The Animal Feed (Basic Safety Standards) (England) Regulations 2019

• Citation: S.I. 2019/683
• Sections: 9

Section 1 Title, application and commencement

These Regulations may be cited as the Animal Feed (Basic Safety Standards) (England) Regulations 2019, apply in relation to England only, and come into force on 17th April 2019.

Section 2 Interpretation

(1) In these Regulations—

...

“feed authority” means an authority identified in section 67(1) of the Agriculture Act 1970 as having the duty to enforce Part IV of that Act within its area or district as the case may be;

“radioactive substance” means any substance that contains one or more radionuclides the activity or activity concentration of which cannot be disregarded from a radiation protection point of view;

“Regulation 178/ 2002” means 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; and

“ Regulation 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 .

(2) For the purpose of these Regulations, “importation” and “exportation” have the same meanings as they have for the purposes of the Customs and Excise Management Act 1979 , and “import” and “export” shall be construed accordingly.

(3) Except to the extent that paragraph (1) and (2) provide otherwise, any expression used in these Regulations and Regulation 767/2009 has the meaning in these Regulations that it bears in Regulation 178/2002 and Regulation 767/2009 , as the case may be.

Section 3 Prohibition of practices

No person shall intentionally add a radioactive substance in the production of animal feed.

Section 4 Prohibition of practices

No person shall import or export any animal feed in respect of which a radioactive substance has been intentionally added in the production of that feed.

Section 5 Offences and penalties

Any person who contravenes regulation 3 or regulation 4 is guilty of an offence and liable to the penalties referred to in section 74A(3) of the Agriculture Act 1970 .

Section 6 Enforcement

It is the duty of a feed authority within its area to enforce these Regulations.

Section 7 Amendment of the Animal Feed (Hygiene, Sampling etc. and Enforcement) (England) Regulations 2015

(1) The Animal Feed (Hygiene, Sampling etc. and Enforcement) (England) Regulations 2015 are amended in accordance with paragraph (2).

(2) In Schedule 1, in the table, after the entry for “The Animal Feed (Hygiene, Sampling etc. and Enforcement) (England) Regulations 2015”, insert—

The Animal Feed (Basic Safety Standards) (England) Regulations 2019

Section 8 Amendment of the Official Feed and Food Controls (England) Regulations 2009

(1) The Official Feed and Food Controls (England) Regulations 2009 are amended in accordance with paragraph (2).

(2) In Schedule 2, after paragraph (f), insert the following paragraph—

(g) the Animal Feed (Basic Safety Standards) (England) Regulations 2019.

Section 9 Review

(1) The Food Standards Agency must from time to time —

(a) carry out a review of the operation and effect of regulations 3 to 6 inclusive;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if they do, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.