The Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013

Made: 27th November 2013

Laid before the Scottish Parliament: 28th November 2013

Coming into force: 12th January 2014

There has been 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[^f00002].

Citation and commencement

1

These Regulations may be cited as the Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013 and come into force on 12th January 2014.

Amendment of the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005

2

• (1) The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005[^f00003] are amended in accordance with paragraphs (2) to (4).

• (2) In regulation 2 (interpretation)—

• (a) in paragraph (1) for the definition of “Regulation 183/2005” substitute—

• “Regulation 183/2005” means Regulation (EC) No 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene[^f00004];

; and

• (b) after paragraph (4) insert—

(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.

• (3) For regulation 4 (competent authorities) substitute—

(4) (1) The competent authorities for the purposes of Regulation 183/2005 are— (a) in respect of Articles 9(1) and (3), 18(3), 20(2), 21(1) and 22(2)(b), the Agency and the feed authority; (b) in respect of Articles 7, 9(2), 10, 13, 14, 15, 16, 17, 18(1), (2) and (4) and 19(2), the feed authority; and (c) in respect of Article 19(1), the Agency. (2) The competent authorities for the purposes of the section headed “DIOXIN MONITORING” in Annex II to Regulation 183/2005 are— (a) in respect of paragraph 2(e), the feed authority; and (b) in respect of paragraph 7, the feed authority and the Agency.

• (4) For Schedule 2 (fees payable for approval) substitute the Schedule 2 in Schedule 1 to these Regulations.

Amendment of the Animal Feed (Scotland) Regulations 2010

3

• (1) The Animal Feed (Scotland) Regulations 2010[^f00005] are amended in accordance with paragraphs (2) to (4).

• (2) In regulation 2 (interpretation and scope)—

• (a) in paragraph (1), omit the definition of “Regulation 242/2010”; and

• (b) for paragraph (3) substitute—

(3) Any reference to an Annex to Directive 82/475, Directive 2002/32, Directive 2008/38 or Regulation 767/2009 is a reference to that Annex as it may be amended from time to time.

• (3) For paragraph (1) of regulation 4 (enforcement of requirements of Regulation 767/2009), substitute—

(1) Subject to the transitional provisions contained in Article 32, any person who— (a) contravenes or fails to comply with the provisions of Regulation 767/2009 specified in Schedule 1; or (b) places on the market or uses any feed that fails to comply with Article 6(1) or 8, commits an offence.

• (4) For Schedule 1 (specified provisions of Regulation 767/2009) substitute the Schedule 1 in Schedule 2 to these Regulations.

Consequential Amendment

4

In the Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2009[^f00006], omit regulation 2(3) (amendment of the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005).

SCHEDULE 1

SCHEDULE 2

Signed

RICHARD LOCHHEAD — A member of the Scottish Government — 27th November 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 (“the 2005 Regulations”) (regulation 2) and the Animal Feed (Scotland) Regulations 2010 (“the 2010 Regulations”) (regulation 3) in order to provide for the enforcement of Commission Regulation (EU) No 225/2012 amending Annex II to Regulation (EC) No 183/2005 of the European Parliament and of the Council as regards the approval of establishments placing on the market, for feed use, products derived from vegetable oils and blended fats and as regards the specific requirements for production, storage, transport and dioxin testing of oils, fats and products derived thereof (“Regulation 225/2012”).

Paragraph 1A of Schedule 2 to the European Communities Act 1972 is cited in the enabling powers for these Regulations because regulation 2 inserts a new provision into the 2005 Regulations that any reference to an Annex to Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for food hygiene (“Regulation 183/2005”) means that Annex as amended from time to time.

Regulation 2 amends the 2005 Regulations so that the definition of Regulation 183/2005 includes the amendment made to it by Regulation 225/2012. It also amends the designation of the competent authorities in the 2005 Regulations to cover the references in the new section on dioxin monitoring in Annex II to Regulation 183/2005. Regulation 2 replaces the existing Schedule 2 to the 2005 Regulations (fees payable for approval) to extend the requirement to pay a fee for approval to the categories of establishment now listed in Annex II of Regulation 183/2005.

Regulation 3 amends the 2010 Regulations to remove the definition of and references to Commission Regulation (EU) No 242/2010 of 19 March 2010 creating the catalogue of feed materials as that Regulation has been repealed.

It also amends regulation 4(c) and Schedule 1 to the 2010 Regulations. They provide that it is an offence for any person: (1) to contravene or fail to comply with specified provisions of Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 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, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (“Regulation 767/2009”); or (2) to place on the market or use any feed that fails to comply with Article 6(1) or 8 of Regulation 767/2009.

These Regulations also make a consequential amendment to the Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2009 (regulation 4).

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ and online at www.legislation.gov.uk.

Footnotes

[^f00001]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part 1. Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act and amended by Part 1 of Schedule 1 to the 2008 Act. The functions conferred on the Minister of the Crown under section 2(2), in so far as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not transferred, and in so far as relating to food (including drink) including the primary production of food, relevant functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005.

[^f00002]: OJ L 31, 1.2.2002, p.1, last amended by Commission Regulation (EC) No 596/2009 (OJ L 188, 18.7.2009, p.14).

[^f00003]: S.S.I. 2005/608, relevantly amended by S.S.I. 2009/263.

[^f00004]: OJ L 77, 16.3.2012, p.1, as last amended by Commission Regulation (EU) No 225/2012 amending Annex II to Regulation (EC) No 183/2005 of the European Parliament and of the Council as regards the approval of establishments placing on the market, for feed use, products derived from vegetable oils and blended fats and as regards the specific requirements for production, storage, transport and dioxin testing of oils, fats and products derived thereof.

[^f00005]: S.S.I. 2010/373.

[^f00006]: S.S.I. 2009/263.