PART 5 E+WEnforcement of Regulation 767/2009
Interpretation of this Part and Schedule 1E+W
11. In this Part and in Schedule 1 any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in Regulation 767/2009.
Offence of failing to comply with a specified provision of Regulation 767/2009E+W
12.—(1) [F1A] person who—
(a)contravenes or fails to comply with a provision of Regulation 767/2009 specified in Schedule 1; or
(b)places on the market or uses a feed that fails to comply with Article 6(1) or 8,
commits an offence.
(2) Where, pursuant to Article 17(2)(c), the name of a specific feed material may be replaced by the name of the category to which the feed material belongs, only the categories listed in [F2Schedule 1A] may be indicated.
Textual Amendments
F1Word in reg. 12 substituted (26.7.2018) by The Food and Feed (Miscellaneous Amendments and Revocations) (Wales) Regulations 2018 (S.I. 2018/806), regs. 1(3), 27
F2Words in reg. 12(2) substituted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2022 (S.I. 2022/1362), regs. 1, 4(3)
Competent authorities for the purposes of Regulation 767/2009E+W
13.—(1) Each feed authority in its area is the competent authority for the purposes of—
(a)Article 5(3), 13(1)(a) and 17(3) and Annex VII, Chapter 1, paragraph 8; and
(b)Article 13(1)(b) as the competent authority that may request scientific substantiation of a claim and to whose attention purchasers have the right to bring doubts regarding the truthfulness of a claim.
(2) The Agency is the competent authority for the purposes of—
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)Article 13(1)(b) as the competent authority that may submit to the [F4Welsh Ministers] doubts concerning the scientific substantiation of a claim.
(3) The Agency and each feed authority in its area is a competent authority for the purposes of Article 5(2).
Textual Amendments
F3Reg. 13(2)(a) omitted (31.12.2020) by virtue of The Food (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1046), regs. 1(3), 9(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 13(2)(b) substituted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2022 (S.I. 2022/1362), regs. 1, 4(4)