PART 1Preliminary

Title, application and commencement1

These Regulations may be cited as the Feed (Hygiene and Enforcement) (England) Regulations 2005; they apply in relation to England only and come into force on 1st January 2006.

Interpretation2

1

In these Regulations —

  • the Act” means the Agriculture Act 19706;

  • “the Agency” means the Food Standards Agency;

  • “agricultural analyst” means an agricultural analyst appointed under section 67 of the Act, and includes a deputy analyst appointed for the same area;

  • “area” includes the district of the Port of London;

  • “authorised officer” means a person (whether or not an officer of the enforcement authority) who is authorised by the enforcement authority, either generally or specially, to act in relation to matters arising under these Regulations;

  • “enforcement authority” means the body identified as having the duty to enforce under regulation 16;

  • “feed authority” means an authority identified in section 67(1) of the Act as having the duty to enforce Part IV of that Act within its area;

  • F1...

  • “premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft;

  • F2”prescribed manner” means the manner prescribed by Regulation (EC) No. 152/2009 of the European Parliament and of the Council laying down the methods of sampling and analysis for the official control of feed or otherwise in accordance with Article 11(1) of Regulation 882/2004;

  • “Regulation 178/2002” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general requirements and principles of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety;

  • “Regulation 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules9;

  • “Regulation 183/2005” means Regulation (EC) No. 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene10;

  • F3...

  • “specified feed law” means the provisions listed in Schedule 1;

2

Subject to paragraph (3), other expressions used in these Regulations and in Regulation 178/2002, Regulation 882/2004 or Regulation 183/2005 have the same meaning in these Regulations as in that Regulation.

3

In these Regulations “feed” or “feeding stuff” does not include any of the following feed additives or premixtures consisting solely of such additives —

a

coccidiostats;

b

histomonostats; and

c

all other zootechnical additives except —

i

digestibility enhancers,

ii

gut flora stabilisers, and

iii

substances incorporated with the intention of favourably affecting the environment.

4

Where, apart from this paragraph, any period of less than seven days which is specified in these Regulations would include any day which is —

a

a Saturday, a Sunday, Christmas Day or Good Friday; or

b

a day which is a bank holiday under the Banking and Financial Dealings Act 197111,

that shall be excluded from the period.