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The Animal Feed Regulations (Northern Ireland) 2010

S.R. 2010/355 · Made 26 October 2010 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 14 February 2016.

Agriculture

Made 26th October 2010

Coming into operation 23rd November 2010

The Department of Health, Social Services and Public Safety makes the following Regulations in exercise of the powers conferred on it by sections 66(1), 68(1), 74A(1), (2) and (4) and 84 of the Agriculture Act 1970, as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) Regulations (Northern Ireland) 2000.

In so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above, the Department of Health, Social Services and Public Safety makes these Regulations in exercise of its powers as a department designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community, measures in the veterinary and phytosanitary fields for the protection of public health and measures relating to feed produced for or fed to food-producing animals, as read with paragraph 1A of Schedule 2 to that Act.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Department of Health, Social Services and Public Safety that it is expedient for references 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 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

Textual amendments

F1

Regulations revoked in pt (14.2.2016) by The Animal Feed (Composition, Marketing and Use) Regulations (Northern Ireland) 2016 (S.R. 2016/4), Sch. 2 (with reg. 2(4))

Contents

  1. Part 1: Introductory and general
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Marketing and use of feed Repealed
  5. 3Interpretation of this Part and Schedule 1 Repealed
  6. 4Enforcement of requirements of Regulation 767/2009 Repealed
  7. 5Competent authorities for the purposes of Regulation 767/2009 Repealed
  8. Part 3: Feed additives Repealed
  9. 6Interpretation of this Part Repealed
  10. 7Enforcement of requirements of Regulation 1831/2003 Repealed
  11. Part 4: Undesirable substances in feed Repealed
  12. 8Interpretation of this Part Repealed
  13. 9Control of animal feeds containing undesirable substances Repealed
  14. Part 5: Feeds for particular nutritional purposes Repealed
  15. 10Interpretation of this Part Repealed
  16. 11Control of feed intended for particular nutritional purposes Repealed
  17. Part 6: Administration and enforcement Repealed
  18. 12Penalties for offences under these Regulations Repealed
  19. 13Duties to enforce Repealed
  20. Part 7: Amendments and modifications of the Agriculture Act 1970
  21. 14Amendments and modifications of the Agriculture Act 1970
  22. Part 8: Amendments to Regulations Repealed
  23. 15Amendment of the Feed (Hygiene and Enforcement) Regulations (Northern Ireland) 2005 Repealed
  24. 16Amendment of the Official Feed and Food Controls Regulations (Northern Ireland) 2009 Repealed
  25. 17Revocations Repealed
  26. Signature
  27. Schedule 1Specified Provisions of Regulation 767/2009 Repealed
  28. Schedule 2: Revocations
  29. 1Paragraph 1
  30. 2Paragraph 2
  31. 3Paragraph 3
  32. 4Paragraph 4
  33. 5Paragraph 5
  34. 6Paragraph 6
  35. 7Paragraph 7
  36. 8Paragraph 8
  37. 9Paragraph 9
  38. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Animal Feed Regulations (Northern Ireland) 2010 and come into operation on 23rd November 2010.

2InterpretationI1

(1)

In these Regulations —

  • “the Act” means the Agriculture Act 1970;

  • “Directive 82/475” means Commission Directive 82/475/EEC laying down the categories of feed materials which may be used for the purposes of labelling compound feedingstuffs for pet animalsf1;

  • “Directive 2002/32” means Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feedf2;

  • “Regulation 1831/2003” means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutritionf3;

  • “Directive 2008/38” means Commission Directive 2008/38/EC establishing a list of intended uses of animal feedingstuffs for particular nutritional purposesf4;

  • “Regulation 767/2009” means Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/ECf5;

  • F1...

(2)

Any expression used in these Regulations and in Regulation 1831/2003 or Regulation 767/2009 has the meaning in these Regulations that it bears in the Regulation concerned.

F2(3)

Any reference to an Annex to Directive 82/475, Directive 2002/32, Directive 2008/38 or Regulation 767/2009 is a reference to that Annex as it may be amended from time to time.

(4)

These Regulations do not apply to any feed additive in category (d) or (e) of Article 6(1) of Regulation 1831/2003, with the exception of those in the functional groups listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulationf6.

(5)

The Interpretation Act (Northern Ireland) 1954f7 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

3Interpretation of this Part and Schedule 1F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Enforcement of requirements of Regulation 767/2009F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Competent authorities for the purposes of Regulation 767/2009F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Interpretation of this PartF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Enforcement of requirements of Regulation 1831/2003F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Interpretation of this PartF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Control of animal feeds containing undesirable substancesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Interpretation of this PartF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Control of feed intended for particular nutritional purposesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12Penalties for offences under these RegulationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13Duties to enforceF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14Amendments and modifications of the Agriculture Act 1970I1

(1)

The Act is amended or modified, as the case may be, in accordance with paragraphs (2) to (9).

