The Charges for Residues Surveillance (Amendment) Regulations 2007

Statutory Instruments

2007 No. 2439

FOOD

The Charges for Residues Surveillance (Amendment) Regulations 2007

Made

14th August 2007

Laid before Parliament

17th August 2007

Coming into force

1st October 2007

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 6(4), 45 and 48(1)(b) of the Food Safety Act 1990(1) and now vested in him(2).

In accordance with section 48(4A) of that Act he has had regard to advice given by the Food Standards Agency on the proposal to make the Regulations.

In accordance with Article 9 of 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(3), he has consulted those whom he considers likely to be affected by the Regulations.

Title, extent and commencement

1.  These Regulations may be cited as the Charges for Residues Surveillance (Amendment) Regulations 2007, extend to Great Britain and come into force on 1st October 2007.

Amendment of the Charges for Residues Surveillance Regulations 2006

2.—(1) The Charges for Residues Surveillance Regulations 2006(4) shall be amended in accordance with this regulation.

(2) In Schedule 1, for the table, substitute the table in the Schedule to these Regulations.

Jonathan Shaw

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

14th August 2007

regulation 2(2)

SCHEDULE Substitution of the table in Schedule 1 to the Charges for Residues Surveillance Regulations 2006

Type of creature or animal product	Charge (£)
Bovine	0.4744}	per carcase
Goat	0.0603}
Sheep	0.0603}
Soliped	0.3333}
Swine	0.0636}
Game and wild game	1.0461}	per tonne
Poultry	0.6379}
Eggs	0.0168	per 360
Milk	0.0266	per 1000 litres
Salmon	2.0449	per tonne of marketed product
Trout: brown and rainbow	1.7303	per tonne of fish food

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Charges for Residues Surveillance Regulations 2006.

The Charges for Residues Surveillance Regulations 2006 give effect (except for honey) to Article 27, as read with Annex IV section A, of 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 (OJ No. L165, 30.4.2004, p.1, as corrected by the corrigendum in OJ No. L191, 28.5.2004, p. 1).

The effect of the amendments made by these Regulations (regulation 2(2) and the Schedule) is to vary the level of fees charged under the Charges for Residues Surveillance Regulations 2006 for the Secretary of State’s surveillance of animals and animal products for residues of veterinary medicinal products and other substances.

Changes to fees (by comparison with the Charges for Residues Surveillance Regulations 2006), ranging from a decrease of 10% to an increase of 30%, are itemised in the table below.

Type of creature or animal product and basis of charge		Current charge (£)	Replacement charge (£)	Change (%)
Bovine}	per carcase	0.4352	0.4744	9
Goat}		0.0561	0.0603	7.5
Sheep}		0.0561	0.0603	7.5
Soliped}		0.3058	0.3333	9
Swine}		0.0707	0.0636	-10
Game and wild game}	per tonne	1.0461	1.0461	0
Poultry}		0.6223	0.6379	2.5
Eggs	per 360	0.0129	0.0168	30
Milk	per 1000 litres	0.0244	0.0266	9
Salmon	per tonne of marketed product	2.0449	2.0449	0
Trout: brown and rainbow	per tonne of fish food	1.7303	1.7303	0

A Regulatory Impact Assessment of the effect of this instrument on the costs of business has been placed in the Library of each House of Parliament. Copies are available from the Veterinary Medicines Directorate, Woodham Lane, New Haw, Addlestone, Surrey KT15 3LS.

(1)

1990 c.16. Sections 45 and 48 were amended by Schedule 5 to the Food Standards Act 1999 (c. 28): paragraphs 7, 8 and 20 of that Schedule amended section 45 and paragraphs 7, 8 and 21 amended section 48. Regulation 5 of S.I. 2004/2990 disapplies section 48(4) where consultation is required by Article 9 of Regulation (EC) No. 178/2002.

(2)

The powers, so far as they are exercisable in relation to England, were transferred by article 2(6) of the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) to the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, and by article 2(3) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794) to the Secretary of State. In so far as they are exercisable in relation to Scotland, they were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46) but the Secretary of State retains a concurrent power to exercise them under section 57(1) of that Act. In so far as they are exercisable in relation to Wales, they were transferred to the National Assembly for Wales by article 2(a) of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and are now exercisable by the Welsh Ministers having been transferred by section 162 of and paragraph 30(2)(a) of Schedule 11 to, the Government of Wales Act 2006 (c.32). However, the Ministers of the Crown responsible retained a concurrent power to exercise them under paragraph 5 of Schedule 3 to the Government of Wales Act 1998 (c.38), re-enacted by paragraph 5 of Schedule 3 to the 2006 Act (as read in conjunction with paragraph 26(1) of Schedule 11 to that Act): that concurrent power became vested in the Secretary of State in consequence of section 40(1) of and Schedule 5 to the Food Standards Act 1999 (c.28), but subject to any power of the Minister of Agriculture, Fisheries and Food, saved by regulation 13 of S.I. 2000/656, to join in making regulations concerning charges for inspection in relation to residues of veterinary products; that joint power was transferred to the Secretary of State by article 2(3) of S.I. 2002/794.

(3)

OJ No. L31, 1.2.2002, p. 1.

(4)

S.I. 2006/2285.