The Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (Wales) Regulations 2003

5.  In regulation 6 (application of methods of analysis) —

(a) for paragraph (1) there shall be substituted the following paragraph —

“(1) Subject to paragraphs (1A) and (2) below, to determine whether a substance of a kind listed in column 1 of Annex I to Part II of Schedule 2, or to which the method of analysis specified in Annex II or as the case may be Annex III to that Part relates, is present or active in a sample of —

(a) a feeding stuff to be analysed pursuant to the Act;

(b) (in the case of the substances vitamin A and vitamin E) a premixture to be analysed pursuant to Commission Directive 2000/45/EC establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryphophan in feeding stuffs M1 ; or

(c) (in the case of dioxins and dioxin-like PCBs) a feed material to be analysed pursuant to Directive 2002/70/EC,

and if it is what quantity or proportion of such substance is present or active in such a sample —

(d) the provisions specified in Part I of Schedule 2 under the heading “GENERAL PROVISIONS” shall apply;

(e) in relation to a substance of a class or description listed (whether by itself or by reference to its activity) in column 1 of Annex I to Part II of that Schedule, the relevant method of analysis set out in the Community provision listed in the corresponding entry in column 2 of that Annex shall be used; and

(f) in relation to a substance to which the method of analysis specified in Annex II or as the case may be Annex III to Part II of that Schedule relates, that method shall be used.”;

and

(b)

immediately after paragraph (1) there shall be inserted the following paragraph —

“(1A) Where more than one method of analysis is provided for in any of the Community provisions listed in column 2 of Annex I to Part II of Schedule 2 in relation to the same substance, the notes to that Annex shall have effect to specify which is the relevant method.”.

Marginal Citations

M1 OJ No. L174, 13.7.2000, p.32.