http://www.legislation.gov.uk/wsi/2010/2287The Feed (Sampling and Analysis and Specified Undesirable Substances) (Wales) Regulations 2010texttext/xmlenStatute Law DatabaseAGRICULTURE, WALES2026-08-28Expert Participation2016-05-122010 No. 2287 (W.199)AGRICULTURE, WALESThe Feed (Sampling and Analysis and Specified Undesirable Substances) (Wales) Regulations 2010Made15 September 2010Laid before the National Assembly for Wales17 September 2010Coming into force11 October 2010The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 66(1), 67(5), 74A, 79(9) and 84 of the Agriculture Act 1970 , and under section 2(2) of the European Communities Act 1972 .The Welsh Ministers are designated for the purposes of section 2(2) in relation to measures in the veterinary and phytosanitary fields for the protection of public health , the common agricultural policy of the European Union and measures relating to feed produced for or fed to food-producing animals .There has been consultation during the preparation of these Regulations in accordance with the requirements of section 84(1) of the Agriculture Act 1970 or, as appropriate, of 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 .
PART 1
General and introductoryTitle, application and commencement1The title of these Regulations is the Feed (Sampling and Analysis and Specified Undesirable Substances) (Wales) Regulations 2010, they apply in relation to Wales and come into force on 11 October 2010.Interpretation21In these Regulations—“the Act” (“y Ddeddf”) means the Agriculture Act 1970;“Regulation 152/2009” (“Rheoliad 152/2009”) means Commission Regulation (EC) No. 152/2009 laying down the methods of sampling and analysis for the official control of feed ;“the Feed Hygiene Regulations” (“y Rheoliadau Hylendid Bwyd Anifeiliaid”) means the Feed (Hygiene and Enforcement) (Wales) Regulations 2005 ;“the GM Feed Regulations” (“y Rheoliadau Bwyd Anifeiliaid AE”) means the Genetically Modified Animal Feed (Wales) Regulations 2004 ; and“analyst” (“dadansoddwr”) means an agricultural analyst or deputy agricultural analyst.2Any expression used in these Regulations and Regulation 152/2009 has the meaning that it bears in Regulation 152/2009.3Any reference to a numbered section is a reference to the section so numbered in the Act as modified by these Regulations.Prescribed metric substitution3For the purposes of its application to feeding stuffs, the Act is to be read as if—ain section 68(2)(b) the words “to sales in quantities of not more than 25 kilograms” were substituted for the words “
to sales of small quantities (that is to say, sales in quantities of not more than fifty six pounds or the prescribed metric substitution)
”; andbin section 76(5) the words “six kilograms” were substituted for the words “
fourteen pounds or the prescribed metric substitution
”.
PART 2
Miscellaneous requirements relating to sampling and analysisMethods of sending a final sample4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Qualifications of analysts5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Analysis other than in the course of official controls6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Form of certificate of analysis7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 3
Amendment and modification of other legislation with regard to sampling and analysisAmendment or modification of the Act8The Act is amended or as the case may be modified in accordance with regulations 9 to 20.9In section 66(1) (interpretation of Part IV) insert at the appropriate place the following definitions— “
“final sample” has the meaning that it bears in Annex I to Regulation 152/2009;
”;“Regulation 152/2009” means Commission Regulation (EC) No. 152/2009 laying down the methods of sampling and analysis for the official control of feed;.10Section 68 (duty of seller to give statutory statement) in so far as it applies in relation to feeding stuffs will apply as if—ain subsection (4)(b)
“final sample” were substituted for “
sampled portion
”; andbin subsection (5)—i“final sample” were substituted for “
sample taken from the portion in question
”, andii“in accordance with Regulation 152/2009” were substituted for “
in the prescribed manner
”.11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12Section 70 (use of names or expressions with prescribed meanings) in so far as it applies in relation to feeding stuffs will apply as if–ain subsection (2)
“final sample” were substituted for “
sampled portion
”; andbin subsection (4)—i“final sample” were substituted for “
sampled portion
”, andii“that sample” were substituted for “
the sample taken from that portion
”.13Section 71 (particulars to be given of certain attributes if claimed to be present) in so far as it applies in relation to feeding stuffs will apply as if—ain subsection (2)(b)
“final sample” were substituted for “
sampled portion
”; andbin subsection (3)—i“final sample” were substituted for “
sampled portion
”, andii“that sample” were substituted for “
the sample taken from that portion
”.14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16Section 75 (purchaser's right to have sample taken and analysed) in so far as it applies in relation to feeding stuffs will apply as if in subsection (1)
