Feeding Stuffs (Scotland) Regulations 2000

Publication Date:January 01, 2000

2000No. 453

AGRICULTURE

The Feeding Stuffs (Scotland) Regulations 2000

28thDecember2000

3rdJanuary2001

31stJanuary2001

ARRANGEMENT OF REGULATIONS

1. Citation, commencement and extent

2. Interpretation

3. Prescribed material

4. Matters required or permitted to be contained in a statutory statement or otherwise declared

5. Forms of statutory statement

6. Register of marks

7. Limits of variation

8. Assigned meanings

9. Manner of packaging and sealing compound feeding stuffs, additives and premixtures

10. Control of feed materials

11. Applications for Community authorisation of additives and of new uses for additives

12. Confidential information relating to additives

13. Control of additives in feeding stuffs

14. Control of feeding stuffs and feed materials containing undesirable substances

15. Control of compound feeding stuffs containing prohibited materials

16. Control of certain protein sources

17. Control of the iron content of milk replacer feeds

18. Control of ash insoluble in hydrochloric acid in compound feeding stuffs

19. Control of feeding stuffs intended for particular nutritional purposes, and supplementary provisions relating to statutory statement

20. Modification of the Agriculture Act 1970 in relation to all feeding stuffs

21. Modification of the Agriculture Act 1970 in relation to imported feeding stuffs

22. Exemption from these Regulations

23. Further exemption from these Regulations

24. Enforcement of provisions made under section 2(2) of the European Communities Act 1972

25. Modification of section 74A(3) of the Agriculture Act 1970

26. Revocations

27. Modification of the Feeding Stuffs (Sampling and Analysis) Regulations 1999

28. Modification of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999

29. Modification of the Feeding Stuffs (Enforcement) Regulations 1999

SCHEDULES

1. Methods of calculating the energy value of compound feeds

2. Control of feed materials

3. Permitted additives and provisions relating to their use

4. Contents of the statutory statement or other declaration (except for additives and premixtures not contained in feeding stuffs)

5. Contents of the statutory statement (for additives and premixtures not contained in feeding stuffs)

6. Limits of variation

7. Prescribed limits for undesirable substances

8. Control of certain protein sources

9. Permitted feeding stuffs for particular nutritional purposes and provisions relating to their use

10. Categories of feed materials for use in relation to compound feeding stuffs

The Scottish Ministers, in exercise of the powers conferred by sections 66(1), 68(1) and (1A), 69(1), (3), (6) and (7), 70(1), 74(1), 74A, 77(4), 78(6) and 84 of the Agriculture Act 1970( a) and, after consultation as required by section 84(1) of the said Act with the persons or organisations appearing to represent the interests concerned and in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( b), and of all other powers enabling them in that behalf hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Feeding Stuffs (Scotland) Regulations 2000 and shall come into force on 31st January 2001.

(2) These Regulations extend to Scotland only.

Interpretation

2.—(1) In these Regulations—

"the Act" means the Agriculture Act 1970;

"additive" means a substance or preparation used in animal nutrition in order to—

(a) affect favourably the characteristics of feed materials, compound feeding stuffs or animal products;(b) satisfy the nutritional needs of animals or improve animal production (in particular by affecting the gastro-intestinal flora or the digestibility of feeding stuffs);(c) introduce into nutrition elements conducive to obtaining particular nutritional objectives or to meeting the nutritional needs of animals at a particular time; or(d) prevent or reduce the harmful effects caused by animal excretions or improve the animal environment,

(a) 1970 c. 40; section 66(1) was amended by the Agriculture Act 1970 Amendment Regulations 1982 (S.I. 1982/980), the Feeding Stuffs Regulations 1995 (S.I. 1995/1412), the Fertilisers (Sampling and Analysis) Regulations 1996 (S.I. 1996/1342) and the Feeding Stuffs (Sampling and Analysis) Regulations 1999 (S.I. 1999/1663); section 68(1A) was inserted by the Agriculture Act 1970 Amendment Regulations 1982; section 69(1) was amended by the Feeding Stuffs Regulation 1995 (S.I. 1995/1412) and section 74A was inserted by the European Communities Act 1972, (c.68), Schedule 4, paragraph 6. Section 66 (1) contains definitions of the expressions "prescribed" and "regulations".

(b) 1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2), insofar within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

but excludes everything excluded from coverage of the Additives Directive by Article 1.2 and 1.3 thereof;

"the Additives Directive" means Council Directive 70/524/EEC concerning additives in feeding stuffs( a);

"the Agency" means the Food Standards Agency;

"ash" means the matter which results from the treatment of a feeding stuff in accordance with the appropriate procedure set out in the method of analysis for ash specified in Point 5 of the Annex to Directive 71/250/EEC( b);

"authorised", in relation to any additive, or the name of any additive, save in the expressions "authorised intermediate product" and "authorised medicated premix", and subject to paragraph (2) below, means authorised in or, as the case may be, under, the Additives Directive, and "authorisation" shall be construed accordingly;

"authorised intermediate product" and "authorised medicated premix" have the meanings given in regulation 2(1) of the Medicated Feedingstuffs Regulations 1998( c);

"the Certain Products Directive" means Council Directive 82/471/EEC concerning certain products used in animal nutrition( d);

"complementary feeding stuff", subject to regulation 14(10)(a), means a compound feeding stuff which has a high content of certain substances and which, by reason of its composition, is sufficient for a daily ration only if it is used in combination with other feeding stuffs;

"complete feeding stuff", subject to regulation 14(10)(a), means a compound feeding stuff which, by reason of its composition, is sufficient to ensure a daily ration;

"compound feeding stuff", subject to regulation 14(10)(a), means a mixture of feeding stuffs;

"the Compound Feeding Stuffs Directive" means Council Directive 79/373/EEC on the marketing of compound feedingstuffs( e);

"daily ration" means the average total quantity of feeding stuff, expressed on a 12% moisture basis, required daily by an animal of a given kind, age group and level of production in order to satisfy all its nutritional needs;

"dossier" means a dossier compiled in accordance with the relevant provisions of the Dossiers Directive and which includes—

(a) an identification note (containing where applicable the information specified in Article 9o.1 of the Additives Directive);(b) any monograph supplied pursuant to Article 9n.3 of the Additives Directive; and(c) in the case of an additive to which Article 7a of the Additives Directive applies, the documents referred to in the indented paragraphs of the first paragraph of that Article;

"the Dossiers Directive" means Council Directive 87/153/EEC fixing guidelines for the assessment of additives in animal nutrition( f);

"EC approved Article 2.2(d) establishment" means an establishment listed on a register of approved establishments, maintained by a competent authority in a member State, in implementation of Article 5 of the Establishments Directive, as an establishment on which a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of that Directive, may be manufactured with a view to putting it into circulation;

"EC approved Article 2.2(f) establishment" means an establishment listed on a register of approved establishments, maintained by a competent authority in a member State, in implementation of Article 5 of the Establishments Directive, as an establishment on which a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of that Directive, may be produced for the exclusive requirements of the producer's holding;

"EC permitted Article 2.2(d) establishment" means an establishment located in a member State (other than an EC approved Article 2.2(d) establishment or an establishment which a competent authority in the member State has declined to approve as such an establishment) if—

(a) O.J. No. L 270, 14.12.70, p.1 (O.J./S.E. Vol. 18, p.4).

(b) O.J. No. L 155, 12.7.71, p.13 (O.J./S.E. 1971(II), p.480).

(c) S.I. 1998/1046, to which there is an amendment not relevant to these Regulations.

(d) O.J. No. L 213, 21.7.82, p.8.

(e) O.J. No. L 86, 6.4.79, p.30.

(f) O.J. No. L 64, 7.3.87, p.19, as amended by Commission Directive 94/40/EC (O.J. No. L 208, 11.8.94, p.15) and Commission Directive 95/11/EC (O.J. No. L 106, 11.5.95, p.23).

(a) a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of the Establishments Directive, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998; and(b) before 1st September 1998, an application (which is pending) in respect of the establishment, was made to a competent authority in the member State, in accordance with any requirements in the member State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be manufactured with a view to putting it into circulation;

"EC permitted Article 2.2(f)...

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