The Feeding Stuffs (Safety Requirements for Feed for Food–Producing Animals) Regulations 2004

Application of various provisions of the Act

4.—(1) Subject to paragraph (3), the provisions of the Act specified in paragraph (2) shall apply for the purposes of these Regulations and Articles 15, 16, 18 and 20 of Regulation 178/2002 as if —

(a) any reference in them to feeding stuff were a reference to feed;

(b) any reference in them to the Act or any Part of it were a reference to these Regulations and to Articles 15, 16, 18 and 20 of Regulation 178/2002;

(c) any reference to samples taken in a prescribed manner were a reference to samples taken in a manner prescribed in Part II of Schedule 1 of the Feeding Stuffs (Sampling and Analysis) Regulations 1999(1).

(2) The specified provisions referred to in paragraph (1) are —

(a) section 67(4) (area of inspector’s authority) and (8) (Minister’s power to appoint inspectors);

(b) section 76 (inspector’s power to enter premises and take samples), with the modification that paragraph (b) of subsection (2) shall be construed as if it gave the inspector power to take copies of any documentation relating to the feed;

(c) section 77 (division of samples and analysis by agricultural analyst);

(d) section 78(2), (3), (4), (5), (6), (7), (8), (9) and (10) (further analysis by the Government Chemist);

(e) section 79(3), (4), (5), (6), (7), (8), (9) and (10) (supplementary provisions relating to samples and analysis);

(f) section 80 (institution of prosecutions);

(g) section 81 (offences due to fault of other person);

(h) section 82 (defence of mistake, accident, etc.);

(i) section 83 (exercise of powers by inspectors);

(j) section 110 (offences by bodies corporate).

(3) the provisions of paragraph (1)(b) shall not apply in the case of the provisions specified in paragraph (2)(c).

(1)

S.I. 1999/1663, amended by S.I. 1999/1871, and in relation to England by S.I 2000/2481, S.I. 2001/541, S.I. 2002/892, S.I. 2003/1296, S.I. 2003/1503, S.I. 2003/2912, S.I. 2004/1301, S.I. 2004/2146 and S.I. 2004/2688, in relation to Scotland by S.S.I.2000/453, S.S.I.2001/104, S.S.I. 2002/285 and S.S.I. 2003/277, and in relation to Wales by S.I. 2001/343, S.I.2001/2253, S.I. 2002/1797, S.I. 2003/1677, S.I.2003/1850, S.I. 2003/3119.