The Official Feed and Food Controls (England) Regulations 2006

Regulation 2(1)

SCHEDULE 1 E+W DEFINITIONS OF COMMUNITY LEGISLATION

“Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC M1 ;

Marginal Citations

M1 OJ No. L157, 30.4.2004, p.33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (OJ No. L195, 2.6.2004, p.12).

“Regulation 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 as last amended by Regulation 1642/2003;

“Regulation 1642/2003” means Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 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;

“Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs M2 as read with Regulation 2073/2005;

Marginal Citations

M2 OJ No. L139, 30.4.2004, p.1. The revised text of Regulation (EC) No. 852/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.3).

“Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin M3 as amended by Regulation 2074/2005 and Regulation 2076/2005 and as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005 and Regulation 2076/2005;

Marginal Citations

M3 OJ No. L139, 30.4.2004, p.55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.22).

“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 rules M4 as read with Regulation 2074/2005 and Regulation 2076/2005;

Marginal Citations

M4 OJ No. L165, 30.4.2004, p.1. The revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum (OJ No. L191, 28.5.2004, p.1).

“Regulation 1688/2005” means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs M5 ;

Marginal Citations

M5 OJ No. L271, 15.10.2005, p.17.

“Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs M6 ;

Marginal Citations

M6 OJ No. L338, 22.12.2005, p.1.

“Regulation 2074/2005” means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 M7 ; and

Marginal Citations

M7 OJ No. L338, 22.12.2005, p.27.

“Regulation 2076/2005” means Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 M8 .

Marginal Citations

M8 OJ No. L338, 22.12.2005, p.83.

Regulation 2(1)

SCHEDULE 2 E+W DEFINITION OF RELEVANT FEED LAW

“relevant feed law” means —

(a) Part IV of the Agriculture Act 1970 M9 in so far as it applies in relation to feeding stuffs;

(b) the Feeding Stuffs (Sampling and Analysis) Regulations 1999 M10 ;

(c) the Feeding Stuffs Regulations 2000 M11 ;

(d) the Genetically Modified Animal Feed (England) Regulations 2004 M12 ;

(e) the Food Hygiene (England) Regulations 2006 in so far as they apply in relation to feed;

(f) the Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (England) Regulations 2005 M13 ;

(g) the Feed (Hygiene and Enforcement) (England) Regulations 2005; and

(h) the Feeding Stuffs (England) Regulations 2005 M14 .

Marginal Citations

M9 1970 c. 40.

M10 S.I. 1999/1663, amended by 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, S.I. 2004/2688 and S.I. 2005/3281.

M11 S.I. 2000/2481, amended by S.I. 2001/541, S.I. 2001/3389, S.I. 2002/892, S.I. 2003/1026, S.I. 2003/1503, S.I. 2003/2912, S.I. 2004/1301 and S.I. 2004/2688.

M12 S.I. 2004/2334, amended by S.I. 2005/1265.

M13 S.I. 2005/1265.

M14 S.I. 2005/3281.

Regulation 2(1)

SCHEDULE 3 E+W DEFINITION OF RELEVANT FOOD LAW

“relevant food law” means —

(a) food law in so far as it applies in relation to food, except in so far as it involves —

(i) the regulation of residues of veterinary medicines and other substances under the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 M15 ,

(ii) the regulation of residues of pesticides under the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 M16 ,

(iii) the application of the rules laid down for the protection of designations of origin and geographical indications of agricultural products and foodstuffs in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs M17 as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded M18 ,

(iv) the application of the rules laid down for Community certificates of specific character which may be obtained for certain agricultural products and foodstuffs in Council Regulation (EEC) No. 2082/92 on certificates of specific character for agricultural products and foodstuffs M19 as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded,

(v) the regulation of organic products under the Organic Products (Imports from Third Countries) Regulations 2003 M20 and the Organic Products Regulations 2004 M21 ,

(vi) the regulation of beef labelling under the Beef Labelling (Enforcement) (England) Regulations 2000 M22 , and

(vii) the regulation of the import of and trade in products of animal origin —

(aa) under the Products of Animal Origin (Import and Export) Regulations 1996 M23 , with the exception of the execution and enforcement of regulation 3 thereof by the Agency, and

(bb) under the Products of Animal Origin (Third Country Imports) (England) (No. 4) Regulations 2004 M24 , with the exception of the execution and enforcement of regulation 5 thereof by the Agency;

(b) food law in so far as it applies in relation to materials and articles in contact with food except in so far as it involves the regulation of food contact materials under the Ceramic Ware (Safety) Regulations 1988 M25 ; and

(c) food law in so far as it involves the regulation of primary production and those associated operations listed in paragraph 1 of Part AI of Annex I to Regulation 852/2004 under the Food Hygiene (England) Regulations 2006.

Marginal Citations

M15 S.I. 1997/1729, amended by S.I. 2001/3590 and S.I. 2004/147.

M16 S.I. 1999/3483, amended by S.I. 2001/1113, S.I. 2001/2420, S.I. 2001/3834, S.I. 2002/1767, S.I. 2002/2723, 2003/661, 2003/2591, 2004/676, 2004/1393, 2004/2559, 2005/432 and 2005/1725.

M17 OJ No. L208, 24.7.92, p.1.

M18 OJ No. L236, 23.9.2003, p.346.

M19 OJ No. L208, 24.7.92, p.9.

M20 S.I. 2003/2821.

M21 S.I. 2004/1604, amended by S.I. 2005/2003.

M22 S.I. 2000/3047, amended by S.I. 2002/2315.

M23 S.I. 1996/3124, amended by S.I. 1997/3023, S.I. 1998/994, S.I. 1999/683, S.I. 2000/225, S.I. 2000/656, S.I. 2000/790, S.I. 2000/2215, S.I. 2001/1553, S.I. 2001/1640, S.I. 2001/3399, S.I. 2002/889, S.I. 2003/3003 and S.I. 2003/3177.

M24 S.I. 2004/3388.

M25 S.I. 1988/1647.

Regulation 3(1)

SCHEDULE 4 E+W COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FEED LAW

Column 1 Competent authority	Column 2 Provisions of Regulation 882/2004
The Agency	Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12, 19(1), (2) and (3), 24, 31(1) and (2)(f), 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54
The feed authority	Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 16(1) and (2), 18, 19(1) and (2), 20, 21, 22, 24, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54

Regulation 3(3)

SCHEDULE 5 E+W COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FOOD LAW

Column 1 Competent authority	Column 2 Provisions of Regulation 882/2004
The Agency	Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12, 14, 19(1), (2) and (3), 24, 31(1) and (2), 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54
The food authority	Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 16(1) and (2), 18, 19(1) and (2), 20, 21, 22, 24, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54