The Feed (Sampling and Analysis and Specified Undesirable Substances) Regulations (Northern Ireland) 2010

PART 1 N.I. General and introductory

Citation and commencement N.I.

1.  These Regulations may be cited as the Feed (Sampling and Analysis and Specified Undesirable Substances) Regulations (Northern Ireland) 2010 and come into operation on 11th October 2010.

Commencement Information

I1 Reg. 1 in operation at 11.10.2010, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations —

“the Act” means the Agriculture Act 1970;

“Regulation 152/2009” means Commission Regulation (EC) No.152/2009 laying down the methods of sampling and analysis for the official control of feed(1);

“the Feed Hygiene Regulations” means the Feed (Hygiene and Enforcement) Regulations (Northern Ireland) 2005(2);

“the GM Feed Regulations” means the Genetically Modified Animal Feed Regulations (Northern Ireland) 2004(3);

“analyst” means an agricultural analyst or deputy agricultural analyst.

(2) Any expression used in these Regulations and Regulation 152/2009 has the meaning in these Regulations that it bears in Regulation 152/2009.

(3) Any reference to a numbered section is a reference to the section so numbered in the Act as modified by these Regulations.

(4) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Commencement Information

I2 Reg. 2 in operation at 11.10.2010, see reg. 1

Prescribed metric substitution N.I.

3.  For the purposes of its application to feeding stuffs, the Act shall be read as if —

(a) in section 68(2)(b) the words “to sales in quantities of not more than 25 kilograms” were substituted for the words “to sales of small quantities (that is to say, sales in quantities of not more than fifty six pounds or the prescribed metric substitution)”; and

(b) in section 76(5) the words “six kilograms” were substituted for the words “fourteen pounds or the prescribed metric substitution”.

Commencement Information

I3 Reg. 3 in operation at 11.10.2010, see reg. 1

PART 2 N.I. Miscellaneous requirements relating to sampling and analysis

Methods of sending a final sample N.I.

4.  F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may be sent by any appropriate method or delivered by hand.

Textual Amendments

F1 Reg. 4 revoked (14.2.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) Regulations (Northern Ireland) 2016 (S.R. 2016/5), reg. 1, Sch. 5

Analysis other than in the course of official controls N.I.

F2 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 5 revoked (14.2.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) Regulations (Northern Ireland) 2016 (S.R. 2016/5), reg. 1, Sch. 5

Form of certificate of analysis N.I.

F3 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 6 revoked (14.2.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) Regulations (Northern Ireland) 2016 (S.R. 2016/5), reg. 1, Sch. 5

PART 3 N.I. Amendment and modification of other legislation with regard to sampling and analysis

Amendment or modification of the Act N.I.

7.  The Act is amended or as the case may be modified in accordance with regulations 8 to 19.

Commencement Information

I4 Reg. 7 in operation at 11.10.2010, see reg. 1

8.  In section 66(1) (interpretation of Part IV), insert at the appropriate place the following definitions —

““final sample” has the meaning that it bears in Annex I to Regulation 152/2009;”;

““Regulation 152/2009” means Commission Regulation (EC) No. 152/2009 laying down the methods of sampling and analysis for the official control of feed;”.

Commencement Information

I5 Reg. 8 in operation at 11.10.2010, see reg. 1

9.  Section 68 (duty of seller to give statutory statement) in so far as it applies in relation to feeding stuffs shall apply as if —

(a) in subsection (4)(b) “final sample” were substituted for “sampled portion”; and

(b) in subsection (5) —

(i) “final sample” were substituted for “sample taken from the portion in question”, and

(ii) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”.

Commencement Information

I6 Reg. 9 in operation at 11.10.2010, see reg. 1

F4 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 10 revoked (23.11.2010) by The Animal Feed Regulations (Northern Ireland) 2010 (S.R. 2010/355), reg. 1, Sch. 2

11.  Section 70 (use of names or expressions with prescribed meanings) in so far as it applies in relation to feeding stuffs shall apply as if —

(a) in subsection (2) “final sample” were substituted for “sampled portion”; and

(b) in subsection (4) —

(i) “final sample” were substituted for “sampled portion”, and

(ii) “that sample” were substituted for “the sample taken from that portion”.

Commencement Information

I7 Reg. 11 in operation at 11.10.2010, see reg. 1

12.  Section 71 (particulars to be given of certain attributes if claimed to be present) in so far as it applies in relation to feeding stuffs shall apply as if —

(a) in subsection (2)(b) “final sample” were substituted for “sampled portion”; and

(b) in subsection (3) —

(i) “final sample” were substituted for “sampled portion”, and

(ii) “that sample” were substituted for “the sample taken from that portion”.

Commencement Information

I8 Reg. 12 in operation at 11.10.2010, see reg. 1

F5 13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Reg. 13 revoked (23.11.2010) by The Animal Feed Regulations (Northern Ireland) 2010 (S.R. 2010/355), reg. 1, Sch. 2

F6 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Reg. 14 revoked (23.11.2010) by The Animal Feed Regulations (Northern Ireland) 2010 (S.R. 2010/355), reg. 1, Sch. 2

15.  Section 75 (purchaser’s right to have sample taken and analysed) in so far as it applies in relation to feeding stuffs shall apply as if in subsection (1) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”.

