The Feeding Stuffs (Application to Zootechnical Additives etc.) (Scotland) Regulations 2005

Made: 7th December 2005

Laid before Parliament: 12th December 2005

Coming into force: 3rd January 2006

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 66(1), 68(1) and (1A), 69(1) and (3), 70(1), 71(1), 74(1), 74A, 77(4), 78(6), 79(1), (2) and (9), and 84 of the Agriculture Act 1970 (as read with Articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002) .

In so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above, the Secretary of State makes these Regulations in exercise of her powers as a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to food (including drink) including the primary production of food and measures relating to feed produced for or fed to food-producing animals , the common agricultural policy of the European Community , measures in the veterinary and phytosanitary fields for the protection of public health and the control and regulation of genetically modified organisms .

There has been consultation 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 .

Title, application and commencement

1

These Regulations—

• (a) may be cited as the Feeding Stuffs (Application to Zootechnical Additives etc.) (Scotland) Regulations 2005;

• (b) apply in relation to Scotland only; and

• (c) come into force on 3rd January 2006.

Interpretation

2

In these Regulations—

• “the Act” means the Agriculture Act 1970;

• “additive” means a feed additive to which the Additives Regulation applies that is not an excluded additive;

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

• “excluded additive” means any of the following—coccidiostats;histomonostats; orany zootechnical additive falling within category (d) of Article 6(1) of the Additives Regulation;

• “the Feed Hygiene Regulations” means the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 ;

• “the Feeding Stuffs Regulations” means the Feeding Stuffs (Scotland) Regulations 2005 ;

• “quasi-medicinal additive” means an excluded additive which is not a non-medicinal zootechnical additive;

• “non medicinal zootechnical additive” means a product falling within category (d) of Article 6(1) of the Additives Regulation that is either—a digestibility enhancer;a gut flora stabiliser; ora substance incorporated with the intention of favourably affecting the environment;

• “non medicinal zootechnical premixture” is a premixture within the meaning given by Article 2(2)(e) of the Additives Regulation, excluding—any premixture as defined below, andany mixture consisting solely of a combination of quasi-medicinal additives;

• “the OFFC Regulations” means the Official Feed and Food Controls (Scotland) Regulations 2005 ; and

• “premixture” has the meaning given by Article 2(2)(e) of the Additives Regulation, excluding any mixture consisting solely of a combination of excluded additives.

Application of the Genetically Modified Animal Feed (Scotland) Regulations 2004 to non-medicinal zootechnical additives

3

The Genetically Modified Animal Feed (Scotland) Regulations 2004 shall apply to non-medicinal zootechnical additives as they apply to additives.

Application of the Feeding Stuffs (Scotland) Regulations 2005 to non medicinal zootechnical additives

4

The Feeding Stuffs Regulations shall apply to—

• (a) non medicinal zootechnical additives as they apply to additives; and

• (b) non medicinal zootechnical premixtures as they apply to premixtures.

Application of the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 to non-medicinal zootechnical additives

5

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

Secondary analysis by the Government Chemist

6

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

Application of the Official Feed and Food Controls (Scotland) Regulation 2005 to non-medicinal zootechnical additives

7

• (1) The OFFC Regulations shall apply to—

• (a) the Act and the Feeding Stuffs (Sampling and Analysis) Regulations 1999 in so far as the Act and those Regulations apply to non medicinal zootechnical additives and non medicinal zootechnical premixtures, and

• (b) the Genetically Modified Animal Feed (Scotland) Regulations 2004, the Feeding Stuffs Regulations and the Feed Hygiene Regulations as those regulations are modified by these Regulations,

in the same way as the OFFC Regulations apply to relevant feed law as that expression is defined in those Regulations.

• (2) Part 3 of the OFFC Regulations (official controls on feed and food of non animal origin from third countries) shall apply to—

• (a) non medicinal zootechnical additives as it applies to additives; and

• (b) non medicinal zootechnical premixtures as it applies to premixtures.

Revocations

8

The Regulations listed in the Schedule to these Regulations are revoked in so far as they apply in relation to Scotland and to non medicinal zootechnical additives or non medicinal zootechnical premixtures.

SCHEDULE — REVOCATIONS

• The Feeding Stuffs (Establishments and Intermediaries) Regulations 1999[^f00015]

• The Feeding Stuffs (Enforcement) Regulations 1999[^f00016]

• The Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations 2004[^f00017]

Signed

Signed by authority of the Secretary of State for Health

Caroline Flint — Parliamentary Under Secretary of State, — Department of Health — 7th December 2005

Explanatory note

(This note is not part of the Regulations)

1These Regulations, which apply in relation to Scotland only, make provision in relation to those zootechnical feed additives that fall within the categories of digestibility enhancers, gut flora stabilisers or substances which are intended to favourably affect the environment (“non medicinal zootechnical additives”).

2These Regulations also make provision in relation to premixtures containing solely non-medicinal zootechnical additives and in relation to the non-medicinal zootechnical additive component of premixtures containing such additives and other feed materials and/or quasi-medicinal additives. (Quasi-medicinal additives are regulated by the Veterinary Medicines Regulations 2005 (S.I. 2005/[2745]).)

