The Animal Feed (Scotland) Regulations 2010

Made: 27th October 2010

Laid before the Scottish Parliament: 29th October 2010

Coming into force: 23rd November 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 66(1), 68(1), 74A(1), (2) and (4) and 84 of the Agriculture Act 1970 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 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 references to the Annexes to the EU instruments mentioned in regulation 2(3) to be construed as references to those Annexes as they may be amended from time to time.

There has been consultation as required by section 84(1) of the Agriculture Act 1970 with such persons or organisations appearing to represent the interests concerned and 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 .

PART 1 — Introductory and general

Citation, extent and commencement

1

These Regulations may be cited as the Animal Feed (Scotland) Regulations 2010, extend to Scotland only and come into force on 23rd November 2010.

Interpretation and scope

2

• (1) In these Regulations—

• “the Act” means the Agriculture Act 1970;

• ...

• ...

• “Regulation 1831/2003” means Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition;

• ...

• “Regulation 767/2009” means Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No. 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC ;

• “Regulation 2020/354” means Commission Regulation (EU) 2020/354 establishing a list of intended uses of feed intended for particular nutritional purposes and repealing Directive 2008/38/EC;

• ...

• “feed authority” means Food Standards Scotland.

• (2) Any expression used in these Regulations and in Regulation 1831/2003 , Regulation 767/2009 or Regulation 2020/354 has the meaning in these Regulations that it bears in the Regulation concerned.

• (3) Any reference to an Annex to ... Regulation 1831/2003, Regulation 2020/354 or Regulation 767/2009 is a reference to that Annex as it may be amended from time to time.

• (4) These Regulations do not apply to any feed additive in category (d) or (e) of Article 6(1) of Regulation 1831/2003, with the exception of those in the functional groups listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation .

PART 2 — Marketing and use of feed

Interpretation of this Part and Schedule 1

3

In this Part and in Schedule 1 any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in Regulation 767/2009.

Enforcement of requirements of Regulation 767/2009

4

• (1) A 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.

• (2) Where, pursuant to Article 17(2)(c) (specific mandatory labelling requirements for compound feed), the name of a specific feed material may be replaced by the name of the category to which the feed material belongs, only the categories listed in schedule 3 may be indicated.

Competent authorities for the purposes of Regulation 767/2009

5

The feed authority is the competent authority for the purposes of Regulation767/2009

PART 3 — Feed additives

Interpretation of this Part

6

In this Part any reference to a numbered Article is a reference to the Article so numbered in Regulation 1831/2003.

Enforcement of requirements of Regulation 1831/2003

7

• (1) A person commits an offence if that person contravenes or fails to comply with a provision specified in paragraph (2), as read, in the case of sub-paragraphs (a) and (c), with Article 2 (transitional provision) of Commission Regulation (EU) 2015/327 amending Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards requirements for the placing on the market and conditions of use of additives consisting of preparations.

• (2) The provisions are—

• (a) Article 3, paragraphs (1) to (4), (placing on the market, processing and use of feed additives), as read with Article 10 (status of existing products);

• (b) Article 12 (post-authorisation monitoring); and

• (c) Article 16, paragraphs (1) to (5) (labelling and packaging of additives and premixtures).

PART 4 — Undesirable substances in feed

Interpretation of this Part

8

In this Part—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) “undesirable substance” means any substance or product, not being a pathogenic agent, which is present in or on a feed and—

• (i) constitutes a potential danger to human or animal health or to the environment; or

• (ii) could adversely affect livestock production.

Control of animal feeds containing undesirable substances

9

• (1) Any person who—

• (a) places on the market any products intended for animal feed that are specified in column 2 of a table in schedule 4; or

• (b) uses any such feed,

is guilty of an offence if it contains any undesirable substance listed in column 1 of that table in excess of the relevant maximum content specified in column 3.

• (2) Any person who places on the market or uses any complementary feed is guilty of an offence if—

• (a) having regard to the quantity of it recommended for use in a daily ration, it contains any undesirable substance listed in column 1 of a table in schedule 4 in excess of the maximum content specified for it in column 3 in relation to complete feeds; and

• (b) there is no provision relating to any complementary feed in the corresponding entry in column 2 of that table.

