The Feeding Stuffs (Miscellaneous Amendments) (Scotland) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, amend the Feeding Stuffs (Sampling and Analysis) Regulations 1999 (S.I. 1999/1663, as already amended), the Feeding Stuffs (Enforcement) Regulations 1999 (S.I. 1999/2325, as already amended) and the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 (S.I. 1999/1872, as already amended).

These Regulations implement Commission Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin–like PCBs in feeding stuffs (O.J. No. L 209, 6.8.2002, p.15).

These Regulations–

(a) amend the Feeding Stuffs (Sampling and Analysis) Regulations 1999 (“the 1999 Regulations”) by–

(i) inserting into regulation 1(2) a definition of the term “Directive 2002/70/EC” (regulation 3);

(ii) substituting a revised regulation 3, which makes the requirements as regards the prescribed manner of taking and handling samples, which previously applied only to samples of feeding stuffs, applicable also to feed materials to be sampled pursuant to Directive 2002/70/EC and removes the reference to paragraph 10 of Part II of Schedule 1 to the 1999 Regulations (regulation 4);

(iii) amending regulation 6 so that it now includes provisions which, when read with provisions added by these Regulations to Schedule 2 to the 1999 Regulations, specify the method of analysis to be used to determine whether dioxins and dioxin–like PCBs are present or active in a sample of a feeding stuff or a feed material to be analysed pursuant to Directive 2002/70/EC (and if it is, in what quantity or proportion) and apply to that determination specified provisions in Part I of Schedule 2 to the 1999 Regulations (regulations 5 and 7); and

(iv) modifying Part IV of the Agriculture Act 1970 (“the 1970 Act”) so as to provide that, in order to determine whether dioxins and dioxin–like PCBs are present or active in a sample of a feeding stuff or a feed material to be analysed pursuant to Directive 2002/70/EC (and if they are in what quantity or proportion), the sample is to be submitted to and analysed by a laboratory which satisfies specified requirements of that Directive; and making consequential modifications to Parts I and II of Schedule 3 to the 1999 Regulations (regulation 6);

(b) amend the Feeding Stuffs (Enforcement) Regulations 1999 by–

(i) modifying regulation 7 so as to disapply it in relation to regulations 11 and 11A, and ensure that it does not become applicable in relation to the new regulation 11B, and to make some drafting amendments (regulation 9);

(ii) making consequential and drafting amendments to regulations 8, 9, 10, 12 and 13 (regulations 10, 11, 12, 14 and 15);

(iii) providing that samples taken in accordance with section 76(8) of the 1970 Act (as modified for the purposes of those Regulations) are deemed to be taken in the prescribed manner for the purposes of Part IV of that Act (regulation 12(b) inserting new subsection (8A));

(iv) further modifying section 76(9) of the 1970 Act as modified for the purposes of those Regulations by inserting into it a reference to section 76(10) as so modified (regulation 12(b) inserting a modified subsection (9));

(v) substituting revised regulations 11 and 11A (which are concerned with analysis for the purposes of sections 77(4) and 78(6) of the 1970 Act), the former being amended to include reference to feed materials to which Annex II to Commission Directive 2002/70/EC applies and the latter being re–enacted with drafting improvements (regulation 13); and

(vi) inserting a new regulation, 11B, which specifies the circumstances in which, for the purposes of enforcing the Feeding Stuffs (Scotland) Regulations 2000 (S.S.I. 2000/453), analysis in relation to samples of feed materials to which Annex II to Directive 2002/70/EC applies is to be treated as carried out in the prescribed manner for the purposes of sections 74(4) and 78(6) of the 1970 Act (regulation 13); and

(c) make consequential amendments to the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 (regulations 16 to 19).

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 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.