(This note is not part of the Regulations)
1. These Regulations amend the Feeding Stuffs (Scotland) Regulations 2005 (“the 2005 Regulations”) by inserting into them a provision requiring the percentage of each feed material contained in a compound feed to be declared, within a tolerance of ±15%, on the label of the compound feed or on an accompanying document (regulation 2(2)). This provision was formerly contained in the Feeding Stuffs (Scotland) Regulations 2000, (as amended by the Feeding Stuffs (Scotland) Amendment (No. 2) Regulations 2003) (“the 2000 Regulations”).
2. These Regulations also revoke a provision in the 2000 Regulations requiring the exact percentage of each feed material in a compound feed to be disclosed to customers on request (regulation 3(a)).
3. The provisions of the 2000 Regulations referred to in paragraphs 1 and 2 above were intended to implement in Scotland Article 1.4 and Article 1.1(b) respectively of Directive 2002/2/EC of the European Parliament and of the Council amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs (O.J. No. L 63, 6.3.02, p.23).
4. The provisions were then suspended by order of the Court of Session pending the outcome of a referral to the European Court of Justice (ECJ). During the period of suspension, all of the 2000 Regulations other than the suspended provisions were revoked and replaced by the 2005 Regulations.
5. In response to the referral the ECJ has now ruled that Article 1.4 of Directive 2002/2/EC is legally valid, whereas Article 1.1(b) is not.
6. A full Regulatory Impact Assessment, which includes a compliance cost assessment of the effect that these Regulations will have on business costs, has been prepared and placed in the Scottish Parliament Information Centre. Copies may be contained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.