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The Feeding Stuffs (Amendment) (Wales) Regulations 2003

W.S.I. 2003/989 · Made 2 April 2003 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 25 January 2006.

AGRICULTURE, WALES

Made 2nd April 2003

Coming into force 1st May 2003

The National Assembly for Wales, being designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to the common agricultural policy of the European Union, in exercise of the powers conferred on him by that section, after consultation 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 safetyf3, makes the following Regulations:

Annotations to the whole text

Textual amendments

F1

Regulations revoked for specified purposes (25.1.2006) by The Feeding Stuffs (Wales) Regulations 2006 (revoked) 2006 (S.I. 2006/116), reg. 1, Sch. 9

Footnotes

f1

S.I. 1999/2788.

f2

1972 c. 68.

f3

OJ No. L31, 1.2.2002, p.1. Under Article 3 of Regulation (EC) No. 178/2002 (OJ No. L31, 1.2.2002, p.1) “food law” extends to feed produced for, or fed to, food producing animals.

Contents

  1. 1Title, commencement and extent
  2. 2Amendment of the Feeding Stuffs (Wales) Regulations 2001
  3. 3Regulation 3
  4. 4Regulation 4
  5. 5Regulation 5
  6. 6Regulation 6
  7. 7Amendment of the Feeding Stuffs (Enforcement) Regulations 1999
  8. 8Amendment of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999
  9. Signature
  10. Schedule PROVISIONS SUBSTITUTED FOR PART IX OF THE TABLE TO SCHEDULE 3 TO THE FEEDING STUFFS (WALES) REGULATIONS 2001
  11. Explanatory note

1Title, commencement and extentF1I1

(1)

These Regulations may be cited as the Feeding Stuffs (Amendment) (Wales) Regulations 2003 and shall come into force on 1st May 2003.

(2)

These Regulations shall apply to Wales only.

2Amendment of the Feeding Stuffs (Wales) Regulations 2001F1I1

The Feeding Stuffs (Wales) Regulations 2001f1 shall be amended in accordance with regulations 3 to 6.

3I1F1

In regulation 2 (interpretation), after the definition of “energy value” in paragraph (1) there shall be inserted the following definition —

  • ““the Enforcement Directive” (“y Gyfarwyddeb Gorfodi”) means Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutritionf1 as amended by Council Directive 1999/20/ECf2, Directive 2000/77/EC of the European Parliament and of the Councilf3 and Directive 2001/46/EC of the European Parliament and of the Councilf4;”.

4I1F1

In each of regulations 7(1) and 24(1), for the expression “and the Feeding Stuffs (Amendment) (Wales) Regulations 2002” there shall be substituted the expression “, the Feeding Stuffs (Amendment) (Wales) Regulations 2002 and the Feeding Stuffs (Amendment) (Wales) Regulations 2003.”.

5I1F1

In regulation 12 (control of feeding stuffs and feed materials containing undesirable substances), for paragraph (9) there shall be substituted the following paragraph —

“(9)

Where a person to whom the first paragraph of Article 16a of the Enforcement Directive applies has evidence that any feed material specified in column 2 of Chapter A of Part II of Schedule 7, which he has brought into Wales from a third country or put into circulation and which he holds or owns, contains any substance specified in column 1 of that Chapter in excess of the level specified in relation to it in column 3 of that Chapter, he shall —

(a)

notify the Food Standards Agency and the authority which, by virtue of section 67(1A), has the duty to enforce Part IV of the Act in relation to the feed material concerned; and

(b)

supply them with the information specified in the second paragraph of Article 16a of the Enforcement Directive.”.

6I1F1

In Schedule 3 (permitted additives and provisions relating to their use) —

(a)

for the footnote to Part VII of the Table (permitted preservatives) there shall be substituted the following footnote —

“(1)

Note also that (as referred to in Part IX of this Table) one preservative is permitted by virtue of Commission Regulation (EC) No. 1594/1999f1 and one by Commission Regulation (EC) No. 1252/2002f2.”; and

(b)

for the provisions in Part IX of the Table (European Community Regulations by which additives are controlled) there shall be substituted the provisions set out in the Schedule to these Regulations.

7Amendment of the Feeding Stuffs (Enforcement) Regulations 1999F1I1

(1)

Insofar as they apply to Wales, the Feeding Stuffs (Enforcement) Regulations 1999f1 shall be amended in accordance with paragraphs 2 and 3 of this regulation.

(2)

In each of the provisions specified in paragraph 3, for the expression “and the Feeding Stuffs (Amendment) (Wales) Regulations 2002” there shall be inserted the expression “, the Feeding Stuffs (Amendment) (Wales) Regulations 2002 and the Feeding Stuffs (Amendment) (Wales) Regulations 2003”.

(3)

The provisions are regulations 7(2) and (4), the text of subsection (8) of section 67 of the Agriculture Act 1970f2 shown as modified by regulation 9 and the text of subsection (17) of section 76 of that Act shown as modified by regulation 10.

8Amendment of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999F1I1

(1)

Insofar as they apply to Wales, the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999f1 shall be amended in accordance with paragraph 2 of this regulation.

(2)

In paragraph (2) of regulation 2 (definition of “feedingstuff” and related definitions and general interpretation), at the end of the definition of “Directive 95/53” there shall be added the words “, Directive 2000/77/EC of the European Parliament and of the Council and Directive 2001/46/EC of the European Parliament and of the Council”.

