The Feeding Stuffs (Scotland) Amendment Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Feeding Stuffs (Scotland) Regulations 2000 (S.S.I. 2000/453, as already amended).

These Regulations implement part of Article 1(7) and Article 4 of Directive 2001/46/EC of the European Parliament and of the Council amending Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition and Directives 70/524/EC, 96/25/EC and 1999/29/EC on animal nutrition (O.J. No. L 234, 1.9.2001, p.55). Article 4 repeals Article 12(3) and (4) of Council Directive 1999/29/EC on the undesirable substances and products in animal nutrition. Those provisions contained an obligation on a person in possession of feedingstuffs which contained undesirable substances to inform the competent authorities. This obligation is now provided for in Article 16a of Directive 95/53/EC as inserted by Article 1(7) of Directive 2001/46/EC.

These Regulations also provide for the enforcement of the following Community Regulations–

(a) Commission Regulation (EC) No. 1252/2002 concerning the provisional authorisation of a new additive in feedingstuffs (O.J. No. L 183, 12.7.2002, p.10);

(b) Commission Regulation (EC) No. 1876/2002 concerning the provisional authorisation of a new use of an additive in feedingstuffs (O.J. No. L 284, 22.10.2002, p.7); and

(c) Commission Regulation (EC) No. 2188/2002 concerning the provisional authorisation of new uses of additives in feedingstuffs (O.J. No. L 333, 10.12.2002, p.5).

These Regulations–

(a) amend the Feeding Stuffs (Scotland) Regulations 2000 by–

(i) inserting into regulation 2 a definition of the term “the Enforcement Directive” (regulation 3);

(ii) imposing on those responsible for establishments producing products for animal nutrition an obligation to notify the Food Standards Agency and the relevant local authority, and supply them with specified information as provided for in Article 16a of Council Directive 95/53, if they have evidence that feed materials which they have imported or put into circulation contain certain undesirable substances at levels above the maximum ones prescribed (regulation 4); and

(iii) adding 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 Part IX of the Table to Schedule 3, and making a consequential amendment to the footnote to Part VII of that Table (regulation 5 and the Schedule); and

(b) also make consequential amendments to the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 in order to update the definition of Council Directive 95/53 in those Regulations (regulation 6).

A Regulatory Impact Assessment, which includes a compliance cost assessment of the effect which these Regulations would 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.