![]() |
|
|
|
|
|
Navigation
News
|
|
Welsh Statutory Instrument 2003 No. 1850 (W.200)The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003(The document as of February, 2008) STATUTORY INSTRUMENTS2003 No. 1850 (W.200)AGRICULTURE, WALESThe Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003
The National Assembly for Wales, in exercise of the powers conferred on it by sections 66(1), 68(1) and (1A), 69(1), 74A, 75(1), 76(1), and 84 of the Agriculture Act 1970[1] (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000[2] and articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002[3]), after consultation as required by section 84(1) of that Act and 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 safety[4], and being designated[5] for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by that last mentioned section (in so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above), makes the following Regulations: Title, commencement and application 1. - (1) These Regulations may be cited as the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and shall apply to Wales only. (2) - Regulations 1, 2, 3, 4, 5, 7, 8, 9 and 11 and 13 to 20 shall come into force on 1st August 2003 and regulations 6, 10 and 12 shall come into force on 6th November 2003. Amendments to the Feeding Stuffs (Wales) Regulations 2001 2.The Feeding Stuffs (Wales) Regulations 2001[6] shall be amended in accordance with regulations 3 to 12. 3.In regulation 2 (interpretation) -
(i) the following definitions shall be deleted -
(bb) "national list", and (cc) "third country", (ii) in each of the definitions of "complementary feeding stuff", "complete feeding stuff", for the expression "regulation 12(10)(a)" there shall be substituted the expression "regulation 12(6) and in the definition of "feeding stuff", for the expression "regulation 12(11)(a)" there shall be substituted the expression "regulation 12(7)",
(v) immediately after the definition of "premixture" there shall be inserted the following definition -
(b) could adversely affect livestock production;"; and (b) for paragraph (8) there shall be substituted the following paragraph -
4.For paragraph (1) of regulation 7 (limits of variation) there shall be substituted the following paragraph -
5.For regulation 12 (control of feeding stuffs and feed materials containing undesirable substances) there shall be substituted the following regulation -
14. - (1) No person shall -
(b) use any such product for animal feed, if it contains any undesirable substance specified in column 1 of that Part in excess of the level specified for it in column 3 of that Part.
(b) there is no provision relating to any complementary feeding stuff in the corresponding entry in column 2 of that Part. (3) No person shall mix any product intended for animal feed which is specified in column 2 of Part I of Schedule 7 and which contains any undesirable substance specified in column 1 of that Part in excess of the level specified for it in column 3 of that Part for the purpose of dilution with any product intended for animal feed.
(b) of merchantable quality. (5) For the purposes of paragraph (4) above, a product intended for animal feed which is specified in column 2 of Part I of Schedule 7 is not sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 of that Part in excess of the level specified in relation to it in column 3 of that Part.
(b) a product derived from the industrial processing of such a product; or (c) an organic or inorganic substance, used singly or in a mixture, whether or not containing additives, for oral feeding to pet animals, to farmed creatures or to animals living freely in the wild, and "complementary feeding stuff" and "complete feeding stuff" shall be construed accordingly.". 6.Immediately after regulation 17 (control of feeding stuffs intended for particular nutritional purposes, and supplementary provisions relating to statutory statement) there shall be inserted the following regulation -
17A.Where a person to whom a compound feeding stuff for animals other than pet animals is supplied so requests, the supplier of that compound feeding stuff shall provide the person making that request with details of the exact percentages by weight of feed materials used in that compound feeding stuff.". 7.For paragraph (1) of regulation 24 (modification of section 74A(3) of the Agriculture Act 1970) there shall be substituted the following paragraph -
8.In paragraph (2) of regulation 24 for the expression "12(3), (4), (6), (7) and (9), 13(1), 15, 16(1) and 17(1)" there shall be substituted the expression "12(1) to (4), 13(1), 15, 16(1), 17(1) and 17A".