• (3) Any person who for the purpose of dilution mixes any feed with a feed that is specified in column 2 of a table in schedule 4 and which contains any undesirable substance listed in column 1 of that table in excess of the maximum content specified for it in column 3 is guilty of an offence.

• (4) Any person who places on the market or uses any feed which is not sound and genuine and of merchantable quality is guilty of an offence.

• (5) For the purposes of paragraph (4) a feed listed in column 2 of a table in schedule 4 is not sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 of that table in excess of the maximum content specified in relation to it in column 3.

• (6) Any person who has, for the purpose of a trade or business, possession or control of any of the feeds specified in paragraph (7) shall, if required by an inspector, procure and produce to the inspector an analysis in order to demonstrate that the content of inorganic arsenic in the feed specified in that paragraph is less than 2 parts per million.

• (7) The feeds are—

• (a) palm kernel expeller;

• (b) feeds obtained from the processing of fish and other marine animals;

• (c) seaweed meal and feed materials derived from seaweed; ...

• (d) complete feeds for fish or for fur-producing animals; and

• (e) peat; leonardite.

• (8) Any person who, without reasonable excuse, fails to comply with a requirement made under paragraph (6) is guilty of an offence.

• (9) In order to reduce or eliminate sources of undesirable substances in products intended for animal feed, the feed authority must, in cooperation with feed business operators, carry out investigations to identify the sources of undesirable substances, in cases where the maximum levels are exceeded and in cases where increased levels of such substances are detected, taking into account background levels; for the purpose of ensuring a uniform approach in cases of increased levels, action thresholds to trigger investigations are set out in table in schedule 5.

PART5 — Enforcement of Regulation 2020/354

Interpretation of this Part

10

In this Part any reference to a numbered Article is a reference to the Article so numbered in Regulation 2020/354.

Control of feed intended for particular nutritional purposes

11

A person who contravenes or fails to comply with Article 1 (conditions on marketing) as read with Article 2 (derogation for feed which complies with the provisions of Directive 2008/38/EC) and Article 3 (derogation for feed labelled before 25 March 2022 in accordance with the rules applicable before 25 March 2020) commits an offence.

PART 6 — Administration and enforcement

Penalties for offences under these Regulations

12

• (1) Any person found guilty of an offence under regulation 4(1), 7(1), 9(1) to (4) or 11 is liable—

• (a) on summary conviction, to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum, or both; or

• (b) on conviction on indictment, to a term of imprisonment not exceeding three months or to a fine, or both.

• (2) Any person found guilty of an offence under regulation 9(8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Duties to enforce

13

It is the duty of the feed authority to execute and enforce the provisions of these Regulations.

PART 7 — Amendments and modifications to the Agriculture Act 1970

Amendments and modifications to the Agriculture Act 1970

14

• (1) The Act is amended or modified, as the case may be, in accordance with paragraphs (2) to (9).

• (2) In section 66 (interpretation of Part IV)—

• (a) in subsection (1) , insert at the appropriate place the following definitions:—

• “Regulation (EC) No. 1831/2003” means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition;

“Regulation (EC) No. 767/2009” means Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No. 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC;

; and

• (b) for subsection (2) substitute—

(2) For the purposes of this Part of this Act material shall be treated as sold for use as a fertiliser or feeding stuff whether it is sold to be so used by itself or as an ingredient in something which is to be so used.

• (3) In section 68 (duty of seller to give statutory statement)—

• (a) after subsection (5) insert the following subsection:—

(5A) Nothing in subsections (1) to (5) applies to anyone to whom the requirements of Article 16 of Regulation (EC) No. 1831/2003 (labelling and packaging of feed additives and premixtures) or of Chapter 4 of Regulation (EC) No. 767/2009 (labelling, presentation and packaging) apply.

; and

• (b) after subsection (6) insert the following subsection:—

(7) Failure to comply with the labelling requirements of Article 16 of Regulation (EC) No. 1831/2003 or of Chapter 4 of Regulation (EC) No. 767/2009 shall not invalidate a contract of sale, but such labelling shall, regardless of any contract or notice to the contrary, have effect as a warranty by the person who gives it that the particulars contained in it are correct.

• (4) In section 69(1) (marking of material prepared for sale) omit “or feeding stuff”.

