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The Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016

W.S.I. 2016/386 · Made 15 March 2016 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2024.

Agriculture, Wales

Made 15 March 2016

Laid before the National Assembly for Wales 17 March 2016

Coming into force 12 May 2016

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 66, 68, 74A and 84 of the Agriculture Act 1970 M1 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 M2.

The Welsh Ministers have been designated for the purposes of the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms M3, measures relating to feed produced for or fed to food-producing animals M4, measures in the veterinary and phytosanitary fields for the protection of public health M5 and measures in relation to the common agricultural policy of the European Union M6.

As set out above, these Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for references in these Regulations to the Annexes to the EU instruments mentioned in regulation 2(3) to be construed as references to those Annexes as they may be amended from time to time.

There has been open and transparent public consultation during the preparation of these Regulations in accordance with the requirements 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 M7 or, in the case of provisions relating to feed for non food-producing animals, of section 84(1) of the Agriculture Act 1970.

Annotations to the whole text

Marginal citations

M1

1970 c. 40. Functions formerly exercisable by “the Ministers”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672, and subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). Section 74A was inserted by paragraph 6 of Schedule 4 to the European Communities Act 1972 (c. 68). Section 84 was amended by S.I. 2004/3254.

M2

1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) and amended by Part 1 of Schedule 1 to the European Union (Amendment) Act 2008 (c. 7).

M3

S.I. 2003/2901. The functions conferred on the National Assembly for Wales by this designation are transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006.

M4

S.I. 2005/1971. The functions conferred on the National Assembly for Wales by this designation are transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006. The designation does not extend to measures concerning feed containing medicinal products (including growth regulators) or medicinal products when destined for use in feed except provision concerning digestibility enhancers, gut flora stabilisers, or substances which favourably affect the environment.

M5

S.I. 2008/1792.

M6

S.I. 2010/2690. The designation does not extend to making provision in respect of feed that contains medicinal products destined for use in feed, except provision concerning substances that favourably affect the environment, digestibility enhancers, or gut flora stabilisers.

M7

OJ No L 31, 1.2.2002, p 1, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material (OJ No L 189, 27.6.2014, p 1).

Contents

  1. Part 1: Introductory and general
  2. 1Title, commencement and application
  3. 2Interpretation and scope
  4. Part 2: Enforcement of Regulation 178/2002
  5. 3Interpretation of this Part
  6. 4Offence of failing to comply with a specified provision of Regulation 178/2002
  7. 5Competent authorities for the purposes of Regulation 178/2002
  8. Part 3: Enforcement of Regulation 1829/2003
  9. 6Interpretation of this Part
  10. 7Offence of failing to comply with a specified provision of Regulation 1829/2003
  11. 8Competent authority for the purposes of Regulation 1829/2003
  12. Part 4: Enforcement of Regulation 1831/2003
  13. 9Interpretation of this Part
  14. 10Offence of failing to comply with a specified provision of Regulation 1831/2003
  15. 10ATransitional provision: withdrawal from the EU
  16. Part 5: Enforcement of Regulation 767/2009
  17. 11Interpretation of this Part and Schedule 1
  18. 12Offence of failing to comply with a specified provision of Regulation 767/2009
  19. 13Competent authorities for the purposes of Regulation 767/2009
  20. Part 6: Undesirable substances in products intended for animal feed
  21. 14Interpretation of this Part
  22. 15Control of animal feeds containing undesirable substances
  23. 15ARegulations amending Schedules 1B and 1C
  24. Part 7: Enforcement of Regulation 2020/354
  25. 16Interpretation of this Part
  26. 17Offence of failing to comply with Article 1 of Regulation 2020/354
  27. Part 8: Administration and enforcement
  28. 18Penalties for offences under these Regulations
  29. 19Duties to enforce
  30. Part 9: Amendment and revocation
  31. 20Amendment of the Official Feed and Food Controls (Wales) Regulations 2009
  32. 21Revocations
  33. Signature
  34. Schedule 1Specified Provisions of Regulation 767/2009
  35. Schedule 1ACategories of feed materials which may be indicated in place of individual feed materials
  36. Schedule 1BMaximum levels of undesirable substances
  37. Schedule 1CAction thresholds triggering investigations
  38. Schedule 2Revocations
  39. Explanatory note