Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, amend the Feeding Stuffs (Scotland) Regulations 2000 and the Feeding Stuffs (Enforcement) Regulations 1999.

The Regulations implement–

The Regulations provide enforcement of the following European Community Regulations–

(a)Commission Regulation (EC) 418/2001 concerning the authorisation of new additives and uses of additives in feeding stuffs (O.J. No. L 62, 2.3.2001, p.3); and

(b)Commission Regulation (EC) 937/2001 concerning authorisation of new additive uses, new additive preparation, the prolongation of provisional authorisations, and the ten year authorisation of an additive in feeding stuffs (O.J. No. L 130, 12.5.01, p.25).

In particular the Regulations–

(a)extend the controls on sale and possession with a view to sale of compound feeding stuffs to cover supply other than sale, and possession with a view to such supply by replacing the references to “marketing” and “sold” with “put into circulation” (regulations 4, 5, 6, 12, 13, 17(a), (f), (g), (i), (j) and (k);

(b)add prohibitions on the importation, supply, possession with a view to such supply and use of feed materials harmful to animals, to humans consuming products of such animals, or are deleterious to the environment (regulation 7);

(c)amend the list of materials prohibited for use in compound materials, and widen the definition of “sludge from sewage plants treating waste waters” to include waste from various phases of urban, domestic and industrial waste water treatment processes (regulation 11);

(d)require that compound foods be labelled to include the approval or registration number of the establishment manufacturing the food in the relevant statutory statement (regulation 17); and

(e)include various labelling requirements for food materials derived from certain waste products (regulation 17).

The Regulations make some minor amendments to update definition of European Economic Community to European Community (“EC”) to extend the regulations to cover the definition of European Economic Area (EEA) establishments (regulations 3, 8, 10 and 18).

The Regulations make some further minor amendments to include references and terms such as “additives” (regulation 9); and other minor amendments and technical amendments in the Schedules of the Feeding Stuffs (Scotland) Regulations 2000 (regulations 14, 15, 16, 19 and 20).

There are also minor amendments to the Feeding Stuffs (Enforcement) Regulations 1999 (S.I. 1999/2325) (regulation 21).

A Regulatory Impact Assessment has been prepared in respect of the new regulations and a copy placed in the Scottish Parliament Information Centre. Further copies can be obtained on request from the Food Standards Agency Scotland, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ.