The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019

Interpretation E+W

2.—(1) In these Regulations—

“the Agency” means the Food Standards Agency;

“audit” means an audit of a competent authority carried out for the purposes of Article 6 of the EU Regulation in relation to relevant legislation;

“auditor” means a person carrying out an audit on behalf of a competent authority;

“designated authority” means an authority designated by the Secretary of State under regulation 3;

“the EU Official Controls Regulations” means the EU Regulation and the Implementing Regulations [F1 , Delegated Regulations and statutory instruments made under it] made under it;

“the EU Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council of 15th March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products M1 ;

“enforcement officer” means an officer authorised by the Secretary of State or a designated authority to enforce the EU Official Controls Regulations and these Regulations;

“the Feed and Food Regulations” means the Official Feed and Food Controls (England) Regulations 2009 M2 ;

“food authority”, in relation to any relevant legislation, has the same meaning as it has in that relevant legislation;

“inspector”, in relation to any relevant legislation, means an inspector, veterinary inspector, or other officer authorised by the Secretary of State or other designated authority to act under that relevant legislation;

“local authority” means—

(a)

in England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b)

in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M3 ;

(c)

in Northern Ireland, a district council within the meaning of the Interpretation Act (Northern Ireland) 1954 M4 ; and

(d)

in Wales, a county council or county borough council;

“official auxiliary” means a representative of the Secretary of State appropriately trained and acting under the responsibility or supervision of an official veterinarian to perform certain official controls or certain tasks related to other official activities;

“official controls” means the activities referred to in Article 2(1) other than those listed in Article 1(4);

“official veterinarian” means a veterinarian appointed by the Secretary of State and appropriately qualified to carry out official controls and other official activities for the verification of compliance with the rules referred to in Article 1(2);

“other official activities” means has the meaning given by Article 2(2);

“premises” includes any means of transport;

“relevant legislation” means [F2 , in Northern Ireland, European and domestic legislation, and in Great Britain, retained direct EU legislation and domestic legislation] legislation governing the areas listed in [F3 sub-paragraphs (a) to (f)], (i) and (j) of Article 1(2), with the exception of food and food safety, feed and feed safety legislation in so far as—

(a)

such legislation is defined as “relevant feed law” or “relevant food law” in the Feed and Food Regulations;

(b)

such legislation involves substances the use or presence of which on crops to produce or process food or feed may result in residues of those substances in food or feed; or

(c)

it relates to feed additives or medicated feedingstuffs.

(2) In the definition of “relevant legislation” in paragraph (1)—

(a) “medicated feedingstuffs” means any mixture of feed with a veterinary medicinal product having properties for treating or preventing disease, restoring, correcting or modifying physiological functions in animals, or products and feed or feeds which are ready-prepared for marketing and intended to be fed to animals without further processing; and

(b) “zootechnical additives” means feed additives in the categories mentioned in Article 6.1(d) and (e) of Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition M5 , with the exception of those belonging to the functional groups listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation.

(3) Unless otherwise provided in this regulation, terms used in these Regulations have the same meaning as they have in the EU Regulation.

(4) Unless the context otherwise requires, any reference in these Regulations to an “Article” or Title is to an Article or Title of the EU Regulation.

Textual Amendments

F1 Words in reg. 2(1) substituted (sic.) (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 5(3)(a)

F2 Words in reg. 2(1) substituted (sic.) (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 5(3)(b)

F3 Words in reg. 2(1) substituted (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), regs. 1, 55

Commencement Information

I1 Reg. 2 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M1 OJ No. L 95, 7.4.2017, p.1, amended by Commission Delegated Regulation (EU) 2019/478 (OJ No. L 82, 25.3.2019, p.4).

M2 S.I. 2009/3255, amended by S.I. 2011/136 and 1043, 2013/264 and 2996, 2014/2748, 2015/255 and 454, 2018/731 and 1275, 2019/683 and 1476, and (prospectively) by 2019/665.

M3 1994 c. 39 – see section 44.

M4 1954 c. 33.

M5 OJ No. L 268, 18.10.2003, p.29, last amended by Regulation (EU) 2019/1381 (OJ No. L231, 6.9.2019, p.1).