The Feeding Stuffs (Scotland) Amendment (No. 2) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Scotland only, further amend the Feeding Stuffs (Scotland) Regulations 2000 (S.S.I. 2000/453, as already amended) (“the 2000 Regulations”).

These Regulations implement Commission Directive 2003/100/EC (O.J. No. L 285, 1.11.03, p.33) amending Annex 1 to Directive 2002/32/EC of the European Parliament and of the Council (O.J. No. L 140, 30.5.02, p.10) on undesirable substances in animal feed. They also implement Commission Decision 2004/217/EC, adopting a list of materials whose circulation or use for animal nutrition purposes is prohibited (O.J. No. L 67, 5.3.04, p.31).

Regulation 2 of these Regulations amends the 2000 Regulations by–

(a) requiring that analysis indicating the level of inorganic arsenic in certain feeding stuffs or feed materials must be provided on request to the competent authority (paragraph (2));

(b) making detailed amendments to the list of prohibited materials set out in regulation 15 of the 2000 Regulations, and extending to the circulation or use as materials the existing prohibition on the circulation or use in connection with compound feeding stuffs (paragraph (3));

(c) providing for the enforcement of eight new Commission Regulations authorising new additives or new uses of certain additives in feeding stuffs, or as the case may be making permanent the existing provisional authorisation of an additive (paragraph (4)); and

(d) amending the prescribed limits for undesirable substances set out in Schedule 7 of the 2000 Regulations in respect of arsenic, fluorine, lead, aflatoxin B1, free gossypol and endosulphan (paragraph (5) and Schedule).

A Regulatory Impact Assessment, which includes a compliance cost assessment of the effect which these Regulations will have on business costs has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ.