The Feeding Stuffs (Amendment) (Wales) Regulations 2002

Welsh Statutory Instruments

2002 No. 1797 (W.172)

AGRICULTURE, WALES

The Feeding Stuffs (Amendment) (Wales) Regulations 2002

Made

9th July 2002

Coming into force

5th August 2002

The National Assembly for Wales, acting in exercise of the powers conferred by sections 66(1), 68(1) and (1A), 69(1), 74A, 75(1), 76(1), 77(4), 78(6), 79(1) and 84 of the Agriculture Act 1970M1 and now exercisable by it in relation to WalesM2 , after consultation as required by section 84(1) of that Act with the persons or organisations appearing to represent the interests concernedM3 , and having been designatedM4 for the purposes of section 2(2) of the European Communities Act 1972M5 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred by the said section 2(2) (in so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above), makes the following Regulations:

Marginal Citations

M1 1970 c. 40.

M2 By virtue of the National Assembly for Wales (Transfer of Functions) 1999 (S.I. No. 1999/672).

M3 The requirement to consult must now be read in conjunction with Article 9 of Regulation (EC) No. 178/2002 (OJ No. L31, 1.2.2002, p.1).

M4 S.I. 1999/2788.

M5 1972 c. 68. The enabling powers conferred by section 2(2) were extended by virtue of section 1 of the European Economic Area Act 1993 (1993 c. 51).

Title, commencement and extent E+W

1.  These Regulations may be cited as the Feeding Stuffs (Amendment) (Wales) Regulations 2002, shall come into force on 5th August 2002 and shall apply to Wales only.

Amendment of the Feeding Stuffs (Wales) Regulations 2001 E+W

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked in so far as they amend the 2001 Regulations (25.1.2006) by The Feeding Stuffs (Wales) Regulations 2006 (S.I. 2006/116), Sch. 9

F1 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked in so far as they amend the 2001 Regulations (25.1.2006) by The Feeding Stuffs (Wales) Regulations 2006 (S.I. 2006/116), Sch. 9

F1 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked in so far as they amend the 2001 Regulations (25.1.2006) by The Feeding Stuffs (Wales) Regulations 2006 (S.I. 2006/116), Sch. 9

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

Textual Amendments

F1 Regulations revoked in so far as they amend the 2001 Regulations (25.1.2006) by The Feeding Stuffs (Wales) Regulations 2006 (S.I. 2006/116), Sch. 9

F1 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked in so far as they amend the 2001 Regulations (25.1.2006) by The Feeding Stuffs (Wales) Regulations 2006 (S.I. 2006/116), Sch. 9

F1 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked in so far as they amend the 2001 Regulations (25.1.2006) by The Feeding Stuffs (Wales) Regulations 2006 (S.I. 2006/116), Sch. 9

F1 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked in so far as they amend the 2001 Regulations (25.1.2006) by The Feeding Stuffs (Wales) Regulations 2006 (S.I. 2006/116), Sch. 9

F1 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked in so far as they amend the 2001 Regulations (25.1.2006) by The Feeding Stuffs (Wales) Regulations 2006 (S.I. 2006/116), Sch. 9

F1 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked in so far as they amend the 2001 Regulations (25.1.2006) by The Feeding Stuffs (Wales) Regulations 2006 (S.I. 2006/116), Sch. 9

Amendment of the Feeding Stuffs (Sampling and Analysis) Regulations 1999 E+W

11.  The Feeding Stuffs (Sampling and Analysis) Regulations 1999 M6 shall be amended in so far as they apply to Wales as follows—

(a) in Part II of Schedule 1 (manner of taking, preparing, marking, sealing and fastening of samples), in paragraph 5(1), for the expression “section 76(1)(b) of the Act” there shall be inserted the expression “ section 76(7) of the Act as that section is modified by regulation 10 of the Feeding Stuffs (Enforcement) Regulations 1999 M7 as amended ”;

(b) in Part I of Schedule 2 (methods of analysis), at the end of paragraph 3(e)(ii), for the expression “Schedule 5 to the Feeding Stuffs Regulations 1995” there shall be substituted the expression “Schedule 7 to the Feeding Stuffs (Wales) Regulations 2001 as amended by the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001 M8 and the Feeding Stuffs (Amendment) (Wales) Regulations 2002; and

(c) in Part II of Schedule 3 (form of certificate of analysis), in note 11(a), for the expression “the Feeding Stuffs Regulations 1995” there shall be substituted the expression “ the Feeding Stuffs (Wales) Regulations 2001 as amended by the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001 and the Feeding Stuffs (Amendment) (Wales) Regulations 2002 ”.

Marginal Citations

M6 S.I. 1999/1663 (to which there are amendments not relevant to these Regulations).

M7 S.I. 1999/2325. The relevant amending instruments are S.I. 2001/2253 (W.163) and S.I. 2001/3461 (W.280).

