The Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016

JurisdictionUK Non-devolved
CitationSI 2016/386
Year2016

2016 No. 386 (W. 120)

Agriculture, Wales

The Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016

Made 15th March 2016

Laid before the National Assembly for Wales 17th March 2016

Coming into force 12th May 2016

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 66, 68, 74A and 84 of the Agriculture Act 19701and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19722.

The Welsh Ministers have been designated for the purposes of the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms3, measures relating to feed produced for or fed to food-producing animals4, measures in the veterinary and phytosanitary fields for the protection of public health5and measures in relation to the common agricultural policy of the European Union6.

As set out above, these Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for references in these Regulations 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 open and transparent public consultation during the preparation of these Regulations in accordance with the requirements of Article 9 of Regulation (EC) No. 178/2002of 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 safety7or, in the case of provisions relating to feed for non food-producing animals, of section 84(1) of the Agriculture Act 1970.

1 Introductory and general

PART 1

Introductory and general

S-1 Title, commencement and application

Title, commencement and application

1.—(1) The title of these Regulations is the Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016.

(2) These Regulations come into force on 12 May 2016 and apply in relation to Wales.

S-2 Interpretation and scope

Interpretation and scope

2.—(1) In these Regulations—

“the Agency” (“yr Asiantaeth”) means the Food Standards Agency;

“Directive 82/475” (“Cyfarwyddeb 82/475”) means Commission Directive 82/475/EEClaying down the categories of feed materials which may be used for the purposes of labelling compound feedingstuffs for pet animals8;

“Directive 2002/32” (“Cyfarwyddeb 2002/32”) means Directive 2002/32/ECof the European Parliament and of the Council on undesirable substances in animal feed9;

Directive 2008/38” (“Cyfarwyddeb 2008/38”) means Commission Directive 2008/38/ECestablishing a list of intended uses of animal feedingstuffs for particular nutritional purposes10;

“feed authority” (“awdurdod bwyd anifeiliaid”) means an authority identified in section 67(1) of the Agriculture Act 1970 as having the duty to enforce Part IV of that Act within its area;

“Regulation 178/2002” (“Rheoliad 178/2002”) means Regulation (EC) No 178/2002of 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 safety11;

“Regulation 1829/2003” (“Rheoliad 1829/2003”) means Regulation (EC) No 1829/2003of the European Parliament and of the Council on genetically modified food and feed12;

“Regulation 1831/2003” (“Rheoliad 1831/2003”) means Regulation (EC) No 1831/2003of the European Parliament and of the Council on additives for use in animal nutrition13;

“Regulation 767/2009” (“Rheoliad 767/2009”) means Regulation (EC) No 767/2009of 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 1831/2003and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/ECand 96/25/ECand Commission Decision 2004/217/EC14;

(2) Any expression used in these Regulations and in Regulation 178/2002, Regulation 1831/2003 or Regulation 767/2009 has the meaning in these Regulations that it bears in the EU Regulation concerned.

(3) Any reference in these Regulations to an Annex to Directive 82/475, Directive 2002/32, Directive 2008/38, Regulation 1831/2003 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 Regulation15.

2 Enforcement of Regulation 178/2002

PART 2

Enforcement of Regulation 178/2002

S-3 Interpretation of this Part

Interpretation of this Part

3. In this Part any reference to a numbered Article is a reference to the Article so numbered in Regulation 178/2002.

S-4 Offence of failing to comply with a specified provision of Regulation 178/2002

Offence of failing to comply with a specified provision of Regulation 178/2002

4.—(1) A person who contravenes or fails to comply with a provision specified in paragraph (2) commits an offence.

(2) The specified provisions are—

(a)

(a) Article 12, in so far as it relates to feed (conditions on export or re-export to third countries);

(b)

(b) Article 15(1) (prohibition on the placing on the market or feeding to any animal of unsafe feed);

(c)

(c) Article 16, in so far as it relates to feed (prohibition on misleading labelling, advertising or presentation);

(d)

(d) Article 18(2) and (3) (requirements that operators must have traceability information and make such information available to competent authorities) in so far as it relates to feed business operators; and

(e)

(e) Article 20 (responsibilities of feed business operators regarding feed that does not satisfy feed safety requirements).

S-5 Competent authorities for the purposes of Regulation 178/2002

Competent authorities for the purposes of Regulation 178/2002

5. The competent authority—

(a) for the purposes of Articles 15 and 18 is the feed authority in its area; and

(b) for the purposes of Article 20 is the feed authority in its area or the Agency.

3 Enforcement of Regulation 1829/2003

PART 3

Enforcement of Regulation 1829/2003

S-6 Interpretation of this Part

Interpretation of this Part

6. In this Part any reference to a numbered Article is a reference to the Article so numbered in Regulation 1829/2003.

S-7 Offence of failing to comply with a specified provision of Regulation 1829/2003

Offence of failing to comply with a specified provision of Regulation 1829/2003

7.—(1) A person who contravenes or fails to comply with a provision specified in paragraph (2) commits an offence.

(2) The specified provisions are—

(a)

(a) Article 16(2) (prohibition on placing on the market, using or processing a product referred to in Article 15(1)16unless it is covered by an authorisation and satisfies relevant conditions), as read with Article 20(6) (requirement that products in relation to which the Commission has adopted a measure under this Article must be withdrawn from the market);

(b)

(b) Article 21(1) (requirement that the authorisation holder and the parties concerned must comply with conditions imposed on an authorisation for that product, and that the authorisation holder must comply with post-market monitoring requirements);

(c)

(c) Article 21(3) (requirement that an authorisation holder inform the Commission of any new scientific or technical information about a product which might affect the evaluation of the safety of its use in feed, or of any prohibition or restriction on the feed in a third country); and

(d)

(d) Article 25 (requirement for certain labelling indications).

S-8 Competent authority for the purposes of Regulation 1829/2003

Competent authority for the purposes of Regulation 1829/2003

8. The national competent authority for the purposes of Chapter III of Regulation 1829/2003 is the Agency.

4 Enforcement of Regulation 1831/2003

PART 4

Enforcement of Regulation 1831/2003

S-9 Interpretation of this Part

Interpretation of this Part

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

S-10 Offence of failing to comply with a specified provision of Regulation 1831/2003

Offence of failing to comply with a specified provision of Regulation 1831/2003

10.—(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-paragraph (a) or (e) with Article 2 (transitional provision) of Commission Regulation (EU) No 2015/327 amending Regulation (EC) No 1831/2003of the European Parliament and of the Council as regards requirements for the placing on the market and conditions of use of additives consisting of preparations17.

(2) The specified provisions are—

(a)

(a) Article 3(1) (prohibition on placing on the market, processing or using a feed additive unless it is covered by an authorisation and satisfies relevant conditions), as read with paragraph (2) (national authorisation for scientific experimental purposes), paragraph (4) (conditions on mixing of additives) and Article 10 (status of existing products);

(b)

(b) Article 3(3) (restriction on the persons who may first place on the market certain additives);

(c)

(c) Article 12(1) (requirement that any person using or placing on the market an additive, or a feed into which it has been incorporated, or any other interested party, must ensure that any conditions which have been imposed are respected);

(d)

(d) Article 12(2) (requirement on the holder of an authorisation to observe monitoring obligations where they have been imposed, to inform the Commission of any new information about a product which might affect the evaluation of the safety of its use in...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT