In these Regulations—

• “the Act” means the Agriculture Act 1970;

• “Directive 82/475” means Commission Directive 82/475/EEC laying down the categories of feed materials which may be used for the purposes of labelling compound feedingstuffs for pet animals4;

• “Directive 2002/32” means Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed5;

• “Regulation 1831/2003” means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition6;

• “Directive 2008/38” means Commission Directive 2008/38/EC establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes7;

• “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/EC8;

• “Regulation 242/2010” means Commission Regulation (EU) No. 242/2010 creating the Catalogue of feed materials9; and

• “feed authority” means an authority identified in section 67(2) (enforcement authorities) of the Act as having the duty to enforce Part IV of the Act within its area.

Any expression used in these Regulations and in Regulation 1831/2003 or Regulation 767/2009 has the meaning in these Regulations that it bears in the Regulation concerned.

Any reference to an Annex to Directive 82/475, Directive 2002/32, Directive 2008/38, Regulation 767/2009 or Regulation 242/2010 is a reference to that Annex as it may be amended from time to time.

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 Regulation10.

Subject to the transitional provisions contained in Article 32, any person who contravenes or fails to comply with any provision of Regulation 767/2009 specified in Schedule 1 is guilty of 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 Annex to Directive 82/475 may be indicated.

The Food Standards Agency and each feed authority in its area is the competent authority for the purposes of Article 5(2) (verification of labelling information accuracy).

Any person who contravenes or fails to comply with any provision specified in paragraph (2) is guilty of an offence.

Any person who for the purpose of dilution mixes any feed with a feed that is specified in column 2 of Annex I and which contains any undesirable substance listed in column 1 of that Annex in excess of the maximum content specified for it in column 3 is guilty of an offence.

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 Annex I is not sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 of that Annex in excess of the maximum content specified in relation to it in column 3.

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.

Any person who, without reasonable excuse, fails to comply with a requirement made under paragraph (6) is guilty of an offence.

Any person who places on the market a feed intended for a particular nutritional purpose is guilty of an offence if the relevant requirements of paragraphs (2) to (9) are not met.

Where a group of additives is specified in column 2 or 4 of the Annex, the additive used must be authorised as corresponding to the specified essential characteristic.

Where the source of ingredients or analytical constituents is required in column 4 of the Annex, the manufacturer must make a precise declaration (for example the specific name of the ingredient, the animal species or the part of the animal) allowing the evaluation of conformity of the feed with the corresponding essential nutritional characteristics.

Where the declaration of a substance that is also authorised as an additive is required in column 4 of the Annex and is accompanied by the expression “total”, the declared content must refer to the quantity naturally present where none is added or, as appropriate, the total quantity of the substance naturally present and the amount added as an additive.

The declarations specified in column 4 of the Annex with the reference “if added” must be provided where the ingredient or the additive has been incorporated or increased specifically to enable the achievement of the particular nutritional purpose.

The declarations to be given in accordance with column 4 of the Annex concerning analytical constituents and additives must be quantitative.

Where a feed is intended to meet more than one particular nutritional purpose, it must comply with the corresponding entries in the Annex.

In the case of a complementary feed intended for a particular nutritional purpose, guidance on the balance of the daily ration must be provided in the instructions for use on the label.

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.

The Act is amended or modified, as the case may be, in accordance with paragraphs (2) to (9).

In section 69(1) (marking of material prepared for sale) omit “or feeding stuff”.

Omit sections 73 (deleterious ingredients in feeding stuff) and 73A.

In section 74 (limits of variation) after subsection (2) insert the following subsection:—

Section 74A(3) does not apply to regulations concerning feed.

The Feed (Hygiene and Enforcement) (Scotland) Regulations 200512 are amended in accordance with paragraphs (2) to (6).

In regulation 15(2)(b) (offences, penalties and enforcement) omit “food-producing”.

For regulation 24(13) (powers of entry for authorised officers) substitute—

In each of regulations 34(1) and (2) (defences of fault of another person, mistake etc and export), 35(1) and (3) (defences by corporate bodies or Scottish partnerships) and 36(1) (time limit for prosecutions) after “these Regulations” insert “or the Animal Feed Regulations”.

The Official Feed and Food Controls (Scotland) Regulations 200913 are amended in accordance with paragraph (2).

In paragraph (f) of Schedule 2 (definition of relevant feed law), for “the Feeding Stuffs (Scotland) Regulations 2005” substitute “the Animal Feed (Scotland) Regulations 2010”.