EXPLANATORY NOTE
1. These regulations form part of a series of regulations intended to replace completely the Fertilisers and Feeding Stuffs Regulations 1973 (S.I. 1973/1521), as amended.
2. These regulations amend Part IV of the Agriculture Act 1970 (the legislation under which fertilisers and feeding stuffs regulations are made) to implement, or enable the implementation of, certain provisions in Directive 77/101/EEC on the marketing of straight feeding stuffs as amended Directive 79/373/EEC on the marketing of compound feeding stuffs as amended, Directive 74/63/EEC on the fixing of maximum permitted levels for undesirable substances and products in feeding stuffs as amended, and Directive 70/524/EEC concerning additives in feeding stuffs as amended.
3. Regulation 4 amends section 66(1) of the 1970 Act to introduce a definition of “pet animal”, and to extend the meaning of “feeding stuff” so that it includes pet food.
4. Regulation 5 inserts a new subsection (1A) in section 68 enabling regulations to provide for the inclusion of permitted particulars in a statutory statement given by a seller of feeding stuffs, as well as the particulars required under subsection (1).
5. Regulation 6 extends section 73(1) (which prohibits the sale, or possession for sale, of feeding stuffs deleterious to prescribed animals) so as to apply to ingredients deleterious to pet animals or human beings. A consequential amendment has been made to section 73(2), which provides for defences to charges under section 73(1).
6. Regulation 7 adds a new section 73A. This makes it an offence to sell or possess for sale a feeding stuff which is unwholesome for, or a danger to, prescribed animals or pet animals or a danger to human beings. It also provides for defences in certain circumstances to persons charged with such offences.