The Feedingstuffs (Sampling and Analysis) (Amendment) Regulations 1994

Made: 6th June 1994

Laid before Parliament: 20th June 1994

Coming into force: 11th July 1994

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 66(1), 79(2) and 84 of the Agriculture Act 1970[^f00001], and of all other powers enabling them in that behalf, after consultation as required by section 84(1) of the said Act with such persons or organisations as appear to them to represent the interests concerned, hereby make the following Regulations:

Title, commencement and interpretation

1

• (1) The Regulations may be cited as the Feedingstuffs (Sampling and Analysis) (Amendment) Regulations 1994 and shall come into force on 11th July 1994.

• (2) In these Regulations “the principal Regulations” means the Feedingstuffs (Sampling and Analysis) Regulations 1982[^f00002].

Amendment of the principal Regulations

2

The principal Regulations are hereby further amended in accordance with regulation 3 below.

3

In Schedule 2 (METHODS OF ANALYSIS)—

• (a) in paragraph 3 (Methods of Analysis)—

• (i) item 16 shall be deleted,

• (ii) for item 26a there shall be substituted the following item:

(26a) Aflatoxin B₁ — one-dimensional thin layer chromatographic method

, and

• (iii) for item 26b there shall be substituted the following item:

(26b) Aflatoxin B₁ — high performance liquid chromatographic method

• (b) for the provisions relating to method 4: Protein, there shall be substituted the provisions set out in Schedule 1 to these Regulations;

• (c) for the provisions relating to method 9: Fibre, there shall be substituted the provisions set out in Schedule 2 to these Regulations;

• (d) the provisions contained in method 16: Copper — Diethyldithiocarbamate spectrophotometric method, shall be deleted;

• (e) in method 26a: Aflatoxin B₁ — for certain straight feedingstuffs—

• (i) for the heading and paragraph 1 there shall be substituted the following provisions:

(1) This method is for the determination of aflatoxin B₁ in raw materials and straight feedingstuffs. This method is not applicable to raw materials and straight feedingstuffs containing citrus pulp. The lower limit of determination is 0.01 mg/kg (10 ppb). In the presence of interfering substances it is necessary to repeat the analysis using method 26b (high performance liquid chromatography).

• (ii) in paragraph 5.0 (Defatting) for the word “before” there shall be substituted the word “after”;

• (f) for the provisions relating to method 26b: Aflatoxin B₁ — for all other feedingstuffs, there shall be substituted the provisions set out in Schedule 3 to these Regulations.

SCHEDULE 1 — PROVISIONS TO BE SUBSTITUTED FOR METHOD 4 IN SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

SCHEDULE 2 — PROVISIONS TO BE SUBSTITUTED FOR METHOD 9 IN SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

SCHEDULE 3 — PROVISIONS TO BE SUBSTITUTED FOR METHOD 26b IN SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

Signed

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

Gillian Shephard — Minister of Agriculture, Fisheries and Food — 26th May 1994.

Hector Monro — Parliamentary Under Secretary of State, Scottish Office — 6th June 1994

Signed by authority of the Secretary of State for Wales

Wyn Roberts — Minister of State, Welsh Office — 31st May 1994

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Feedingstuffs (Sampling and Analysis) Regulations 1982 (“the principal Regulations”). Regulation 3 amends Schedule 2 to the principal Regulations, by modifying a method relating to Aflatoxin B₁, replacing methods relating to Aflatoxin B₁, protein and fibre and by deleting a method relating to Copper—Diethyldithiocarbamate.

These Regulations implement the following Community legislation:

• (a) Commission Directive 92/89/EEC (OJ No. L 344, 26.11.92, p. 35), amending Fourth Commission Directive 73/46/EEC (OJ No. L 83, 30.3.73, p. 21) establishing Community methods of analysis for the official control of feedingstuffs;

• (b) Commission Directive 92/95/EEC (OJ No. L 327, 13.11.92, p. 54), amending Seventh Commission Directive 76/372/EEC (OJ No. L 102, 15.4.76, p. 8) establishing Community methods of analysis for the official control of feedingstuffs.

• (c) Commission Directive 93/28/EEC (OJ No. L 179, 22.7.93, p. 8), amending Third Commission Directive 72/119/EEC (OJ No. L 123, 29.5.72, p. 6) establishing Community methods of analysis for the official control of feedingstuffs;

• (d) Commission Directive 94/14/EC (OJ No. L 94, 13.4.94, p. 30), amending Seventh Commission Directive 76/372/EEC (OJ No L 102, 15.4.76, p. 8) establishing Community methods of analysis for the official control of feedingstuffs.

A compliance cost assessment relating to these Regulations has been placed in the libraries of both Houses of Parliament.

Footnotes

[^f00001]: 1970 c. 40. 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.

[^f00002]: S.I. 1982/1144, amended by S.I. 1984/52 and S.I. 1985/1119.

[^f00003]: OJ No. L 102, 15.4.1976, p. 8.

[^f00004]: Egmond, H.P. van, Heisterkamp, S.H. and Paulsch, W.E. (1991). Food Additives and Contaminants 8, 17-29.

[^f00005]: ISO 3534-1977.

[^f00006]: OJ No. L 351, 2.12.1989, p. 39.