The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005

Made: 28th November 2005

Laid before the Scottish Parliament: 30th November 2005

Coming into force: 1st January 2006

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , and of all other powers enabling them in that behalf, after consultation as required by Article 9 of Regulation (EC) No. 178/2002 of 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 safety , hereby make the following Regulations:

PART 1 — Preliminary

Citation, commencement and extent

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• (1) These Regulations may be cited as the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 and come into force on 1st January 2006.

• (2) These Regulations extend to Scotland only.

Interpretation

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• (1) In these Regulations–

• “the Act” means the Agriculture Act 1970 ;

• ...

• “agricultural analyst” means an agricultural analyst appointed under section 67A(2)(a) of the Act, and includes a deputy analyst;

• “the Animal Feed Regulations” means the Animal Feed (Scotland) Regulations 2010;

• “authorised officer”, in relation to an enforcement authority, means any person appointed by that authority under regulation 16(3);

• “enforcement authority” means the body identified as having the duty to enforce under regulation 16(1);

• “excluded additive” means any of the following feed additives–coccidiostats;histomonostats; ora zootechnical additive falling within category (d) of Article 6(1) of Regulation 1831/2003 except an additive that is either–a digestibility enhancer;a gut flora stabiliser; ora substance incorporated with the intention of favourably affecting the environment

• ...

• ...

• “premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft;

• “premixture” has the meaning given by Article 2(2)(e) of Regulation 1831/2003 excluding any mixture consisting solely of a combination of more than one excluded additive;

• “prescribed manner” means the manner prescribed by Regulation (EC) No. 152/2009 of the European Parliament and of the Council laying down the methods of sampling and analysis for the official control of feed or otherwise in accordance with Article 34 of Regulation 2017/625;

• “Regulation 178/2002” means Regulation (EC) No. 178/2002 of 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 safety as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety ;

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

• ...

• “Regulation 183/2005” means Regulation (EC) No 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene;

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

• “Regulation 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC,

• “Regulation (EU) 2019/1793” means Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660,

• ...

• “specified feed law” means the provisions listed in Schedule 1 but does not include those provisions in so far as they may apply to excluded additives or to premixtures consisting solely of a combination of excluded additives.

• (2) Subject to paragraph (3), any other expression used both in these Regulations and in Regulation 178/2002, ... Regulation 183/2005 or Regulation 2017/625 has the same meaning as it bears in Regulation 178/2002, ... Regulation 183/2005 or Regulation 2017/625 as the case may be.

• (3) In these Regulations “feed” or “feeding stuff” does not include any excluded additive or any premixtures consisting solely of a combination of more than one excluded additive.

• (4) Where, apart from this paragraph, any period of less than 7 days which is specified in these Regulations would include any day which is–

• (a) a Saturday, a Sunday, Christmas Day or Good Friday; or

• (b) a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 ,

that day shall be excluded from the period.

• (5) Any reference in these Regulations to an Annex to Regulation 183/2005 is a reference to that Annex as amended from time to time.

PART 2 — Enforcement of Regulation 183/2005

Scope and interpretation of Part 2

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• (1) This Part does not apply to the activities mentioned in Article 2(2) of Regulation 183/2005.

• (2) Any reference in this Part to a numbered Article is a reference to the Article so numbered in Regulation 183/2005.

Competent authorities

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The competent authority for the purposes of Regulation 183/2005 is Food Standards Scotland.

Offences and penalties

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• (1) Any person who contravenes or fails to comply with any of the provisions of Regulation 183/2005 set out in paragraph (2) is guilty of an offence and liable–

• (a) in the case of paragraph (2)(d), (e), (g), (h), (i) and (j)–

• (i) on summary conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding the statutory maximum, or both, or

• (ii) on conviction on indictment to a term of imprisonment not exceeding 2 years or to a fine, or both;

• (b) in the case of paragraph (2)(a), (b), (c), and (f), on summary conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding level 5 on the standard scale, or both.

• (2) The provisions referred to in paragraph (1) are–

• (a) Article 5(1), (2), (3), (5) and (6) (specific obligations);

• (b) Article 6(1), as read with (2) and (3) (HACCP system);

• (c) Article 7(1) (documents concerning the HACCP system);

• (d) Article 9(2) (official controls, notification and registration);

• (e) Article 11 (prohibition on operating without approval or registration);

• (f) Article 17(2) (exemption from on–site visits);

• (g) Article 18(3) (declaration of compliance);

• (h) Article 23(1) (conditions relating to imports);

• (i) Article 24 (interim measures regarding third country establishments);

• (j) Article 25 (feed produced for export to third countries).

Form of notification with a view to registration

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Any person who is required under Article 9 (officials controls, notification and registration) to notify the competent authority of the information mentioned in paragraph (2)(a) or (b) of that Article must ensure that any such notification–

• (a) is in writing and signed by that person or on that person's behalf;

• (b) contains that person's name and, if different, business name;

• (c) contains that person's address and, if different, the address of any establishment to which the notification relates;

• (d) identifies the feed business activities in such form as may be required by the enforcement authority; and

• (e) is properly addressed and sent to the enforcement authority in whose area the establishment is situated.

Form of declaration in relation to transitional measures

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Form of application for approval

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Where approval of a feed business establishment is required pursuant to Article 10, an application to the competent authority ... must be made which–

• (a) is in writing and signed by or on behalf of the applicant;

• (b) contains the name or business name and the address of the applicant and, if different, the address of the establishment;

• (c) identifies which of the feed business activities specified in Article 10(1) or, as may be specified pursuant to Article 10(3), the applicant is exercising or intends to exercise and for which approval is sought;

• (d) in the case of any person to whom Article 17(2) (exemption from on-site visits) applies, includes a statement to the effect that the establishment is one to which Article 17(1) applies and a declaration of compliance as required by paragraph (2) of that Article; and

• (e) is properly addressed and sent to the competent authority ....

Procedure for suspension of registration or approval

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• (1) Where a competent authority proposes to take action pursuant to Article 14 (temporary suspension of registration or approval) it must serve on the feed business operator a notice in accordance with paragraph (2).

• (2) The notice served by the enforcement authority under paragraph (1) must–

• (a) specify the date from which the notice takes effect, (“the operative date”);

• (b) state that it intends to suspend, on the operative date, approval or as the case may be registration pursuant to Article 14 and these Regulations;

• (c) specify the feed business activity or activities to which the notice relates;

• (d) identify the remedial action required;

• (e) state that unless remedial action has been carried out to the satisfaction of the enforcement authority within 1 year from the operative date, the registration or approval will be revoked without further notice on the first anniversary of the operative date; and

• (f) provide information on the time limits for appealing under regulation 13.

Procedure for lifting of suspension

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• (1) Where the competent authority which has served notice on a feed business operator under regulation 9 is satisfied that–

• (a) the remedial action required under paragraph (2)(d) of that regulation has been carried out; and

• (b) the period for action specified in paragraph 2(e) of that regulation has not expired,

it shall immediately lift the suspension and notify the feed business operator to that effect.

• (2) On an application by a feed business operator, the competent authority shall determine whether or not it is satisfied as specified in paragraph (1) within 28 days of such an application being received and shall notify the feed business operator of that determination.

Procedure for the revocation of registration or approval

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• (1) Where a competent authority proposes to take action in the circumstances set out in Article 15 (revocation of registration or approval) it must serve on the feed business operator a notice in accordance with paragraph (2).

• (2) The notice served by the enforcement authority under paragraph (1) must–

• (a) specify the date from which the notice takes effect;

• (b) state that registration or approval as the case may be has been revoked;

• (c) specify the feed business activity or activities to which the revocation relates;

• (d) identify which of the conditions of revocation set out in Article 15 is applicable;

• (e) provide information on the time limits for appealing under regulation 13.

• (3) Where the competent authority has revoked a registration or approval pursuant to this regulation it must make the appropriate amendments to its own register of feed business establishments to ensure compliance with Article 19(3) (updating of national lists).

Form of application for amendments to approval or registration

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• (1) Where a feed business operator wishes to apply for any amendment to an approval or registration pursuant to Article 16 (amendments to registration or approval of an establishment), an application to the competent authority ... must be made which–

• (a) is signed by or on behalf of the applicant;

• (b) contains the name or business name and address of the applicant and, if different, the address of the establishment;

• (c) identifies the activities to which the application for amendments to approval or registration relates;

• (d) is properly addressed to that authority.

Right of appeal in connection with registration or approval

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