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The Feed (Sampling and Analysis and Specified Undesirable Substances) Regulations (Northern Ireland) 2010

S.R. 2010/323 · Made 17 September 2010 · Extends to Northern Ireland

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

Agriculture

Made 17th September 2010

Coming into operation 11th October 2010

The Department of Health, Social Services and Public Safetyf1 makes the following Regulations in exercise of the powers conferred on it by sections 66(1), 74A, 79(9) and 84 of the Agriculture Act 1970f2, as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) Regulations (Northern Ireland) 2000f3.

In so far as these Regulations cannot be made under the powers contained in the Agriculture Act 1970, the Department of Health, Social Services and Public Safety makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f4.

The Department of Health, Social Services and Public Safety has been designated for the purposes of section 2(2) in relation to measures in the veterinary and phytosanitary fields for the protection of public healthf5, the common agricultural policy of the European Communityf6 and measures relating to feed produced for or fed to food-producing animalsf7.

There has been consultation during the preparation of these Regulations in accordance with the requirements of section 84(1) of the Agriculture Act 1970 or, as appropriate, 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 safetyf8.

Annotations to the whole text

Footnotes

f1

Formerly the Department of Health and Social Services; See S.I. 1999/283 (N.I. 1), Article 3

f2

1970 c.40; sections 66(1) and 84 are modified in their application to Northern Ireland by section 86 of the Act and were amended by S.R. 2004 No. 506; section 74A was inserted by paragraph 6 of Schedule 4 to the European Communities Act 1972 (c. 68)

f3

S.R. 2000 No. 78

f4

1972 c. 68

f5

S.I. 1999/2027

f6

S.I. 2000/2812

f7

S.I. 2003/2901

f8

OJ No. L31, 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 (OJ No. L188, 18.7.2009, p.14)

Contents

  1. Part 1: General and introductory
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Prescribed metric substitution
  5. Part 2: Miscellaneous requirements relating to sampling and analysis
  6. 4Methods of sending a final sample
  7. 5Analysis other than in the course of official controls Repealed
  8. 6Form of certificate of analysis Repealed
  9. Part 3: Amendment and modification of other legislation with regard to sampling and analysis
  10. 7Amendment or modification of the Act
  11. 8Amendment or modification of the Act
  12. 9Amendment or modification of the Act
  13. 10Amendment or modification of the Act Repealed
  14. 11Amendment or modification of the Act
  15. 12Amendment or modification of the Act
  16. 13Amendment or modification of the Act Repealed
  17. 14Amendment or modification of the Act Repealed
  18. 15Amendment or modification of the Act
  19. 16Amendment or modification of the Act
  20. 17Amendment or modification of the Act
  21. 18Amendment or modification of the Act
  22. 19Amendment or modification of the Act
  23. 20Amendment of the Feed Hygiene Regulations Repealed
  24. 21Amendment of the GM Feed Regulations Repealed
  25. 22Amendment of the Official Feed and Food Controls Regulations (Northern Ireland) 2009 Repealed
  26. 23Revocations
  27. Part 4: Undesirable substances
  28. 24Amendment of the Feeding Stuffs Regulations (Northern Ireland) 2005 Repealed
  29. Signature
  30. Schedule 1Form of Certificate of Analysis Repealed
  31. Schedule 2Entries to be substituted in Chapter A of Schedule 5 to the Feeding Stuffs Regulations (Northern Ireland) 2005 Repealed
  32. Schedule 3Revocations
  33. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Feed (Sampling and Analysis and Specified Undesirable Substances) Regulations (Northern Ireland) 2010 and come into operation on 11th October 2010.

2InterpretationI1

(1)

In these Regulations —

  • “the Act” means the Agriculture Act 1970;

  • “Regulation 152/2009” means Commission Regulation (EC) No.152/2009 laying down the methods of sampling and analysis for the official control of feedf1;

  • “the Feed Hygiene Regulations” means the Feed (Hygiene and Enforcement) Regulations (Northern Ireland) 2005f2;

  • “the GM Feed Regulations” means the Genetically Modified Animal Feed Regulations (Northern Ireland) 2004f3;

  • “analyst” means an agricultural analyst or deputy agricultural analyst.

(2)

Any expression used in these Regulations and Regulation 152/2009 has the meaning in these Regulations that it bears in Regulation 152/2009.

(3)

Any reference to a numbered section is a reference to the section so numbered in the Act as modified by these Regulations.

(4)

The Interpretation Act (Northern Ireland) 1954f4 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

3Prescribed metric substitutionI1

For the purposes of its application to feeding stuffs, the Act shall be read as if —

(a)

in section 68(2)(b) the words “to sales in quantities of not more than 25 kilograms” were substituted for the words “to sales of small quantities (that is to say, sales in quantities of not more than fifty six pounds or the prescribed metric substitution)”; and

(b)

in section 76(5) the words “six kilograms” were substituted for the words “fourteen pounds or the prescribed metric substitution”.

