The Feeding Stuffs (Miscellaneous Amendments) (Scotland) Regulations 2003 (revoked)

6.  After regulation 6, there shall be inserted–

“Modification of the Agriculture Act 1970 and of these Regulations as regards analysis of samples of feeding stuffs and feed materials to determine levels of dioxins and dioxin-like PCBs

6A.   For the purpose of determining whether dioxins or dioxin-like PCBs are present or active in a sample of a feeding stuff to be analysed pursuant to the Act or of a feed material to be analysed pursuant to Directive 2002/70/EC, and if they are, what quantity or proportion of dioxins or dioxin-like PCBs are present or active in such a sample–

(a) Part IV of the Act shall have effect as if–

(i) in section 66(1), after the definition of “pet animal” there were inserted–

““point 4 compliant laboratory” means a laboratory which complies with the fourth and fifth indents of point 4 of Annex II to Commission Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feedingstuffs;”;

(ii) in section 77(1)(a), for “the agricultural analyst for the inspector’s area” there were substituted “ a point 4 compliant laboratory ”;

(iii) in each of sections 77(3) and 78(5), for “the agricultural analyst” there were substituted “ a point 4 compliant laboratory ”;

(iv) in section 77(4), for “The agricultural analyst shall analyse the part of a sample which is sent to him” there were substituted “ A point 4 compliant laboratory shall analyse the part of a sample which is sent to it ”;

(v) section 77(5) were omitted;

(vi) in section 78(3), for “agricultural analyst's”, in both places where the words appear, there were substituted “ point 4 compliant laboratory's ”;

(vii) for section 79(4) and (5) there were substituted–

“(4) Any analysis required to be made by a point 4 compliant laboratory or the Government Chemist may be made by any person acting under the directions of an analyst at that laboratory or, as the case may be, of the Government Chemist.

(5) A certificate of analysis by an analyst at a point 4 compliant laboratory shall be signed by that analyst and a certificate of analysis by the Government Chemist shall be signed by the Government Chemist or a person authorised by the Government Chemist to sign the certificate.”; and

(viii) in section 79(6), for “agricultural analyst” there were substituted “ analyst at a point 4 compliant laboratory ”;

(b) Part I of Schedule 3 shall have effect as if in the certificate set out there for “agricultural analyst for” there were substituted “ analyst at ”; and

(c) Part II of Schedule 3 shall have effect as if in note (2) to the certificate which is set out there for “local authority” there were substituted “ laboratory ”.”.