Feeding Stuffs (Sampling and Analysis) Regulations 1982
| Jurisdiction | UK Non-devolved |
| Citation | SI 1982/1144 |
| Year | 1982 |
1982 No. 1144
AGRICULTURE
The Feeding Stuffs (Sampling and Analysis) Regulations 19825thAugust 1982
25thAugust 1982
25thFebruary 1983
ARRANGEMENT OF REGULATIONS
Regulation
1. Title, commencement and interpretation.
2. Prescribed amount for the purposes of the definition of sampled portion.
3. Manner of taking, dividing, marking, sealing and fastening of samples.
4. Methods of sending part of a sample.
5. Qualifications of agricultural analysts and deputy agricultural analysts.
6. Application of the methods of analysis.
7. Form of certificate of analysis.
8. Period within which analysis of the oil content of a feeding stuff must be carried out.
9. Modification of the Act as respects metrication.
SCHEDULES
Schedule 1 .Manner of taking, dividing, marking, sealing and fastening of
samples
Part I Definitions
Part II General instructions for the taking of samples
Part III Quantitative requirements
Part IV Taking and preparation of samples
Part V Marking, sealing and fastening of the final sample.
Part VI Sampling tables.
Schedule 2. Methods of analysis.
Schedule 3. Form of certificate of analysis.
The Minister of Agriculture, Fisheries and Food and the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 66(1), 67(5), 74A, 75(1), 76(1), 77(4), 78(6), 79(1), (2) and (9) and 84 of the Agriculture Act 1970(a) and now vested in them (b) and of all other powers enabling them in that behalf, after consultation in accordance with section 84(1) of the said Act with such persons or organisations as appear to them to represent the interests concerned, hereby make the following regulations:—
(a) 1970 c.40; section 74A was inserted by the European Communities Act 1972 (c.68), section 4(1) and Schedule 4, paragraph 6, and the Act was amended by the Agriculture Act 1970 Amendment Regulations 1982 (S.I. 1982/980).
(b) In the case of the Secretary of State for Wales by virtue of S.I. 1978/272.
Title, commencement and interpretation
1.—(1) These regulations may be cited as the Feeding Stuffs (Sampling and Analysis) Regulations 1982, and shall come into operation on 25th February 1983.
(2) In these regulations, unless the context otherwise requires, "the Act" means the Agriculture Act 1970.
(3) Any reference in these regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these regulations.
Prescribed amount for the purposes of the definition of sampled portion
2.—(1) The prescribed amount of material for the purposes of the definition of sampled portion in section 66(1) of the Act shall be determined in accordance with the provisions of this regulation.
(2) In relation to solid feeding stuff in packages the prescribed amount shall be the quantity of material present or 5 tonnes, whichever is the less.
(3) In relation to solid feeding stuff in bulk containers, the prescribed amount shall be:—
(a) the contents of the lowest number of containers which together hold not less than 5 tonnes; or
(b) if all the containers together hold less than 5 tonnes or if all the feeding stuff is in one container, the quantity of material present; or
(c) if any such bulk containers hold not less than 5 tonnes, the content of any such bulk container.
(4) In relation to solid feeding stuff which is loose in heaps or bays, the prescribed amount shall be:—
(a) the contents of the lowest number of heaps or bays which together contain not less than 5 tonnes; or
(b) if all the heaps or bays together contain less than 5 tonnes or if all the feeding stuff is in one heap or bay, the quantity of material present; or
(c) if any such heaps or bays contain not less than 5 tonnes, the content of any such heap or bay.
(5) In relation to liquid or semi-liquid feeding stuff in containers, the prescribed amount shall be:—
(a) the contents of the lowest number of containers which together hold not less than 5,000 litres; or
(b) if all the containers together hold less than 5,000 litres or if all the feeding stuff is in one container, the quantity of material present; or
(c) if any such containers hold not less than 5,000 litres, the content of any such container.
Manner of taking, dividing, marking, sealing and fastening of samples
3. The manner in which samples are to be taken, divided, marked, sealed and fastened in cases where under Part IV of the Act they are taken in the prescribed manner shall be as set out in Schedule 1.
Methods of sending part of a sample
4. Any part of a sample required to be sent to any person in pursuance of subsection (1)(b) or (2) of section 77 of the Act shall be sent by registered post or by recorded delivery or may be delivered or given by hand.
Qualifications of agricultural analysts and deputy agricultural analysts
5. The prescribed qualifications for an agricultural analyst or a deputy agricultural analyst for the purposes of section 67(5) of the Act and for the purposes of these regulations are that he shall be a Chartered Chemist, being a Fellow or a Member of the Royal Society of Chemistry, and that his practical experience of the analysis and examination of feeding stuffs shall be attested by another agricultural analyst or deputy agricultural analyst appointed under section 67(3) of the Act or in accordance with section 11 of the Fertilisers and Feeding Stuffs Act 1926(a).
Application of the methods of analysis
6.—(1) In respect of substances for which methods of analysis are specified in Schedule 2, the methods by which analyses of feeding stuffs shall be made for the purposes of the Act shall be those set out in the said Schedule.
(2) Method 10b in Schedule 2 shall not be used after 25th February 1984.
Form of certificate of analysis
7. The certificate of an agricultural analyst of the analysis shall be in the form set out in Schedule 3. The notes and the numbers referring to them in Part II of the said Schedule are for guidance only and do not form part of and need not appear on the certificate.
Period within which analysis of the oil content of a feeding stuff must be carried out
8. Where a sample of a feeding stuff has been taken by an inspector in the prescribed manner and sent to an agricultural analyst for analysis, any such analysis of the oil content of that feeding stuff shall be disregarded unless it is carried out before the end of three weeks commencing with the date of sampling.
Modification of the Act as respects metrication
9. For the purposes of its application to feeding stuffs the Act shall be modified as follows:—
(a) in the definition of sampled portion in section 66(1) the words "five tonnes or 5,000 litres" shall be substituted for the words "five tons or 1,000 gallons or the prescribed metric substitution";
(b) in section 68(2)(b) the words "to sales in quantities of not more than 25 kilograms" shall be substituted for the words "to sales of small quantities (that is to say, sales in quantities of not more than fifty six pounds or the prescribed metric substitution)"; and
(c) in section 76(5) the words "six kilograms" shall be substituted for the words "fourteen pounds or the prescribed metric substitution".
(a) 1926 c. 45.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 2nd August 1982.
Peter Walker, Minister of Agriculture, Fisheries and Food.
(L.S.)
George Younger, Secretary of State for Scotland.
5th August 1982.
Nicholas Edwards, Secretary of State for Wales.
4th August 1982.
Regulation 3
SCHEDULE 1
MANNER OF TAKING, DIVIDING, MARKING, SEALING AND FASTENING OF SAMPLES
PART 1
DEFINITIONS
In this Schedule:—
"sampled portion" means a quantity of a material constituting a unit and having characteristics presumed to be uniform;
"incremental sample" means a quantity taken from one point in the sampled portion;
"aggregate sample" means an aggregate of incremental samples taken from the same sampled portion;
"reduced sample" means a representative part of the aggregate sample obtained from the latter by a process of reduction;
"final sample" means a representative part of the reduced sample or, where no intermediate reduction is required, of the aggregate sample; and
"unit" means a material identifiable as such by reason of its manufacturer, packer, uniform manner of packaging or labelling.
PART II
GENERAL INSTRUCTIONS FOR THE TAKING OF SAMPLES
1. In the case of feeding stuff in packages or containers, except where section 68(2)(b) of the Act applies, only unopened packages or containers which appear to the inspector proposing to take the sample to be the original packages or containers of the feeding stuff shall be selected for the purpose of the sample.
2. The sample shall be taken and prepared as quickly as possible having regard to the precautions necessary to ensure that it remains representative of the sampled portion. Instruments, surfaces and containers used in sampling shall be clean and dry.
3. No sample shall be drawn from any part of the sampled portion which appears to be damaged.
4. Where any appreciable portion of the feeding stuff appears to be mouldy, or is otherwise apparently unsuitable for feeding purposes, separate samples shall be drawn of the unsuitable portion and of the residue of the feeding stuff respectively. These shall be treated as separate sampled portions.
5. An inspector who intends to take a sample in accordance with the provisions of section 76(1)(b) of the Act on premises (not being premises used only as a dwelling) on which he has reasonable cause to believe that there is any feeding stuff which the occupier of the premises has purchased, shall:—
(a) satisfy himself that the conditions in which the feeding stuff is stored are not such as might cause undue deterioration of the said feeding stuff, and that the feeding stuff appears not to have been contaminated by any other...
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