The Feeding Stuffs (Enforcement) (Amendment) Regulations 2003

Statutory Instruments

2003 No. 2264

AGRICULTURE

The Feeding Stuffs (Enforcement) (Amendment) Regulations 2003

Made

3rd September 2003

Laid before Parliament

4th September 2003

Coming into force

30th September 2003

The Secretary of State for Environment, Food and Rural Affairs, being designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on her by that section, and having carried out any consultation required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council(3) hereby makes the following Regulations:

Title and commencement

1.  These Regulations may be cited as the Feeding Stuffs (Enforcement) (Amendment) Regulations 2003, and shall come into force on 30th September 2003.

Amendment of the Feeding Stuffs (Enforcement) Regulations 1999

2.—(1) The Feeding Stuffs (Enforcement) Regulations 1999(4) shall be amended in accordance with this regulation.

(2) After regulation 6A, insert the following regulation:

“6AA.   It shall be the duty of any person to whom the third paragraph of Article 16a of Directive 95/53(5) applies to provide to the competent authority the information described in that paragraph insofar as that information comes to his attention in the course of his duties referred to in that paragraph.”

Ben Bradshaw

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

3rd September 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Feeding Stuffs (Enforcement) Regulations 1999 (S.I. 1999/2325) in the United Kingdom.

They implement in relation to all feeding stuffs the reporting requirement imposed by the penultimate paragraph of Article 1.7 of Directive 2001/46/EC of the European Parliament and of the Council of 23rd July 2001 (amending Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition, and Directives 70/524/EEC, 96/25/EC and 1999/29/EC on animal nutrition). This paragraph forms the third paragraph of Article 16a of the amended Council Directive 95/53/EC and requires those charged with the duty of monitoring farms in relation to residues under Council Directive 96/23/EC (OJ No. L125, 23.5.96, p. 10), and others in charge of laboratories carrying out analyses, to report any breaches of legal requirements relating to feeding stuffs if they obtain evidence of such breaches in the course of performing their duties.

(1)

S.I. 1972/1811.

(2)

1972 c. 68.

(3)

Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28th January 2002 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, OJ No. L31, 1.2.2002, p. 1.

(4)

S.I. 1999/2325; the relevant amending instrument being S.I. 2003/1026.

(5)

OJ No. L265, 8.11.95, p. 17.