The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016

Made: 15 March 2016

Laid before the National Assembly for Wales: 17 March 2016

Coming into force: 12 May 2016

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 66, 67, 74A, 79 and 84 of the Agriculture Act 1970 and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 .

The Welsh Ministers have been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to feed produced for or fed to food-producing animals , measures in the veterinary and phytosanitary fields for the protection of public health and measures in relation to the common agricultural policy of the European Union .

As set out above, 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 a reference in these Regulations to an EU instrument mentioned in regulation 2(5) to be construed as a reference to that instrument and any Annex to it as 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

Title, commencement and application

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• (1) The title of these Regulations is the Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016.

• (2) These Regulations come into force on 12 May 2016 and apply in relation to Wales.

Interpretation and scope

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• (1) In these Regulations—

• “the Act” (“y Ddeddf”) means the Agriculture Act 1970;

• “the Agency” (“yr Asiantaeth”) means the Food Standards Agency;

• “analyst” (“dadansoddwr”) means an agricultural analyst or a deputy agricultural analyst;

• “authorised officer” (“swyddog awdurdodedig”) means a person (whether or not an officer of the enforcement authority) who is authorised by the enforcement authority, either generally or specially, to act in relation to matters arising under these Regulations;

• “enforcement authority” (“awdurdod gorfodi”) means the body identified as having a duty to enforce under regulation 21;

• “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 that Act within its area;

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

• “prescribed manner” (“modd rhagnodedig”) means the manner prescribed by Regulation 152/2009;

• ...

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

• “Regulation 152/2009” (“Rheoliad 152/2009”) means Commission Regulation (EC) No 152/2009 laying down the methods of sampling and analysis for the official control of feed ;

• “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;

• “Regulation 2017/625” (“Rheoliad 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 protection products;

• “Regulation 2019/1793” (“Rheoliad 2019/1793”) means Commission Implementing 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;

• “specified feed law” (“cyfraith bwyd anifeiliaid benodedig”) means the instruments specified in Schedule 1.

• (2) Subject to paragraph (3), any other expression used in these Regulations and in Regulation 183/2005, Regulation 152/2009 and Regulation 2017/625 has the same meaning in these Regulations as it does in that Regulation.

• (3) Where, apart from this paragraph, any period of less than seven 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 under the Banking and Financial Dealings Act 1971,

that day is to be excluded from the period.

• (4) In these Regulations “feed” (“bwyd anifeiliaid”) or “feeding stuff” (“porthiant”) does not include any of the following feed additives or premixtures consisting solely of such additives—

• (a) coccidiostats;

• (b) histomonostats; and

• (c) all other zootechnical additives except—

• (i) digestibility enhancers,

• (ii) gut flora stabilisers, and

• (iii) substances incorporated into feed with the intention of favourably affecting the environment.

• (5) Any reference in these Regulations to a ... Regulation specified in Schedule 1 is a reference to that ... Regulation as it may be amended from time to time.

PART 2 — Requirements for feed hygiene, registration and approval

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 or in Schedule 2 to a numbered Article or Annex is a reference to the Article or Annex so numbered in Regulation 183/2005.

Competent authorities

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• (1) The competent authorities for the purposes of specified Articles are—

• (a) in respect of Articles 9(1) and (3), 18(3), 19(3) and (7) and 21(1), the Agency and the enforcement authority;

• (b) in respect of Articles 7, 9(2), 10, 13, 14, 15, 16, 17, 18(1), (2) and (4) and 19(2), the enforcement authority; and

• (c) in respect of Article 19(1), the Agency.

• (2) The competent authorities for the purposes of the section headed “Dioxin Monitoring for Oils, Fats and Derived Products” in Annex II are—

• (a) in respect of paragraph 2(f), the enforcement authority; and

• (b) in respect of paragraph 7, the enforcement authority and the Agency.

Enforcement of specified provisions of Regulation 183/2005

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A person who contravenes or fails to comply with any of the provisions of Regulation 183/2005 specified in the first column of Table 1 or Table 2 of Schedule 2 commits an offence.

Form of notification with a view to registration

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A person who is required under Article 9 (official controls, notification and registration) to notify the enforcement 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 their behalf;

• (b) contains that person's name and, if different, that person's 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 directed to the enforcement authority for the area in which the establishment to which the notification relates is situated.

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 enforcement authority for the area in which the establishment is located 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 a 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 directed to the enforcement authority for the area in which the establishment to which the declaration relates is situated.

