OpenLegislation

The Animal Feed (Scotland) Regulations 2010

S.S.I. 2010/373 · Made 27 October 2010 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2023.

Agriculture

Made 27th October 2010

Laid before the Scottish Parliament 29th October 2010

Coming into force 23rd November 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 66(1), 68(1), 74A(1), (2) and (4) 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 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers 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 consultation as required by section 84(1) of the Agriculture Act 1970 with such persons or organisations appearing to represent the interests concerned and as required 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 M3.

Annotations to the whole text

Marginal citations

M1

1970 c.40. Section 66(1) contains definitions of the expressions “the Ministers”, “prescribed” and “regulations” and was relevantly amended by S.I. 2004/3254 and S.S.I. 2010/354. 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. Functions of the Secretary of State, in so far as exercisable within devolved competence, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46). In so far as not so transferred and in so far as relating to animal feeding stuffs, which are not veterinary medicinal products or specified feed additives as defined in the Veterinary Medicines Regulations 2005 (S.I. 2005/2745), relevant functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304).

M2

1972 c.68. Section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46), section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act and amended by Part 1 of the Schedule to the 2008 Act. The functions conferred on a Minister of the Crown under section 2(2) of the 1972 Act, in so far as exercisable within devolved competence, were transferred to the Scottish Ministers by section 53 of the 1998 Act. In so far as not so transferred and in so far as relating to animal feeding stuffs, which are not veterinary medicinal products or specified feed additives as defined in the Veterinary Medicines Regulations 2005 (S.I. 2005/2745), relevant functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304).

M3

O.J. No. L 31, 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 (O.J. No. L 188, 18.7.2009, p.14).

Contents

  1. Part 1: Introductory and general
  2. 1Citation, extent and commencement
  3. 2Interpretation and scope
  4. Part 2: Marketing and use of feed
  5. 3Interpretation of this Part and Schedule 1
  6. 4Enforcement of requirements of Regulation 767/2009
  7. 5Competent authority for the purposes of Regulation 767/2009
  8. Part 3: Feed additives
  9. 6Interpretation of this Part
  10. 7Enforcement of requirements of Regulation 1831/2003
  11. Part 4: Undesirable substances in feed
  12. 8Interpretation of this Part
  13. 9Control of animal feeds containing undesirable substances
  14. Part 5: Enforcement of Regulation 2020/354
  15. 10Interpretation of this Part
  16. 11Offence of failing to comply with a specified provision of Regulation 2020/354
  17. Part 6: Administration and enforcement
  18. 12Penalties for offences under these Regulations
  19. 13Duties to enforce
  20. 13ADelegation by the feed authority
  21. Part 7: Amendments and modifications to the Agriculture Act 1970
  22. 14Amendments and modifications to the Agriculture Act 1970
  23. Part 8: Amendments to Regulations
  24. 15Amendment of the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005
  25. 16Amendment of the Official Feed and Food Controls (Scotland) Regulations 2009
  26. 17Revocations
  27. 18Transitional provisions
  28. Signature
  29. Schedule 1SPECIFIED PROVISIONS OF REGULATION 767/2009
  30. Schedule 2: REVOCATIONS
  31. 1Paragraph 1
  32. 2Paragraph 2
  33. 3Paragraph 3
  34. 4Paragraph 4
  35. 5Paragraph 5
  36. 6Paragraph 6
  37. 7Paragraph 7
  38. 8Paragraph 8
  39. 9Paragraph 9
  40. Schedule 3Categories of feed materials which may be indicated in place of individual feed materials on the packaging, container or label of compound feedingstuffs for pet animals
  41. Schedule 4Maximum levels of undesirable substances
  42. Schedule 5Action thresholds triggering investigations: dioxins and PCBs
  43. Explanatory note