The Feeding Stuffs (Amendment) Regulations 2002

• Citation: S.I. 2002/892
• Sections: 15

Section 1 Title, commencement and extent

These Regulations may be cited as the Feeding Stuffs (Amendment) Regulations 2002, shall come into force on 1st July 2002 and shall extend to England only, except that—

(a) regulation 3 shall extend to England, Wales and Northern Ireland in so far as it relates to regulation 11 of the Feeding Stuffs Regulations 2000 as amended by these Regulations or to regulation 12 of those Regulations; and

(b) regulation 5 shall extend to England, Wales and Northern Ireland.

Section 2 Amendment of the Feeding Stuffs Regulations 2000

The Feeding Stuffs Regulations 2000 shall be amended in accordance with regulations 3 to 12 below.

Section 3 Amendment of the Feeding Stuffs Regulations 2000

In regulation 2 (interpretation), for paragraph (8) there shall be substituted the following paragraph—

(8) Any reference in these Regulations to a Community instrument shall be construed as a reference to that instrument as amended on the date the Feeding Stuffs (Amendment) Regulations 2002 are made.

Section 4 Amendment of the Feeding Stuffs Regulations 2000

In each of regulations 7(1) and 25(1), after the expression “the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001” there shall be added the expression “and the Feeding Stuffs (Amendment) Regulations 2002”.

Section 5 Amendment of the Feeding Stuffs Regulations 2000

In regulation 11 (applications for Community authorisation of additives and of new uses for additives)—

(a) for paragraph (2) there shall be substituted the following paragraph—

(2) Where documentation is submitted to the Agency pursuant to paragraph (1) above, it shall—

(a) forward it to the Commission; and

(b) forward a copy of it to each EEA State (other than the United Kingdom),

in accordance with Article 4.3 of the Additives Directive, if it is satisfied as specified in paragraph (3) below.

(c) for paragraph (5) there shall be substituted the following paragraph—

(5) Where the Agency rejects documentation submitted to it pursuant to paragraph (1) above, or postpones taking the action specified in paragraph (2) above in relation to it, it shall inform the Commission, the applicant and each EEA State (other than the United Kingdom) of the rejection or postponement, and shall notify them of the reasons for its rejection or postponement.

Section 6 Amendment of the Feeding Stuffs Regulations 2000

In paragraph (2) of regulation 19, for the expression “Schedule 10” there shall be substituted the expression “Schedule 9”.

Section 7 Amendment of the Feeding Stuffs Regulations 2000

In paragraph (2) of regulation 25, for the word “regulations” to the end there shall be substituted the following provisions—

regulation 4 (except in so far as it relates to Part II of Schedule 5), 9(1) (in so far as it regulates putting into circulation), (2) and (3), 10(1) to (4), (6), (6A) and (7), 13(2) (in so far as it falls to be read with paragraph (3)(a), (c) or (d) of that regulation), (4), (6) and (7), 14(3), (4), (6), (7) and (9), 15(1), 17, 18(1) and 19(1).

Section 8 Amendment of the Feeding Stuffs Regulations 2000

Regulation 27(a) and (b) shall be revoked.

Section 9 Amendment of the Feeding Stuffs Regulations 2000

In Schedule 3 (permitted additives and provisions relating to their use), for the provisions in Part IX of the Table (European Community Regulations by which additives are controlled) there shall be substituted the provisions set out in Schedule 1 to these Regulations.

Section 10 Amendment of the Feeding Stuffs Regulations 2000

In Schedule 7 (prescribed limits for undesirable substances)—

(a) for the entry for Dioxin (sum of PCDD and PCDF ) in column 1 of Chapter A of Part I of the Table and the corresponding entries in columns 2 and 3 respectively of that Chapter; and

(b) for the entry for Dioxin (sum of PCDD and PCDF) in column 1 of Chapter A of Part II of the Table and the corresponding entries in columns 2 and 3 respectively of that Chapter,

there shall be substituted the entries set out in Schedule 2 to these Regulations.