Signature

F1Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998f1

D. Elis-Thomas

The Presiding Officer of the National Assembly

2nd April 2003

PROVISIONS SUBSTITUTED FOR PART IX OF THE TABLE TO SCHEDULE 3 TO THE FEEDING STUFFS (WALES) REGULATIONS 2001I1F1

“PART IX

EUROPEAN COMMUNITY REGULATIONS BY WHICH ADDITIVES ARE CONTROLLEDf1

1

Certain of the above Regulations relate to additive categories which include additives controlled by the Additives Directive, and which are listed in the relevant Part(s) of Parts I to VIII of the Table to this Schedule (e.g. the preservative formic acid is covered by Regulation (EC) No. 1594/1999, but certain other preservatives are covered by Part VII of the Table).

2

OJ No. L289, 28.10.98, p.4.

3

OJ No. L188, 21.7.1999, p.35.

4

OJ No. L297, 18.11.1999, p.8. The Annex to this Regulation is now replaced by the Annex to Regulation (EC) No. 739/2000 (OJ No. L87, 8.4.2000, p.14).

5

OJ No. L155, 28.6.2000, p.15.

6

OJ No. L280, 4.11.2000, p.28.

7

OJ No. L272, 13.10.2001, p.24.

8

OJ No. L299, 15.11.2001, p.1.

9

OJ No. L41, 13.2.2002, p.6.

10

OJ No. L183, 12.7.2002, p.10.

11

OJ No. L284, 22.10.2002, p.7.

12

OJ No. L333, 10.12.2002, p.5.

Commission Regulation (EC) No. 2316/98 concerning authorisation of new additives and amending the conditions for authorisation of a number of additives already authorised in feedingstuffsf2.
Commission Regulation (EC) No. 1594/1999 amending the conditions for the authorisation of an additive in feedingstuffsf3.
Commission Regulation (EC) No. 2439/1999 on the conditions for authorisation of additives belonging to the group “binders, anti-caking agents and coagulants” in feedingstuffsf4.
Commission Regulation (EC) No. 1353/2000 concerning the permanent authorisation of an additive and the provisional authorisation of new additives, new additive uses and new preparations in feedingstuffsf5.
Commission Regulation (EC) No. 2437/2000 concerning the permanent authorisation of an additive and the provisional authorisation of new additives in feedingstuffsf6.
Commission Regulation (EC) No. 2013/2001 concerning the provisional authorisation of a new additive use and the permanent authorisation of an additive in feedingstuffsf7.
Commission Regulation (EC) No. 2200/2001 concerning provisional authorisation of additives in feedingstuffsf8.
Commission Regulation (EC) No. 256/2002 concerning the provisional authorisation of new additives, the prolongation of provisional authorisation of an additive and the permanent authorisation of an additive in feedingstuffsf9.
Commission Regulation (EC) No. 1252/2002 concerning the provisional authorisation of a new additive in feedingstuffsf10.
Commission Regulation (EC) No. 1876/2002 concerning the provisional authorisation of a new use of an additive in feedingstuffsf11.
Commission Regulation (EC) No. 2188/2002 concerning the provisional authorisation of new uses of additives in feedingstuffsf12.

”

Explanatory note

(This note is not part of the Regulations)

1.

These Regulations amend the Feeding Stuffs Regulations 2000 (S.I. 2000/2481, as already amended) which in so far as they relate to Wales, the Feeding Stuffs (Enforcement) Regulations 1999 (S.I. 1999/2325, as already amended) in so far as they relate to Wales, and the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 (S.I. 1999/1872, as already amended) in so far as they relate to Wales.

2.

These Regulations implement —

(a)

the second sub-paragraph of Article 8.2 of Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition (OJ No. L265, 8.11.95, p.17); and

(b)

Directive 2001/46/EC of the European Parliament and of the Council amending Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition and Directives 70/524/EC, 96/25/EC and 1999/29/EC on animal nutrition (OJ No. L234, 1.9.2001, p.55).

3.

These Regulations also provide for the enforcement of the following Community Regulations —

(a)

Commission Regulation (EC) No. 1252/2002 concerning the provisional authorisation of a new additive in feedingstuffs (OJ No. L183, 12.7.2002, p.10);

(b)

Commission Regulation (EC) No. 1876/2002 concerning the provisional authorisation of a new use of an additive in feedingstuffs (OJ No. L284, 22.10.2002, p.7); and

(c)

Commission Regulation (EC) No. 2188/2002 concerning the provisional authorisation of new uses of additives in feedingstuffs (OJ No. L333, 10.12.2002, p.5).

4.

These Regulations —

(a)

amend the Feeding Stuffs (Wales) Regulations 2001 by —

(i)

inserting into regulation 2 a definition of the term “the Enforcement Directive” (regulation 3),

(ii)

making consequential amendments to regulations 7(1) and 24(1) (regulation 4),

(iii)

imposing on those responsible for establishments producing products for animal nutrition an obligation to notify the Food Standards Agency and the relevant local authority, and supply them with specified information, if they have evidence that feed materials which they have imported or put into circulation contain certain undesirable substances at levels above the maximum ones prescribed (regulation 5), and

(iv)

adding three new Commission Regulations to the list of Commission Regulations under which authorisation for the marketing of feed additives has been granted, which is contained in Part IX of the Table to Schedule 3, and making a consequential amendment to the footnote to Part VII of that Table (regulation 6 and the Schedule); and

(b)

amend the Feeding Stuffs (Enforcement) Regulations 1999 by making consequential amendments to specified provisions (regulation 7), and

(c)

make consequential amendments to the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 (regulation 8).

5.

A regulatory impact assessment has been prepared for these Regulations and has been placed in the library of the National Assembly for Wales. Copies may be obtained from the Animal Feed Unit of the Food Standards Agency, 1st Floor, Southgate House, Cardiff, CF10 1EN.