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Welsh Statutory Instrument 2003 No. 1677
(W.180) The Feeding Stuffs (Sampling and
Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs
(Establishments and Intermediaries) (Amendment) ( © Crown Copyright 2003 Statutory Instruments printed from this website are
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that there is another chunk of text available. STATUTORY INSTRUMENTS 2003 No.
1677 (W.180) AGRICULTURE,
The Feeding
Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the
Feeding Stuffs (Establishments and Intermediaries) (Amendment) (
"
(2) In these Regulations - "the Act" means the Agriculture Act
1970; "the sampling Directive" means First
Commission Directive 76/371/EEC establishing the methods of sampling for the
official control of feeding stuffs[5]; and "Directive 2002/70/EC" means
Commission Directive 2002/70/EC establishing requirements for the
determination of levels of dioxins and dioxin-like PCBs in feeding stuffs[6].".
4. For regulation 3 (manner of taking, preparing, marking, sealing and
fastening of samples) there shall be substituted the following regulation
- " Manner of taking, preparing, marking, sealing and fastening
samples (a)
feeding stuffs; and are to be taken,
prepared, marked, sealed and fastened shall be as prescribed in Schedule
1.".
5. In regulation 6 (application of methods of analysis)
- (a) for paragraph (1) there shall be substituted
the following paragraph - " (1) Subject to
paragraphs (1A) and (2) below, to determine whether a substance of a kind
listed in column 1 of Annex I to Part II of Schedule 2, or to which the
method of analysis specified in Annex II or as the case may be Annex III to
that Part relates, is present or active in a sample of - (a) a feeding stuff to be analysed
pursuant to the Act; and if it is
what quantity or proportion of such substance is present or active in such a
sample - (d)
the provisions specified in Part I of Schedule 2 under the heading
"GENERAL PROVISIONS" shall apply; and (b)
immediately after paragraph (1) there shall be inserted the following
paragraph - " (1A) Where more than one method of analysis is
provided for in any of the Community provisions listed in column 2 of Annex I
to Part II of Schedule 2 in relation to the same substance, the notes to that
Annex shall have effect to specify which is the relevant method.".
6. Immediately after regulation 6 there shall be inserted
the following regulation - " Modification of the Agriculture Act
1970 and of these Regulations as regards analysis of samples of feeding
stuffs and feed materials to determine levels of dioxins and dioxin-like PCBs (a) Part IV of the Act shall have effect as if
- (i) in section 66(1),
immediately after the definition of "pet animal" there were
inserted the following definition - " (4) Any analysis
required to be made by a point 4 compliant laboratory or the Government
Chemist may be made by any person acting under the directions of an analyst
at that laboratory or, as the case may be, of the Government Chemist. (viii) in section 79(6), for the words "an
agricultural analyst" there were substituted the words "an analyst
at a point 4 compliant laboratory"; (b) Part I of Schedule 3 shall have effect as if in the
certificate set out there for the words "agricultural analyst for"
there were substituted the words "analyst at the"; and 7. In Schedule 2
(methods of analysis), in Annex I to Part II, immediately after the entries
for "Carbonates" there shall be inserted in columns 1 to 3
respectively the following entries -
" (1) For the purpose specified in paragraph (2), the
Act shall have effect subject to the modifications set out in regulations 8,
10, and 12.". "
Modification of references
in Part IV of the Agriculture Act 1970 to samples taken in the prescribed
manner (a) in the case of feeding stuffs, to samples
taken in the manner prescribed in Part II of Schedule 1 to the Feeding Stuffs
(Sampling and Analysis) Regulations 1999 as amended by the Feedingstuffs (Zootechnical
Products) Regulations 1999[9], the Feeding Stuffs
(Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding
Stuffs (Amendment) (Wales) Regulations 2002 and the Feeding Stuffs (Sampling
and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs
(Establishments and Intermediaries) (Amendment) (Wales) Regulations 2003 and
as modified by the Feeding Stuffs (Wales) Regulations 2001; and
11. In regulation 10 (modification of section 76 of the
Agriculture Act 1970) - (a) the words "(as specified in regulation
7)" shall be omitted; " (8) Subject to
subsections (9), (10) and (12) of this section, an inspector entering
premises by virtue of this section, or of a warrant issued under it, shall
have the right to take on those premises a sample of any material appearing
to him to be a controlled product other than relevant material as described
in subsection (7) of this section, in the like manner as that prescribed in
Part II of Schedule 1 to the Feeding Stuffs (Sampling and Analysis)
Regulations 1999 as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999, the Feeding
Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding
Stuffs (Amendment) (Wales) Regulations 2002 and the Feeding Stuffs (Sampling
and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs
(Establishments and Intermediaries) (Amendment) (Wales) Regulations
2003."; (c) in each of the modified versions of
subsections (9) and (10) of section 76 of that Act as so set out after the
words "the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales)
Regulations 2001" there shall be inserted the words ", the Feeding
Stuffs (Amendment) (Wales) Regulations 2002 and the Feeding Stuffs (Sampling
and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs
(Establishments and Intermediaries) (Amendment) (Wales) Regulations 2003 and
as modified by the Feeding Stuffs (Wales) Regulations 2001"; " (8A) For the
purposes of this Part of this Act a sample taken in accordance with
subsection (8) of this section shall be deemed to be taken in the prescribed
manner."; and (e) in the modified
version of subsection (9) of section 76 of that Act as so set out for the
expression "subsection (8)" there shall be inserted the expression
"subsections (8) and (10)". "
Analysis for the purposes
of sections 77(4) and 78(6) of the Agriculture Act 1970 (a) a feeding stuff; shall be treated as carried out in the prescribed manner
for the purposes of sections 77(4) and 78(6) of the Act if - (d) where there is an applicable standard of
the kind referred to in the first indent of Article 18.3 of Directive 95/53,
analysis is carried out in accordance with that standard; and 11A. For the purpose of
the enforcement and administration of the Feeding Stuffs (Wales) Regulations
2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment)
(Wales) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs
(Enforcement) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs
(Amendment) (Wales) Regulations 2002 and the Feeding Stuffs (Amendment)
(Wales) Regulations 2003 analysis in relation to a sample of a premixture to which Part A or Part B of Commission
Directive 2000/45/EC establishing Community methods of analysis for the
determination of vitamin A, vitamin E and tryptophan
in feeding stuffs applies shall be treated as carried out in the prescribed
manner for the purposes of sections 77(4) and 78(6) of the Act if it is
carried out in accordance with whichever of those Parts is applicable in the
case concerned. 13. In regulation 12
(modification of section 83 of the Agriculture Act 1970) the words "(as
specified in regulation 7)" shall be omitted. " (8) Subject to
paragraph (9), an authorised person entering
premises by virtue of this regulation, or of a warrant issued under it, shall
have the right to take on those premises, and prepare, a sample of
- (a) any material appearing to him to be a
controlled product manufactured, produced, wrapped, packaged, stored or put
into circulation, or intended to be put into circulation; or in the like manner as that prescribed in Part II of
Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 as
amended by the Feedingstuffs (Zootechnical
Products) Regulations 1999, the Feeding Stuffs (Sampling and Analysis)
(Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales)
Regulations 2002 and the Feeding Stuffs (Sampling and Analysis), the Feeding
Stuffs (Enforcement) and the Feeding Stuffs (Establishments and
Intermediaries) (Amendment) (Wales) Regulations 2003 and as modified by the
Feeding Stuffs (Wales) Regulations 2001; and paragraph 10 of Part II of
