The Feed (Sampling and Analysis and Specified Undesirable Substances) (England) Regulations 2010

• Citation: S.I. 2010/2280
• Sections: 25

Section 1 Title, application and commencement

These Regulations may be cited as the Feed (Sampling and Analysis and Specified Undesirable Substances) (England) Regulations 2010, apply in relation to England only and come into force on 11th October 2010.

Section 2 Interpretation

(1) In these Regulations —

“ the Act ” means the Agriculture Act 1970;

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

“the Feed Hygiene Regulations ” means the Feed (Hygiene and Enforcement) (England) Regulations 2005 ;

“the GM Feed Regulations ” means the Genetically Modified Animal Feed (England) Regulations 2004 ; and

“analyst” means an agricultural analyst or deputy agricultural analyst.

(2) Any expression used in these Regulations and Regulation 152/2009 has the meaning that it bears in Regulation 152/2009.

(3) Any reference to a numbered section is a reference to the section so numbered in the Act as modified by these Regulations.

Section 3 Prescribed metric substitution

For the purposes of its application to feeding stuffs, the Act shall be read as if —

(a) in section 68(2)(b) the words “to sales in quantities of not more than 25 kilograms” were substituted for the words “to sales of small quantities (that is to say, sales in quantities of not more than fifty six pounds or the prescribed metric substitution)”; and

(b) in section 76(5) the words “six kilograms” were substituted for the words “fourteen pounds or the prescribed metric substitution”.

Section 4 Methods of sending a final sample

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Section 5 Qualifications of analysts

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Section 6 Analysis other than in the course of official controls

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Section 7 Form of certificate of analysis

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Section 8 Amendment or modification of the Act

The Act is amended or as the case may be modified in accordance with regulations 9 to 20.

Section 9 Amendment or modification of the Act

In section 66(1) (interpretation of Part IV), insert at the appropriate place the following definitions —

“final sample” has the meaning that it bears in Annex I to Regulation 152/2009;

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

Section 10 Amendment or modification of the Act

Section 68 (duty of seller to give statutory statement) in so far as it applies in relation to feeding stuffs shall apply as if —

(a) in subsection (4)(b) “final sample” were substituted for “sampled portion”; and

(b) in subsection (5) —

(i) “final sample” were substituted for “sample taken from the portion in question”, and

(ii) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”.

Section 11 Amendment or modification of the Act

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Section 12 Amendment or modification of the Act

Section 70 (use of names or expressions with prescribed meanings) in so far as it applies in relation to feeding stuffs shall apply as if —

(a) in subsection (2) “final sample” were substituted for “sampled portion”; and

(b) in subsection (4) —

(i) “final sample” were substituted for “sampled portion”, and

(ii) “that sample” were substituted for “the sample taken from that portion”.

Section 13 Amendment or modification of the Act

Section 71 (particulars to be given of certain attributes if claimed to be present) in so far as it applies in relation to feeding stuffs shall apply as if —

(a) in subsection (2)(b) “final sample” were substituted for “sampled portion”; and

(b) in subsection (3) —

(i) “final sample” were substituted for “sampled portion”, and

(ii) “that sample” were substituted for “the sample taken from that portion”.

Section 14 Amendment or modification of the Act

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Section 15 Amendment or modification of the Act

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Section 16 Amendment or modification of the Act

Section 75 (purchaser’s right to have sample taken and analysed) in so far as it applies in relation to feeding stuffs shall apply as if in subsection (1) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”.

Section 17 Amendment or modification of the Act

Section 76 (inspector’s power to enter premises and take samples) in so far as it applies in relation to feeding stuffs shall apply as if —

(a) in subsection (1) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”; and

(b) for subsection (4) the following were substituted —

(4) Without prejudice to any other power or duty as to the taking of samples, an inspector may for the purposes of this Part of this Act take a sample of any material which has been sold for use as a feeding stuff or which he has reasonable cause to believe to be intended for sale as such.