“in accordance with Regulation 152/2009” were substituted for “
in the prescribed manner
”.17Section 76 (inspector's power to enter premises and take samples) in so far as it applies in relation to feeding stuffs will apply as if—ain subsection (1)
“in accordance with Regulation 152/2009” were substituted for “
in the prescribed manner
”; andbfor subsection (4) the following were substituted—4Without prejudice to any other power or duty as to the taking of samples, an inspector may for the purposes of this Part of this Act take a sample of any material which has been sold for use as a feeding stuff or which he has reasonable cause to believe to be intended for sale as such..18Section 77 (division of samples and analysis by agricultural analyst) in so far as it applies in relation to feeding stuffs will apply as if—afor subsection (1) the following were substituted—1Where an inspector has taken a sample and prepared and packaged final samples in accordance with Regulation 152/2009 the inspector, in addition to sending a final sample to the agricultural analyst for the inspector's area in accordance with the requirements of paragraph 8 of Annex I to that Regulation—ashall send one final sample—iwhere the sample was taken pursuant to the request of a purchaser under section 75 of this Act, to the seller or his agent;iiin any other case, to the person on whose premises the sample was taken, or, if the person on whose premises the sample was taken purchased the material in question for use and not for resale, to the seller or his agent; andbsubject to section 78 of this Act, shall retain at least one final sample for nine months.;bfor subsection (2) the following were substituted—2If the person who manufactured any material of which an inspector has taken a sample as mentioned in subsection (1) is not a person to whom a final sample is required to be sent under that subsection, the inspector shall send a final sample to the manufacturer unless he does not know and is unable after making reasonable inquiries to ascertain before the expiration of fourteen days from the date when the sample was taken—athe manufacturer's name; orbany address of the manufacturer in the United Kingdom.;cin subsection (3)—i“final sample” were substituted for “
part of a sample
”, andii“in accordance with Regulation 152/2009” were substituted for “
in the prescribed manner
”; anddin subsection (4)—i“final sample” were substituted in each case for “
part of a sample
” or “
part of the sample
” as the case may be,ii“in such manner, if any, as may be prescribed” were omitted,iii“subsection (1)” were substituted for “
subsection (1)(a)
”, andivin paragraph (b)
“subsection (1)(a)(ii)” were substituted for “
subsection (1)(b)(ii)
”.19Section 78 (further analysis by Government Chemist) in so far as it applies in relation to feeding stuffs will apply as if—ain subsection (1)—ifor paragraph (a) the following were substituted—ato send the final sample retained by the inspector under section 77(1)(b) of this Act (as that section is modified by regulation 18(a) of the Feed (Sampling and Analysis and Specified Undesirable Substances)
(Wales) Regulations 2010)
(“the retained sample”) to the Government Chemist for analysis;, andiiin paragraph (b)
“retained sample” were substituted for “
remaining part
” and “that sample” were substituted for “
that part
”;bin subsection (2)—i“in accordance with Regulation 152/2009” were substituted for “
in the prescribed manner
”,iiin paragraph (a)(i)
“retained sample” were substituted for “
remaining part of the sample
”,iiiin paragraph (a)(ii)
“retained sample, whether that sample” were substituted for “
remaining part, whether that part
”, andivin paragraph (b)
“the retained sample” were substituted for “
that remaining part
”;cin subsection (4)—i“in accordance with Regulation 152/2009” were substituted for “
in the prescribed manner
”, andii“retained sample” were substituted for “
remaining part of the sample
”;din subsection (5)—i“part of a” were omitted,iiin paragraph (a)
“part of the” were omitted, andiiiin paragraph (b)
“the retained sample” were substituted for “
the part
”; andein subsection (6)—i“in such manner, if any, as may be prescribed any part of” were omitted, andii“the sample” were substituted for “
the part
”.20Section 79 (supplementary provisions relating to samples and analysis) in so far as it applies in relation to feeding stuffs will apply as if in subsection (3)–a“
is specified by Regulation 152/2009 or
” were inserted after “quality of any material”; andb“the method so specified or prescribed” were substituted for “
the method prescribed
”.Amendment of the Feed Hygiene Regulations21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Amendment of the Genetically Modified Animal Feed (Wales) Regulations 200422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Amendment of the Official Feed and Food Controls (Wales) Regulations 200923. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Revocation24The Feeding Stuffs (Sampling and Analysis) Regulations 1999 are revoked.