Commencement Information

I9 Reg. 15 in operation at 11.10.2010, see reg. 1

16.  Section 76 (inspector’s power to enter premises and take samples) in so far as it applies in relation to feeding stuffs shall apply as if —

(a) in subsection (1) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”; and

(b) for subsection (4) the following were substituted —

“(4) Without prejudice to any other power or duty as to the taking of samples, an inspector may for the purposes of this Part of this Act take a sample of any material which has been sold for use as a feeding stuff or which he has reasonable cause to believe to be intended for sale as such.”.

Commencement Information

I10 Reg. 16 in operation at 11.10.2010, see reg. 1

17.  Section 77 (division of samples and analysis by agricultural analyst) in so far as it applies in relation to feeding stuffs shall apply as if —

(a) for subsection (1) the following were substituted —

“(1) Where an inspector has taken a sample and prepared and packaged final samples in accordance with Regulation 152/2009 the inspector, in addition to sending a final sample to an agricultural analyst in Northern Ireland in accordance with the requirements of paragraph 8 of Annex I to that Regulation —

(a) shall send one final sample —

(i) where the sample was taken pursuant to the request of a purchaser under section 75 of this Act, to the seller or his agent;

(ii) in any other case, to the person on whose premises the sample was taken, or, if the person on whose premises the sample was taken purchased the material in question for use and not for resale, to the seller or his agent; and

(b) subject to section 78 of this Act, shall retain at least one final sample for nine months.”;

(b) for subsection (2) the following were substituted —

“(2) If the person who manufactured any material of which an inspector has taken a sample as mentioned in subsection (1) is not a person to whom a final sample is required to be sent under that subsection, the inspector shall send a final sample to the manufacturer unless the inspector does not know and is unable after making reasonable inquiries to ascertain before the expiration of fourteen days from the date when the sample was taken —

(a) the manufacturer’s name, or

(b) any address of the manufacturer in the United Kingdom.”;

(c) in subsection (3) —

(i) “final sample” were substituted for “part of a sample”, and

(ii) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”; and

(d) in subsection (4) —

(i) “final sample” were substituted in each case for “part of a sample” or “part of the sample” as the case may be,

(ii) “in such manner, if any, as may be prescribed” were omitted,

(iii) “subsection (1)” were substituted for “subsection (1)(a)”, and

(iv) in paragraph (b) “subsection (1)(a)(ii)” were substituted for “subsection (1)(b)(ii)”.

Commencement Information

I11 Reg. 17 in operation at 11.10.2010, see reg. 1

18.  Section 78 (further analysis by Chief Agricultural Analyst) in so far as it applies in relation to feeding stuffs shall apply as if —

(a) in subsection (1) —

(i) for paragraph (a) the following were substituted —

“(a) to send the final sample retained by the inspector under section 77(1)(b) of this Act (as that section is modified by regulation 17(a) of the Feed (Sampling and Analysis and Specified Undesirable Substances) Regulations (Northern Ireland) 2010) (“the retained sample”) to the Chief Agricultural Analyst for analysis;”, and

(ii) in paragraph (b) “retained sample” were substituted for “remaining part” and “that sample” were substituted for “that part”;

(b) in subsection (2) —

(i) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”,

(ii) in paragraph (a)(i) “retained sample” were substituted for “remaining part of the sample”,

(iii) in paragraph (a)(ii) “retained sample, whether that sample” were substituted for “remaining part, whether that part”, and

(iv) in paragraph (b) “the retained sample” were substituted for “that remaining part”;

(c) in subsection (4) —

(i) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”, and

(ii) “retained sample” were substituted for “remaining part of the sample”;

(d) in subsection (5) —

(i) “part of a” were omitted,

(ii) in paragraph (a) “part of the” were omitted, and

(iii) in paragraph (b) “the retained sample” were substituted for “the part”; and

(e) in subsection (6) —

(i) “in such manner, if any, as may be prescribed any part of” were omitted, and

(ii) “the sample” were substituted for “the part”.

Commencement Information

I12 Reg. 18 in operation at 11.10.2010, see reg. 1

19.  Section 79 (supplementary provisions relating to samples and analysis) in so far as it applies in relation to feeding stuffs shall apply as if in subsection (3) —

(a) “is specified by Regulation 152/2009 or” were inserted after “quality of any material”; and

(b) “the method so specified or prescribed” were substituted for “the method prescribed”.

Commencement Information

I13 Reg. 19 in operation at 11.10.2010, see reg. 1

Amendment of the Feed Hygiene Regulations N.I.

F7 20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Reg. 20 revoked (14.2.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) Regulations (Northern Ireland) 2016 (S.R. 2016/5), reg. 1, Sch. 5

Amendment of the GM Feed Regulations N.I.

F8 21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Reg. 21 revoked (14.2.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) Regulations (Northern Ireland) 2016 (S.R. 2016/5), reg. 1, Sch. 5

Amendment of the Official Feed and Food Controls Regulations (Northern Ireland) 2009 N.I.

F9 22.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Reg. 22 revoked (14.2.2016) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) Regulations (Northern Ireland) 2016 (S.R. 2016/5), reg. 1, Sch. 5

Revocations N.I.

23.  The Regulations or parts thereof listed in Schedule 3 are revoked.

Commencement Information

I14 Reg. 23 in operation at 11.10.2010, see reg. 1

PART 4 N.I. Undesirable substances

Amendment of the Feeding Stuffs Regulations (Northern Ireland) 2005 N.I.

F10 24.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Reg. 24 revoked (23.11.2010) by The Animal Feed Regulations (Northern Ireland) 2010 (S.R. 2010/355), reg. 1, Sch. 2

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 17th September 2010.

L. Devlin

A senior officer of the Department of Health, Social Services and Public Safety