The Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) Regulations 2003

Amendment of the Feeding Stuffs (Enforcement) Regulations 1999

11.  In regulation 10 (modification of section 76 of the Agriculture Act 1970) —

(a) the words “(as specified in regulation 7)” shall be omitted;

(b) for the modified version of subsection (8) of section 76 of the Agriculture Act 1970 which is set out in that regulation there shall be substituted the following subsection —

“(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) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002 and the Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) 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) (England) Regulations 2001” there shall be inserted the words “, the Feeding Stuffs (Amendment) Regulations 2002 and the Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) Regulations 2003 and as modified by the Feeding Stuffs Regulations 2000”;

(d) immediately after the modified version of section (8) of section 76 of that Act as so set out there shall be inserted the following subsection —

“(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)”.