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The Department of Health, Social Services and Public Safety acting in exercise of the powers conferred by sections 66(1), 68(1), (1A) and (3), 69(1), (3), (6) and (7), 70(1), 73(3), 74(1), 74A, 77(4), 78(6), 84 and 86 of the Agriculture Act 1970[1] (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) Regulations (Northern Ireland) 2000[2]) and of all other powers enabling it in that behalf, after consultation with such persons or ogranisations as appear to it to represent the interests concerned, and being a Department designated[3] for the purposes of section 2(2) of the European Communities Act 1972[4] in relation to the common agricultural policy of the European Community and measures in the veterinary and phytosanitary fields for the protection of public health, in exercise of the powers conferred on it by the said section 2(2)[5] (in so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above), and of all other powers enabling it in that behalf, hereby makes the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the Feeding Stuffs (Amendment) Regulations (Northern Ireland) 2001 and shall come into operation on 1st February 2002. (2) The Interpretation Act (Northern Ireland) 1954[6] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly. Amendment of the Feeding Stuffs Regulations (Northern Ireland) 2001 2. The Feeding Stuffs Regulations (Northern Ireland) 2001[7] shall be amended in accordance with regulations 3 to 18. 3. In regulation 2 (interpretation) -
(b) in respect of which, before 10th August 2000, an application (which is pending) was made to a competent authority in the EEA State concerned, in accordance with any requirements in that 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;
(b) in respect of which, before 10th August 2000, an application (which is pending) was made to a competent authority in the EEA State concerned, in accordance with any requirements in that 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 produced for the exclusive requirements of the producer's holding;";
(c) for paragraph (8) there shall be substituted the following paragraph -
4.
In paragraph (1) of regulation 5 (forms of statutory statement), for ", Article 5.2 of the Compound Feeding Stuffs Directive and paragraph (2)" there shall be substituted "and in Article 5.2 of the Compound Feeding Stuffs Directive, (which shall be observed where applicable), and to paragraph (2),".
(b) the mis-statement did not, at the time of putting into circulation, exceed any limits of variation prescribed in relation thereto in the State concerned, and".
6.
In regulation 9 (manner of packaging and sealing compound feeding stuffs, additives and premixtures) -
(b) in each of paragraphs (2) and (3), for "sold" there shall be substituted "put into circulation"; and (c) in paragraph (2)(a), for "or sellers of compound feeding stuffs" there shall be substituted "of compound feeding stuffs or those putting them into circulation".
7.
- (1) In each of the provisions specified in paragraph (2), for "sell, or have in possession with a view to sale" there shall be substituted "put into circulation".
(6A) A person shall not import into Northern Ireland from any country which is neither a member State, nor an EEA State which is not a member State, nor another part of the United Kingdom, sell or have in possession with a view to sale, supply (otherwise than on sale) or have in posession with a view to so supplying, any feed material, or use any feed material, which is deleterious to the environment[8]."
9.
In regulation 11(5) (control of additives in feeding stuffs) for "added substance" there shall be substituted "additive".
(ii) after sub-paragraph (a)(iv) there shall be added the following provisions -
(vi) an EEA approved or permitted Article 2.2(f) establishment;"; and
(b) in paragraph (5) -
(ii) for sub-paragraph (b) there shall be substituted the following sub-paragraph -
11.
In regulation 13 (control of compound feeding stuffs containing prohibited materials) -
(b) after paragraph (2) there shall be added the following paragraph -
12.
In regulation 16(2) (control of ash insoluble in hydrochloric acid in compound feeding stuffs), for "sale" there shall be substituted "putting into circulation".
14.
Regulation 27(a) and (c)(ii) shall be revoked.
(c) in paragraph 7, for sub-paragraph (c)(ix) there shall be substituted the following provisions -
(x) when the establishment producing the feed material must be approved in accordance with Council Directive 90/667/EEC laying down the veterinary rules for the disposal and processing of animal waste, its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin, and amending Directive 90/425/EC; the name or business name, and the address or registered business address, of the establishment, the approval number, the batch reference number, or any other particulars which ensure that the material can be traced[11].";
(d) in paragraph 9, for sub-paragraph (1)(a) there shall be substituted the following sub-paragraph -
(e) in paragraph 14 -
(f) in paragraph 16(2), after "whole grain mix" there shall be added "which is sold or otherwise put into circulation";
(e) the description or trade name of the feeding stuff; (f) the price of feeding stuff; and (g) the country of origin or manufacture of the feeding stuff.";
(j) in paragraph 25(1), after "other than pet animals," there shall be added "which is sold or otherwise put into circulation,"; and
17.
- (1) In Schedule 5 (contents of the statutory statement (for additives and premixtures not contained in feeding stuffs)), in each of the provisions specified in paragraph (2), for "Community" there shall be substituted "Economic Area".
