- Latest available (Revised)
- Point in Time (01/04/2015)
- Original (As made)
Version Superseded: 14/12/2019
Point in time view as at 01/04/2015. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005, Section 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
2.—(1) In these Regulations–
“the Act” means the Agriculture Act 1970 M1;
“the Agency” means the [F1Food Standards Scotland];
“agricultural analyst” means an agricultural analyst appointed under section 67 of the Act, and includes a deputy analyst appointed for the same area;
[F2“the Animal Feed Regulations” means the Animal Feed (Scotland) Regulations 2010;]
“authorised officer”, in relation to an enforcement authority, means any person appointed by that authority under regulation [F316(3)];
“enforcement authority” means the body identified as having the duty to enforce under regulation 16(1);
“excluded additive” means any of the following feed additives–
coccidiostats;
histomonostats; or
a zootechnical additive falling within category (d) of Article 6(1) of Regulation 1831/2003 [F4except an additive that is either–
a digestibility enhancer;
a gut flora stabiliser; or
a substance incorporated with the intention of favourably affecting the environment]
“feed authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M2;
F5...
“premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft;
“premixture” has the meaning given by Article 2(2)(e) of Regulation 1831/2003 excluding any mixture consisting solely of a combination of more than one excluded additive;
[F6“prescribed manner” means the manner prescribed by Regulation (EC) No. 152/2009 of the European Parliament and of the Council laying down the methods of sampling and analysis for the official control of feed or otherwise in accordance with Article 11(1) of Regulation 882/2004;]
“Regulation 178/2002” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety M3;
“Regulation 1831/2003” means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition M4;
“Regulation 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules M5;
[F7“Regulation 183/2005” means Regulation (EC) No 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene;]
[F8“Regulation 767/2009” means Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No. 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC;]
F9...
“specified feed law” means the provisions listed in Schedule 1 but does not include those provisions in so far as they may apply to excluded additives or to premixtures consisting solely of a combination of excluded additives.
(2) Subject to paragraph (3), any other expression used both in these Regulations and in Regulation 178/2002, Regulation 882/2004 or Regulation 183/2005 has the same meaning as it bears in Regulation 178/2002, Regulation 882/2004 or Regulation 183/2005 as the case may be.
(3) In these Regulations “feed” or “feeding stuff” does not include any excluded additive or any premixtures consisting solely of a combination of more than one excluded additive.
(4) Where, apart from this paragraph, any period of less than 7 days which is specified in these Regulations would include any day which is–
(a)a Saturday, a Sunday, Christmas Day or Good Friday; or
(b)a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 M6,
that day shall be excluded from the period.
[F10(5) Any reference in these Regulations to an Annex to Regulation 183/2005 is a reference to that Annex as amended from time to time.]
Textual Amendments
F1Words in reg. 2(1) substituted (1.4.2015) by The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (S.S.I. 2015/100), arts. 1(2), 2, sch. para. 13
F2Words in reg. 2(1) inserted (23.11.2010) by The Animal Feed (Scotland) Regulations 2010 (S.S.I. 2010/373), regs. 1, 15(2)(a)
F3Word in reg. 2(1) substituted (20.9.2009) by The Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2009 (S.S.I. 2009/263), regs. 1, 2(2)
F4Words in reg. 2(1) inserted (20.6.2008) by The Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/201), regs. 1, 2(2) (with reg. 4(1))
F5Words in reg. 2(1) omitted (15.11.2010) by virtue of The Feed (Sampling and Analysis and Specified Undesirable Substances) (Scotland) Regulations 2010 (S.S.I. 2010/354), regs. 1, 21(2)(a)
F6Words in reg. 2(1) substituted (15.11.2010) by The Feed (Sampling and Analysis and Specified Undesirable Substances) (Scotland) Regulations 2010 (S.S.I. 2010/354), regs. 1, 21(2)(b)
F7Words in reg. 2(1) substituted (12.1.2014) by The Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013 (S.S.I. 2013/340), regs. 1, 2(2)(a)
F8Words in reg. 2(1) inserted (23.11.2010) by The Animal Feed (Scotland) Regulations 2010 (S.S.I. 2010/373), regs. 1, 15(2)(b)
F9Words in reg. 2(1) omitted (15.11.2010) by virtue of The Feed (Sampling and Analysis and Specified Undesirable Substances) (Scotland) Regulations 2010 (S.S.I. 2010/354), regs. 1, 21(2)(c)
F10Reg. 2(5) inserted (12.1.2014) by The Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013 (S.S.I. 2013/340), regs. 1, 2(2)(b)
Marginal Citations
M21994 c. 39; section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232.
M3O.J. No. L 245, 29.9.03, p.4.
M4O.J. No. L 268, 18.10.03, p.29. That Regulation was last amended by Commission Regulation (EC) No. 378/2005 on detailed rules for the implementation of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council as regards the duties and tasks of the Community Reference Laboratory concerning applications for authorisations of feed additives.
M5O.J. No. L 165, 30.4.04, p.1. The revised text of Regulation 882/2004 is now set out in a Corrigendum (O.J. No. L 191, 28.5.04, p.1).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: