Statutory Rules of Northern Ireland
AGRICULTURE
Made
15th May 2001
Coming into operation
2nd July 2001
The Department of Health, Social Services and Public Safety acting in exercise of the powers conferred by sections 66(1), 74A, 75(1), 76(1), 77(4), 78(6), 79(1), (2) and (9), 84 and 86 of the Agriculture Act 1970(1) (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) Regulations (Northern Ireland) 2000(2)) and of all other powers enabling it in that behalf, after consultation with such persons or organisations as appear to it to represent the interests concerned, and being a Department designated(3) for the purposes of section 2(2) of the European Communities Act 1972(4) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by that section (in so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above), and of all other powers enabling it in that behalf, hereby makes the following Regulations:
1.—(1) These Regulations may be cited as the Feeding Stuffs (Sampling and Analysis) (Amendment) Regulations (Northern Ireland) 2001, and shall come into operation on 2nd July 2001.
(2) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
2. The Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999(6) shall be amended in accordance with regulations 3 and 4.
3. In regulation 5 (Application of methods of analysis)—
(a)in paragraph (1), after the words “pursuant to the Act,” there shall be added the words “or, in the cases of the substances vitamin A and vitamin E, in a sample of a premixture to be analysed pursuant to Commission Directive 2000/45/EC establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryptophan in feedingstuff,”(7); and
(b)in paragraph (2) sub-paragraph (c) shall be deleted.
4. Annex I to Part II of Schedule 2 shall be amended as follows—
(a)after the entry for Theobromine there shall be added in columns 1 to 3 the following entry:
| “Tryptophan | Part C of the Annex to Directive 2000/45/EC | O.J. No. L174, 13.7.2000, p. 32.”; |
(b)for the provisions in columns 2 and 3 relating to the entry for Vitamin A there shall be substituted the following provisions:
| “Part A of the Annex to Directive 2000/45/EC | O.J. No. L174, 13.7.2000, p. 32.”; |
and
(c)after the entry for Vitamin A there shall be added in columns 1 to 3 the following entry:
| “Vitamin E | Part B of the Annex to Directive 2000/45/EC | O.J. No. L174, 13.7.2000, p. 32.”. |
5. In the Feeding Stuffs Regulations (Northern Ireland) 2001(8), regulation 26, paragraph (b) of regulation 27 and sub-paragraph (c)(i) of that regulation shall be deleted.
6. The Feeding Stuffs (Establishments and Intermediaries) Regulations 1999(9) shall be amended as follows—
(a)in each of the following provisions, that is to say regulations 98(8) and (9), 99 and 106(1), after the words “the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999”, wherever they occur, there shall be inserted the words “, as modified by the Feeding Stuffs Regulations (Northern Ireland) 2001 and amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) Regulations (Northern Ireland) 2001,” and
(b)in regulation 106(2) sub-paragraph (c) shall be deleted.
7. The Feeding Stuffs (Enforcement) Regulations 1999(10) shall be amended as follows—
(a)in regulation 8, after the words “the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999” there shall be added the words “as modified by the Feeding Stuffs Regulations (Northern Ireland) 2001 and amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) Regulations (Northern Ireland) 2001”;
(b)in regulation 10, in the modification of section 76(8), (9) and (10) of the Agriculture Act 1970, after the words “the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999” there shall be inserted the words “as modified by the Feeding Stuffs Regulations (Northern Ireland) 2001 and amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) Regulations (Northern Ireland) 2001”; and
(c)in regulation 11 for the words “not a feeding stuff” there shall be substituted the words “neither a feeding stuff, nor a premixture to which Part A or Part B of Commission Directive 2000/45/EC establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryptophan in feedingstuffs applies”.
8. The Feeding Stuffs (Enforcement) Regulations 1999 shall be amended by the insertion, after regulation 11, of the following regulation—
“11A. For the purposes of sections 77(4) and 78(6) of the Act, analysis shall (as specified in regulation 7) be treated as carried out in the prescribed manner, in relation to a sample of a premixture to which Part A or Part B of Commission Directive 2000/45/EC establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryptophan in feedingstuffs applies, if analysis is carried out in accordance with whichever of those Parts is applicable in the case concerned.”.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 15th May 2001.
L.S.
W. B. Smith
A Senior Officer of the
Department of Health, Social Services and Public Safety
(This note is not part of the Regulations.)
These Regulations amend the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999 and implement Commission Directive 2000/45/EC establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryptophan in feedingstuffs (O.J. No. L174, 13.7.2000, p. 32).
The Regulations—
(a)amend the 1999 Regulations by prescribing a revised method of analysis for the determination of vitamin A, and new methods for the determination of vitamin E and tryptophan, in feeding stuffs, and in the cases of vitamins A and E, in premixtures (regulation 4), and
(b)make minor and consequential amendments to those Regulations, the Feeding Stuffs Regulations (Northern Ireland) 2001, the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 and the Feeding Stuffs (Enforcement) Regulations 1999 (regulations 3 and 5-8).
1970 c. 40; section 74A was inserted by the European Communities Act 1972, c. 68, section 4(1) and Schedule 4, paragraph 6, and the Act was amended by the Agriculture Act 1970 Amendment Regulations 1982 (S.I. 1982/980)
S.I. 1972/1811
S.R. 1999 No. 296. Modified by S.R. 2001 No. 47
The reference for Directive 2000/45/EC is O.J. No. L174, 13.7.2000, p. 32
S.I. 1999/1872. Modified by S.R. 2001 No. 47
S.I. 1999/2325. Modified by S.R. 2001 No. 47