The Feeding Stuffs (Application to Zootechnical Additives etc.) (Scotland) Regulations 2005

Title, application and commencement S

1.  These Regulations—

(a) may be cited as the Feeding Stuffs (Application to Zootechnical Additives etc.) (Scotland) Regulations 2005;

(b) apply in relation to Scotland only; and

(c) come into force on 3rd January 2006.

Interpretation S

2.  In these Regulations—

“the Act” means the Agriculture Act 1970;

“additive” means a feed additive to which the Additives Regulation applies that is not an excluded additive;

“the Additives Regulation” means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition M1 ;

“excluded additive” means any of the following—

(a)

coccidiostats;

(b)

histomonostats; or

(c)

any zootechnical additive falling within category (d) of Article 6(1) of the Additives Regulation;

“the Feed Hygiene Regulations” means the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 M2 ;

“the Feeding Stuffs Regulations” means the Feeding Stuffs (Scotland) Regulations 2005 M3 ;

“quasi-medicinal additive” means an excluded additive which is not a non-medicinal zootechnical additive;

“non medicinal zootechnical additive” means a product falling within category (d) of Article 6(1) of the Additives Regulation that is either—

(d)

a digestibility enhancer;

(e)

a gut flora stabiliser; or

(f)

a substance incorporated with the intention of favourably affecting the environment;

“non medicinal zootechnical premixture” is a premixture within the meaning given by Article 2(2)(e) of the Additives Regulation, excluding—

(g)

any premixture as defined below, and

(h)

any mixture consisting solely of a combination of quasi-medicinal additives;

“the OFFC Regulations” means the Official Feed and Food Controls (Scotland) Regulations 2005 M4 ; and

“premixture” has the meaning given by Article 2(2)(e) of the Additives Regulation, excluding any mixture consisting solely of a combination of excluded additives.

Marginal Citations

M1 O.J. No. L 268, 18.10.2003, p.29, as last amended by Regulation (EC) No. 378/2005 of the Commission (O.J. No. L 59, 5/3/2005, p. 8.

M2 S.S.I. 2005/[ ].

M3 S.S.I. 2005/[ ].

M4 S.S.I. 2005/[ ].

Application of the Genetically Modified Animal Feed (Scotland) Regulations 2004 to non-medicinal zootechnical additives S

3.  The Genetically Modified Animal Feed (Scotland) Regulations 2004 M5 shall apply to non-medicinal zootechnical additives as they apply to additives.

Marginal Citations

M5 S.S.I. 2004/433, amended by S.S.I. 2005/246.

Application of the Feeding Stuffs (Scotland) Regulations 2005 to non medicinal zootechnical additives S

4.  The Feeding Stuffs Regulations shall apply to—

(a) non medicinal zootechnical additives as they apply to additives; and

(b) non medicinal zootechnical premixtures as they apply to premixtures.

Application of the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 to non-medicinal zootechnical additives S

F1 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 5 revoked (20.6.2008) by The Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/201), regs. 1, 3 (with reg. 4(2))

Secondary analysis by the Government Chemist S

F2 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 6 revoked (20.6.2008) by The Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/201), regs. 1, 3 (with reg. 4(2))

Application of the Official Feed and Food Controls (Scotland) Regulation 2005 to non-medicinal zootechnical additives S

7.—(1) The OFFC Regulations shall apply to—

(a) the Act and the Feeding Stuffs (Sampling and Analysis) Regulations 1999 in so far as the Act and those Regulations apply to non medicinal zootechnical additives and non medicinal zootechnical premixtures, and

(b) the Genetically Modified Animal Feed (Scotland) Regulations 2004, the Feeding Stuffs Regulations and the Feed Hygiene Regulations as those regulations are modified by these Regulations,

in the same way as the OFFC Regulations apply to relevant feed law as that expression is defined in those Regulations.

(2) Part 3 of the OFFC Regulations (official controls on feed and food of non animal origin from third countries) shall apply to—

(a) non medicinal zootechnical additives as it applies to additives; and

(b) non medicinal zootechnical premixtures as it applies to premixtures.

Revocations S

8.  The Regulations listed in the Schedule to these Regulations are revoked in so far as they apply in relation to Scotland and to non medicinal zootechnical additives or non medicinal zootechnical premixtures.

Signed by authority of the Secretary of State for Health

Caroline Flint

Parliamentary Under Secretary of State,

Department of Health

7th December 2005