PART 4
Undesirable substancesAmendment of the Feeding Stuffs (Wales) Regulations 200625. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Gwenda ThomasDeputy Minister for Social Services, under authority of The Minister for Health and Social Services, one of the Welsh Ministers15 September 2010SCHEDULE 1Form of Certificate of AnalysisRegulation 7<CommentaryRef Ref="key-6641f9456d86c03b4ae18e3f917c8e93"/>
1These Regulations provide for the execution in Wales of Commission Regulation (EC) No. 152/2009 laying down the methods of sampling and analysis for the official control of feed (OJ No. L54, 26.2.2009, p.1), (“the Commission Regulation”). The Commission Regulation repeals and re-enacts with certain amendments a large number of European directives concerning methods of sampling and analysis of feeding stuffs. The Regulations revoke (in relation to Wales) the Feeding Stuffs (Sampling and Analysis) Regulations 1999 (S.I. 1999/1663, amended by S.I. 2001/2253 (W.163), S.I. 2002/1797 (W.172), S.I. 2003/1677 (W.180), S.I. 2003/1850 (W.200), S.I. 2004/2734 (W.241), S.I. 2006/116 (W.14) and S.I. 2006/617 (W.69)), which implemented those directives, and re-enact those administrative provisions of the 1999 Regulations which need to be kept in force.2These Regulations also, in Part 4, amend the Feeding Stuffs (Wales) Regulations 2006 (S.I. 2006/116 (W.14), previous amending instruments are S.I. 2006/617 (W.69), S.I. 2006/2928 (W.263), S.I. 2006/3256 (W.296), S.I. 2007/3171 (W.277), S.I. 2008/1806 (W.174), S.I. 2009/106 (W.20) and S.I. 2009/2881 (W.254)), in order to implement Commission Directive 2009/141/EC amending Annex 1 to Directive 2002/32/EC of the European Parliament and of the Council as regards maximum levels for arsenic, theobromine, Datura sp., Ricinus communis L., Croton tiglium L. and Abrus precatorius L., (OJ No. L308, 24.11.2009, p.20) (“the Commission Directive”).3The Regulations put in place administrative and other measures for the execution of the Commission Regulation, in particular by—aproviding for metric equivalents of imperial quantities mentioned in the Agriculture Act 1970 (regulation 3);bprescribing the methods of sending samples for analysis (regulation 4);cprescribing the required qualifications for agricultural analysts (regulation 5);dproviding for the methods to be used where an analysis is carried out other than in the context of official controls (regulation 6); andeprescribing the form to be used for a certificate of analysis (regulation 7 and Schedule 1).4The Regulations in Part 3 make textual amendments to primary and secondary legislation in order to avoid any instances of overlap or inconsistency between the Commission Regulation and domestic legislation (regulations 8 to 23) and revoke the 1999 Regulations (regulation 24).5The Regulations implement the Commission Directive by amending provisions of the Feeding Stuffs (Wales) Regulations 2006 concerning undesirable substances in animal feeds, notably in relation to maximum permitted levels for the substances mentioned in the title to the Commission Directive as set out in paragraph 2 above (regulation 25 and Schedules 2, 3 and 4).6A regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations and is available from the Food Standards Agency, 11th Floor, Southgate House, Cardiff CF10 1EW.1970 c. 40. Section 66(1) contains definitions of the expressions “the Ministers”, “prescribed” and “regulations”. The definition of “the Ministers” was amended by the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), Schedule 5, paragraph 1. Functions of “the Ministers”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c. 32).1972 c. 68.S.I. 2008/1792.S.I. 2005/2766. Functions of the National Assembly for Wales under this designation and the designation under S.I. 2005/1971 were transferred to the Welsh Ministers by paragraphs 28 and 30 of Schedule 11 to the Government of Wales Act 2006.S.I. 2005/1971.OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468 with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny — Part Four (OJ No. L188, 18.7.2009, p.14).OJ No. L54, 26.2.2009, p.1.S.I. 2005/3368 (W.265) amended by S.I. 2006/3256 (W.290) and S.I. 2009/3376 (W.298).S.I. 2004/3221 (W.277) amended by S.I. 2007/3173 (W.278).S.I. 1999/1663 amended by S.I. 2001/2253 (W.163), S.I. 2002/1797 (W.172), S.I. 2003/1677 (W.180), S.I. 2003/1850 (W.200), S.I. 2004/2734 (W.241), S.I. 2006/116 (W.14) and S.I. 2006/617 (W.69).Sch. 2 revoked (23.11.2010) by The Animal Feed (Wales) Regulations 2010 (S.I. 2010/2652), reg. 1, Sch. 2Sch. 3 revoked (23.11.2010) by The Animal Feed (Wales) Regulations 2010 (S.I. 2010/2652), reg. 1, Sch. 2Sch. 4 revoked (23.11.2010) by The Animal Feed (Wales) Regulations 2010 (S.I. 2010/2652), reg. 1, Sch. 2Reg. 11 revoked (23.11.2010) by The Animal Feed (Wales) Regulations 2010 (S.I. 2010/2652), reg. 1, Sch. 2Reg. 14 revoked (23.11.2010) by The Animal Feed (Wales) Regulations 2010 (S.I. 2010/2652), reg. 1, Sch. 2Reg. 15 revoked (23.11.2010) by The Animal Feed (Wales) Regulations 2010 (S.I. 2010/2652), reg. 1, Sch. 2Reg. 25 revoked (23.11.2010) by The Animal Feed (Wales) Regulations 2010 (S.I. 2010/2652), reg. 1, Sch. 2Sch. 1 revoked (12.5.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 (S.I. 2016/387), reg. 1(2), Sch. 5Reg. 4 revoked (12.5.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 (S.I. 2016/387), reg. 1(2), Sch. 5Reg. 5 revoked (12.5.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 (S.I. 2016/387), reg. 1(2), Sch. 5Reg. 6 revoked (12.5.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 (S.I. 2016/387), reg. 1(2), Sch. 5Reg. 7 revoked (12.5.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 (S.I. 2016/387), reg. 1(2), Sch. 5Reg. 21 revoked (12.5.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 (S.I. 2016/387), reg. 1(2), Sch. 5Reg. 22 revoked (12.5.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 (S.I. 2016/387), reg. 1(2), Sch. 5Reg. 23 revoked (12.5.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 (S.I. 2016/387), reg. 1(2), Sch. 5