PART 7Amendments and modifications to the Agriculture Act 1970

Amendments and modifications to the Agriculture Act 197014

1

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

2

In section 66 (interpretation of Part IV)—

a

in subsection (1) M1, insert at the appropriate place the following definitions:—

“Regulation (EC) No. 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;

b

for subsection (2) substitute—

2

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.

3

In section 68 (duty of seller to give statutory statement)—

a

after subsection (5) insert the following subsection:—

5A

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.

b

after subsection (6) insert the following subsection:—

7

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.

4

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

5

In section 70 (use of names or expressions with prescribed meanings)—

a

subsection (1)(a) in so far as it applies in relation to feeding stuffs shall apply as if “under Regulation (EC) No. 767/2009” were substituted for “ ;by regulations made for the purposes of this section ”; and

b

after subsection (5) insert the following subsection:—

6

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.

6

In section 71 (particulars to be given of certain attributes if claimed to be present)—

a

subsection (4) in so far as it applies in relation to feeding stuffs shall apply as if—

i

“the requirements of Article 13 (claims) of Regulation (EC) No. 767/2009” were substituted for “ ;subsection (1) of this section ”; and

ii

“that Article” were substituted for “ ;that subsection ”; and

b

after subsection (5) insert the following subsection:—

6

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.

7

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

8

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

3

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.

9

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