M8 S.I. 2001/3461 (W.280).

Amendment of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 E+W

F2 12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Regs. 12, 13 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2

Amendment of the Feeding Stuffs (Enforcement) Regulations 1999 E+W

F2 13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Regs. 12, 13 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2

M9 Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998

John Marek

The Deputy Presiding Officer of the National Assembly

Marginal Citations

M9 1998 c.38.

Regulation 7

F1 SCHEDULE 1 E+W PROVISIONS SUBSTITUTED FOR PART IX OF THE TABLE TO SCHEDULE 3 TO THE PRINCIPAL REGULATIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 8

F1 SCHEDULE 2 E+W PROVISIONS SUBSTITUTED IN PARTS I AND II OF SCHEDULE 7 TO THE PRINCIPAL REGULATIONS

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 10

F1 SCHEDULE 3 E+W PROVISIONS SUBSTITUTED IN SCHEDULE 9 TO THE PRINCIPAL REGULATIONS

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend for the third time the Feeding Stuffs Regulations (Wales) 2001 (S.I. 2001/343 (W.15), “the principal Regulations”). E+W

2.  These Regulations apply to Wales only. The Feeding Stuffs (Amendment) Regulations 2002 (S.I. 2002/892, “the England and Wales Regulations”), which implement the same changes in England as are made in respect of Wales by these Regulations, contain two provisions which also apply to Wales and Northern Ireland. Regulation 3 of the England and Wales Regulations applies to England, Wales and Northern Ireland in so far as it relates to regulation 11 (as amended by the England and Wales Regulations) or 12 of the principal Regulations. Regulation 5 of the England and Wales Regulations also applies to England, Wales and Northern Ireland. E+W

3.  These Regulations implement— E+W

(a)  Commission Directive 2001/79/EC amending Council Directive 87/153/EEC fixing guidelines for the assessment of additives in animal nutrition (OJ No. L267, 6.10.2001, p.1); E+W

(b)  Council Directive 2001/102/EC amending Directive 1999/29/EC on the undesirable substances and products in animal nutrition (OJ No. L6, 10.1.2002, p.45); and E+W

(c)  Commission Directive 2002/1/EC amending Directive 94/39/EC as regards animal feedingstuffs for the support of liver function in case of chronic liver insufficiency. E+W

4.  These Regulations also provide for the enforcement of the following Regulations— E+W

(a)  Commission Regulation (EC) No. 2013/2001 concerning the provisional authorisation of a new additive use and the permanent authorisation of an additive in feedingstuffs (OJ No. L272, 13.10.2001, p.24); E+W

(b)  Commission Regulation (EC) No. 2200/2001 concerning provisional authorisation of additives in feedingstuffs (OJ No. L299, 15.11.2001, p.1); and E+W

(c)  Commission Regulation (EC) No. 256/2002 concerning the provisional authorisation of an additive and the permanent authorisation of an additive in feedingstuffs (OJ No. L41, 13.2.2002, p.6). E+W

5.  These Regulations— E+W

(a)  modify the provisions of the principal Regulations which provide for the enforcement of the provisions of those Regulations which are made under the European Communities Act 1972 (regulation 5); E+W

(b)  add three new Commission Regulations to the list of Commission Regulations under which authorisation for the marketing of feed additives has been granted which is contained in Schedule 3 to the principal Regulations (regulation 7 and Schedule 1); E+W

(c)  modify the controls in the principal Regulations regulating the presence of undesirable substances in animal feed by specifying new maximum levels for Dioxin in feed (regulation 8 and Schedule 2); E+W

(d)  modify the provisions of the principal Regulations regulating dietetic feeds as regards the required nutritional characteristics and labelling of feeds intended for the support of liver function in case of chronic liver insufficiency in dogs or cats (regulation 10 and Schedule 3); E+W

(e)  make amendments to the principal Regulations to correct minor errors in them (regulations 4 and 9); and E+W

(f)  make consequential amendments to those Regulations and to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 (S.I.1999/1663), the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 (S.I. 1999/1872) and the Feeding Stuffs (Enforcement) Regulations 1999 (S.I. 1999/2325) (regulations 3, 6 and 11 to 13). E+W

(g)  Note also the effect of the England and Wales Regulations referred to in paragraph 2 above, which modify the provisions of the principal Regulations which specify the procedure to be followed in relation to the assessment of feed additives for which marketing authorisation has been sought and as regards applications for such authorisation (regulations 3 and 5 of the England and Wales Regulations). E+W

6.  A regulatory appraisal has been prepared in respect of these Regulations and a copy placed in the library of the National Assembly for Wales, together with a transposition note setting out how the main elements of the Directives referred to in paragraph 3 above are transposed into domestic law by these Regulations. Copies may be obtained on request from the Food Standards Agency (Wales), 1st Floor, Southgate House, Wood Street, Cardiff CF10 1EW. E+W