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

W.S.I. 2010/2287 · Made 15 September 2010 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 12 May 2016.

AGRICULTURE, WALES

Made 15 September 2010

Laid before the National Assembly for Wales 17 September 2010

Coming into force 11 October 2010

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 66(1), 67(5), 74A, 79(9) and 84 of the Agriculture Act 1970 M1, and under section 2(2) of the European Communities Act 1972 M2.

The Welsh Ministers are designated for the purposes of section 2(2) in relation to measures in the veterinary and phytosanitary fields for the protection of public health M3, the common agricultural policy of the European Union M4 and measures relating to feed produced for or fed to food-producing animals M5.

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 safety M6.

Annotations to the whole text

Marginal citations

M1

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 the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c. 32).

M2

1972 c. 68.

M3

S.I. 2008/1792.

M4

S.I. 2005/2766. Functions of the National Assembly for Wales under this designation and the designation under S.I. 2005/1971 were transferred to the Welsh Ministers by paragraphs 28 and 30 of Schedule 11 to the Government of Wales Act 2006.

M5

S.I. 2005/1971.

M6

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. 1Title, application 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 Repealed
  7. 5Qualifications of analysts Repealed
  8. 6Analysis other than in the course of official controls Repealed
  9. 7Form of certificate of analysis Repealed
  10. Part 3: Amendment and modification of other legislation with regard to sampling and analysis
  11. 8Amendment or modification of the Act
  12. 9Regulation 9
  13. 10Regulation 10
  14. 11Regulation 11 Repealed
  15. 12Regulation 12
  16. 13Regulation 13
  17. 14Regulation 14 Repealed
  18. 15Regulation 15 Repealed
  19. 16Regulation 16
  20. 17Regulation 17
  21. 18Regulation 18
  22. 19Regulation 19
  23. 20Regulation 20
  24. 21Amendment of the Feed Hygiene Regulations Repealed
  25. 22Amendment of the Genetically Modified Animal Feed (Wales) Regulations 2004 Repealed
  26. 23Amendment of the Official Feed and Food Controls (Wales) Regulations 2009 Repealed
  27. 24Revocation
  28. Part 4: Undesirable substances
  29. 25Amendment of the Feeding Stuffs (Wales) Regulations 2006 Repealed
  30. Signature
  31. Schedule 1: Form of Certificate of Analysis Repealed
  32. Paragraph Repealed
  33. 1Paragraph 1 Repealed
  34. 2Paragraph 2 Repealed
  35. 3Paragraph 3 Repealed
  36. 4Paragraph 4 Repealed
  37. 5Paragraph 5 Repealed
  38. 6Paragraph 6 Repealed
  39. 7Paragraph 7 Repealed
  40. 8Paragraph 8 Repealed
  41. Schedule 2Entries to be substituted in Chapter A of Schedule 5 to the Feeding Stuffs (Wales) Regulations 2006 Repealed
  42. Schedule 3Entries to be substituted in Chapter B of Schedule 5 to the Feeding Stuffs (Wales) Regulations 2006 Repealed
  43. Schedule 4Entries to be substituted in Chapter C of Schedule 5 to the Feeding Stuffs (Wales) Regulations 2006 Repealed
  44. Explanatory note

1Title, application and commencement

The title of these Regulations is the Feed (Sampling and Analysis and Specified Undesirable Substances) (Wales) Regulations 2010, they apply in relation to Wales and come into force on 11 October 2010.

2Interpretation

(1)

In these Regulations—

  • “the Act” (“y Ddeddf”) means the Agriculture Act 1970;

  • “Regulation 152/2009” (“Rheoliad 152/2009”) means Commission Regulation (EC) No. 152/2009 laying down the methods of sampling and analysis for the official control of feed M1;

  • “the Feed Hygiene Regulations” (“y Rheoliadau Hylendid Bwyd Anifeiliaid”) means the Feed (Hygiene and Enforcement) (Wales) Regulations 2005 M2;

  • “the GM Feed Regulations” (“y Rheoliadau Bwyd Anifeiliaid AE”) means the Genetically Modified Animal Feed (Wales) Regulations 2004 M3; and

  • “analyst” (“dadansoddwr”) means an agricultural analyst or deputy agricultural analyst.

