The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022

Made: 13th December 2022

Laid before the Scottish Parliament: 15th December 2022

Coming into force: 9th February 2023

There has been consultation as required by Article 9 of Regulation (EC) 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[^f00003].

PART 1 — Introduction

Citation, commencement and extent

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• (1) These Regulations may be cited as the Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 and come into force on 9 February 2023.

• (2) These Regulations extend to Scotland only.

PART 2 — Amendment of feed additives authorisations legislation

Amendment of Commission Implementing Regulation (EU) No. 787/2013

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• (1) Commission Implementing Regulation (EU) No. 787/2013 concerning the authorisation of a preparation of Bacillus subtilis (ATCC PTA-6737) as a feed additive for turkeys for fattening and turkeys reared for breeding (holder of authorisation Kemin Europa N.V.)[^f00004] is amended in accordance with this regulation.

• (2) In the Annex, in the table, in the column headed “Additive”, for “Bacillus velezensis” substitute “Bacillus velezensis”.

Amendment of Commission Implementing Regulation (EU) 2015/1020

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• (1) Commission Implementing Regulation (EU) 2015/1020 concerning the authorisation of the preparation of Bacillus subtilis (ATCC PTA-6737) as a feed additive for laying hens and minor poultry species for laying (holder of the authorisation Kemin Europa NV)[^f00005] is amended in accordance with this regulation.

• (2) In the Annex, in the table, in the column headed “Additive”, for “Bacillus velezensis” substitute “Bacillus velezensis”.

Amendment of Commission Implementing Regulation (EU) 2017/2276

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• (1) Commission Implementing Regulation (EU) 2017/2276 concerning the authorisation of a new use of the preparation of Bacillus subtilis (ATCC PTA-6737) as a feed additive for sows (holder of the authorisation Kemin Europa N.V.)[^f00006] is amended in accordance with this regulation.

• (2) In the Annex, in the table, in the column headed “Composition, chemical formula, description, analytical method”, for “Bacillus velezensis” substitute “Bacillus velezensis”.

Amendment of the Feed Additives (Authorisations) (Scotland) Regulations 2022

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• (1) The Feed Additives (Authorisations) (Scotland) Regulations 2022[^f00007] are amended in accordance with this regulation.

• (2) In regulation 8(3) (transitional provision: Saccharomyces cerevisiae (identification number 4b1702)) after ““the prior authorisation” means” insert “an authorisation contained in”.

• (3) In regulation 9(5) (transitional: Bacillus velezensis (identification number 4b1823)) after ““the prior authorisation” means” insert “an authorisation contained in”.

• (4) In regulation 10(2) (transitional: Decoquinate (Deccox®) (identification number 51756i (formerly E756))) after ““the prior authorisation” means” insert “an authorisation contained in”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Amendment of miscellaneous food and feed legislation

Amendment of the Animal Feed (Scotland) Regulations 2010

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• (1) The Animal Feed (Scotland) Regulations 2010[^f00012] are amended in accordance with this regulation.

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

• (a) in paragraph (1)—

• (i) omit the definition of “Directive 82/475”,

• (ii) omit the definition of “Directive 2002/32”,

• (b) in paragraph (3) omit “Directive 82/475, Directive 2002/32,”.

• (3) In regulation 4(2) (enforcement of requirements of Regulation 767/2009) for “the Annex to Directive 82/475” substitute “schedule 3”.

• (4) In regulation 8 (interpretation of Part 4 of the Regulations) omit paragraph (a).

• (5) In regulation 9 (control of animal feeds containing undesirable substances)—

• (a) in paragraph (1)—

• (i) in sub-paragraph (a) for “feed that is specified in column 2 of Annex I” substitute “products intended for animal feed that are specified in column 2 of a table in schedule 4”,

• (ii) in the words after sub-paragraph (b), for “Annex” substitute “table”,

• (b) in paragraph (2)—

• (i) in sub-paragraph (a) for “Annex I” substitute “a table in schedule 4”,

• (ii) in sub-paragraph (b) for “Annex” substitute “table”,

• (c) in paragraph (3)—

• (i) for “Annex I” substitute “a table in schedule 4”,

• (ii) for “Annex”, in the second place it occurs, substitute “table”,

• (d) in paragraph (5)—

• (i) for “Annex I” substitute “a table in schedule 4”,

• (ii) for “Annex”, in the second place it occurs, substitute “table”,

• (e) in paragraph (7)—

• (i) omit the “and” at the end of sub-paragraph (c),

• (ii) after sub-paragraph (d) insert—

; and (e) peat; leonardite

• (f) after paragraph (8) insert—

(9) In order to reduce or eliminate sources of undesirable substances in products intended for animal feed, the feed authority must, in cooperation with feed business operators[^f00013], carry out investigations to identify the sources of undesirable substances, in cases where the maximum levels are exceeded and in cases where increased levels of such substances are detected, taking into account background levels; for the purpose of ensuring a uniform approach in cases of increased levels, action thresholds to trigger investigations are set out in table in schedule 5.

• (6) Schedule 1 has effect.