Schedule 1 to those Regulations as so amended and modified shall have effect
for the purposes of the certificate referred to in regulations 102 and
104(2). (a) for all references to "feeding
stuff" and to "feeding stuffs" there were substituted
references to "controlled product" and " controlled
products" respectively; and " (a) cause each part to be marked, sealed
and fastened in the like manner as that prescribed in Part III of Schedule 1
to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 as amended by
the Feedingstuffs (Zootechnical
Products) Regulations 1999, the Feeding Stuffs (Sampling and Analysis)
(Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales)
Regulations 2002 and the Feeding Stuffs (Sampling and Analysis), the Feeding
Stuffs (Enforcement) and the Feeding Stuffs (Establishments and
Intermediaries) (Amendment) (Wales) Regulations 2003 and as modified by the
Feeding Stuffs (Wales) Regulations 2001; and " (1) Subject to
paragraph (2) below, for the purpose of determining, by means of analysis of
a part of a sample taken in the course of the carrying out of official
checks, whether a substance - (a) of a class or description listed in column
1 of Annex I to Part II of Schedule 2 to the Feeding Stuffs (Sampling and
Analysis) Regulations 1999 as amended by the Feedingstuffs
(Zootechnical Products) Regulations 1999, the
Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001,
the Feeding Stuffs (Amendment) (Wales) Regulations 2002 and the Feeding
Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the
Feeding Stuffs (Establishments and Intermediaries) (Amendment) (Wales)
Regulations 2003 and as modified by the Feeding Stuffs (Wales) Regulations
2001; or is present or active in it, or what quantity or
proportion of such a substance is present or active in it, the provisions
specified in Part I of Schedule 2 to those Regulations as so amended and modified,
under the heading "GENERAL PROVISIONS" shall have effect, in the
like manner as they have effect under those Regulations as so amended and
modified in relation to feeding stuffs, and - (c) in relation to a substance of a class or
description listed (whether by itself or by reference to its activity) in
column 1 of Annex I to Part II of Schedule 2 to those Regulations as so
amended and modified, the relevant method of analysis set out in the
Community provision specified in the corresponding entry in column 2 of that
Annex shall be used; and and where more than one Community provision is specified in
column 2 of Annex I to Part II of Schedule 2 to those Regulations as so
amended and modified in relation to the same substance, the notes to that
Annex shall have effect to specify which is the relevant method.".
EXPLANATORY
NOTE
(a)
amend the Feeding Stuffs (Sampling and Analysis) Regulations 1999 ("the
1999 Regulations") by - (i) inserting into regulation 1(2) a definition of the
term "Directive 2002/70/EC" (regulation 3), (b) amend the
Feeding Stuffs (Enforcement) Regulations 1999 by - (i) modifying regulation 7 so as to disapply
it in relation to regulations 11 and 11A and ensure that it does not become
applicable in relation to the new regulation 11B (regulation 9); (c) make consequential amendments to the Feeding Stuffs
(Establishments and Intermediaries) Regulations 1999 (regulations 14 to 17).
4. A regulatory appraisal has been prepared for these Regulations and
has been placed in the library of the National Assembly for Notes: [2] OJ No. L31, 1.2.2002, p.1. Under Article 3 of
Regulation (EC) 178/2002 "food law" extends to feed produced for,
or fed to, food producing animals.back [4] S.I. 1999/1663, amended by S.I. 1999/1871, S.I.
2001/343 (W 15), S.I. 2001/2253 (W 163) and S.I. 2002/1797 (W 172).back [5] OJ No. L162, 15.4.76, p.1.back [6] OJ No. L209, 6.8.2002, p.15.back [7] OJ No. L174, 13.7.2000, p.32.back [8] S.I. 1999/2325. Modified by S.I. 2000/656 and amended
by S.I. 2001/2253 (W 163), S.I. 2001/3461 (W 280), S.I. 2002/1797 (W 172) and
2003/ .back [9] S.I. 1999/1871 (to which there are amendments not
relevant to these Regulations).back [10] S.I. 1999/1872, amended by S.I. 2000/656, S.I.
2001/2253 (W 163), S.I. 2002/1797 (W 172) and S.I. 2003/989 (W 138).back
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