Part IV U.K. Fertilisers and Feeding Stuffs

Modifications etc. (not altering text)

C1 Pt. IV applied: (E.W.S.) (1.11.1991) by S.I. 1991/2197, reg.11 (with reg. 1(2)(3)); (E.W.S.) (22.1.1992) by S.I. 1991/2840, reg. 23 (with reg. 22) (which S.I. was revoked (E.W.S.) (30.6.1995) by 1995/1412, reg. 25); (N.I.) (18.5.1992) by S.R. 1992/187, reg. 11 (with reg. 1(2)); (N.I.) (27.7.1992) by S.R. 1992/270, reg. 23 (with reg. 22)); (E.W.S.) (30.6.1995) by S.I. 1995/1412, reg. 24 (with reg. 23) (which S.I. was revoked (E.) (29.10.2000) by S.I. 2000/2481, reg. 26 and (S.) (31.1.2001 except insofar as it made modifications to the 1970 c. 40) by S.S.I. 2000/453, reg. 26); (N.I.) (15.1.1996) by S.R. 1995/451, reg. 24 (with reg. 23)

C2 Pt. IV modified (21.6.1996) by S.I. 1996/1342, reg. 3, Sch. 1

Pt. IV modified (8.9.1999) by S.I. 1999/2325, reg. 7(1)(2), 8 (as amended: (E.) (20.3.3001) by S.I. 2001/541, reg. 7(a); (W.) (1.8.2001) by S.I. 2001/2253, reg. 7(a))

Pt. IV extended (W.) (1.3.2001) by S.I. 2001/343, reg. 22

C3 Pt. IV (except s. 78(10)): Functions of the Secretary of State, the Secretary of State for Scotland or the Secretary of State for Wales transferred to the Minister of Agriculture, Fisheries and Food (27.12.1999) by S.I. 1999/3141, art. 2(1)(5), 3, Sch.

Pt. IV: power to make regulations amended (E.W.) (temp.) by S.I. 2000/656, reg. 14

C4 Pt. IV amendment to earlier affecting provision SI 1999/2325 reg. 7 (W.) (1.5.2003) by The Feeding Stuffs (Amendment) (Wales) Regulations 2003 (S.I. 2003/989), regs. 1(1), 7

C5 Pt. IV modified by SI 1999/1663 reg. 6A (as inserted (E.) (9.6.2003) by Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) Regulations 2003 (S.I. 2003/1296), regs. 1, 6)

C6 Pt. IV amendment to earlier affecting provision SI 1999/2325, regs. 7, 8 (E.) (9.6.2003) by Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) Regulations 2003 (S.I. 2003/1296), regs. 1, 9, 10

C7 Pt. IV modified by S.I. 1999/1663 reg. 6A (as inserted (S.) (26.6.2003) by The Feeding Stuffs (Miscellaneous Amendments) (Scotland) Regulations 2003 (S.S.I. 2003/277), regs. 1(1), 6)

C8 Pt. IV amendment to earlier affecting provision S.I. 1999/2325, regs. 7, 8 (S.) (26.6.2003) by The Feeding Stuffs (Miscellaneous Amendments) (Scotland) Regulations 2003 (S.S.I. 2003/277), regs. 1(1), 9, 10

C9 Pt. IV modified by SI 1999/1663 reg. 6A (as inserted (W.) (14.7.2003) by Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (Wales) Regulations 2003 (S.I. 2003/1677), regs. 1, 6)

C10 Pt. IV amendment to earlier affecting provision S.I. 1999/2325, regs. 7, 8 (W.) (14.7.2003) by Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (Wales) Regulations 2003 (S.I. 2003/1677), regs. 1, 9, 10

C11 Pt. IV amendment to earlier affecting provision SI 1999/2325 reg. 7 (E.) (1.8.2003) by Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 (S.I. 2003/1503), regs. 1(2), 17

C12 Pt. IV amendment to earlier affecting provision SI 1999/2325 reg. 7 (W.) (1.8.2003) by The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 (S.I. 2003/1850), regs. 1(2), 17

C13 Pt. IV amendment to earlier affecting provision SI 1999/2325 reg. 7 (W.) (3.12.2003) by Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulatons 2003 (S.I. 2003/3119), regs. 1(2), 8

C14 Pt. IV amendment to earlier affecting provision SI 1999/2325 reg. 7 (E.) (8.12.2003) by Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No.2) Regulations 2003 (S.I. 2003/2912), regs. 1, 8

C15 Pt. IV amendment to earlier affecting provision SI 1999/2325 reg. 7 (E.) (1.6.2004) by Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004 (S.I. 2004/1301), regs. 1, 8

C16 Pt. IV amendment to earlier affecting provision SI 1999/2325 reg. 7 (W.) (9.7.2004) by The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004 (S.I. 2004/1749), regs. 1, 8

C17 Pt. IV amendment to earlier affecting provision SI 1999/2325 reg. 7 (W.) (24.11.2004) by The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No. 2) Regulations 2004 (S.I. 2004/3091), regs. 1, 5(2)

Preliminary U.K.

66 Interpretation of Part IV. U.K.

(1) In this Part of this Act—

• “agricultural analyst” means an agricultural analyst appointed under section 67 of this Act and, unless the context otherwise requires, includes a deputy agricultural analyst so appointed for the same area;

• “analysis” includes any process for determining any fact as to the nature, substance or quality of any material;

• “animal” includes any bird, insect or fish;

• “enforcement authority” has the meaning assigned by section 67(3) of this Act;

[F1 “feeding stuff" means—

(a)

a product of vegetable or animal origin in its natural state (whether fresh or preserved);

(b)

a product derived from the industrial processing of such a product; or

(c)

an organic or inorganic substance, used singly or in a mixture (and whether or not containing additives);

for oral feeding to pet animals and such desciptions of animals as may be prescribed being animals which, or kinds of which, are commonly kept for the production of food, wool, skins or fur or for the purpose of their use in the farming of land;]

• “fertiliser” means a fertiliser used for the cultivation of crops or plants of any description, including trees;

• “fish” includes shellfish;

• “inspector” means an inspector appointed under section 67 of this Act;

• “the Minister” means, in relation to England and Wales, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland, the Secretary of State;

• “the Ministers” means the Minister of Agriculture, Fisheries and Food and [F2 the Secretary of State for Scotland and the Secretary of State for Wales] acting jointly;

• [ “ F3 pet animal ” means any animal belonging to a species normally kept and nourished but not consumed by man, not being an animal which has been or may be prescribed for the purpose of the definition of “feeding stuff"; ]

• “prescribed” means prescribed by regulations;

• “prescribed metric substitution”, in relation to a quantity specified in any provision of this Part of this Act in terms of tons, pounds, or gallons, means any quantity expressed in terms of metric units of measurement which regulations may direct to be substituted in that provision, either generally or in prescribed circumstances, for the quantity so specified, being a quantity so expressed appearing to the Ministers appropriate to be so substituted having regard to the convenience of persons likely to be affected and with a view to the effective execution of this Part of this Act;

• [F4 “Regulation ( EC ) No. 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. ]

• “regulations” means regulations made as provided in section 84 of this Act;

• “sampled portion”, in relation to any material, means a prescribed amount of that material from which a sample has been taken by an inspector in the prescribed manner, being an amount—

(a)

consisting either—

(i)

entirely of material packed in one or more containers; or

(ii)

entirely of material not so packed; and

(b)

not exceeding, in the case of an amount consisting of material so packed, the requisite quantity, that is to say, five tons or 1,000 gallons or the prescribed metric substitution, except where—

(i)

it consists of material packed in a single container; or

(ii)

it consists of material packed in two or more containers each of which holds less than the requisite quantity, in which case the prescribed amount may be the contents of the lowest number of those containers which together hold the requisite quantity;

“statutory statement"has the meaning assigned by section 68(1) of this Act.

[F5 ( 2 ) For the purposes of this Act—

(a) material shall be treated as sold for use as a fertiliser whether it is sold to be so used by itself or as an ingredient in something which is to be so used;

( b ) material shall be treated—

(i) as imported or sold for use as a feeding stuff whether it is imported or, as the case may be, sold to be so used by itself or as an ingredient or additive in something which is to be so used; and

(ii) as used as a feeding stuff whether it is so used by itself or as an ingredient or additive in something which is to be so used.]

(3) Any material consigned to a purchaser shall not for the purposes of this Part of this Act be deemed to be delivered to him until it arrives at the place to which it is consigned whether the consignment is by direction of the seller or the purchaser.

(4) Where any material is delivered to a purchaser in two or more consignments this Part of this Act shall apply separately to each consignment.

(5) For the purposes of this Part of this Act, the appropriation of any material by one person for use—

(a) in the performance for hire or reward of services to another person in pursuance of a contract in that behalf, or

(b) under arrangements with another person not constituting a sale of the material to that other person, being arrangements which are intended to benefit both the person appropriating the material and that other person but under which the probability or extent of any benefit to that other person may be affected by the quality of the material,

shall be treated as a sale of that material to that other person by the person so appropriating it, and references to sale or purchase and cognate expressions shall be construed accordingly.

Subordinate Legislation Made

P1 S. 66: for previous exercises of this power see Index to Government Orders

P2 S. 66(1): s. 74A (with ss. 66(1), 67(5), 75(1), 76(1), 77, 78(2)(4)(6), 79(1)(2)(9) and 84) power exercised by S.I. 1991/973

S. 66(1): s. 74A (with ss. 66(1), 68(1)(1A)(3), 69(1)(3)(6)(7), 70(1), 73(3), 74(1) and 84) power exercised by S.I. 1991/1475

P3 S. 66(1): s. 84 (with ss. 66(1), 68(1)(2)(3), 69(1)(3)(6)(7), 70(1), 74(1), 74A(1)(2)(4)) power exercised by S.I. 1991/2197

P4 S. 74A (with ss. 66(1), 75(1), 76(1), 77, 78(2), (4) and (6), 79(1), (2) and (9), 84 and 86(1), (2), (3) and (9)) power exercised by S.R. 1991/540

P5 S. 66(1): S. 74A (with ss. 66(1), 68(1)(1A) and (3), 69(1), (3), (6) and (7), 70(1), 74(1), 74A and 84) power exercised by S.I. 1991/2840

Textual Amendments

F1 Definition in s. 66(1) substituted (E.W.S.) (22.1.1992) by S.I. 1991/2840, reg. 19(1) (with reg. 22) (which S.I. was revoked (E.W.S.) (30.6.1995) by S.I. 1995/1412, reg. 25 (with reg. 23)) and substituted (N.I.) (27.7.1992) by S.R. 1992/270, reg. 19(1) (with reg. 22) (which S.R. was revoked (15.1.1996) by S.R. 1995/451, reg. 25 (with reg. 23))

Definition in s. 66(1) substituted: (E.W.S.) (30.6.1995) by S.I. 1995/1412, reg. 20(1) (which S.I. was revoked (E.) (29.10.2000) by S.I. 2000/2481, reg. 26 and (S.) (31.1.2001 except insofar as it made modifications to 1970 c. 40) by S.S.I. 2000/453, reg. 26); (N.I.) (15.1.1996) by S.R. 1995/451, reg. 20(1)

F2 Words substituted by S.I. 1978/272, Sch. 5 para. 1

F3 Definition added by S.I. 1982/980, reg. 4(b)

F4 Words in s. 66(1) inserted (E.W.S.) (1.1.2005) by Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations 2004 (S.I. 2004/3254), regs. 1, 10; and words in s. 66(1) inserted (N.I.) (1.1.2005) by The Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations (Northern Ireland) 2004 (S.R. 2004/506), regs. 1(1), 10

F5 S. 66(2) substituted: (E.W.S.) (22.1.1992) by S.I. 1991/2840, reg. 19(2) (with reg. 22) (which S.I. was revoked (E.W.S.) (30.6.1995) by S.I. 1995/1412, reg. 25 (with reg. 23)); (N.I.) (27.7.1992) by S.R. 1992/270, reg. 19(2) (with reg. 22) (which S.R. was revoked (15.1.1996) by S.R. 1995/451, reg. 25 (with reg. 23))

S. 66(2) substituted: (E.W.S.) (30.6.1995) by S.I. 1995/1412, reg. 20(1) (which S.I. was revoked (E.) (29.10.2000) by S.I. 2000/2481, reg. 26 and (S.) (31.1.2001 except insofar as it made modifications to 1970 c. 40) by S.S.I 2000/453, reg. 26); (N.I.) (15.1.1996) by S.R. 1995/451, reg. 20(2)

Modifications etc. (not altering text)

C18 Certain functions of Minister of Agriculture, Fisheries and Food under Pt. IV now exercisable (W.) by Secretary of State or Minister and Secretary of State jointly: S.I. 1978/272, art. 2, Sch. 1

C19 S. 66 modified (S.) (31.1.2001) by S.S.I. 2000/453, reg. 20(1)

C20 S. 66 applied (with modifications) (N.I.) by: S.R. 1986/67, reg. 19(1)(2); S.R. 1988/188, reg. 21(1)(2) (which S.R. was revoked (N.I.) by S.R. 1992/270, reg. 24 (with reg. 1(2)))

C21 S. 66(1) modified (N.I.): by S.R. 1978/240, reg. 7(a) (which S.R. was revoked (N.I.) (27.7.1992) by S.R. 1992/270, reg. 24); by S.R. 1982/338, reg. 8 (which S.R. was revoked (N.I.) (2.8.1999) by S.R. 1999/296, reg. 9); by S.R. 1990/286, reg. 12(a) (which S.R. was revoked (N.I.) (18.5.1992) by S.R. 1992/187, reg. 13); by S.R. 1991/540, reg. 7(a)); (18.5.1992) by S.R. 1992/187, reg. 12(a) (with reg. 1(2)) (which modification was continued (N.I.) (2.8.1999) by S.R. 1999/296, reg. 8(a))

C22 S. 66(1) modified (E.W.S.): by S.I. 1982/1144, reg. 9(a) (which S.I. was revoked (E.W.S.) (6.7.1999) by S.I. 1999/1663, reg. 10); (20.5.1991) by S.I. 1991/973, reg. 8(a) (which S.I. was revoked (E.W.S.) (21.6.1996) by S.I. 1996/1342, reg. 9); (1.11.1991) by S.I. 1991/2197, reg. 12(a); (21.6.1996) by S.I. 1996/1342, reg. 8(a) (which modification was continued (E.W.S.) (6.7.1999) by S.I. 1999/1663, reg. 9(a))

C23 S. 66(1) modified (E.) (29.10.2000) by S.I. 2000/2481, reg. 20(1)

s. 66(1) modified (W.) (1.3.2001) by S.I. 2001/343, reg. 18(1)

C24 S. 66(2) modified (W.) (1.3.2001) by S.I. 2001/343, reg. 18(2)

C25 S. 66(2)(b) modified (29.10.2000) by S.I 2000/2481, reg. 20(2)