Regulation 6 Application of methods of analysis

(1)

Subject to paragraph (2) below, for the purpose of determining whether a substance of a class or description–

(a)

listed in column 1 of Annex I to Part II of Schedule 2, or

(b)

to which the method of analysis specified in Annex II, or the method specified in Annex III, to that Part relates–

is present or active in a sample of a feeding stuff to be analysed pursuant to the Act, or what quantity or proportion of such a substance is present or active as aforesaid, the provisions specified in Part I of that Schedule under the heading “GENERAL PROVISIONS” shall apply, and–

(i)

in relation to a substance of a class or description listed (whether by itself or by reference to its activity) in column 1 of Annex I to Part II of that Schedule, the relevant method of analysis set out in the European Community provision in force specified in the corresponding entry in columns 2 and 3 of that Annex shall be used, and

(ii)

in relation to a substance to which the method of analysis specified in Annex II, or the method specified in Annex III, to Part II of that Schedule relates, the method applicable to that substance shall be used

and, where more than one method is set out in columns 2 and 3 of Annex I to Part II of that Schedule in relation to the same substance, the notes to that Annex shall have effect to specify which is the relevant method.

(2)

After 31st October 1999, paragraph (1) above shall cease to apply to the following substances listed in column 1 of Annex I to Part II of Schedule 2–

(a)

menadione (vitamin K3);

(b)

theobromine;

(c)

vitamin A; and

(d)

volatile mustard oil,

and shall cease to apply to starch insofar as it falls to by analysed by the pancreatic method as mentioned in the notes to that Annex.

(3)

Where microscopic examination is carried out in order to–

(a)

determine whether any constituent of animal origin is present in a sample of a feeding stuff to by analysed pursuant to the Act; or

(b)

estimate the quantity of any such constituent present in any such sample,

then–

(i)

the general provisions specified in Part I of Schedule 2 shall apply, and

(ii)

the procedure set out in Commission Directive 98/88/EC establishing guidelines for the microscopic identification and estimation of constituents of animal origin for the official control of feeding stuffs^f1 shall be used.

(4)

Where a sample of a feeding stuff is to be analysed pursuant to the Act and neither paragraph (1) above nor paragraph (3) above applies–

(a)

if there is an applicable standard of the kind referred to in the first indent of Article 18.3 of Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition^f2 (as amended), analysis shall be carried out in accordance with that standard.

(b)

if there is no such standard, it shall be carried out in accordance with any scientifically valid method the application of which does not contravene any general principle of the Treaty establishing the European Community.

Annotations

Footnotes

f1: OJ No. L318, 27.11.98, p. 45.
f2: OJ No. L265, 8.11.95, p. 17, amended by Council Directive 1999/20/EC (OJ No. L80, 25.3.1999, p. 20).