Section 11 Amendment of the Feeding Stuffs Regulations 2000

In Schedule 8 (control of certain protein sources)—

(a) the entry in column 6 (“All animal species”) corresponding with the entry in column 2 relating to “3. Amino acids and their salts” shall be deleted; and

(b) for the entry in that column (“Ruminants from the beginning of rumination”) corresponding with the entry in column 2 relating to “3.1.1.DL-methionine, technically pure” there shall be substituted the entry “All animal species”.

Section 12 Amendment of the Feeding Stuffs Regulations 2000

In Schedule 9 (permitted feeding stuffs intended for particular nutritional purposes and provisions relating to their use) for the entries in columns 2 to 6 of Chapter A relating to the support of liver function in case of chronic liver insufficiency in dogs or cats there shall be substituted the entries set out in Schedule 3 to these Regulations.

Section 13 Amendment of the Feeding Stuffs (Sampling and Analysis) Regulations 1999

The Feeding Stuffs (Sampling and Analysis) Regulations 1999 shall be amended in so far as they extend to England as follows—

(a) in Part II of Schedule 1 (manner of taking, preparing, marking, sealing and fastening of samples), for paragraph 5(1) there shall be substituted the following provision—

(1) An inspector who intends to take a sample in accordance with section 76(7) of the Act as that section is modified by regulation 10 of the Feeding Stuffs (Enforcement) Regulations 1999 shall satisfy himself that the conditions in which the material concerned is stored are not such as might have caused undue deterioration of it, and that it appears not to have been contaminated by any other material.

(b) in Part I of Schedule 2 (methods of analysis), for paragraph 3(e)(ii) there shall be substituted the following provision—

(ii) grinding to pass 1 mm should not be used where it could lead to difficulties in identifying the undesirable substances listed in Schedule 7 to the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001 and the Feeding Stuffs (Amendment) Regulations 2002.

(c) in Part II of Schedule 3 (form of certificate of analysis), for note 11(a) there shall be substituted the following note—

(a) whether or not the material was named in accordance with the requirements of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001 and the Feeding Stuffs (Amendment) Regulations 2002 and, if it was not named in accordance with those requirements, in what respect it was not;

Section 14 Amendment of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999

(1) The Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 shall be amended in so far as they extend to England as specified in paragraph (2).

(2) In the provisions of those Regulations specified in paragraph (3), for the expression “as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999 and as modified by the Feeding Stuffs Regulations 2000 and amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001” there shall be substituted the expression “as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999, the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001 and the Feeding Stuffs (Amendment) Regulations 2002”.

(3) The provisions are regulations 98(8) and (9), 99 and 106(1).

Section 15 Amendment of the Feeding Stuffs (Enforcement) Regulations 1999

The Feeding Stuffs (Enforcement) Regulations 1999 shall be amended in so far as they extend to England as follows—

(a) in paragraph (1) of regulation 2, for the definition of “third country” there shall be substituted the following definition—

“third country” means a country other than a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;

(b) in each of paragraphs (2) and (4) of regulation 7, after the expression “the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001” there shall be inserted the expression “and the Feeding Stuffs (Amendment) Regulations 2002”;

(c) in regulation 8, for the expression “as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999 and as modified by the Feeding Stuffs Regulations 2000 and amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001” there shall be substituted the expression “as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999, the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001 and the Feeding Stuffs (Amendment) Regulations 2002”; and

(d) in regulation 9, in the text of subsection (8) of section 67 of the Agriculture Act 1970 shown as modified by that regulation, after the expression “the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001” there shall be inserted the expression “and the Feeding Stuffs (Amendment) Regulations 2002”; and

(e) in regulation 10, in the text of subsection (17) of section 76 of the Agriculture Act 1970 shown as modified by that regulation, after the expression “the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001” there shall be inserted the expression “and the Feeding Stuffs (Amendment) Regulations 2002”.