The Genetically Modified Animal Feed (Scotland) Regulations 2004

Application of various provisions of the Act S

6.—(1) The following provisions of the Act shall apply for the purposes of these Regulations and any reference in those provisions to the Act or Part thereof, shall be a reference to these Regulations and Chapter III of the Community Regulation and any reference to a feeding stuff shall be a reference to feed:–

(a) –

(i) section 77 (division of samples and analysis by agricultural analyst);

(ii) section 78(2) to (10) (further analysis by Government Chemist);

(iii) section 79(4) to (8) and (10) (supplementary provisions relating to samples and analysis);

(iv) section 80 (institution of prosecutions);

(v) section 81 (offences due to fault of other person);

(vi) section 82 (defence of mistake, accident, etc.); and

(vii) section 83 (exercise of powers by inspectors);

(b) section 76 (inspector’s power to enter premises and take samples), with the modification that for subsection (2)(b)(i) substitute “ any relevant documentation including extracts from information recorded in computerised form relating to the feed ”; and

(c) section 110 (offences by bodies corporate) with the modification that a body corporate includes a partnership in Scotland, and, in relation to such a partnership, a reference to a director or other officer of a body corporate is a reference to a partner.

(2) For the purposes of paragraph (1)–

(a) any reference to samples taken in the prescribed manner shall be the manner prescribed in Part II of Schedule 1 to the Sampling and Analysis Regulations; and

(b) any reference to a prescribed method of analysis shall be–

(i) in relation to methods for detecting the use of a particular authorised genetically modified organism, the method described in Article 17.3(i) for detection and identification of the transformation event; or

(ii) in any other case, any method that satisfies regulation 6(4)(b) of the Sampling and Analysis Regulations.