The Feeding Stuffs Amendment (Scotland) Regulations 2002

Explanatory Note

(This Note is not part of the Regulations)

These Regulations amend the Feeding Stuffs (Scotland) Regulations 2000 (“the principal Regulations”). These Regulations extend to Scotland only.

These Regulations implement–

(a) Commission Directive 2001/79/EC amending Council Directive 87/153/EEC fixing guidelines for the assessment of additives in animal nutrition (O.J. No. L 267, 6.10.01, p.1);

(b) Council Directive 2001/102/EC amending Directive 1999/29/EC on the undesirable substances and products in animal nutrition (O.J. No. L 6, 10.1.02, p.45); and

(c) Commission Directive 2002/1/EC amending Directive 94/39/EC as regards animal feedingstuffs for the support of liver function in case of chronic liver insufficiency (O.J. No. L 5, 9.1.02, p.8).

These Regulations also provide for the enforcement of the following Commission Regulations:–

(a) Commission Regulation (EC) No. 2013/2001 concerning the provisional authorisation of a new additive use and the permanent authorisation of an additive in feedingstuffs (O.J. L 272, 13.10.01, p.24);

(b) Commission Regulation (EC) No. 2200/2001 concerning provisional authorisation of additives in feedingstuffs (O.J. No. L 299, 15.11.01, p.1); and

(c) Commission Regulation (EC) No. 256/2002 concerning the provisional authorisation of an additive and the permanent authorisation of an additive in feedingstuffs (O.J. No. L 41, 13.2.02, p.6).

These Regulations–

(a) modify regulation 11 of the principal Regulations which specify the requirements for a dossier submitted in relation to the assessment of feed additives for which marketing authorisation has been sought by providing that EC legislation referred to (in this case in the definition of “the Dossiers Directive” in regulation 2(1) of the principal Regulations) is referred to as amended at the date these Regulations are made (regulation 3);

(b) modify the provisions of the principal Regulations which provide for the enforcement of the provisions of those Regulations which are made under the European Communities Act 1972 (regulation 5);

(c) add three new Commission Regulations to the list of Commission Regulations under which authorisation for the marketing of feed additives has been granted which is contained in Schedule 3 to the principal Regulations (regulation 7 and Schedule 1);

(d) modify the controls in the principal Regulations regulating the presence of undesirable substances in animal feed by specifying new maximum levels for Dioxin in feed (regulation 9 and Schedule 2);

(e) modify the provisions of the principal Regulations regulating dietetic feeds as regards the required nutritional characteristics and labelling of feeds intended for the support of liver function in case of chronic liver insufficiency in dogs or cats (regulation 11 and Schedule 3);

(f) make amendments to the principal Regulations to correct minor errors in them (regulations 4, 8 and 10); and

(g) make consequential amendments to the principal Regulations and to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 and the Feeding Stuffs (Enforcement) Regulations 1999 (regulations 6, 12 and 13).

A Regulatory Impact Assessment, which includes a compliance cost assessment of the effect which these Regulations are likely to have on business costs has been prepared for these Regulations and has been placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.