• (5) In section 70 (use of names or expressions with prescribed meanings)—

• (a) subsection (1)(a) in so far as it applies in relation to feeding stuffs shall apply as if “under Regulation (EC) No. 767/2009” were substituted for “ ;by regulations made for the purposes of this section ”; and

• (b) after subsection (5) insert the following subsection:—

(6) Nothing in subsections (2) to (4) of this section shall apply to anyone to whom the labelling requirements of Regulation (EC) No. 767/2009 apply.

• (6) In section 71 (particulars to be given of certain attributes if claimed to be present)—

• (a) subsection (4) in so far as it applies in relation to feeding stuffs shall apply as if—

• (i) “the requirements of Article 13 (claims) of Regulation (EC) No. 767/2009” were substituted for “ ;subsection (1) of this section ”; and

• (ii) “that Article” were substituted for “ ;that subsection ”; and

• (b) after subsection (5) insert the following subsection:—

(6) Nothing in subsections (1) to (3) of this section shall apply to anyone to whom Article 13 (claims) of Regulation (EC) No. 767/2009 applies.

• (7) Omit sections 73 (deleterious ingredients in feeding stuff) and 73A.

• (8) In section 74 (limits of variation) after subsection (2) insert the following subsection:—

(3) Nothing in subsection (2) shall apply to anyone to whom Article 11.5 and Annex IV (permitted tolerances) of Regulation (EC) No. 767/2009 applies.

• (9) Section 74A(3) does not apply to regulations concerning feed.

PART 8 — Amendments to Regulations

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

15

• (1) The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 are amended in accordance with paragraphs (2) to (6).

• (2) In regulation 2(1) (interpretation)—

• (a) after the definition of “agricultural analyst” insert the definition—

“the Animal Feed Regulations” means the Animal Feed (Scotland) Regulations 2010;

; and

• (b) after the definition of “Regulation 183/2005” insert the definition—

“Regulation 767/2009” means Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No. 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC;

• (3) In regulation 15(2)(b) (offences, penalties and enforcement) omit “food-producing”.

• (4) For regulation 24(13) (powers of entry for authorised officers) substitute—

(13) In this regulation— (a) “compound feeding stuff” bears the same meaning as “compound feed” as defined in Article 3(2)(h) of Regulation 767/2009; (b) “feeding stuff which is intended for a particular nutritional purpose” bears the same meaning as “feed intended for particular nutritional purposes” as defined in Article 3(2)(o) of that Regulation; and (c) “prescribed manner” means prescribed by any provision referred to in regulation 29.

• (5) In each of regulations 34(1) and (2) (defences of fault of another person, mistake etc and export), 35(1) and (3) (defences by corporate bodies or Scottish partnerships) and 36(1) (time limit for prosecutions) after “these Regulations” insert “ ;or the Animal Feed Regulations ”.

• (6) In Schedule 1 (specified feed law)—

• (a) omit “The Feeding Stuffs (Scotland) Regulations 2000”;

• (b) for “The Feeding Stuffs (Scotland) Regulations 2005 (as modified by the Feeding Stuffs (Application to Zootechnical Additives etc.) (Scotland) Regulations 2005)” substitute “ ;The Animal Feed (Scotland) Regulations 2010 ”; and

• (c) insert at the end—

Regulation 767/2009

Amendment of the Official Feed and Food Controls (Scotland) Regulations 2009

16

• (1) The Official Feed and Food Controls (Scotland) Regulations 2009 are amended in accordance with paragraph (2).

• (2) In paragraph (f) of Schedule 2 (definition of relevant feed law), for “the Feeding Stuffs (Scotland) Regulations 2005” substitute “ ;the Animal Feed (Scotland) Regulations 2010 ”.

Revocations

17

The enactments listed in Schedule 2 are revoked.