(b) in regulation 10, in subsubsection (17) of section 76 of the Agriculture Act 1970 as modified by that regulation, for the references to "the Feeding Stuffs Regulations (Northern Ireland) 1995" there shall be substituted references to "the Feeding Stuffs Regulations (Northern Ireland) 2001".
Commission Regulation (EC) No. 2316/98 concerning authorisation of new additives and amending the conditions for authorisation of a number of additives already authorised in feedingstuffs[14]. Commission Regulation (EC) No. 1594/1999 amending the conditions for the authorisation of an additive in feedingstuffs[15]. Commission Regulation (EC) No. 2439/1999 on the conditions for authorisation of additives belonging to the group "binders, anti-caking agents and coagulants" in feedingstuffs[16]. Commission Regulation (EC) No. 1353/2000 concerning the permanent authorisation of an additive and the provisional authorisation of new additives, new additive uses and new preparations in feedingstuffs[17]. Commission Regulation (EC) No. 2437/2000 concerning the permanent authorisation of an additive and the provisional authorisation of new additives in feedingstuffs[18]. Commission Regulation (EC) No. 418/2001 concerning the authorisation of new additives and uses of additives in feedingstuffs[19]. Commission Regulation (EC) No. 937/2001 concerning the authorisation of new additive uses, new additive preparations, the prolongation of provisional authorisations and the 10 year authorisation of an additive in feedingstuffs[20]. (This note is not part of the Regulations.) These Regulations amend the Feeding Stuffs Regulations (Northern Ireland) 2001 ("the principal Regulations") and implement -
(b) Commission Decision 2000/285/EEC amending Decision 91/516/EEC establishing a list of ingredients whose use is prohibited in compound feedingstuffs (O.J. No. L94, 14.4.2000, p. 43).
These Regulations also provide for the enforcement of the following new European Community Regulations -
(b) Commission Regulation (EC) No. 418/2001 concerning the authorisation of new additives and uses of additives in feedingstuffs (O.J. No. L62, 2.3.2001, p. 3), and (c) Commission Regulation (EC) No. 937/2001 concerning the authorisation of new additive uses, new additive preparation, the prolongative of provisional authorisation and the 10 year authorisation of an additive in feedingstuffs (O.J. No. L 130, 12.5.2001, p. 25).
The main changes to the principal Regulations are as follows:
(b) prohibitions are added on the importation, supply, possession with a view to such supply and use of feed materials harmful to animals, to humans consuming products of such animals or to the environment. As regards the environment, the prohibition is applied also to sale and possession with a view to sale (regulation 8); (c) the prohibition on the sale for use as a compound feeding stuff, or of "sludge from sewage plants treating waste water", is replaced by one on the sale or use of "waste obtained from the treatment of waste water" (regulation 11); (d) additional labelling requirements are prescribed for feed material and compound feeding stuffs (regulation 16(c) and (e) respectively); (e) the scope of certain provisions, previously applying only in relation to member States of the European Community, is extended to cover all States which are signatories to the Agreement on the European Economic Area (regulations 5, 10 and 17).
In addition, the Regulations make minor and consequential amendments to the principal Regulations and consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999. Notes: [1] 1970 c. 40; as amended by S.I. 1982/980back [4] 1972 c. 68. The enabling powers conferred by section 2(2) were extended by virtue of section 1 of the European Economic Area Act 1993 (c. 51)back [5] As read with section 2(5) of the European Economic Area Act 1993back [8] Sections 73 and 73A of the Agriculture Act 1970 were modified by S.R. 2001/47back [9] O.J. No. L135, 30.5.1991, p. 40back [10] O.J. No. L281,9.10.91. p. 23. Last amended by Commission Decision 2000/285/EC amending Decision 91/516/EEC establishing a list of ingredients whose use is prohibited in compound feeding stuffs (O.J. No. L94, 14.4 2000, p. 43).back [11] O.J. No. L363,27.12.90, p. 51. Last amended by the 1994 Act of Accession (O.J. No. C41, 29.8.94 p. 155).back [12] S.I. 1999/2325. Modified by S.R. 2000/78 and by S.R. 2001/47back [13] Certain of the listed Regulations relate to categories of additive which also include additives controlled by the Additives Directive, and which are thus listed in the relevant Part of Parts I to VIII to the Table to the Schedule (e.g. the preservative formic acid is covered by Regulation (EC) No. 1594/1999 (above), whereas certain other preservatives are covered by Part VII of the Table).back [14] O.J. No. L289, 28. 10.98, p. 4.back [15] O.J. No. L188, 21.7.1999, p. 35back [16] O.J. No. L297, 18.11.1999, p. 8. The Annex to this Regulation is now replaced by the Annex to Regulation (EC) No. 739/2000 (O.J. No. L87, 8.4.200, p. 14)back [17] O.J. No. L155, 28.6.2000, p. 15back [18] O.J. No. L280, 4.11.2000, p. 28back [19] O.J. No. L62, 2.3.2001, p. 3back [20] O.J. No. L130, 12.5.2001, p. 25.".back
ISBN 0 33794119 X
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