Procedure for suspension of registration or approval

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• (1) Where an enforcement 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) A notice served under paragraph (1) must—

• (a) specify the operative date of the notice (“the operative date”);

• (b) state that on the operative date the enforcement authority intends to suspend the registration or approval of the establishment 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 one year of 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 limit for appealing under regulation 12.

Procedure for lifting of suspension

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Where the enforcement authority that has served notice on a feed business operator under regulation 8 is satisfied that—

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

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

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

Procedure for the revocation of registration or approval

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• (1) Where an enforcement 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) A notice served under paragraph (1) must—

• (a) specify the operative date of the notice;

• (b) state that the 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 12.

• (3) Where an enforcement authority has revoked a registration or approval under this regulation it must—

• (a) make the appropriate amendments to its own register of feed business establishments; and

• (b) promptly transmit to the Agency the necessary information to ensure compliance with Article 19(3) (updating of national lists).

Form of application for amendments to registration or approval

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Where a feed business operator wishes to apply for amendments to registration or approval pursuant to Article 16 (amendments to registration or approval of an establishment), an application to the enforcement authority for the area in which the relevant feed business establishment is located must be made which—

• (a) is 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 the activities to which the application for amendments relates;

• (d) is properly addressed to the enforcement authority for the area in which the establishment to which the application relates is situated.

Rights of appeal in connection with registration or approval

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• (1) Any person who is aggrieved by the decision of an enforcement authority taken in respect of—

• (a) the approval of an establishment under Article 13;

• (b) suspension of the registration or approval of an establishment under Article 14;

• (c) revocation of the registration or approval of an establishment under Article 15; or

• (d) amendment of the approval of an establishment under Article 16,

may appeal to a magistrates' court.

• (2) The procedure on appeal to a magistrates' court under paragraph (1) is by way of complaint for an order, and the Magistrates' Courts Act 1980 applies to the proceedings.

• (3) The period within which an appeal under paragraph (1) may be brought is one month from the date on which notice of the decision was served on the person wishing to appeal and the making of a complaint for an order is deemed for the purposes of this paragraph to be the bringing of the appeal.

• (4) Where on an appeal under paragraph (1) a magistrates' court determines that the decision of the enforcement authority is incorrect, the authority must give effect to the determination of the court.

• (5) Where a registration or an approval is suspended or revoked, the feed business operator who, immediately before such suspension or revocation, had been operating the establishment concerned may continue to operate it, subject to any conditions imposed by the enforcement authority for the protection of public health, unless—

• (a) the time limit for appealing against the decision to suspend or revoke registration or approval has expired without an appeal having been brought; or

• (b) where an appeal against that decision has been brought, the appeal has been finally disposed of or abandoned.

• (6) Nothing in paragraph (5) permits the operation of a feed business establishment if a feed business prohibition order, a feed business emergency prohibition notice or a feed business emergency prohibition order has been imposed in relation to that establishment.

Fees for approvals or amendments to approvals

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• (1) A feed business operator who applies to an enforcement authority for an approval or amendment to an approval must—

• (a) pay the relevant fee when the application is submitted; and

• (b) reimburse the enforcement authority on demand the cost of any laboratory analysis incurred by it in connection with the application.

• (2) In relation to any such application referred to in paragraph (1) submitted to it, the enforcement authority need not—

• (a) take any steps to approve an establishment in respect of one or more of its feed business activities until the relevant fee has been paid to it; nor

• (b) approve an establishment in respect of one or more of its feed business activities until it has been reimbursed in accordance with paragraph (1)(b).

• (3) Where the establishment in relation to which approval or amendment to approval is sought is one at which more than one feed business activity requiring approval may be exercised, the feed business operator is liable to pay a single relevant fee, which fee shall be the highest one otherwise payable.

• (4) In this regulation “relevant fee” (“ffi berthnasol”) means the appropriate fee specified in Schedule 3.

PART 3 — Sampling and analysis

Appointment and qualifications of agricultural analysts

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• (1) Subject to paragraph (2), an enforcement authority must appoint one or more agricultural analysts in connection with its duty under regulation 21 (duty to enforce).

• (2) An agricultural analyst already appointed by an enforcement authority under section 67(3)(b) of the Act is deemed to be appointed for the purposes of paragraph (1).

• (3) An agricultural analyst appointed under paragraph (1) must have the qualifications and attested experience specified in paragraph (4).

• (4) The prescribed qualifications for an analyst for the purposes of section 67(5) of the Act in so far is it relates to feeding stuffs and the required qualifications for a person analysing feed for the purposes of these Regulations are that—

• (a) the analyst must—