Words in reg. 2(1) omitted (9.2.2023) by virtue of The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(2)(a)(i)
Words in reg. 2(1) omitted (9.2.2023) by virtue of The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(2)(a)(ii)
Words in reg. 2(1) substituted (23.3.2017) by The Animal Feed (Scotland) Amendment Regulations 2017 (S.S.I. 2017/38), regs. 1, 2(2)(a)
Words in reg. 2(1) omitted (31.12.2020) by virtue of The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(3), 7(2)(a)(i)
Words in reg. 2(1) inserted (31.12.2020) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(3), 7(2)(a)(ii)
Words in reg. 2(1) omitted (12.1.2014) by virtue of The Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013 (S.S.I. 2013/340), regs. 1, 3(2)(a)
Words in reg. 2(1) substituted (31.12.2020) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(3), 7(2)(a)(iii)
Words in reg. 2(2) substituted (31.12.2020) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(3), 7(2)(b)
Reg. 2(3) substituted (12.1.2014) by The Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013 (S.S.I. 2013/340), regs. 1, 3(2)(b)
Words in reg. 2(3) omitted (9.2.2023) by virtue of The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(2)(b)
Words in reg. 2(3) inserted (23.3.2017) by The Animal Feed (Scotland) Amendment Regulations 2017 (S.S.I. 2017/38), regs. 1, 2(2)(b)
Words in reg. 2(3) substituted (31.12.2020) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(3), 7(2)(c)
Reg. 4(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, 3(3)
Word in reg. 4(1) substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 7(3)
Words in reg. 4(2) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(3)
Reg. 5 substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 7(4)
Reg. 7(1) substituted (23.3.2017) by The Animal Feed (Scotland) Amendment Regulations 2017 (S.S.I. 2017/38), regs. 1, 2(3)
Reg. 8(a) omitted (9.2.2023) by virtue of The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(4)
Words in reg. 9(1)(a) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(a)(i)
Word in reg. 9(1) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(a)(ii)
Words in reg. 9(2)(a) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(b)(i)
Word in reg. 9(2)(b) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(b)(ii)
Words in reg. 9(3) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(c)(i)
Word in reg. 9(3) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(c)(ii)
Words in reg. 9(5) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(d)(i)
Word in reg. 9(5) substituted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(d)(ii)
Word in reg. 9(7) omitted (9.2.2023) by virtue of The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(e)(i)
Reg. 9(7)(e) and word inserted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(e)(ii)
Reg. 9(9) inserted (9.2.2023) by The Food and Feed (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/373), regs. 1(1), 6(5)(f)
Pt. 5 substituted (31.12.2020) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(3), 7(5)
Word in reg. 12(1) substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 7(6)
Words in reg. 13 substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 7(7)
Reg. 13A inserted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 7(8)
Reg. 18 inserted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 7(9)
O.J. No. L 229, 1.9.2009, p.1. This Regulation was last amended by Commission Regulation (EC) No. 568/2010 (O.J. No. L 163, 30.6.2010, p.30).
Categories (d) and (e) of Article 6(1) comprise respectively zootechnical additives, and coccidiostats and histomonostats. Functional groups listed in paragraphs 4(a), (b) and (c) of Annex I comprise digestibility enhancers, gut flora stabilisers and substances incorporated with the intention of favourably affecting the environment.
Section 66(1) was relevantly amended by S.I. 2004/3254 and S.S.I. 2010/354.
S.S.I. 2005/608, as amended by S.S.I. 2005/616, 2006/578, 2008/201, 2009/263 and 446, and 2010/354.
S.S.I. 2009/446, as amended by S.S.I. 2010/5, 177 and 354.
These Regulations may be cited as the Animal Feed (Scotland) Regulations 2010, extend to Scotland only and come into force on 23rd November 2010.
In these Regulations—
“
“
Any expression used in these Regulations and in Regulation 1831/2003
Any reference to an Annex to
These Regulations do not apply to any feed additive in category (d) or (e) of Article 6(1) of Regulation 1831/2003, with the exception of those in the functional groups listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation
In this Part and in Schedule 1 any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in Regulation 767/2009.
contravenes or fails to comply with the provisions of Regulation 767/2009 specified in Schedule 1; or
places on the market or uses any feed that fails to comply with Article 6(1) or 8,
commits an offence.
Where, pursuant to Article 17(2)(c) (specific mandatory labelling requirements for compound feed), the name of a specific feed material may be replaced by the name of the category to which the feed material belongs, only the categories listed in
The feed authority is the competent authority for the purposes of Regulation 767/2009
In this Part any reference to a numbered Article is a reference to the Article so numbered in Regulation 1831/2003.
A person commits an offence if that person contravenes or fails to comply with a provision specified in paragraph (2), as read, in the case of sub-paragraphs (a) and (c), with Article 2 (transitional provision) of Commission Regulation (EU) 2015/327 amending Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards requirements for the placing on the market and conditions of use of additives consisting of preparations.
The provisions are—
Article 3, paragraphs (1) to (4), (placing on the market, processing and use of feed additives), as read with Article 10 (status of existing products);
Article 12 (post-authorisation monitoring); and
Article 16, paragraphs (1) to (5) (labelling and packaging of additives and premixtures).
In this Part—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“
constitutes a potential danger to human or animal health or to the environment; or
could adversely affect livestock production.
Any person who—
places on the market any
uses any such feed,
is guilty of an offence if it contains any undesirable substance listed in column 1 of that
Any person who places on the market or uses any complementary feed is guilty of an offence if—
having regard to the quantity of it recommended for use in a daily ration, it contains any undesirable substance listed in column 1 of
there is no provision relating to any complementary feed in the corresponding entry in column 2 of that
Any person who for the purpose of dilution mixes any feed with a feed that is specified in column 2 of
Any person who places on the market or uses any feed which is not sound and genuine and of merchantable quality is guilty of an offence.