(2)

In section 66 (interpretation of Part IV) —

(a)

in subsection (1), after the definition of Regulation (EC) No 178/2002 insert the following definitions —

(b)

for subsection (2) substitute the following —

“(2)

For the purposes of this Part of this Act material shall be treated as sold for use as a fertiliser or feeding stuff whether it is sold to be so used by itself or as an ingredient in something which is to be so used.”.

(3)

In section 68 (duty of seller to give statutory statement) —

(a)

after subsection (5) insert the following subsection —

“(5A)

Nothing in subsections (1) to (5) applies to anyone to whom the requirements of Article 16 of Regulation (EC) No 1831/2003 (labelling and packaging of feed additives and premixtures) or of Chapter 4 of Regulation (EC) No 767/2009 (labelling, presentation and packaging) apply.”;

(b)

after subsection (6) add the following subsection —

“(7)

Failure to comply with the labelling requirements of Article 16 of Regulation (EC) No 1831/2003 or of Chapter 4 of Regulation (EC) No 767/2009 shall not invalidate a contract of sale, but such labelling shall, regardless of any contract or notice to the contrary, have effect as a warranty by the person who gives it that the particulars contained in it are correct.”.

(4)

In section 69 (marking of material prepared for sale), in subsection (1) omit the words “or feeding stuff”.

(5)

In section 70 (use of names or expressions with prescribed meanings) —

(a)

subsection (1)(a) in so far as it applies in relation to feeding stuffs shall apply as if the expression “under Regulation (EC) No 767/2009” were substituted for the expression “by regulations made for the purposes of this section”; and

(b)

after subsection (5) add the following subsection —

“(6)

Nothing in subsections (2) to (4) of this section shall apply to anyone to whom the labelling requirements of Regulation (EC) No 767/2009 apply.”.

(6)

In section 71 (particulars to be given of certain attributes if claimed to be present) —

(a)

subsection (4) in so far as it applies in relation to feeding stuffs shall apply as if —

(i)

the expression “the requirements of Article 13 of Regulation (EC) No 767/2009” were substituted for the expression “subsection (1) of this section”; and

(ii)

“that Article” were substituted for “that subsection”;

(b)

after subsection (5) add the following subsection —

“(6)

Nothing in subsections (1) to (3) of this section shall apply to anyone to whom Article 13 (claims) of Regulation (EC) No 767/2009 applies.”.

(7)

Sections 73 and 73A shall cease to have effect.

(8)

In section 74 (limits of variation) after subsection (2) add the following subsection —

“(3)

Nothing in subsection (2) shall apply to anyone to whom Article 11.5 and Annex IV (permitted tolerances) of Regulation (EC) No 767/2009 applies.”.

(9)

In section 74A, subsection (3) shall not apply to regulations concerning feed.

15Amendment of the Feed (Hygiene and Enforcement) Regulations (Northern Ireland) 2005F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16Amendment of the Official Feed and Food Controls Regulations (Northern Ireland) 2009F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17RevocationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 26th October 2010.

L.S.

L. Devlin

A senior officer of the Department of Health, Social Services and Public Safety

Schedule 1Specified Provisions of Regulation 767/2009F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1I1

The Feeding Stuffs Regulations (Northern Ireland) 2005f1

2I1

The Feeding Stuffs and the Feeding Stuffs (Sampling and Analysis) (Amendment) Regulations (Northern Ireland) 2006f1

3I1

The Feeding Stuffs (Amendment) Regulations (Northern Ireland) 2006f1

4I1

Regulation 2 of and the Schedules to the Feed (Specified Undesirable Substances) Regulations (Northern Ireland) 2006f1

5I1

The Feed (Specified Undesirable Substances) Regulations (Northern Ireland) 2007f1

6I1

The Feeding Stuffs (Amendment) Regulations (Northern Ireland) 2008f1

7I1

The Feeding Stuffs (Amendment) Regulations (Northern Ireland) 2009f1

8I1

The Feed (Specified Undesirable Substances) Regulations (Northern Ireland) 2009f1

9I1

Regulations 10, 13, 14 and 24 of, and Schedule 2 to, the Feed (Sampling and Analysis and Specified Undesirable Substances) Regulations (Northern Ireland) 2010f1

Explanatory note

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .