(This note is not part of the Regulations)
1. These Regulations which apply in relation to Wales—
(a)revoke with certain exceptions, the provisions of the Feeding Stuffs (Wales) Regulations 2001 (as last amended by S.I. 2004/3091 (W.265), (“the 2001 Regulations”)) (regulation 7);
(b)re-enact with or without amendments, the majority of the provisions of the 2001 Regulations; and
(c)introduce new provisions to enforce and administer Regulation (EC) No. 1831/2003 on additives for use in animal nutrition.
2. The Regulations provide for the implementation of the European Community Directives listed at paragraph 12 below.
3. The Regulations apply to farmed creatures and pet animals and in regulation 14 also to animals living freely in the wild.
4. The Regulations preserve the modifications made to the Agriculture Act 1970 (“the Act”) by regulations 18 and 19 of the 2001 Regulations (regulations 3 and 4).
5. For the purposes of sections 68(1) and 69(1) of the Act, any material useable as a feeding stuff, additive or premixture is prescribed material (regulation 5). Under those sections, sellers of prescribed materials are required to give to purchasers “statutory statements” (“datganiadau statudol”) covering the composition of the material and information on storage, handling and use. Material held for sale must be marked with such information.
6. The content of the statutory statement and other declarations are prescribed by regulation 8 and Schedule 3 and their form by regulation 9. (The labelling of additives and premixtures not mixed with feeding stuffs is now regulated directly by Regulation (EC) No. 1831/2003).
7. Further provisions relating to statutory statements regarding permitted limits of inaccuracies are contained in regulation 10 and Schedule 4.
8. These Regulations also—
(a)provide attribution of meanings to the names of certain materials for the purposes of section 70 of the Act (which creates an implicit warranty that material described by a name to which a meaning has been assigned under that section accords with the meaning) (regulation 11);
(b)prescribe the way in which compound feeds may be sealed and packaged (regulation 12);
(c)regulate the way in which feed materials may be put into circulation or used (regulation 13 and Schedule 2);
(d)restrict the putting into circulation or use of feeding stuffs containing specified undesirable substances (regulation 14 and Schedule 5);
(e)prohibit the putting into circulation or use of any feeding stuff containing certain prescribed substances (regulation 15);
(f)restrict the marketing and use of certain protein sources and non-protein nitrogenous compounds in feeds (regulation 16 and Schedule 6);
(g)regulate the iron content of milk replacer feeds (regulation 17);
(h)prohibit the putting into circulation of compound feeding stuffs in which the amount of ash insoluble in hydrochloric acid exceeds specified levels (regulation 18);
(i)control the marketing of feeds intended for particular nutritional purposes (dietetics) (regulation 19 and Schedule 7);
(j)provide enforcement and transitional measures for Regulation (EC) No. 1831/2003 on additives for use in animal nutrition. (This EC Regulation replaces Directive 70/524/EEC as amended but preserves some of its provisions with regard to additives already authorised and to the labelling and packaging of feeding stuffs containing additives) (regulation 20);
(k)maintain the duty of confidentiality on those who had access to commercially sensitive information under the authorisation system that existed under Directive 70/524/EEC.
9. These Regulations provide for the enforcement of requirements where the legal basis is the European Communities Act 1972 by linking such requirements to enforcement provisions in the Act (regulation 22).
10. The Regulations modify section 74A of the Act and provide for offences and penalties in relation to matters covered by the Regulations that would not otherwise come within that section (regulation 23).
11. The Regulations amend in relation to Wales, the Feeding Stuffs (Sampling and Analysis) Regulations 1999 in the same way as that expressed as a modification in the 2001 Regulations, and also make consequential amendments to the 1999 Regulations mentioned above (regulation 24).
12. The EC Directives implemented by these Regulations are—
(a)Council Directive 70/524/EEC (OJ No. L270, 14.12.70, p.1) concerning additives in feeding stuffs, (to the extent that its measures are preserved by Regulation (EC) No. 1831/2003), as last amended by Council Regulation (EC) No. 1756/2002 (OJ No. L265, 3.10.2002, p.1);
(b)Council Directive 79/373/EEC (OJ No. L86, 6.4.79, p.30) on the circulation of compound feeding stuffs, as last amended by Council Regulation (EC) No. 807/2003 (OJ No. L122, 16.5.2003, p.36);
(c)Council Directive 82/471/EEC (OJ No. L213, 21.7.82, p.8) concerning certain products used in animal nutrition, as last amended with effect from 18.10.2004 by Regulation (EC) No. 1831/2003;
(d)Council Directive 93/74/EEC (OJ No. L237, 22.9.93, p.23) on feeding stuffs intended for particular nutritional purposes, as last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p.1);
(e)Commission Directive 94/39/EC (OJ No. L207, 10.8.94, p.20) establishing a list of intended uses of animal feeding stuffs for particular nutritional purposes;
(f)Council Directive 96/25/EC (OJ No. L125, 23.5.96, p.35) on the circulation and use of feed materials, as last amended by Council Regulation (EC) No. 806/2003;
(g)Directive 2002/32/EC of the European Parliament and of the Council (OJ No. L140, 30.5.2002, p.10) on undesirable substances in animal feed, as last amended by Commission Directive 2003/100/EC (OJ No. L285, 1.11.2003, p.33).
13. A Regulatory Appraisal of the effect these Regulations have on business costs has been prepared pursuant to section 65 of the Government of Wales Act 1998 and placed in the Library of National Assembly for Wales. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Cardiff, CF10 1EW.