The Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001
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In exercise of the powers conferred on Ministers of the Crown by sections 66(1), 68(1) and (1A), 69(1), 74A and 84 of the Agriculture Act 1970[1],which are now exercisable in Wales by the National Assembly for Wales[2], and after consultation as required by section 84(1) of that Act with the persons or organisations appearing to represent the interests concerned, and being 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, 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), the National Assembly for Wales makes the following Regulations: Title, application and commencement 1. These Regulations may be cited as the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, shall apply to Wales only and shall come into force on 3rd November 2001. Amendment of the Feeding Stuffs (Wales) Regulations 2001 2. The Feeding Stuffs (Wales) Regulations 2001[6] shall be amended in accordance with regulations 3 to 16 below. 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 European Economic Area 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 European Economic Area 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) in paragraph (8), for the words "these Regulations are made" there shall be substituted the words "the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001 are made". 4. - (1) In each
of the provisions specified in paragraph (2) below, after the words "the
Feeding Stuffs (Wales) Regulations 2001" there shall be added the words
"as amended by the Feeding Stuffs and the Feeding Stuffs (Enforcement)
(Amendment) (Wales) Regulations 2001".
(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)
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(b) in each of paragraphs (2) and (3), for the word "sold" there shall be substituted the words "put into circulation"; and (c) in paragraph 2(a), for the words "or sellers of compound feeding stuffs" there shall be substituted the words "of compound feeding stuffs or those putting them into circulation". 7. - (1) In each
of the provisions specified in paragraph (2) below, for the words "sell,
or have in possession with a view to sale" there shall be substituted the
words "put into circulation".
(6A) No person shall import into Wales from any country which is neither a member State, nor an European Economic Area 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 possession with a view to so supplying, any feed material, or use any feed material, which is deleterious to the environment."[7]. 9. In regulation 12 (control
of feeding stuffs and feed materials containing undesirable substances)
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(ii) after subparagraph (a)(iv) there shall be added the following provisions -
(vi) a European Economic Area approved or permitted Article 2.2(f) establishment;"; and (b) in paragraph (5) -
(ii) for subparagraph (b) there shall be substituted the following subparagraph -
10. In regulation 13
(control of compound feeding stuffs containing prohibited materials)
-
(b) after paragraph (2) there shall be added the following paragraph
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11. In regulation 16(2)
(control of ash insoluble in hydrochloric acid in compound feeding stuffs)
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(b) in subparagraph (a) there shall be added at the end the following words "or in Commission Regulation (EC) No. 2697/2000 concerning the provisional authorisations of additives in feedingstuffs".[10] 12. In regulation 24(2), for
the word "regulations" to the end there shall be substituted the following
provisions -
13. Regulation 27(a), (c)
and (d)(ii) shall be revoked.
(b) taking into account any such colourant as is naturally present, the maximum content (if any) specified in relation thereto in column 5 of that Part is not exceeded; and (c) the material complies with the conditions (if any) specified in relation thereto in column 6 of that Part. (2) Subparagraph (1) above shall not apply to
any added colourant which is intended for use in accordance with
Commission Regulation (EC) No. 2697/2000 concerning the provisional
authorisations of additives in feedingstuffs.";
(d) for the provisions in Part IX of the Table (European Community Regulations by which additives are controlled) there shall be substituted the provisions set out in Schedule 2 to these Regulations. 15. In Schedule 4 (contents
of the statutory statement or other declaration (except for additives and
premixtures not contained in feeding stuffs)) -
(c) in paragraph 7, for subparagraph (c)(ix) there shall be substituted the following provisions -
(x) where 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, for 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 subparagraph (1)(a) there shall be
substituted the following paragraph -
(e) in paragraph 14 -
(f) in paragraph 16(2), after the words "whole grain mix" there shall
be added the words "which is sold or otherwise put into
circulation";
(e) the description or trade name of the feeding stuff; (f) the price of the feeding stuff; and (g) the country of origin or manufacture of the feeding stuff."; (i) in paragraph 23(1), after the words "complementary feeding stuff
which" there shall be added the words "is sold or otherwise put into
circulation, and"; 16. - (1) In
Schedule 5, in each of the provisions specified in paragraph (2) below,
for the word "Community" there shall be substituted the words "Economic
Area".