4Methods of sending a final sample

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

may be sent by any appropriate method or delivered by hand.

5Analysis other than in the course of official controlsF1

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

6Form of certificate of analysisF1

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

7Amendment or modification of the ActI1

The Act is amended or as the case may be modified in accordance with regulations 8 to 19.

8Amendment or modification of the ActI1

In section 66(1) (interpretation of Part IV), insert at the appropriate place the following definitions —

  • ““final sample” has the meaning that it bears in Annex I to Regulation 152/2009;”;

9Amendment or modification of the ActI1

Section 68 (duty of seller to give statutory statement) in so far as it applies in relation to feeding stuffs shall apply as if —

(a)

in subsection (4)(b) “final sample” were substituted for “sampled portion”; and

(b)

in subsection (5) —

(i)

“final sample” were substituted for “sample taken from the portion in question”, and

(ii)

“in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”.

10Amendment or modification of the ActF1

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

11Amendment or modification of the ActI1

Section 70 (use of names or expressions with prescribed meanings) in so far as it applies in relation to feeding stuffs shall apply as if —

(a)

in subsection (2) “final sample” were substituted for “sampled portion”; and

(b)

in subsection (4) —

(i)

“final sample” were substituted for “sampled portion”, and

(ii)

“that sample” were substituted for “the sample taken from that portion”.

12Amendment or modification of the ActI1

Section 71 (particulars to be given of certain attributes if claimed to be present) in so far as it applies in relation to feeding stuffs shall apply as if —

(a)

in subsection (2)(b) “final sample” were substituted for “sampled portion”; and

(b)

in subsection (3) —

(i)

“final sample” were substituted for “sampled portion”, and

(ii)

“that sample” were substituted for “the sample taken from that portion”.

13Amendment or modification of the ActF1

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

14Amendment or modification of the ActF1

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

15Amendment or modification of the ActI1

Section 75 (purchaser’s right to have sample taken and analysed) in so far as it applies in relation to feeding stuffs shall apply as if in subsection (1) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”.

16Amendment or modification of the ActI1

Section 76 (inspector’s power to enter premises and take samples) in so far as it applies in relation to feeding stuffs shall apply as if —

(a)

in subsection (1) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”; and

(b)

for subsection (4) the following were substituted —

“(4)

Without prejudice to any other power or duty as to the taking of samples, an inspector may for the purposes of this Part of this Act take a sample of any material which has been sold for use as a feeding stuff or which he has reasonable cause to believe to be intended for sale as such.”.

17Amendment or modification of the ActI1

Section 77 (division of samples and analysis by agricultural analyst) in so far as it applies in relation to feeding stuffs shall apply as if —

(a)

for subsection (1) the following were substituted —

“(1)

Where an inspector has taken a sample and prepared and packaged final samples in accordance with Regulation 152/2009 the inspector, in addition to sending a final sample to an agricultural analyst in Northern Ireland in accordance with the requirements of paragraph 8 of Annex I to that Regulation —

(a)

shall send one final sample —

(i)

where the sample was taken pursuant to the request of a purchaser under section 75 of this Act, to the seller or his agent;

(ii)

in any other case, to the person on whose premises the sample was taken, or, if the person on whose premises the sample was taken purchased the material in question for use and not for resale, to the seller or his agent; and

(b)

subject to section 78 of this Act, shall retain at least one final sample for nine months.”;

(b)

for subsection (2) the following were substituted —

“(2)

If the person who manufactured any material of which an inspector has taken a sample as mentioned in subsection (1) is not a person to whom a final sample is required to be sent under that subsection, the inspector shall send a final sample to the manufacturer unless the inspector does not know and is unable after making reasonable inquiries to ascertain before the expiration of fourteen days from the date when the sample was taken —

(a)

the manufacturer’s name, or

(b)

any address of the manufacturer in the United Kingdom.”;

(c)

in subsection (3) —

(i)

“final sample” were substituted for “part of a sample”, and

(ii)

“in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”; and

(d)

in subsection (4) —

(i)

“final sample” were substituted in each case for “part of a sample” or “part of the sample” as the case may be,

(ii)

“in such manner, if any, as may be prescribed” were omitted,

(iii)

“subsection (1)” were substituted for “subsection (1)(a)”, and

(iv)

in paragraph (b) “subsection (1)(a)(ii)” were substituted for “subsection (1)(b)(ii)”.

18Amendment or modification of the ActI1

Section 78 (further analysis by Chief Agricultural Analyst) in so far as it applies in relation to feeding stuffs shall apply as if —

(a)

in subsection (1) —

(i)

for paragraph (a) the following were substituted —

“(a)

to send the final sample retained by the inspector under section 77(1)(b) of this Act (as that section is modified by regulation 17(a) of the Feed (Sampling and Analysis and Specified Undesirable Substances) Regulations (Northern Ireland) 2010) (“the retained sample”) to the Chief Agricultural Analyst for analysis;”, and

(ii)

in paragraph (b) “retained sample” were substituted for “remaining part” and “that sample” were substituted for “that part”;

(b)

in subsection (2) —

(i)

“in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”,

(ii)

in paragraph (a)(i) “retained sample” were substituted for “remaining part of the sample”,

(iii)

in paragraph (a)(ii) “retained sample, whether that sample” were substituted for “remaining part, whether that part”, and

(iv)

in paragraph (b) “the retained sample” were substituted for “that remaining part”;

(c)

in subsection (4) —

(i)

“in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”, and

(ii)

“retained sample” were substituted for “remaining part of the sample”;

(d)

in subsection (5) —

(i)

“part of a” were omitted,

(ii)

in paragraph (a) “part of the” were omitted, and

(iii)

in paragraph (b) “the retained sample” were substituted for “the part”; and

(e)

in subsection (6) —

(i)

“in such manner, if any, as may be prescribed any part of” were omitted, and

(ii)

“the sample” were substituted for “the part”.

19Amendment or modification of the ActI1

Section 79 (supplementary provisions relating to samples and analysis) in so far as it applies in relation to feeding stuffs shall apply as if in subsection (3) —

(a)

“is specified by Regulation 152/2009 or” were inserted after “quality of any material”; and

(b)

“the method so specified or prescribed” were substituted for “the method prescribed”.

20Amendment of the Feed Hygiene RegulationsF1

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

21Amendment of the GM Feed RegulationsF1

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

22Amendment of the Official Feed and Food Controls Regulations (Northern Ireland) 2009F1

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

23RevocationsI1

The Regulations or parts thereof listed in Schedule 3 are revoked.

24Amendment of the Feeding Stuffs Regulations (Northern Ireland) 2005F1

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

Signature

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 17th September 2010.

L.S.

L. Devlin

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

Schedule 1Form of Certificate of AnalysisF1

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

Schedule 2Entries to be substituted in Chapter A of Schedule 5 to the Feeding Stuffs Regulations (Northern Ireland) 2005F1

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

Schedule 3RevocationsI1

  • The Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999f1

  • The Feeding Stuffs (Sampling and Analysis) (Amendment) Regulations (Northern Ireland) 2001 f2

  • The Feeding Stuffs (Amendment) Regulations (Northern Ireland) 2002f3

  • Regulations 2 to 7 of the Feeding Stuffs (Sampling and Analysis) and Feeding Stuffs (Enforcement) (Amendment) Regulations (Northern Ireland) 2003f4

  • The Feeding Stuffs (Sampling and Analysis) (Amendment) Regulations (Northern Ireland) 2004f5

  • Regulation 23 of the Feeding Stuffs Regulations (Northern Ireland) 2005f6

  • Regulation 3 of the Feeding Stuffs and the Feeding Stuffs (Sampling and Analysis) (Amendment) Regulations (Northern Ireland) 2006 f7

Explanatory note

(This note is not part of the Regulations)

1

These Regulations provide for the execution of Commission Regulation (EC) No. 152/2009 laying down the methods of sampling and analysis for the official control of feed, (“the Commission Regulation”). The Commission Regulation repeals and re-enacts with certain amendments a large number of European directives concerning methods of sampling and analysis of feeding stuffs. The Regulations revoke the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999, which implemented those directives, and re-enact those administrative provisions of the 1999 Regulations which need to be kept in operation.

2

These Regulations also, in Part 4, amend the Feeding Stuffs Regulations (Northern Ireland) 2005 in order to implement Commission Directive 2009/141/EC amending Annex 1 to Directive 2002/32/EC of the European Parliament and of the Council as regards maximum levels for arsenic, theobromine, Datura sp., Ricinus communis L., Croton tiglium L. and Abrus precatorius L., (“the Commission Directive”).

3

The Regulations put in place administrative and other measures for the execution of the Commission Regulation, in particular —

(a)

providing for metric equivalents of imperial quantities mentioned in the Agriculture Act 1970 (regulation 3);

(b)

prescribing the methods of sending samples for analysis (regulation 4);

(c)

providing for the methods to be used where an analysis is carried out other than in the context of official controls (regulation 5); and

(d)

prescribing the form to be used for a certificate of analysis (regulation 6 and Schedule 1).

4

The Regulations in Part 3 make textual changes to primary and secondary legislation in order to avoid any instances of overlap or inconsistency between the Commission Regulation and domestic legislation (regulations 7 to 22).

5

The Regulations implement the Commission Directive by amending provisions of the Feeding Stuffs Regulations (Northern Ireland) 2005 concerning undesirable substances in animal feeds, notably in relation to maximum permitted levels for the substances mentioned in the title to the Commission Directive as set out in paragraph 2 above (regulation 24 and Schedule 2).