32/EC as amended by Commission Directive 2006/13/EC (regulation 3(2)); and
(b)by amending regulation 27(4) (which deals with disclosure of information related to sampling) so as to extend its application to sampling conducted under regulation 24A (regulation 3(3)).
6. A full regulatory appraisal of the effect 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.