LegalizeThe Animal Feed (Wales) Regulations 2010
Made: 25 October 2010
Laid before the National Assembly for Wales: 2 November 2010
Coming into force: 23 November 2010
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 66(1), 68(1), 74A(1), (2) and (4) and 84 of the Agriculture Act 1970 ; and by section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community , measures in the veterinary and phytosanitary fields for the protection of public health and measures relating to feed produced for or fed to food-producing animals , as read with paragraph 1A of Schedule 2 to that Act.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for references to the Annexes to the EU instruments mentioned in regulation 2(3) to be construed as references to those Annexes as they may be amended from time to time.
There has been open and transparent public consultation during the preparation of these Regulations in accordance with the requirements of 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 or, in the case of provisions relating to feed for non food-producing animals, of section 84(1) of the Agriculture Act 1970.
PART 1 — Introductory and general
Title, application and commencement
1
The title of these Regulations is the Animal Feed (Wales) Regulations 2010, they apply in relation to Wales and come into force on 23 November 2010.
Interpretation and scope
2
- (1) In these Regulations—
- “the Act” (“y Ddeddf”) means the Agriculture Act 1970;
- “Directive 82/475” (“Cyfarwyddeb 82/475”) means Commission Directive 82/475/EEC laying down the categories of feed materials which may be used for the purposes of labelling compound feedingstuffs for pet animals ;
- “Directive 2002/32” (“Cyfarwyddeb 2002/32”) means Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed ;
- “Regulation 1831/2003” (“Rheoliad 1831/2003”) means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition ;
- “Directive 2008/38” (“Cyfarwyddeb 2008/38”) means Commission Directive 2008/38/EC establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes ;
- “Regulation 767/2009” (“Rheoliad 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 ;
- ...
- “feed authority” (“awdurdod bwyd anifeiliaid”) means an authority identified in section 67(1A) of the Act as having the duty to enforce Part IV of the Act within its area.
- (2) Any expression used in these Regulations and in Regulation 1831/2003 or Regulation 767/2009 has the meaning in these Regulations that it bears in the Regulation concerned.
- (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.
- (4) These Regulations do not apply to any feed additive in category (d) or (e) of Article 6(1) of Regulation 1831/2003, with the exception of those in the functional groups listed in paragraph 4(a), (b) and (c) of Annex I to that Regulation .
PART 2 — Marketing and use of feed
Interpretation of this Part and Schedule 1
3
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Enforcement of requirements of Regulation 767/2009
4
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Competent authorities for the purposes of Regulation 767/2009
5
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PART 3 — Feed additives
Interpretation of this Part
6
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Enforcement of requirements of Regulation 1831/2003
7
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PART 4 — Undesirable substances in feed
Interpretation of this Part
8
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Control of animal feeds containing undesirable substances
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PART 5 — Feeds for particular nutritional purposes
Interpretation of this Part
10
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Control of feed intended for particular nutritional purposes
11
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PART 6 — Administration and enforcement
Penalties for offences under these Regulations
12
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Duties to enforce
13
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PART 7 — Amendments and modifications of the Agriculture Act 1970
Amendments and modifications of the Agriculture Act 1970
14
- (1) The Act is amended or modified, as the case may be, in accordance with paragraphs (2) to (9).
- (2) In section 66 (interpretation of Part IV)—
- (a) in subsection (1), after the definition of Regulation (EC) No 178/2002 insert the following definitions—
- “Regulation (EC) No 1831/2003” means Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition;
- “Regulation (EC) No 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;
; and
- (b) for subsection (2) substitute the following—
(2) For the purposes of this Part of this Act material shall be treated as sold for use as a fertiliser or feeding stuff whether it is sold to be so used by itself or as an ingredient in something which is to be so used.
- (3) In section 68 (duty of seller to give statutory statement)—
- (a) after subsection (5) insert the following subsection—
(5A) Nothing in subsections (1) to (5) applies to anyone to whom the requirements of Article 16 of Regulation (EC) No 1831/2003 (labelling and packaging of feed additives and premixtures) or of Chapter 4 of Regulation (EC) No 767/2009 (labelling, presentation and packaging) apply.
- (b) after subsection (6) add the following subsection—
(7) Failure to comply with the labelling requirements of Article 16 of Regulation (EC) No 1831/2003 or of Chapter 4 of Regulation (EC) No 767/2009 shall not invalidate a contract of sale, but such labelling shall, regardless of any contract or notice to the contrary, have effect as a warranty by the person who gives it that the particulars contained in it are correct.
- (4) In section 69 (marking of material prepared for sale), in subsection (1) omit the words “or feeding stuff”.
- (5) In section 70 (use of names or expressions with prescribed meanings)—
- (a) subsection (1)(a) in so far as it applies in relation to feeding stuffs applies as if the expression “under Regulation (EC) No 767/2009” were substituted for the expression “by regulations made for the purposes of this section”; and
- (b) after subsection (5) add the following subsection—
(6) Nothing in subsections (2) to (4) of this section shall apply to anyone to whom the labelling requirements of Regulation (EC) No 767/2009 apply.
- (6) In section 71 (particulars to be given of certain attributes if claimed to be present)—
- (a) subsection (4) in so far as it applies in relation to feeding stuffs applies as if—
- (i) the expression “the requirements of Article 13 of Regulation (EC) No 767/2009” were substituted for the expression “subsection (1) of this section”; and
- (ii) “that Article” were substituted for “that subsection”;
- (b) after subsection (5) add the following subsection—
(6) Nothing in subsections (1) to (3) of this section shall apply to anyone to whom Article 13 (claims) of Regulation (EC) No 767/2009 applies.
- (7) Sections 73 and 73A cease to have effect.
- (8) In section 74 (limits of variation) after subsection (2) add the following subsection—
(3) Nothing in subsection (2) shall apply to anyone to whom Article 11(5) and Annex IV (permitted tolerances) of Regulation (EC) No 767/2009 applies.
- (9) In section 74A, subsection (3) does not apply to regulations concerning feed.
PART 8 — Amendments to Regulations
Amendment of the Feed (Hygiene and Enforcement) (Wales) Regulations 2005
15
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Amendment of the Official Feed and Food Controls (Wales) Regulations 2009
16
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Revocations
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SCHEDULE 1 — ...
| Specified provision | Subject matter |
|---|---|
| Article 4, as read with Annex I and with the Annex to Regulation 242/2010 | General safety and other requirements to be met when feed is placed on the market or used |
| Article 5(1) | Extension of requirements in relation to feed for food-producing animals in other legislation to apply to feed for non food-producing animals |
| Article 5(2) | Obligation on person responsible for labelling to make information available to competent authority |
| Article 6(1), as read with Annex III | Prohibition or restriction on the marketing or use of certain materials for animal nutritional purposes |
| Article 8 | Controls on the levels of additives in feeds |
| Article 9 | Controls on the marketing of feeds for particular nutritional purposes |
| Article 11, as read with Annexes II and IV and with the Annex to Regulation 242/2010 | Rules and principles governing the labelling and presentation of feed |
| Article 12 | Designation of the person responsible for labelling and the obligations and responsibilities of that person |
| Article 13(1) | General conditions on making a claim about the characteristics or functions of a feed on the labelling or presentation of it |
| Article 13(2) and (3) | Special conditions applying to claims concerning optimisation of the nutrition and support or protection of the physiological conditions |
| Article 14(1) and (2) | Requirements for the presentation of the mandatory labelling particulars |
| Article 15, as read with Annex VI and VII and Article 21 | General mandatory labelling requirements for feed materials and compound feeds |
| Article 16, as read with Annex II and V and Article 21 and with the Annex to Regulation 242/2010 | Specific labelling requirements for feed materials |
| Article 17(1) and (2) as read with Annex II, VI and VII and Article 21 | Specific labelling requirements for compound feeds |
| Article 18 | Additional labelling requirements for feed for particular nutritional purposes (dietetic feeds) |
| Article 19 | Additional labelling requirements for pet food |
| Article 20(1) as read with Annex VIII | Additional requirements for labelling of non-compliant feed, such as that containing contaminated materials |
| Article 23 | Requirements relating to the packaging and sealing of feed materials and compound feeds for placing on the market |
| Article 24(5) | Requirement that if the name of a feed material listed in the Community Catalogue of feed materials is used, all relevant provisions of the Catalogue must be complied with |
| Article 24(6) | Obligation on a person who first places on the market a feed material not listed in the Community Catalogue to notify its use |
| Article 25(4) | Requirement that if use of the Community Codes of good labelling practice is indicated on labelling, all relevant provisions of the codes must be complied with |
SCHEDULE 2 — ...
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