(b) in paragraph 15 -
(ii) for sub-paragraph (c) there shall be substituted the following sub-paragraph -
(c) for paragraph 19 there shall be substituted the following paragraph -
(ii) with an indication, in descending order, of the percentage by weight of each feed material contained in the compound feeding stuff, subject to a limit of variation of +/- 15% in relation to each declared percentage; and (b) the statutory statement shall contain the following declaration -
11.In Schedule 7 (prescribed limits for undesirable substances) -
(b) Part II (feed materials) shall be deleted. 12.Part II of Schedule 10 (categories of feed materials for use in relation to compound feeding stuffs for animals other than pets) shall be deleted.
(b) sections 73 and 73A of the Act."; and (b) for paragraph (4) there shall be substituted the following paragraph -
(b) sections 73 and 73A of the Act.". 18.In each of regulations 11, 11A and 11B for the expression "and the Feeding Stuffs (Amendment) (Wales) Regulations 2003" there shall be substituted the expression ", the Feeding Stuffs (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003".
Commission Regulation (EC) No. 2316/98 concerning authorisation of new additives and amending the conditions for authorisation of a number of additives already authorised in feedingstuffs[14]. Commission Regulation (EC) No. 1594/1999 amending the conditions for the authorisation of an additive in feedingstuffs[15]. Commission Regulation (EC) No. 2439/1999 on the conditions for authorisation of additives belonging to the group "binders, anti-caking agents and coagulants" in feedingstuffs[16]. Commission Regulation (EC) No. 1353/2000 concerning the permanent authorisation of an additive and the provisional authorisation of new additives, new additive uses and new preparations in feedingstuffs[17]. Commission Regulation (EC) No. 2437/2000 concerning the permanent authorisation of an additive and the provisional authorisation of new additives in feedingstuffs[18]. Commission Regulation (EC) No. 2013/2001 concerning the provisional authorisation of a new additive use and the permanent authorisation of an additive in feedingstuffs[19]. Commission Regulation (EC) No. 2200/2001 concerning provisional authorisation of additives in feedingstuffs[20]. Commission Regulation (EC) No. 256/2002 concerning the provisional authorisation of new additives, the prolongation of provisional authorisation of an additive and the permanent authorisation of an additive in feedingstuffs[21]. Commission Regulation (EC) No. 1252/2002 concerning the provisional authorisation of a new additive in feedingstuffs)[22]). Commission Regulation (EC) No. 1876/2002 concerning the provisional authorisation of a new use of an additive in feedingstuffs[23]). Commission Regulation (EC) No. 2188/2002 concerning the provisional authorisation of new uses of additives in feedingstuffs[24]). Commission Regulation (EC) No. 261/2003 concerning the provisional authorisation of new uses of additives in feedingstuffs[25]). Commission Regulation (EC) No. 316/2003 concerning the permanent authorisation of an additive in feedingstuffs and the provisional authorisation of an additive already authorised in feedingstuffs[26]). Commission Regulation (EC) No. 666/2003 provisionally authorising the use of certain micro - organisms in feedingstuffs[27]). Commission Regulation (EC) No. 668/2003 concerning the permanent authorisation of an additive in feedingstuffs[28]). (This note is not part of the Regulations) 1.These Regulations amend in relation to Wales only the Feeding Stuffs (Wales) Regulations 2001 (S.I. 2001/343, as already amended), the Feeding Stuffs (Sampling and Analysis) Regulations 1999 (S.I. 1999/1663, as already amended) and the Feeding Stuffs (Enforcement) Regulations 1999 (S.I. 1999/2325, as already amended). 2.These Regulations implement -
