The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022

Amendment of the Animal Feed (Scotland) Regulations 2010

6.—(1) The Animal Feed (Scotland) Regulations 2010(1) are amended in accordance with this regulation.

(2) In regulation 2 (interpretation and scope)—

(a) in paragraph (1)—

(i) omit the definition of “Directive 82/475”,

(ii) omit the definition of “Directive 2002/32”,

(b) in paragraph (3) omit “Directive 82/475, Directive 2002/32,”.

(3) In regulation 4(2) (enforcement of requirements of Regulation 767/2009) for “the Annex to Directive 82/475” substitute “schedule 3”.

(4) In regulation 8 (interpretation of Part 4 of the Regulations) omit paragraph (a).

(5) In regulation 9 (control of animal feeds containing undesirable substances)—

(a) in paragraph (1)—

(i) in sub-paragraph (a) for “feed that is specified in column 2 of Annex I” substitute “products intended for animal feed that are specified in column 2 of a table in schedule 4”,

(ii) in the words after sub-paragraph (b), for “Annex” substitute “table”,

(b) in paragraph (2)—

(i) in sub-paragraph (a) for “Annex I” substitute “a table in schedule 4”,

(ii) in sub-paragraph (b) for “Annex” substitute “table”,

(c) in paragraph (3)—

(i) for “Annex I” substitute “a table in schedule 4”,

(ii) for “Annex”, in the second place it occurs, substitute “table”,

(d) in paragraph (5)—

(i) for “Annex I” substitute “a table in schedule 4”,

(ii) for “Annex”, in the second place it occurs, substitute “table”,

(e) in paragraph (7)—

(i) omit the “and” at the end of sub-paragraph (c),

(ii) after sub-paragraph (d) insert—

“; and

(e) peat; leonardite”,

(f) after paragraph (8) insert—

“(9) In order to reduce or eliminate sources of undesirable substances in products intended for animal feed, the feed authority must, in cooperation with feed business operators(2), carry out investigations to identify the sources of undesirable substances, in cases where the maximum levels are exceeded and in cases where increased levels of such substances are detected, taking into account background levels; for the purpose of ensuring a uniform approach in cases of increased levels, action thresholds to trigger investigations are set out in table in schedule 5.”.

(6) Schedule 1 has effect.

(1)

S.S.I. 2010/373, last amended by S.S.I. 2020/467.

(2)

See article 3(2)(a) of EUR 2009/767 for the meaning of “feed business operator”.