3They provide for the enforcement and execution of Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (O.J. No. L 268, 18.10.2003, p.1) in so far as it applies to non-medicinal zootechnical additives by applying the Genetically Modified Animal Feed (Scotland) Regulations 2004 (S.S.I. 2004/433) to those additives (regulation 3).

4They provide for the enforcement and execution 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) (“Regulation 1831/2003”) in relation to non-medicinal zootechnical additives and for the implementation of the other Community Law requirements relating to the labelling of compound feeding stuffs containing additives as implemented by the Feeding Stuffs (Scotland) Regulations 2005 (S.S.I. 2005/[ 605 ]) by applying those Regulations to those additives (regulation 4).

5They provide for the enforcement and execution of Regulation (EC) No. 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene (O.J. No. L 25, 8.2.2005, p.1), 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 (O.J. No. L 31, 1.2.2002, p.1) (“Regulation 178/2002”) and make provision as to administration generally in so far as those measures apply to non-medicinal zootechnical additives. They do so by the application of the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 (S.S.I. 2005/[608 ]) to those additives (regulation 5).

6They provide for the enforcement and execution of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (O.J. No. L 191, 28.5.2004, p.1) in so far as it applies to non-medicinal zootechnical additives. They also impose prohibitions on the introduction of such additives into Scotland in so far as non-compliant with Article 11 of Regulation 178/2002. They do so by the application of the Official Feed and Food Controls (Scotland) Regulations 2005 (S.S.I. 2005/[616 ]) to those additives (regulation 7).

7They lay down procedures relating to secondary analysis of samples taken in connection with the enforcement of the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 by the laboratory of the Government Chemist (regulation 6).

8They revoke the Regulations listed in the Schedule in so far as they have application to non medicinal zootechnical additives (regulation 8 and Schedule).

9A regulatory impact assessment has been produced for the package of measures that implements for Scotland the changes to the authorisation and use of feed additives contained in Regulation 1831/2003. These Regulations form part of that package along with the Feeding Stuffs (Scotland) Regulations 2005. A copy of that assessment has been placed in the Scottish Parliament Information Centre and in the library of each House of Parliament. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.

Footnotes

[^f00001]: 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 Scotland and so far as within devolved competence, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) (“the 1998 Act”). By virtue of S.I. 1999/3141, functions of the Secretary of State, the Secretary of State for Scotland and the Secretary of State for Wales, exercisable in relation to Scotland and in so far as not transferred to the Scottish Ministers by the 1998 Act, were transferred to the Minister of Agriculture Fisheries and Food. Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6.

[^f00002]: S.I. 2002/794. Article 2 of this Order had the effect of transferring to the Secretary of State the functions of the Minister of Agriculture Fisheries and Food under Part IV of the Agriculture Act 1970 referred to, including those exercisable in relation to Scotland in so far as not transferred by section 53 of the 1998 Act.

[^f00003]: 1972 c. 68. The function of the Minister of the Crown under section 2(2), in so far as exercisable in relation to Scotland and so far as within devolved competence, was transferred to the Scottish Ministers by section 53 of the 1998 Act. In so far as not so transferred and in so far as exercisable in relation to Scotland, the function is retained by the Secretary of State.

[^f00004]: S.I. 2003/2901

[^f00005]: S.I. 1972/1811, amended by S.I. 1996/266, 2002/794 and 2812.

[^f00006]: S.I. 1999/2027.

[^f00007]: S.I. 1991/755, amended by S.I. 1999/2788.

[^f00008]: OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4).

[^f00009]: O.J. No. L 268, 18.10.2003, p.29, as last amended by Regulation (EC) No. 378/2005 of the Commission (O.J. No. L 59, 5/3/2005, p. 8.

[^f00010]: S.S.I. 2005/[].

[^f00011]: S.S.I. 2005/[.

[^f00012]: S.S.I. 2005/[].

[^f00013]: S.S.I. 2004/433, amended by S.S.I. 2005/246.

[^f00014]: S.I. 1999/1663, as amended by S.I. 1999/1871 and S.S.I. 2000/453, 2001/104, 2002/285, 2003/277 and 2004/414.

[^f00015]: S.I. 1999/1872 as amended by S.S.I. 2000/62 and 453, 2003/101 and 277 and 2005/116.

[^f00016]: S.I. 1999/2325 as amended by S.S.I. 2000/62 and 453, 2001/104 and 334, 2002/285, S.I. 2003/1026 and S.S.I. 2003/277.

[^f00017]: S.I. 2004/3254.

The Feeding Stuffs (Establishments and Intermediaries) Regulations 1999

The Feeding Stuffs (Enforcement) Regulations 1999

The Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations 2004

Editorial notes

[^c12418451]: 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 Scotland and so far as within devolved competence, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) (“the 1998 Act”). By virtue of S.I. 1999/3141, functions of the Secretary of State, the Secretary of State for Scotland and the Secretary of State for Wales, exercisable in relation to Scotland and in so far as not transferred to the Scottish Ministers by the 1998 Act, were transferred to the Minister of Agriculture Fisheries and Food. Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6.