(b) Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed (OJ No. L140, 30.5.2002, p.10). 3.These Regulations also provide for the enforcement of the following Community Regulations -
(b) Commission Regulation (EC) No. 316/2003 concerning the permanent authorisation of an additive in feedingstuffs and the provisional authorisation of an additive already authorised in feedingstuffs (OJ No. L46, 20.2.2003, p.15); (c) Commission Regulation (EC) No. 666/2003 provisionally authorising the use of certain micro - organisms in feedingstuffs (OJ No. L96, 12.4.2003, p.11); and (d) Commission Regulation (EC) No. 668/2003 concerning the permanent authorisation of an additive in feedingstuffs (OJ No. L96, 12.4.2003, p.14). 4.These Regulations -
(ii) substituting a revised version of regulation 2(8) (which prescribes how references in the 2001 Regulations to Community instruments are to be construed) (regulation 3(b)), (iii) making consequential amendments to regulations 7(1), 24(1) and 24(2) (regulations 4, 7 and 8), (iv) substituting for regulation 12 (control of feeding stuffs and feed materials containing undesirable substances), a new and re-titled regulation, which -
(bb) re-enacts the remaining provisions of the previous regulation 12 with modifications, in particular by replacing the references to the terms "feeding stuff" and "feed material" with references to the term "product intended for animal feed" (regulation 5); (v) inserting a new regulation, regulation 17A (provision of information in relation to compound feeding stuffs for animals other than pet animals), which requires suppliers of compound feeding stuffs to provide specified information relating to the feeding stuffs if requested to do so by those to whom they are supplied (regulation 6), (b) make consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 and the Feeding Stuffs (Enforcement) Regulations 1999 (regulations 13 to 20). 5.A regulatory impact assessment has been prepared for these Regulations and has been placed in the library of the National Assembly for Wales, together with a transposition note setting out how the main elements of Directive 2002/2/EC and 2002/32/EC are transposed into domestic law by these Regulations. Copies may be obtained from the Animal Feed Unit of the Food Standards Agency, 1st Floor, Southgate House, Cardiff, CF10 1EN. Notes: [1]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 S.I. 1999/672.back [2]S.I. 2000/656.back [3]S.I. 2002/794.back [4]OJ No. L31, 1.2.2002, p.1. Under Article 3 of Regulation (EC) 178/2002 "food law" extends to feed produced for, or fed to, food producing animals.back [5]S.I. 1999/2788.back [6]S.I. 2001/343 (W 15), amended by S.I. 2001/1797 (W 172), S.I. 2003/989 (W 138) and S.I. 2003/1677 (W180).back [7]S.I. 2001/2253 (W 163).back [8]S.I. 2001/3461 (W 280).back [9]S.I. 2002/1797 (W 172).back [10]S.I. 2003/989 (W 138).back [11]S.I. 1999/1663, amended by S.I. 1999/1871, S.I. 2001/2253 (W. 163), S.I. 2002/1797 (W.172) and S.I. 2003/1677 (W.180).back [12]S.I. 1999/2325, amended by S.I. 2000/656, S.I. 2001/2253 (W. 163), S.I. 2001/3461 (W.280), S.I. 2002/1797 (W.172), S.I. 2003/989 (W.138) and S.I. 2003/1677 (W.180).back [13]1998 c.38.back [14]OJ No. L289, 28.10.98, p.4.back [15]OJ No. L188, 21.7.1999, p.35.back [16]OJ No. L297, 18.11.1999, p.8. The Annex to this Regulation is now replaced by the Annex to Regulation (EC) No. 739/2000 (OJ No. L87, 8.4.2000, p.14).back [17]OJ No. L155, 28.6.2000, p.15.back [18]OJ No. L280, 4.11.2000, p.28.back [19]OJ No. L272, 13.10.2001, p.24.back [20]OJ No. L299, 15.11.2001, p.1.back [21]OJ No. L41, 13.2.2002, p.6.back [22]OJ No. L183, 12.7.2002, p.10.back [23]OJ No. L284, 22.10.2002, p.7.back [24]OJ No. L333, 10.12.2002, p.5.back [25]OJ No. L37, 13.2.2003, p.12.back [26]OJ No. L46, 20.2.2003, p.15.back [27]OJ No. L96, 12.4.2003, p.11.back [28]OJ No. L96, 12.4.2003, p.14.back ISBN0 11090766 3 -- Back --
Stat
|
Other
|