(b) for regulation 9, there shall be substituted the following provisions:
9. In relation to Wales, section 67(8) of the Act shall (as specified in regulation 7) have effect as if, for the provisions of that subsection, there were substituted the following provisions:
(b) enforced or administered by it without sufficient regard to the requirements of Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition, as amended by Council Directive 1999/20/EC, it may appoint one or more inspectors to exercise the powers
exercisable by inspectors appointed by the authority in question, and
any expenses certified by it as having been incurred by it under this
subsection shall be repaid to it on demand by that authority."[13];
and
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[16]. Commission Regulation (EC) No. 1594/1999 amending the conditions for the authorisation of an additive in feedingstuffs[17]. 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[18]. 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[19]. Commission Regulation (EC) No. 2437/2000 concerning the permanent authorisation of an additive and the provisional authorisation of new additives in feedingstuffs[20]. Commission Regulation (EC) No. 2697/2000 concerning the provisional authorisations of additives in feedingstuffs[21]. Commission Regulation (EC) No. 418/2001 concerning the authorisations of new additives and uses of additives in feedingstuffs[22]."
(This note does not form part of the Regulations) 1. These Regulations, which apply to Wales only and come into force on 3rd November 2001, amend the Feeding Stuffs (Wales) Regulations 2001 and the Feeding Stuffs (Enforcement) Regulations 1999 insofar as they apply to Wales. 2. The Regulations implement -
(b) Directive 2000/16/EC of the European Parliament and of the Council amending Directive 79/373/EC on the marketing of compound feedingstuffs (OJ No. L105, 3.5.2000, p. 36), and (c) Council Directive 96/25/EC on the circulation of feed materials (OJ No. 125, 23.5.1996, p.35). 3. The Regulations
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(b) modify measures on the control of compound feeding stuffs to prohibit the use of material from waste treatment processes (regulation 10); (c) add the three new (directly applicable) Commission Regulations specified below to the list, in Part IX of Schedule 3 to the Feeding Stuffs (Wales) Regulations 2001 (regulation 14). The new Commission Regulations are -
Commission Regulation (EC) No. 2697/2000, (OJ No. L319, 16.12.2000, p.1). Commission Regulation (EC) No. 418/2001, (OJ No. L62, 2.3.2001, p.3). (d) make minor typographical and other miscellaneous amendments to
existing legislation. 4. A regulatory appraisal for these
Regulations has been prepared pursuant to section 65 of the Government of
Wales Act 1998 and placed in the library of the National Assembly for
Wales. Copies may be obtained from the Food Standards Agency, 1st Floor,
Southgate House, Cardiff CF10 1EW. Notes: [1] 1970 c. 40; section 74A was inserted by the European Communities Act 1972, c. 68, Schedule 4, paragraph 6, and the Act was amended by the Agriculture Act 1970 Amendment Regulations 1982 (S.I. 1982/980). 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.back [2] By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back [3] By virtue of the European Communities (Designation)(No. 3) Order 1999 (S.I. 1999/2788).back [5] As read with section 2(5) of the European Economic Area Act 1993 (c.51).back [7] Sections 73 and 73A of the Agriculture Act 1970 were modified, in relation to Wales, by S.I. 2001/343.back [8] OJ No.L135, 30.5.1991, p.40.back [9] OJ 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 (OJ No. L94, 14.4.2000, p.43).back [10] OJ No. L319, 16.12.2000, p. 1.back [11] OJ No. L363, 27.12.90, p.51. Last amended by the 1994 Act of Accession (OJ No. C41, 29.8.94, p.155).back [12] S.I. 1999/2325. Modified (in relation to England and Wales) by S.I. 2000/656 and (in relation to Wales) by S.I. 2001/343.back [13] The reference for Council Directive 95/53/EC is OJ No. L265, 8.11.95, p.17. The reference for Council Directive 1999/20/EC is OJ No. L80, 25.3.99, p.20.back [15] 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 of the Table to this 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 [16] OJ No. L289, 28.10.98, p.4.back [17] OJ No. L188, 21.7.1999, p.35.back [18] OJ No. L297, 18.11.1999, p.8. The Annex to this Regulation is now replaced by the Annex to Regulation (EC) No. 739/2000 (OJ No. L87, 8.4.2000, p.14).back [19] OJ No. L155, 28.6.2000, p.15. As regards the additives specified in Annexes III and IV of this Regulation, see now the corresponding entries in Regulation (EC) No. 2697/2000 above.back [20] OJ No. L280, 4.11.2000, p.28.back [21] OJ No. L319, 16.12.2000, p.1.back [22] OJ No. L62, 2.3. 2001, p.3.back
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© Crown copyright 2001 | Prepared 19 April 2002 |