The Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (Scotland) Regulations 2000 No. 62

Regulation 4

SCHEDULE 2 REGULATIONS RELATING TO FEEDINGSTUFFS: CONSEQUENTIAL PROVISIONS

PART I Consequential modifications to the Feeding Stuffs Regulations 1995

1.  In the definition of “national list” in regulation 2(1), for the words “the Minister of Agriculture, Fisheries and Food” there is substituted the words “the Food Standards Agency”.

2.  In regulation 15(9) for the words “the Minister of Agriculture, Fisheries and Foods” there is substituted the words “the Food Standards Agency”.

PART II Consequential modifications to the Feeding Stuffs (Establishment and Intermediaries) Regulations 1999

1.—(1) In regulation 2(2)–

(a) after the definition of “additive” there is inserted the following definition–

““the Agency” means the Food Standards Agency;”; and

(b) the definition of “the Minister” is deleted.

2.—(1) In the provisions specified in sub-paragraph (2) below, for the words “the Minister”, “him” and “it” wherever they occur in each of those provisions, there is substituted the words “the Agency”, “it” and “the competent body” respectively.

(2) The provisions referred to in sub-paragraph (1) above are regulations 10, 17, 24 and 31.

3.—(1) In the provisions specified in sub-paragraph (2) below, for the words “the Minister”, wherever they occur in each of those provisions, there is substituted the words “the Agency”.

(2) The provisions referred to in sub-paragraph (1) above are regulations 33(1), 34(1), 34(2), 35(1), 35(3) and 35(5).

4.  In regulations 35(4) and 36(2), for the words “the Minister”, “he” and “him”, wherever they occur in each of those provisions, there is substituted the words “the Agency”, “it” and “it” respectively.

5.  In regulations 36(1) and 37(1) and (2), for the words “the Minister” and “he”, wherever they occur in each of those provisions, there is substituted the words “the Agency” and “it” respectively.

6.  For regulation 38 there is substituted–

“Obligation of competent bodies to supply certain information to the Food Standards Agency

38.   Where any competent body comes into possession of information which it considers will assist the Agency to exercise its functions under regulations 36 and 37, the competent body shall as soon as possible provide that information to the Agency in writing.”.

7.  In regulation 39, in the definitions of “approved third country establishment”, “eligible person” and “registered third country establishment”, for the words “the Minister”, wherever they occur in each of those definitions, there is substituted the words “the Agency”.

PART III Consequential modifications to the Feeding Stuffs (Enforcement) Regulations 1999 except in relation to zootechnical products (as referred to in section 29(2)(d) of the 1999 Act)

1.—(1) In regulation 2(1)–

(a) after the definition of “the Act” there is inserted the following definition–

““the Agency” means the Food Standards Agency;”; and

(b) the definition of “the Minister” is deleted.

2.—(1) In regulations 4(13) and 6(6), for the words “the Minister”, wherever they occur in each of those provisions, there is substituted the words “the Agency”.

3.  For regulation 14 there is substituted–

“14.   Every competent authority shall provide the Agency, in writing, such information as is available to it and will assist the Agency to comply with the requirements of Article 22 of Directive 95/53.”

PART IV Consequential modifications to the Animal Feedingstuffs from Belgium (Control) (Scotland) Regulations 2000

1.  In regulation 1(3) after the definition of “the Act” that is inserted–

““the Agency” means the Food Standards Agency;”.

2.—(1) In regulations 4(1), (2) and (4) and 5(1)(a), for the words “the Scottish Ministers” wherever they occur in each of those provisions, there is substituted the words “the Agency”.

3.  In regulation 4(4) for the words “as they may request” there is substituted the words “as it may request”.