SCHEDULE 1 — SPECIFIED PROVISIONS OF REGULATION 767/2009

Specified provision	Subject matter
Article 4(1) & (2), as read with Article 4(3) and Annex I	General safety and other requirements to be met when feed is placed on the market or used
Article 5(1)	Extension of requirements in relation to feed for food-producing animals in other legislation to apply to feed for non food-producing animals
Article 5(2), as read with Article 12(1), (2) & (3)	Obligation on person responsible for labelling to make information available to competent authority
Article 9	Controls on the marketing of feeds for particular nutritional purposes
Article 11, as read with Article 12(1), (2) & (3), Annexes II & IV and the Catalogue of feed materials	Rules and principles governing the labelling and presentation of feed
Article 12(4) & (5)	Designation of the person responsible for labelling and the obligations and responsibilities of that person
Article 13(1), as read with Article 12(1), (2) & (3)	General conditions on making a claim about the characteristics or functions of a feed on the labelling or presentation of it
Article 13(2) & (3), as read with Article 12(1), (2) & (3)	Special conditions applying to claims concerning optimisation of the nutrition and support or protection of the physiological conditions
Article 14(1) & (2), as read with Article 12(1), (2) & (3)	Requirements for the presentation of the mandatory labelling particulars
Article 15, as read with Article 12(1), (2) & (3), Annex VI and VII and Article 21	General mandatory labelling requirements for feed materials and compound feeds
Article 16, as read with Articles 12(1), (2) & (3) and 21, Annex II and V and the Catalogue of feed materials	Specific labelling requirements for feed materials
Article 17(1) & (2), as read with Articles 12(1), (2) & (3) and 21 and Annex II, VI & VII	Specific labelling requirements for compound feeds
Article 18, as read with Article 12(1), (2) & (3)	Additional labelling requirements for feed for particular nutritional purposes (dietetic feeds)
Article 19, as read with Article 12(1), (2) & (3)	Additional labelling requirements for pet food
Article 20(1), as read with Article 12(1), (2) & (3) and Annex VIII	Additional requirements for labelling of non-compliant feed, such as that containing contaminated materials
Article 23	Requirements relating to the packaging and sealing of feed materials and compound feeds for placing on the market
Article 24(5)	Requirement that if the name of a feed material listed in the Catalogue of feed materials is used, all relevant provisions of the Catalogue must be complied with.
Article 24(6)	Obligation on a person who first places on the market a feed material not listed in the Catalogue of feed materials to notify its use
. . .	. . .

SCHEDULE 2 — REVOCATIONS

1

The Feeding Stuffs (Scotland) Regulations 2005 .

2

The Feeding Stuffs (Scotland) Amendment and the Feeding Stuffs (Sampling and Analysis) Amendment (Scotland) Regulations 2006 .

3

The Feeding Stuffs (Scotland) Amendment Regulations 2006 .

4

Regulation 2 of and the Schedules to the Feeding Stuffs (Scotland) and the Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2006 .

5

The Feed (Specified Undesirable Substances) (Scotland) Regulations 2007 .

6

The Feeding Stuffs (Scotland) Amendment Regulations 2008 .

7

The Feeding Stuffs (Scotland) Amendment Regulations 2009 .

8

The Feed (Specified Undesirable Substances) (Scotland) Regulations 2009 .

9

Regulations 11, 14, 15 and 25 of, and Schedule 2 to, the Feed (Sampling and Analysis and Specified Undesirable Substances) (Scotland) Regulations 2010 .

Signed

RICHARD LOCHHEAD — A member of the Scottish Executive — 2010-10-27

Explanatory note

(This note is not part of the Regulations)

1These Regulations—arevoke the Feeding Stuffs (Scotland) Regulations 2005 as amended and re-enact certain of their provisions;bprovide for the execution and enforcement of the comprehensive new EU Regulation on the marketing and use of feed detailed in paragraph 2, and for the continuing enforcement of the EU Regulation on feed additives mentioned in paragraph 3;cmaintain the implementation of EU Directives concerning dietetic feeds and contaminants in feed;dprescribe offences and penalties for breaches of these Regulations;emake amendments and modifications to Part IV of the Agriculture Act 1970; andfamend certain other Regulations.

2In Part 2, these Regulations provide for the execution of Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No. 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (O.J. No. L 229, 1.9.2009, p.1) (regulations 3 to 5 and Schedule 1). References in regulation 4(2) to the Annex to Directive 82/475 and in Schedule 1 to the Annex to Regulation 242/2010 or the Annexes to Regulation 767/2009 are references to those Annexes as they may be amended from time to time (regulation 2(3)).

3In Part 3, the Regulations provide for the continuing enforcement of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition (O.J. No. L 268, 18.10.2003, p.29) (regulations 6 and 7).

4In Part 4, the Regulations implement Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed (O.J. No. L 140, 30.5.2002, p.10) (regulations 8 and 9). Directive 2002/32 has already been amended a number of times, and any reference to an Annex to this Directive is a reference to that Annex as it may be amended from time to time (regulation 2(3)).

