The Feeding Stuffs (Scotland) and the Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2006

Scottish Statutory Instruments

2006 No. 578

AGRICULTURE

The Feeding Stuffs (Scotland) and the Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2006

Made

29th November 2006

Laid before the Scottish Parliament

30th November 2006

Coming into force

26th December 2006

The Scottish Ministers, in exercise of the powers conferred by sections 66(1), 74(1), 74A and 84 of the Agriculture Act 1970(1), section 2(2) of the European Communities Act 1972(2) (in so far as these Regulations cannot be made under the powers of the Agriculture Act 1970 specified above) and of all other powers enabling them in that behalf, after consultation as required by section 84(1) of the Agriculture Act 1970 with such persons or organisations appearing to represent the interests concerned and as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3), hereby make the following Regulations.

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Feeding Stuffs (Scotland) and the Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2006 and come into force on 26th December 2006.

(2) These Regulations extend to Scotland only.

Commencement Information

I1 Reg. 1 in force at 26.12.2006, see reg. 1(1)

Amendments to the Feeding Stuffs (Scotland) Regulations 2005 S

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2 revoked (23.11.2010) by The Animal Feed (Scotland) Regulations 2010 (S.S.I. 2010/373), reg. 1, sch. 2 para. 4

Amendments to the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 S

3.—(1) The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005(4) are amended in accordance with paragraphs (2) and (3).

(2) After regulation 24 (powers of entry for authorised officers), insert–

“24A.— (1) For the purpose of carrying out investigations, in accordance with Article 4.2 of Directive 2002/32, to determine the source of those undesirable substances listed in Annex II to that Directive where action thresholds specified in that Annex have been reached, an authorised officer may, at all reasonable times and on producing if requested some duly authenticated document showing that officer’s authority, enter any premises (not being premises used only as a dwelling) on which that officer has reasonable cause to believe that feed has been or is being manufactured or produced, has been placed on the market or is being kept for the purpose of being placed on the market, incorporated into another product or used.

(2) An authorised officer entering any premises by virtue of this regulation may–

(a) take such other persons and such equipment as may appear to be necessary;

(b) inspect anything that officer would have had the right to inspect under regulation 24(5); and

(c) take on those premises a sample of any material appearing to be a feed manufactured, produced, placed on the market or intended to be placed on the market or to be material used or intended for use as feed.

(3) Where for the purpose of taking a sample pursuant to paragraph (2)(c) an authorised officer takes material from one or more containers, each of which weighs no more than six kilograms and which are exposed for sale by retail, the owner of the container or containers may require the authorised officer to purchase the container or containers on behalf of the authority for which that officer acts.

(4) An authorised officer entering any premises by virtue of this regulation has the same rights to production, inspection and copying of records, including records kept on or produced by a computer, as are specified in regulation 24(9)(a) and (b) and (10)(c).

(5) Regulation 24(14) applies to the power of entry under this regulation as it does to such powers under that regulation.

(6) Directive 2002/32 means Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed(5), as amended by Commission Directive 2003/57/EC(6), Commission Directive 2003/100/EC(7), Commission Directive 2005/8/EC(8), Commission Directive 2005/86/EC(9), Commission Directive 2005/87/EC(10) and Commission Directive 2006/13/EC(11).”.

(3) In regulation 27(4), after “regulation 24”, insert “or regulation 24A”.

Commencement Information

I2 Reg. 3 in force at 26.12.2006, see reg. 1(1)

LEWIS MACDONALD

Authorised to sign on behalf of the Scottish Ministers

St Andrew’s House,

Edinburgh

29th November 2006

Regulation 2(2)

F2 SCHEDULE 1 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Schs. 1, 2 revoked (23.11.2010) by The Animal Feed (Scotland) Regulations 2010 (S.S.I. 2010/373), reg. 1, sch. 2 para. 4

Regulation 2(3) and (4)

F2 SCHEDULE 2 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explanatory Note

(This note is not part of the Regulations)

These Regulations make further amendments to the Feeding Stuffs (Scotland) Regulations 2005 (S.S.I. 2005/605, as already amended by S.S.I. 2006/16 and S.S.I. 2006/516) (“the Feeding Stuffs Regulations”) and also amend the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 (S.S.I. 2005/608, as already amended by S.S.I. 2005/616) (“the Feed Hygiene Regulations”).

These Regulations provide for the implementation of the following EC Directives–

(a) Commission Directive 2005/86/EC amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed as regards camphechlor (O.J. No. L 318, 6.12.05, p.16);

(b) Commission Directive 2005/87/EC amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed as regards lead, fluorine and cadmium (O.J. No. L 318, 6.12.05, p.19); and

(c) Commission Directive 2006/13/EC amending Annexes I and II to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed as regards dioxins and dioxin-like PCBs (O.J. No. L 32, 4.2.06, p.44).

The Regulations also implement a provision contained in Council Directive 79/373/EEC on the circulation of compound feedingstuffs (O.J. No. L 86, 6.4.79, p.30), as last amended by Council Regulation (EC) No. 807/2003 (O.J. No. L 122, 16.5.03, p.36). This provision relates to the limits of variation for the declaration of the moisture content of compound pet foods.

The Regulations amend the Feeding Stuffs Regulations–

(a) in Part B of Schedule 4, by inserting limits of variation for declarations of the moisture content of compound pet foods (regulation 2(2) and Schedule 1);

(b) in Chapter A of Schedule 5, by amending the existing entries for cadmium, dioxin, fluorine and lead and by adding new entries relating to the sum of dioxins and dioxin-like PCBs (regulation 2(3) and Part I of Schedule 2); and

(c) in Chapter D of Schedule 5, by amending the existing entries for camphechlor (toxaphene) (regulation 2(4) and Part II of Schedule 2).

The Regulations amend the Feed Hygiene Regulations–

(a) by inserting a new regulation 24A to give authorised officers of a feed authority powers of entry, sampling, inspection and associated activities in order to carry out the investigative functions required by Directive 2002/32/EC as amended by Commission Directive 2006/13/EC (regulation 3(2)); and

(b) by amending regulation 27(4) (which deals with disclosure of information related to sampling) so as to extend its application to sampling conducted under regulation 24A (regulation 3(3)).

A full regulatory impact assessment, which includes a compliance cost assessment of the effect that these Regulations will have on business costs, has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.

(1)

1970 c. 40. Section 66(1) contains definitions of the expressions “the Ministers”, “prescribed” and “regulations” and was relevantly amended by S.I. 1982/980, 1995/1412, 1996/1342 and 1999/1663 and S.S.I. 2000/453. Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6. The functions of the Secretary of State, insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46) (“the 1998 Act”).

(2)

1972 c. 68; section 2(2) was amended by the 1998 Act, Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown by section 2(2), insofar as exercisable within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

(3)

O.J. No. L 31, 1.2.02, p.1, as last amended by Regulation (EC) No. 575/2006 of the European Parliament and of the Council (O.J. No. L 100, 8.4.06, p.3.).

(4)

S.S.I. 2005/608, as amended by S.S.I. 2005/616.

(5)

O.J. No. L 140, 30.5.02, p.10.

(6)

O.J. No. L 151, 19.6.03, p.38.

(7)

O.J. No. L 285, 1.11.03, p.33.

(8)

O.J. No. L 27, 29.1.05, p.44.

(9)

O.J. No. L 318, 6.12.05, p.16.

(10)

O.J. No. L 318, 6.12.05, p.19.

(11)

O.J. No. L 32, 4.2.06, p.44. This amending Directive introduced action thresholds and the requirement to investigate.