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THE FEED (HYGIENE AND ENFORCEMENT) AND ANIMAL FEED (SCOTLAND) AMENDMENT REGULATIONS 2013

Scottish Statutory Instruments

Version as made

2013 No. 340


  • Version as made

Introductory Text

Scottish Statutory Instruments

2013 No. 340

Agriculture

The Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013

Made

27th November 2013

Laid before the Scottish Parliament

28th November 2013

Coming into force

12th January 2014

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(1) 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 any reference to an Annex to the EU instrument referred to in regulation 2(2)(b) to be construed as a reference to that Annex as amended from time to time.

There has been 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 safety(2).

Citation and commencement

1.  These Regulations may be cited as the Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013 and come into force on 12th January 2014.

Amendment of the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005

2.  (1)   The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005(3 ) are amended in accordance with paragraphs (2) to (4).

(2)  In regulation 2 (interpretation) —
(a) in paragraph (1) for the definition of “Regulation 183/2005” substitute— ““Regulation 183/2005” means Regulation (EC) No 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene(4 ) ;”; and
(b) after paragraph (4) insert—
“(5)   Any reference in these Regulations to an Annex to Regulation 183/2005 is a reference to that Annex as amended from time to time.”.
(3)  For regulation 4 (competent authorities) substitute— “Competent authorities
4.   (1)    The competent authorities for the purposes of Regulation 183/2005 are—
(a) in respect of Articles 9(1) and (3) , 18(3) , 20(2) , 21(1) and 22(2) (b) , the Agency and the feed authority;
(b) in respect of Articles 7, 9(2) , 10, 13, 14, 15, 16, 17, 18(1) , (2) and (4) and 19(2) , the feed authority; and
(c) in respect of Article 19(1) , the Agency.
(2)   The competent authorities for the purposes of the section headed “DIOXIN MONITORING” in Annex II to Regulation 183/2005 are—
(a) in respect of paragraph 2(e) , the feed authority; and
(b) in respect of paragraph 7, the feed authority and the Agency.”.
(4)  For Schedule 2 (fees payable for approval) substitute the Schedule 2 in Schedule 1 to these Regulations. Amendment of the Animal Feed (Scotland) Regulations 2010
3.  (1)   The Animal Feed (Scotland) Regulations 2010(5 ) are amended in accordance with paragraphs (2) to (4).

(2)  In regulation 2 (interpretation and scope) —
(a) in paragraph (1) , omit the definition of “Regulation 242/2010”; and
(b) for paragraph (3) substitute—
“(3)   Any reference to an Annex to Directive 82/475, Directive 2002/32, Directive 2008/38 or Regulation 767/2009 is a reference to that Annex as it may be amended from time to time.”.
(3)  For paragraph (1) of regulation 4 (enforcement of requirements of Regulation 767/2009) , substitute—
“(1)   Subject to the transitional provisions contained in Article 32, any person who—
(a) contravenes or fails to comply with the provisions of Regulation 767/2009 specified in Schedule 1; or
(b) places on the market or uses any feed that fails to comply with Article 6(1) or 8, commits an offence.”.
(4)  For Schedule 1 (specified provisions of Regulation 767/2009) substitute the Schedule 1 in Schedule 2 to these Regulations.

Consequential Amendment

4.  In the Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2009(6 ) , omit regulation 2(3) (amendment of the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005). RICHARD LOCHHEADA member of the Scottish GovernmentSt Andrew’s House,Edinburgh27th November 2013