These Regulations are occasioned by Regulation (EC) No. 178/2002 of the Council and European Parliament (OJ No. L31, 1.2.2002, p.1) 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 (“Regulation 178/2002”). The term “food law” includes law relating to feed for food-producing animals.

The Regulations make it an offence, with regard to animal feed other than certain zootechnical additives, to contravene or fail to comply with the provisions of Articles 15, 16, 18 and 20 of Regulation 178/2002. (Regulation 178/2002 is also applicable to those zootechnical additives, but in respect of those substances will be given effect by Regulations relating to veterinary medicines). Article 15 contains a prohibition on the placing on the market, or the feeding to food–producing animals, of unsafe feed. Article 16 prohibits the advertising, labelling or presentation of feed in such a way as to mislead. Article 18 requires feed business operators to have traceability systems in place in relation to input products and to products supplied by that business. Article 20 lays down the responsibilities and obligations of feed business operators in connection with product withdrawal, passing on of relevant information and collaboration with the authorities, with regard to feed that does not, or may not, satisfy feed safety requirements.

The Regulations make amendments to the provisions of sections 73 and 73A of the Agriculture Act 1970 by disapplying them in so far as they may duplicate the provisions of Article 15 of Regulation 178/2002.

Pursuant to Article 4(2) and (3) of Regulation 178/2002, the Regulations also disapply the provisions of section 84(1) of the Agriculture Act 1970 and section 30(6)(a) of the Food Standards Act 1999 in so far as they may duplicate the provisions of Article 9 of Regulation 178/2002. Article 9 contains a requirement for public consultation during the preparation, evaluation and revision of food law, except where the urgency of the matter does not allow it.

A regulatory impact assessment of the effect that this instrument will have on the costs of business has not been prepared because no significant compliance costs were identified.