For the purposes of paragraph (4) a feed listed in column 2 of
Any person who has, for the purpose of a trade or business, possession or control of any of the feeds specified in paragraph (7) shall, if required by an inspector, procure and produce to the inspector an analysis in order to demonstrate that the content of inorganic arsenic in the feed specified in that paragraph is less than 2 parts per million.
The feeds are—
palm kernel expeller;
feeds obtained from the processing of fish and other marine animals;
seaweed meal and feed materials derived from seaweed;
complete feeds for fish or for fur-producing animals
peat; leonardite.
Any person who, without reasonable excuse, fails to comply with a requirement made under paragraph (6) is guilty of an offence.
In order to reduce or eliminate sources of undesirable substances in products intended for animal feed, the feed authority must, in cooperation with feed business operators, carry out investigations to identify the sources of undesirable substances, in cases where the maximum levels are exceeded and in cases where increased levels of such substances are detected, taking into account background levels; for the purpose of ensuring a uniform approach in cases of increased levels, action thresholds to trigger investigations are set out in table in schedule 5.
In this Part any reference to a numbered Article is a reference to the Article so numbered in Regulation 2020/354.
A person who contravenes or fails to comply with Article 1 (conditions on marketing) as read with Article 2 (derogation for feed which complies with the provisions of Directive 2008/38/EC) and Article 3 (derogation for feed labelled before 25 March 2022 in accordance with the rules applicable before 25 March 2020) commits an offence.
Any person found guilty of an offence under regulation 4(1), 7(1), 9(1) to (4) or
on summary conviction, to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum, or both; or
on conviction on indictment, to a term of imprisonment not exceeding three months or to a fine, or both.
Any person found guilty of an offence under regulation 9(8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
It is the duty of
Where the feed authority may delegate any function under these Regulations, it may delegate the function to any person.
Before delegating, the feed authority must consult the person to whom any delegation is to be made.
Where the feed authority delegates any function, it must specify the function and the area within which that function is to be performed.
Where the feed authority has delegated any of its functions, the feed authority may vary, suspend or cancel that delegation, in whole or in part.
The feed authority must publish and maintain an up to date register containing the details and operative date of any delegation.
The Act is amended or modified, as the case may be, in accordance with paragraphs (2) to (9).
In section 66 (interpretation of Part IV)—
“
“
For the purposes of this Part of this Act material shall be treated as sold for use as a fertiliser or feeding stuff whether it is sold to be so used by itself or as an ingredient in something which is to be so used.
In section 68 (duty of seller to give statutory statement)—
Nothing in subsections (1) to (5) applies to anyone to whom the requirements of Article 16 of Regulation (EC) No. 1831/2003 (labelling and packaging of feed additives and premixtures) or of Chapter 4 of Regulation (EC) No. 767/2009 (labelling, presentation and packaging) apply.
Failure to comply with the labelling requirements of Article 16 of Regulation (EC) No. 1831/2003 or of Chapter 4 of Regulation (EC) No. 767/2009 shall not invalidate a contract of sale, but such labelling shall, regardless of any contract or notice to the contrary, have effect as a warranty by the person who gives it that the particulars contained in it are correct.
In section 69(1) (marking of material prepared for sale) omit “or feeding stuff”.
In section 70 (use of names or expressions with prescribed meanings)—
Nothing in subsections (2) to (4) of this section shall apply to anyone to whom the labelling requirements of Regulation (EC) No. 767/2009 apply.
In section 71 (particulars to be given of certain attributes if claimed to be present)—
subsection (4) in so far as it applies in relation to feeding stuffs shall apply as if—
Nothing in subsections (1) to (3) of this section shall apply to anyone to whom Article 13 (claims) of Regulation (EC) No. 767/2009 applies.
Omit sections 73 (deleterious ingredients in feeding stuff) and 73A.
Nothing in subsection (2) shall apply to anyone to whom Article 11.5 and Annex IV (permitted tolerances) of Regulation (EC) No. 767/2009 applies.
Section 74A(3) does not apply to regulations concerning feed.
The Feed (Hygiene and Enforcement)
(Scotland) Regulations 2005
In regulation 2(1) (interpretation)—
“
“
In regulation 15(2)(b) (offences, penalties and enforcement) omit “food-producing”.
In this regulation— “compound feeding stuff” bears the same meaning as “ “feeding stuff which is intended for a particular nutritional purpose” bears the same meaning as “ “
In Schedule 1 (specified feed law)—
omit “The Feeding Stuffs (Scotland) Regulations 2000”;
Regulation 767/2009
The Official Feed and Food Controls (Scotland) Regulations 2009
The enactments listed in Schedule 2 are revoked.
The validity, effect or consequences of anything done under these Regulations as they had effect immediately before the Food Standards Scotland becomes the feed authority is not affected by the Food Standards Scotland becoming the feed authority.
Any inspection, investigation or legal proceedings commenced prior to the Food Standards Scotland becoming the feed authority is not affected by the Food Standards Scotland becoming the feed authority.
Any inspection, investigation or legal proceeding commenced prior to the Food Standards Scotland becoming the feed authority may be continued after that date as if the amendments to these Regulations coming into force on that day had not been made.
Any liability to a penalty for an offence committed before the Food Standards Scotland becoming the feed authority is not affected by the Food Standards Scotland becoming the feed authority.
Despite Food Standards Scotland becoming the feed authority, these Regulations as they had effect before that day continue to have effect for the purposes of investigating any offence referred in paragraph (4).