5In Part 5, the Regulations implement Commission Directive 2008/38/EC establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes (O.J. No. L 62, 6.3.2008, p.9) (regulations 10 and 11). Any reference to an Annex to this Directive is a reference to that Annex as it may be amended from time to time (regulation 2(3)).

6Part 6 of these Regulations makes provision for a breach of specified requirements to constitute an offence, sets out the maximum penalty applicable on conviction for such an offence and provides feed authorities with the duty to enforce these Regulations and the EU Regulations mentioned above (regulations 12 and 13).

7In Part 7, the Regulations make amendments or modifications to the Agriculture Act 1970 where the relevant sections of the Act would otherwise duplicate, gloss or be incompatible with provisions of Regulation 767/2009 (regulation 14).

8In Part 8, the Regulations make consequential amendments to the Food (Hygiene and Enforcement) (Scotland) Regulations 2005 and the Official Feed and Food Controls (Scotland) Regulations 2009 (regulations 15 and 16).

9A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ and online at www.legislation.gov.uk.

Footnotes

[^f00001]: 1970 c.40. Section 66(1) contains definitions of the expressions “the Ministers”, “prescribed” and “regulations” and was relevantly amended by S.I. 2004/3254 and S.S.I. 2010/354. Section 74A was inserted by paragraph 6 of Schedule 4 to the European Communities Act 1972 (c.68). Section 84 was amended by S.I. 2004/3254. Functions of the Secretary of State, in so far as exercisable within devolved competence, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46). In so far as not so transferred and in so far as relating to animal feeding stuffs, which are not veterinary medicinal products or specified feed additives as defined in the Veterinary Medicines Regulations 2005 (S.I. 2005/2745), relevant functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304).

[^f00002]: 1972 c.68. Section2(2) was amended by paragraph15(3) of Schedule8 to the Scotland Act 1998 (c.46), section27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act and amended by Part 1 of the Schedule to the 2008 Act. The functions conferred on a Minister of the Crown under section2(2) of the 1972 Act, in so far as exercisable within devolved competence, were transferred to the Scottish Ministers by section53 of the 1998 Act. In so far as not so transferred and in so far as relating to animal feeding stuffs, which are not veterinary medicinal products or specified feed additives as defined in the Veterinary Medicines Regulations 2005 (S.I. 2005/2745), relevant functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304).

[^f00003]: O.J. 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 (O.J. No. L188, 18.7.2009, p.14).

[^f00004]: O.J. No. L213, 21.7.1982, p.27. This Directive was last amended by Commission Directive 98/67/EC (O.J. No. L261, 24.9.1998, p.10).

[^f00005]: O.J. No. L140, 30.5.2002, p.10. This Directive was last amended by Commission Directive 2010/6/EU (O.J. No. L37, 10.2.2010, p.29).

[^f00006]: O.J. No. L268, 18.10.2003, p.29. This Regulation was last amended by Regulation (EC) No. 767/2009.

[^f00007]: O.J. No. L62, 6.3.2008, p.9. This Directive was last amended by Commission Directive 2008/82 (O.J. No. L202, 31.7.2008, p.48).

[^f00008]: O.J. No. L229, 1.9.2009, p.1. This Regulation was last amended by Commission Regulation (EC) No. 568/2010 (O.J. No.L163, 30.6.2010, p.30).

[^f00009]: OJ No. L77, 24.3.2010, p.17.

[^f00010]: Categories (d) and (e) of Article 6(1) comprise respectively zootechnical additives, and coccidiostats and histomonostats. Functional groups listed in paragraphs 4(a), (b) and (c) of Annex I comprise digestibility enhancers, gut flora stabilisers and substances incorporated with the intention of favourably affecting the environment.

[^f00011]: Section66(1) was relevantly amended by S.I. 2004/3254 and S.S.I. 2010/354.

[^f00012]: S.S.I. 2005/608, as amended by S.S.I. 2005/616, 2006/578, 2008/201, 2009/263 and 446, and 2010/354.

[^f00013]: S.S.I. 2009/446, as amended by S.S.I. 2010/5, 177 and 354.

[^f00014]: S.S.I. 2005/605.

[^f00015]: S.S.I. 2006/16.

[^f00016]: S.S.I. 2006/516.

[^f00017]: S.S.I. 2006/578.

[^f00018]: S.S.I. 2007/492.

[^f00019]: S.S.I. 2008/215.

[^f00020]: S.S.I. 2009/21.

[^f00021]: S.S.I. 2009/373.

[^f00022]: S.S.I. 2010/354.

Editorial notes

[^c20522631]: 1970 c.40. Section 66(1) contains definitions of the expressions “the Ministers”, “prescribed” and “regulations” and was relevantly amended by S.I. 2004/3254 and S.S.I. 2010/354. Section 74A was inserted by paragraph 6 of Schedule 4 to the European Communities Act 1972 (c.68). Section 84 was amended by S.I. 2004/3254. Functions of the Secretary of State, in so far as exercisable within devolved competence, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46). In so far as not so transferred and in so far as relating to animal feeding stuffs, which are not veterinary medicinal products or specified feed additives as defined in the Veterinary Medicines Regulations 2005 (S.I. 2005/2745), relevant functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304).

[^c20522641]: 1972 c.68. Section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46), section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act and amended by Part 1 of the Schedule to the 2008 Act. The functions conferred on a Minister of the Crown under section 2(2) of the 1972 Act, in so far as exercisable within devolved competence, were transferred to the Scottish Ministers by section 53 of the 1998 Act. In so far as not so transferred and in so far as relating to animal feeding stuffs, which are not veterinary medicinal products or specified feed additives as defined in the Veterinary Medicines Regulations 2005 (S.I. 2005/2745), relevant functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304).

[^c20522651]: O.J. No. L 31, 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 (O.J. No. L 188, 18.7.2009, p.14).

[^c20522701]: O.J. No. L 229, 1.9.2009, p.1. This Regulation was last amended by Commission Regulation (EC) No. 568/2010 (O.J. No. L 163, 30.6.2010, p.30).

[^c20522721]: Categories (d) and (e) of Article 6(1) comprise respectively zootechnical additives, and coccidiostats and histomonostats. Functional groups listed in paragraphs 4(a), (b) and (c) of Annex I comprise digestibility enhancers, gut flora stabilisers and substances incorporated with the intention of favourably affecting the environment.

[^c20522731]: Section 66(1) was relevantly amended by S.I. 2004/3254 and S.S.I. 2010/354.

[^c20522741]: S.S.I. 2005/608, as amended by S.S.I. 2005/616, 2006/578, 2008/201, 2009/263 and 446, and 2010/354.

[^c20522751]: S.S.I. 2009/446, as amended by S.S.I. 2010/5, 177 and 354.

[^c20522761]: S.S.I. 2005/605.

[^c20522771]: S.S.I. 2006/16.

[^c20522781]: S.S.I. 2006/516.

[^c20522791]: S.S.I. 2006/578.

[^c20522801]: S.S.I. 2007/492.

[^c20522811]: S.S.I. 2008/215.

[^c20522821]: S.S.I. 2009/21.

[^c20522831]: S.S.I. 2009/373.

[^c20522841]: S.S.I. 2010/354.

[^key-50bca146cb78252282384f31c2e55044]: Sch. 1 substituted (12.1.2014) by The Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013 (S.S.I. 2013/340), reg. 1, sch. 2

[^key-ecb01060fca725df26d34e6845710e0a]: Words in reg. 2(1) omitted (12.1.2014) by virtue of The Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013 (S.S.I. 2013/340), regs. 1, 3(2)(a)

[^key-e879eff4189928106dc3b29abf68b0d8]: Reg. 2(3) substituted (12.1.2014) by The Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013 (S.S.I. 2013/340), regs. 1, 3(2)(b)

[^key-e85553cc3a8ab6f6b638dacd55483053]: Reg. 4(1) substituted (12.1.2014) by The Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013 (S.S.I. 2013/340), regs. 1, 3(3)

[^key-6d57e5a90fea22c5d5cd78dfce2f3441]: Words in reg. 2(1) substituted (23.3.2017) by The Animal Feed (Scotland) Amendment Regulations 2017 (S.S.I. 2017/38), regs. 1, 2(2)(a)

[^key-0c54c3f7f8d0703594cf4af0ae7b1160]: Words in reg. 2(3) inserted (23.3.2017) by The Animal Feed (Scotland) Amendment Regulations 2017 (S.S.I. 2017/38), regs. 1, 2(2)(b)

[^key-809054ddf1e4552b69aff546d8270655]: Reg. 7(1) substituted (23.3.2017) by The Animal Feed (Scotland) Amendment Regulations 2017 (S.S.I. 2017/38), regs. 1, 2(3)

[^key-76797536629812d371750a767665e8e7]: Words in reg. 2(1) omitted (31.12.2020) by virtue of The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(3), 7(2)(a)(i)

[^key-bb28a371acd213b394a90e4d276951a8]: Words in reg. 2(1) inserted (31.12.2020) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(3), 7(2)(a)(ii)

[^key-d9bb9939daa61dd9a240a7066da6e365]: Words in reg. 2(1) substituted (31.12.2020) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(3), 7(2)(a)(iii)

[^key-aebe109664e1a1a55c0b8f577e6e46f0]: Words in reg. 2(3) substituted (31.12.2020) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(3), 7(2)(c)

[^key-0d17330d545969c2c4efe27a2b8856d3]: Words in reg. 2(2) substituted (31.12.2020) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(3), 7(2)(b)

[^key-9ab44f2e6fbfaa4175191855c5505f3a]: Pt. 5 substituted (31.12.2020) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(3), 7(5)

[^key-c299fd6e138c1980e12cf930adb6e0c5]: Words in sch. 1 table omitted (31.12.2020) by virtue of The Food and Feed Safety and Hygiene (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/52), regs. 1(1), 8(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a03208e15afcd710e48424f19701daec]: Reg. 13A inserted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 7(8)

[^key-f94753b0f56d148e68dc6ebb747ad0c5]: Reg. 18 inserted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 7(9)

[^key-0d2661aba75184094574a7e909f7f1ba]: Word in reg. 4(1) substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 7(3)

[^key-307bf39ad60d26b1db7ab22163587604]: Reg. 5 substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 7(4)

[^key-c3c46de53385ff2f48cfbe7977bf983b]: Word in reg. 12(1) substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 7(6)

[^key-65d199e173318c95d5a892c5f4a3a9a6]: Words in reg. 13 substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 7(7)

[^key-63209da37903ebea3fa9c27708a2b735]: Words in reg. 2(1) omitted (9.2.2023) by virtue of The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(2)(a)(i)

[^key-f95da3ee40f1ed1da66a0d3d910348c4]: Words in reg. 2(1) omitted (9.2.2023) by virtue of The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(2)(a)(ii)

[^key-e3b486e287abb1a0f667497b38a1905f]: Words in reg. 2(3) omitted (9.2.2023) by virtue of The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(2)(b)

[^key-501c97812a5daad8bbc626630d35f744]: Words in reg. 4(2) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(3)

[^key-2d2bfa5bab56dbdeb4ae0db015c27190]: Reg. 8(a) omitted (9.2.2023) by virtue of The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(4)

[^key-79db0b03740c1bc37fb90ee14438f913]: Reg. 9(9) inserted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(f)

[^key-935c9043ba6eecd1efa12652027ab94b]: Word in reg. 9(1) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(a)(ii)

[^key-495c0f336333d6a14f22bb94f567b5ba]: Words in reg. 9(1)(a) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(a)(i)

[^key-50896643ae8518ee9a851cfe90f9da6a]: Words in reg. 9(2)(a) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(b)(i)

[^key-8b14813b12a92ec8d4ec9a322cd92778]: Word in reg. 9(2)(b) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(b)(ii)

[^key-49db0c7c63ccb154932b78a97bdf80db]: Words in reg. 9(3) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(c)(i)

[^key-2783a5cd398f63199e41e754164561ba]: Word in reg. 9(3) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(c)(ii)

[^key-135640222455d4a39973f36bd725cd5d]: Words in reg. 9(5) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(d)(i)

[^key-2930ff3a9d8044f49db7937d8a7d4973]: Word in reg. 9(5) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(d)(ii)

[^key-dc0d1c74424e50e8e06aa3fa0736ac79]: Word in reg. 9(7) omitted (9.2.2023) by virtue of The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(e)(i)

[^key-c7f8bcf26e2137fd8ee462f36ebf1def]: Reg. 9(7)(e) and word inserted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(e)(ii)

[^key-e8a849d23137fff7d5d11d25dc05379a]: Schs. 3-5 inserted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), reg. 1(1), sch. 1 para. 1

