The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005

Interpretation

2.—(1) In these Regulations–

“the Act” means the Agriculture Act 1970(1);

“the Agency” means the Food Standards Agency;

“agricultural analyst” means an agricultural analyst appointed under section 67 of the Act, and includes a deputy analyst appointed for the same area;

“authorised officer”, in relation to an enforcement authority, means any person appointed by that authority under regulation 16(2);

“enforcement authority” means the body identified as having the duty to enforce under regulation 16(1);

“excluded additive” means any of the following feed additives–

(a)

coccidiostats;

(b)

histomonostats; or

(c)

a zootechnical additive falling within category (d) of Article 6(1) of Regulation 1831/2003;

“feed authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(2);

“point 4 compliant laboratory” means a laboratory which complies with the fourth and fifth indents of Annex II to Commission Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feedingstuffs(3);

“premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft;

“premixture” has the meaning given by Article 2(2)(e) of Regulation 1831/2003 excluding any mixture consisting solely of a combination of more than one excluded additive;

“prescribed manner” means the manner prescribed by the Feeding Stuffs (Sampling and Analysis) Regulations 1999(4) or otherwise in accordance with Article 11(1) of Regulation 882/2004;

“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 as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 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(5);

“Regulation 1831/2003” means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition(6);

“Regulation 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(7);

“Regulation 183/2005” means Regulation (EC) No. 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene(8);

“sampled portion” has the meaning given in Part I of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999; and

“specified feed law” means the provisions listed in Schedule 1 but does not include those provisions in so far as they may apply to excluded additives or to premixtures consisting solely of a combination of excluded additives.

(2) Subject to paragraph (3), any other expression used both in these Regulations and in Regulation 178/2002, Regulation 882/2004 or Regulation 183/2005 has the same meaning as it bears in Regulation 178/2002, Regulation 882/2004 or Regulation 183/2005 as the case may be.

(3) In these Regulations “feed” or “feeding stuff” does not include any excluded additive or any premixtures consisting solely of a combination of more than one excluded additive.

(4) Where, apart from this paragraph, any period of less than 7 days which is specified in these Regulations would include any day which is–

(a) a Saturday, a Sunday, Christmas Day or Good Friday; or

(b) a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971(9),

that day shall be excluded from the period.

(1)

1970 c. 40.

(2)

1994 c. 39; section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232.

(3)

O.J. No. L 209, 6.8.02, p.15.

(4)

S.I. 1999/1663 as amended by S.S.I. 2000/453, 2001/104, 2002/285, 2003/277, 2004/414.

(5)

O.J. No. L 245, 29.9.03, p.4.

(6)

O.J. No. L 268, 18.10.03, p.29. That Regulation was last amended by Commission Regulation (EC) No. 378/2005 on detailed rules for the implementation of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council as regards the duties and tasks of the Community Reference Laboratory concerning applications for authorisations of feed additives.

(7)

O.J. No. L 165, 30.4.04, p.1. The revised text of Regulation 882/2004 is now set out in a Corrigendum (O.J. No. L 191, 28.5.04, p.1).

(8)

O.J. No. L 35, 8.2.05, p.1.

(9)

1971 c. 80.