1. These Regulations may be cited as the Feed (Hygiene and Enforcement) and the Animal Feed (England) (Amendment) Regulations 2013 and come into force on 17th January 2014.
2.—(1) The Feed (Hygiene and Enforcement) (England) Regulations 2005 M1 are amended in accordance with paragraphs (2) to (5).
(2) In paragraph (1) of regulation 2 (interpretation), for the definition of “Regulation 183/2005” substitute the following definition —
““Regulation 183/2005” means Regulation (EC) No. 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene M2;”.
(3) After paragraph (4) of regulation 2, add the following paragraph —
“(5) Any reference in these Regulations to an Annex to Regulation 183/2005 is a reference to that Annex as it may be amended from time to time.”.
(4) For regulation 4 (competent authorities) substitute the following regulation —
“4.—(1) The competent authorities for the purposes of specified Articles of Regulation 183/2005 are —
(a)in respect of Articles 9(1) and (3), 18(3), 20(2), 21(1) and 22(2)(b), the Agency and the enforcement authority;
(b)in respect of Articles 7, 9(2), 10, 13, 14, 15, 16, 17, 18(1),(2) and (4) and 19(2), the enforcement authority; and
(c)in respect of Article 19(1), the Agency.
(2) The competent authorities for the purposes of the section headed “Dioxin Monitoring” in Annex II to Regulation 183/2005 are —
(a)in respect of paragraph 2(e), the enforcement authority; and
(b)in respect of paragraph 7, the enforcement authority and the Agency.”.
(5) For the content of Schedule 2 (fees payable for approvals) substitute the content of Schedule 1 to these Regulations.
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M1S.I. 2005/3280. This instrument has been amended by S.I. 2006/15, S.I. 2006/3120, S.I. 2009/3255, S.I. 2010/2280 and S.I. 2010/2503.
M2This Regulation was last amended by Commission Regulation (EU) No. 225/2012 amending Annex II to Regulation (EC) No. 183/2005 of the European Parliament and of the Council as regards the approval of establishments placing on the market, for feed use, products derived from vegetable oils and blended fats and as regards the specific requirements for production, storage, transport and dioxin testing of oils, fats and products derived thereof (OJ No. L L77, 16.3.2012, p.1).
3.—(1) The Animal Feed (England) Regulations 2010 M3 are amended in accordance with paragraphs (2) to (4).
(2) In regulation 2 (interpretation and scope) —
(a)in paragraph (1), omit the definition of Regulation 242/2010; and
(b)for paragraph (3) substitute the following paragraph —
“(3) Any reference to an Annex to Directive 82/475, Directive 2002/32, Directive 2008/38 or Regulation 767/2009 is a reference to that Annex as it may be amended from time to time.”.
(3) For paragraph (1) of regulation 4 (enforcement of requirements of Regulation 767/2009), substitute the following paragraph —
“4.—(1) Subject to the transitional provisions contained in Article 32, any person who —
(a)contravenes or fails to comply with the provisions of Regulation 767/2009 specified in Schedule 1; or
(b)places on the market or uses any feed that fails to comply with Article 6(1) or 8,
is guilty of an offence.”.
(4) For the content of Schedule 1 (specified provisions of Regulation 767/2009) substitute the content of Schedule 2 to these Regulations.
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Signed by authority of the Secretary of State for Health.
Jane Ellison
Parliamentary Under-Secretary of State
Department of Health
9th December 2013