The Genetically Modified Animal Feed (Scotland) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, provide for the enforcement and execution of Chapter III of Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (O.J. No. L268, 18.10.03, p.1) (“the Community Regulation”) which relates to animal feed. The Genetically Modified Food (Scotland) Regulations 2004 (S.S.I. 2004/[ ]) make provision for the enforcement of those provisions of the Community Regulation relating to food.

In particular these Regulations–

(a)

designate the Food Standards Agency as the national competent authority for receiving applications for the authorisation of new genetically modified organisms for feed use, feed containing or consisting of genetically modified organisms, or feed produced from genetically modified organisms (regulation 3);

(b)

provide for enforcement authorities to enforce the provisions of these Regulations and Chapter III of the Community Regulation and to appoint inspectors (regulation 4);

(c)

establish penalties for failing to comply with certain specified provisions of the Community Regulation, obstruction of inspectors and failure to comply with a notice served under regulation 8(2) (regulation 5 and the Schedule);

(d)

apply various provisions of the Agriculture Act 1970 (c. 40) with modification (regulation 6);

(e)

apply various provisions of the Feeding Stuffs (Sampling and Analysis) Regulations 1999 (regulation 7);

(f)

provide powers and a procedure for the inspection, seizure and detention of suspect feed and for its destruction or disposal where it does not comply with specified provisions of the Community Regulation (regulations 8 and 9); and

(g)

provide a time limit within which prosecutions for offences under the Regulations must be begun (regulation 10).

A Regulatory Impact Assessment, which includes a compliance cost assessment of the effect these Regulations would have on business costs, has been prepared and 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.