Amendment of the Materials and Articles in Contact with Food (Scotland) Regulations 2012

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• (1) The Materials and Articles in Contact with Food (Scotland) Regulations 2012[^f00014] are amended in accordance with this regulation.

• (2) In regulation 2 (interpretation)—

• (a) in paragraph (1)—

• (i) omit the definition of “Directive 84/500/EEC”,

• (ii) omit the definition of “Directive 2007/42/EC”,

• (b) in paragraph (3)—

• (i) omit “or to any Annex to Directive 2007/42/EC”,

• (ii) omit “or that Annex”.

• (3) In regulation 11(interpretation of this part) omit paragraph (3).

• (4) In regulation 12 (controls and limits)—

• (a) in paragraph (1)—

• (i) in both places where it occurs, for “Annex II” substitute “schedule 6”,

• (ii) for “that Annex” substitute “that schedule”,

• (b) in paragraph (2) for “Annex II” substitute “schedule 6”.

• (5) Schedule 2 has effect.

Amendment of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013

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• (1) The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013[^f00015] are amended in accordance with this regulation.

• (2) In regulation 2 (interpretation)—

• (a) in paragraph (1) omit the definition of “Directive 2009/32”,

• (b) in paragraph (2) omit “EU”,

• (c) in paragraph (3) omit “EU”,

• (d) in paragraph (4) for “EU instruments are Directive 2009/32,” substitute “instruments are”,

• (e) in paragraph (5) in the definition of “the EU Regulations” before “EU” insert “retained”.

• (3) Omit regulation 7 (controls on extraction solvents).

• (4) In regulation 8(a), for “Annex I” substitute “schedule 6”.

• (5) In regulation 9(a)—

• (a) in sub-paragraph (i), for “Annex I” substitute “schedule 6”,

• (b) in sub-paragraph (ii), for “that Annex” substitute “schedule 6”,

• (c) in sub-paragraph (iii), insert “and” at the end,

• (d) in sub-paragraph (iv), omit “and” at the end,

• (e) omit sub-paragraph (v).

• (6) In regulation 12(1)(a), for “Annex I” substitute “schedule 6”.

• (7) In regulation 14 (enforcement authorities), before “EU Regulations” insert “retained”.

• (8) In regulation 17(2) (application of various provisions of the Food Safety Act 1990), before “EU Regulations” insert “retained”.

• (9) Schedule 3 has effect.

Amendment of the Food Information (Scotland) Regulations 2014

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• (1) The Food Information (Scotland) Regulations 2014[^f00016] are amended in accordance with this regulation.

• (2) In schedule 3 (specified provisions of FIC, Regulation 828/2014 and Regulation 2018/775), in the table in Part 1 (specified FIC provisions applying on and from 13th December 2014), omit—

• (a) the entry relating to Article 17(2) (use of the name used for food in member State of production in another member State: need for other descriptive information in addition to the name of the food in certain cases),

• (b) the entry relating to Article 17(3) (prohibition in certain exceptional cases of the use of a name used for a food in a member State of production when marketing that food in another member State).

SCHEDULE 1 — Insertion of schedules 3, 4 and 5 of the Animal Feed (Scotland) Regulations 2010

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After schedule 2 (revocations) of the Animal Feed (Scotland) Regulations 2010 insert—

SCHEDULE 3

Description of the category	Definition
1. Meat and animal derivatives	All the fleshy parts of slaughtered warm-blooded land animals, fresh or preserved by appropriate treatment, and all products and derivatives of the processing of the carcase or parts of the carcase of warm-blooded land animals
2. Milk and milk derivatives	All milk products, fresh or preserved by appropriate treatment, and derivatives from their processing
3. Eggs and egg derivatives	All egg products fresh or preserved by appropriate treatment and derivatives from their processing
4. Oils and fats	All animal and vegetable oils and fats
5. Yeasts	All yeasts, the cells of which have been killed and dried
6. Fish and fish derivatives	Fish or parts of fish, fresh or preserved by appropriate treatment, and derivatives from their processing
7. Cereals	All types of cereal, regardless of their presentation, or products made from the starchy endosperm
8. Vegetables	All types of vegetables and legumes, fresh or preserved by appropriate treatment
9. Derivatives of vegetable origin	Derivatives resulting from the treatment of vegetable products, in particular cereals, vegetables, legumes and oil seeds
10. Vegetable protein extracts	All products of vegetable origin in which the proteins have been concentrated by an adequate process to contain at least 50% crude protein, as related to the dry matter, and which may be restructured (textured)
11. Minerals	All inorganic substances suitable for animal feed
12. Various sugars	All types of sugar
13. Fruit	All types of fruit, fresh or preserved by appropriate treatment
14. Nuts	All kernels from shells
15. Seeds	All types of seeds as such or roughly crushed
16. Algae	Algae, fresh or preserved by appropriate treatment
17. Molluscs and crustaceans	All types of molluscs, crustaceans, shellfish, fresh or preserved by appropriate treatment, and their processing derivatives
18. Insects	All types of insects and their stages of development
19. Bakery products	All bread, cakes, biscuits and pasta products

SCHEDULE 4