[^key-714bee02e620f1e16e2a83893c48080c]: Pt. 1 applied in part (with modifications) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(b), Sch. 2 (with regs. 7, 8)

[^key-f8cc305092bfaa6070aac3c135b5699d]: Pt. 4 applied in part (with modifications) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(b), Sch. 2 (with regs. 7, 8)

[^key-db5750297d284e1b062ee2735cfc476f]: Sch. 5 applied in part (with modifications) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(b), Sch. 2 (with regs. 7, 8)

[^key-0f143a95ab62096e9eb1dcdae1b114ef]: Sch. 4 applied in part (with modifications) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(b), Sch. 2 (with regs. 7, 8)

Offence of failing to comply with a specified provision of Regulation 2020/354

Competent authority for the purposes of Regulation 767/2009

Delegation by the feed authority

13A

• (1) Where the feed authority may delegate any function under these Regulations, it may delegate the function to any person.

• (2) Before delegating, the feed authority must consult the person to whom any delegation is to be made.

• (3) Where the feed authority delegates any function, it must specify the function and the area within which that function is to be performed.

• (4) Where the feed authority has delegated any of its functions, the feed authority may vary, suspend or cancel that delegation, in whole or in part.

• (5) The feed authority must publish and maintain an up to date register containing the details and operative date of any delegation.

Transitional provisions

18

• (1) The validity, effect or consequences of anything done under these Regulations as they had effect immediately before the Food Standards Scotland becomes the feed authority is not affected by the Food Standards Scotland becoming the feed authority.

• (2) Any inspection, investigation or legal proceedings commenced prior to the Food Standards Scotland becoming the feed authority is not affected by the Food Standards Scotland becoming the feed authority.

• (3) Any inspection, investigation or legal proceeding commenced prior to the Food Standards Scotland becoming the feed authority may be continued after that date as if the amendments to these Regulations coming into force on that day had not been made.

• (4) Any liability to a penalty for an offence committed before the Food Standards Scotland becoming the feed authority is not affected by the Food Standards Scotland becoming the feed authority.

• (5) Despite Food Standards Scotland becoming the feed authority, these Regulations as they had effect before that day continue to have effect for the purposes of investigating any offence referred in paragraph (4).

SCHEDULE 3 — Categories of feed materials which may be indicated in place of individual feed materials on the packaging, container or label of compound feedingstuffs for pet animals

Description of the category	Definition
1. Meat and animal derivatives	All the fleshy parts of slaughtered warm-blooded land animals, fresh or preserved by appropriate treatment, and all products and derivatives of the processing of the carcase or parts of the carcase of warm-blooded land animals
2. Milk and milk derivatives	All milk products, fresh or preserved by appropriate treatment, and derivatives from their processing
3. Eggs and egg derivatives	All egg products fresh or preserved by appropriate treatment and derivatives from their processing
4. Oils and fats	All animal and vegetable oils and fats
5. Yeasts	All yeasts, the cells of which have been killed and dried
6. Fish and fish derivatives	Fish or parts of fish, fresh or preserved by appropriate treatment, and derivatives from their processing
7. Cereals	All types of cereal, regardless of their presentation, or products made from the starchy endosperm
8. Vegetables	All types of vegetables and legumes, fresh or preserved by appropriate treatment
9. Derivatives of vegetable origin	Derivatives resulting from the treatment of vegetable products, in particular cereals, vegetables, legumes and oil seeds
10. Vegetable protein extracts	All products of vegetable origin in which the proteins have been concentrated by an adequate process to contain at least 50% crude protein, as related to the dry matter, and which may be restructured (textured)
11. Minerals	All inorganic substances suitable for animal feed
12. Various sugars	All types of sugar
13. Fruit	All types of fruit, fresh or preserved by appropriate treatment
14. Nuts	All kernels from shells
15. Seeds	All types of seeds as such or roughly crushed
16. Algae	Algae, fresh or preserved by appropriate treatment
17. Molluscs and crustaceans	All types of molluscs, crustaceans, shellfish, fresh or preserved by appropriate treatment, and their processing derivatives
18. Insects	All types of insects and their stages of development
19. Bakery products	All bread, cakes, biscuits and pasta products

SCHEDULE 4 — Maximum levels of undesirable substances