The Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 (“the 2005 Regulations”) (regulation 2) and the Animal Feed (Scotland) Regulations 2010 (“the 2010 Regulations”) (regulation 3) in order to provide for the enforcement of Commission Regulation (EU) No 225/2012 amending Annex II to Regulation (EC) No 183/2005 of the European Parliament and of the Council as regards the approval of establishments placing on the market, for feed use, products derived from vegetable oils and blended fats and as regards the specific requirements for production, storage, transport and dioxin testing of oils, fats and products derived thereof (“Regulation 225/2012”).

Paragraph 1A of Schedule 2 to the European Communities Act 1972 is cited in the enabling powers for these Regulations because regulation 2 inserts a new provision into the 2005 Regulations that any reference to an Annex to Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for food hygiene (“Regulation 183/2005”) means that Annex as amended from time to time.

Regulation 2 amends the 2005 Regulations so that the definition of Regulation 183/2005 includes the amendment made to it by Regulation 225/2012. It also amends the designation of the competent authorities in the 2005 Regulations to cover the references in the new section on dioxin monitoring in Annex II to Regulation 183/2005. Regulation 2 replaces the existing Schedule 2 to the 2005 Regulations (fees payable for approval) to extend the requirement to pay a fee for approval to the categories of establishment now listed in Annex II of Regulation 183/2005.

Regulation 3 amends the 2010 Regulations to remove the definition of and references to Commission Regulation (EU) No 242/2010 of 19 March 2010 creating the catalogue of feed materials as that Regulation has been repealed.

It also amends regulation 4(c) and Schedule 1 to the 2010 Regulations. They provide that it is an offence for any person: (1) to contravene or fail to comply with specified provisions of Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (“Regulation 767/2009”); or (2) to place on the market or use any feed that fails to comply with Article 6(1) or 8 of Regulation 767/2009.

These Regulations also make a consequential amendment to the Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2009 (regulation 4).

A Business and Regulatory Impact Assessment 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 and online at www.legislation.gov.uk.