The Animal Feed (Basic Safety Standards) (Wales) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations transpose in Wales, in relation to animal feed, Article 21 of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ No L 13, 17.1.14, p. 1).

Regulation 3 sets out that no person may intentionally add a radioactive substance in the production of animal feed.

Regulation 4 sets out that no person may import or export any animal feed to which a radioactive substance has been intentionally added during production.

Regulation 5 provides that it is an offence to fail to comply with regulation 3 or 4, punishable on conviction in the magistrates’ court by a fine or imprisonment for a term not exceeding 3 months, or both.

Regulation 6 sets out that it is the duty of each feed authority to enforce these Regulations in its area.

Regulation 7 amends Schedule 1 to the Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 (“the 2016 Regulations”) (S.I. 2016/387 (W. 121)). The amendment designates these Regulations as “specified feed law” for the purposes of the 2016 Regulations so that, among other things, authorised officers may serve improvement notices for failure to comply with regulation 3 or 4 of these Regulations and a person aggrieved by a decision to serve an improvement notice may appeal to the magistrates’ court. The amendment also allows, if particular requirements are complied with, a court to impose a prohibition order/emergency prohibition order on a feed business operator for failure to comply with regulation 3 or 4, and allows authorised officers to enter non-dwellings to investigate non-compliance with regulation 3 or 4 and to inspect, take samples, and detain or seize products. The amendment also allows a person accused of failing to comply with regulation 3 or 4 to rely on a due diligence defence in specific circumstances.

Regulation 8 amends Schedule 2 to the Official Feed and Food Controls (Wales) Regulations 2009 (“the 2009 Regulations”) (S.I. 2009/3376 (W. 298)). The amendment designates these Regulations as “relevant feed law” for the purposes of the 2009 Regulations. Among other things, the amendment allows feed authorities to share with other feed authorities any information received by them in the enforcement of these Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.