(2)

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

3Prescribed metric substitution

For the purposes of its application to feeding stuffs, the Act is to 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 sampleF1

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5Qualifications of analystsF1

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6Analysis other than in the course of official controlsF1

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7Form of certificate of analysisF1

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8Amendment or modification of the Act

The Act is amended or as the case may be modified in accordance with regulations 9 to 20.

9

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; ”;

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

10

Section 68 (duty of seller to give statutory statement) in so far as it applies in relation to feeding stuffs will 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 ”.

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12

Section 70 (use of names or expressions with prescribed meanings) in so far as it applies in relation to feeding stuffs will 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 ”.

13

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 will 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 ”.

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16

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

17

Section 76 (inspector's power to enter premises and take samples) in so far as it applies in relation to feeding stuffs will 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.”.

18

Section 77 (division of samples and analysis by agricultural analyst) in so far as it applies in relation to feeding stuffs will 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 the agricultural analyst for the inspector's area 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 he 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) ”.

19

Section 78 (further analysis by Government Chemist) in so far as it applies in relation to feeding stuffs will 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 18(a) of the Feed (Sampling and Analysis and Specified Undesirable Substances) (Wales) Regulations 2010) (“the retained sample”) to the Government Chemist 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 ”.

20

Section 79 (supplementary provisions relating to samples and analysis) in so far as it applies in relation to feeding stuffs will 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 ”.

21Amendment of the Feed Hygiene RegulationsF1

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22Amendment of the Genetically Modified Animal Feed (Wales) Regulations 2004F1

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

23Amendment of the Official Feed and Food Controls (Wales) Regulations 2009F1

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

24Revocation

The Feeding Stuffs (Sampling and Analysis) Regulations 1999 M1 are revoked.

25Amendment of the Feeding Stuffs (Wales) Regulations 2006F1

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

Signature

Gwenda Thomas

Deputy Minister for Social Services, under authority of The Minister for Health and Social Services, one of the Welsh Ministers

15 September 2010

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Schedule 2Entries to be substituted in Chapter A of Schedule 5 to the Feeding Stuffs (Wales) Regulations 2006F1

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Schedule 3Entries to be substituted in Chapter B of Schedule 5 to the Feeding Stuffs (Wales) Regulations 2006F1

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Schedule 4Entries to be substituted in Chapter C of Schedule 5 to the Feeding Stuffs (Wales) Regulations 2006F1

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Explanatory note

(This note is not part of the Regulations)

1

These Regulations provide for the execution in Wales of Commission Regulation (EC) No. 152/2009 laying down the methods of sampling and analysis for the official control of feed (OJ No. L54, 26.2.2009, p.1), (“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 (in relation to Wales) the Feeding Stuffs (Sampling and Analysis) Regulations 1999 (S.I. 1999/1663, amended by S.I. 2001/2253 (W.163), S.I. 2002/1797 (W.172), S.I. 2003/1677 (W.180), S.I. 2003/1850 (W.200), S.I. 2004/2734 (W.241), S.I. 2006/116 (W.14) and S.I. 2006/617 (W.69)), which implemented those directives, and re-enact those administrative provisions of the 1999 Regulations which need to be kept in force.

2

These Regulations also, in Part 4, amend the Feeding Stuffs (Wales) Regulations 2006 (S.I. 2006/116 (W.14), previous amending instruments are S.I. 2006/617 (W.69), S.I. 2006/2928 (W.263), S.I. 2006/3256 (W.296), S.I. 2007/3171 (W.277), S.I. 2008/1806 (W.174), S.I. 2009/106 (W.20) and S.I. 2009/2881 (W.254)), 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., (OJ No. L308, 24.11.2009, p.20) (“the Commission Directive”).

3

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

(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)

prescribing the required qualifications for agricultural analysts (regulation 5);

(d)

providing for the methods to be used where an analysis is carried out other than in the context of official controls (regulation 6); and

(e)

prescribing the form to be used for a certificate of analysis (regulation 7 and Schedule 1).

4

The Regulations in Part 3 make textual amendments to primary and secondary legislation in order to avoid any instances of overlap or inconsistency between the Commission Regulation and domestic legislation (regulations 8 to 23) and revoke the 1999 Regulations (regulation 24).

5

The Regulations implement the Commission Directive by amending provisions of the Feeding Stuffs (Wales) Regulations 2006 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 25 and Schedules 2, 3 and 4).

6

A regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations and is available from the Food Standards Agency, 11th Floor, Southgate House, Cardiff CF10 1EW.