2017 No. 38
Agriculture

The Animal Feed (Scotland) Amendment Regulations 2017

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 74A(1), (2) and (4) and 84 of the Agriculture Act 19701, section 2(2) and paragraph 1A of schedule 2 of the European Communities Act 19722 and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references to the Annexes to Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition3 to be construed as references to those Annexes as amended from time to time.
There has been consultation 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 safety4.

Citation and commencement1.

These Regulations may be cited as the Animal Feed (Scotland) Amendment Regulations 2017 and come into force on 23rd March 2017.

Amendments to the Animal Feed (Scotland) Regulations 20102.

(1)

The Animal Feed (Scotland) Regulations 20105 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 2 (interpretation and scope)—

(a)

in paragraph (1), for the definition of “Regulation 1831/2003” substitute—
““Regulation 1831/2003” means Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition6;”; and

(b)

in paragraph (3), after “Directive 2002/32,” insert “Regulation 1831/2003,”.

(3)

In regulation 7 (enforcement of requirements of Regulation 1831/2003), for paragraph (1) substitute—

“(1)

A person commits an offence if that person contravenes or fails to comply with a provision specified in paragraph (2), as read, in the case of sub-paragraphs (a) and (c), with Article 2 (transitional provision) of Commission Regulation (EU) 2015/327 amending Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards requirements for the placing on the market and conditions of use of additives consisting of preparations7.”.
FERGUS EWING
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations provide for the execution and enforcement of Commission Regulation (EU) 2015/327 amending Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards requirements for the placing on the market and conditions of use of additives consisting of preparations.

These Regulations amend the Animal Feed (Scotland) Regulations 2010.

Regulation 2 re-states the definition of “Regulation 1831/2003” so that it includes all amendments made to it up to and including Commission Regulation (EU) 2015/2294. The definition therefore includes the amendments made by Commission Regulation (EU) 2015/327.