Section 18 Amendment or modification of the Act

Section 77 (division of samples and analysis by agricultural analyst) in so far as it applies in relation to feeding stuffs shall apply as if —

(a) for subsection (1) the following were substituted —

(1) Where an inspector has taken a sample and prepared and packaged final samples in accordance with Regulation 152/2009 the inspector, in addition to sending a final sample to the agricultural analyst for the inspector’s area in accordance with the requirements of paragraph 8 of Annex I to that Regulation —

(a) shall send one final sample —

(i) where the sample was taken pursuant to the request of a purchaser under section 75 of this Act, to the seller or his agent;

(ii) in any other case, to the person on whose premises the sample was taken, or, if the person on whose premises the sample was taken purchased the material in question for use and not for resale, to the seller or his agent; and

(b) subject to section 78 of this Act, shall retain at least one final sample for nine months.

(b) for subsection (2) the following were substituted —

(2) If the person who manufactured any material of which an inspector has taken a sample as mentioned in subsection (1) is not a person to whom a final sample is required to be sent under that subsection, the inspector shall send a final sample to the manufacturer unless he does not know and is unable after making reasonable inquiries to ascertain before the expiration of fourteen days from the date when the sample was taken —

(a) the manufacturer’s name; or

(b) any address of the manufacturer in the United Kingdom.

(c) in subsection (3) —

(i) “final sample” were substituted for “part of a sample”, and

(ii) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”; and

(d) in subsection (4) —

(i) “final sample” were substituted in each case for “part of a sample” or “part of the sample” as the case may be,

(ii) “in such manner, if any, as may be prescribed” were omitted,

(iii) “subsection (1)” were substituted for “subsection (1)(a)”, and

(iv) in paragraph (b) “subsection (1)(a)(ii)” were substituted for “subsection (1)(b)(ii)”.

Section 19 Amendment or modification of the Act

Section 78 (further analysis by Government Chemist) in so far as it applies in relation to feeding stuffs shall apply as if —

(a) in subsection (1) —

(i) for paragraph (a) the following were substituted —

(a) to send the final sample retained by the inspector under section 77(1)(b) of this Act (as that section is modified by regulation 18(a) of the Feed (Sampling and Analysis and Specified Undesirable Substances) (England) Regulations 2010) (“the retained sample”) to the Government Chemist for analysis;

(ii) in paragraph (b) “retained sample” were substituted for “remaining part” and “that sample” were substituted for “that part”;

(b) in subsection (2) —

(i) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”,

(ii) in paragraph (a)(i) “retained sample” were substituted for “remaining part of the sample”,

(iii) in paragraph (a)(ii) “retained sample, whether that sample” were substituted for “remaining part, whether that part”, and

(iv) in paragraph (b) “the retained sample” were substituted for “that remaining part”;

(c) in subsection (4) —

(i) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”, and

(ii) “retained sample” were substituted for “remaining part of the sample”;

(d) in subsection (5) —

(i) “part of a” were omitted,

(ii) in paragraph (a) “part of the” were omitted, and

(iii) in paragraph (b) “the retained sample” were substituted for “the part”; and

(e) in subsection (6) —

(i) “in such manner, if any, as may be prescribed any part of” were omitted, and

(ii) “the sample” were substituted for “the part”.

Section 20 Amendment or modification of the Act

Section 79 (supplementary provisions relating to samples and analysis) in so far as it applies in relation to feeding stuffs shall apply as if in subsection (3) —

(a) “is specified by Regulation 152/2009 or” were inserted after “quality of any material”; and

(b) “the method so specified or prescribed” were substituted for “the method prescribed”.

Section 21 Amendment of the Feed Hygiene Regulations

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Section 22 Amendment of the GM Feed Regulations

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Section 23 Amendment of the Official Feed and Food Controls (England) Regulations 2009

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Section 24 Revocation

The Feeding Stuffs (Sampling and Analysis) Regulations 1999 are revoked.

Section 25 Amendment of the Feeding Stuffs (England) Regulations 2005

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