Fertilisers and Feeding Stuffs (Amendment) Regulations 1976
| Jurisdiction | UK Non-devolved |
1976 No. 840
AGRICULTURE
The Fertilisers and Feeding Stuffs (Amendment) Regulations 197627thMay 1976
10thJune 1976
1stJuly 1976Regulation 31stAugust 1976Regulations 2(3), (7), (10), (11), (12), (13), (14), (15), (17) and (19)Regulations 2(3), (7), (10), (11), (12), (13), (14), (15), (17) and (19)1stOctober 1976
The Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly, in exercise of the powers conferred on them by sections 66(1), 67(5), 68, 69(1), 69(3), 70(1), 74, 74A (inserted by section 4(1) of, and paragraph 6 of Schedule 4 to, the European Communities Act 1972(a)), 75(1), 76(1), 77(1), (2) and (4) and 84 of the Agriculture Act 1970(b) and of all other powers enabling them in that behalf, hereby make the following regulations after consultation with such persons or organisations as appear to them to represent the interests concerned:—
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Fertilisers and Feeding Stuffs (Amendment) Regulations 1976, and shall come into operation as respects regulations 2(1), (2), (4), (5), (6), (8), (9), (16) and (18) on 1st July 1976, as respects regulation 3 on 1st August 1976 and as respects regulations 2(3), (7), (10), (11), (12), (13), (14), (15), (17) and (19) on 1st October 1976.
(2) In these regulations, unless the context otherwise requires—
"the Act" means the Agriculture Act 1970, as amended by section 4(1) of, and paragraph 6 of Schedule 4 to, the European Communities Act 1972;
"the principal regulations" means the Fertilisers and Feeding Stuffs Regulations 1973(c).
(3) Any reference in these regulations to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in the Act.
(4) The Interpretation Act 1889(d) shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
Amendment of the principal regulations
2.—(1) Regulation 3(2) shall be amended by substituting the word "in" for the words "which is packed in bags, sacks or".
(a) 1972 c. 68.
(b) 1970 c. 40.
(c) S.I. 1973/1521 (1973 II, p. 4604).
(d) 1889 c. 63.
(2) The following regulation shall be substituted for regulation 5:—
"5. The prescribed qualifications for an agricultural analyst or a deputy agricultural analyst for the purposes of section 67(5) are that he shall be a Chartered Chemist, being a Fellow or a Member of the Royal Institute of Chemistry, and that his practical experience of chemical analysis and microscopy, as applied to fertilisers and feeding stuffs, shall be attested by another agricultural analyst or deputy agricultural analyst appointed under section 67(3) of the Act or in accordance with section 11 of the Fertilisers and Feeding Stuffs Act 1926(a)."
(3) The following regulation shall be substituted for regulation 7:—
"7.—(1) No person shall sell or have in possession with a view to sale—
(a) for use as a feeding stuff or use as a feeding stuff or import into Great Britain for such use any material containing any added antioxidant, colourant, emulsifier, stabiliser, binder, vitamin D2 or D3, copper, any added substance of a description specified in the first column of Part V of the table in Schedule 3 or, any added substance of a description specified in the first column of Part VI of the table in Schedule 3, unless, in each case, the material complies with the provisions of that Schedule as respects content and, where appropriate, marking and it shall be an offence if a sampled portion of any such material does not comply with the provisions of the said Schedule 3 as respects content;
(b) to any keeper or breeder of any kind of animal specified in regulation 2, for use as a feeding stuff, any substance specified in the first column of the table in Schedule 3A comprised in a feeding stuff corresponding thereto in the second column thereof in excess of the quantity specified in relation thereto in the third column of the said Schedule:
Provided that where a feeding stuff is not specified in the second column in relation to a substance specified in the first column that feeding stuff, having regard to the quantity and nature of other feeding stuffs commonly used in compiling the daily feed intake of the animal for which the feed is intended, shall not contain more than the levels specified for whole feeding stuffs and it shall be an offence if a sampled portion of any such feeding stuff does not comply with the provisions of Schedule 3A as regards content.
(2) The provisions of paragraph (1) of this regulation shall not apply to any substance referred to in sub-paragraph (a) thereof or to any substance of a description referred to in sub-paragraph (b) thereof, which is—
(a) for use only in accordance with a prescription given by a veterinary surgeon or veterinary practitioner for the treatment of a particular animal or animals under his care;
(b) a medicinal product or for use for a medicinal purpose in a feeding stuff;
(c) for use only for the purpose of scientific research or experiment and is not generally available for sale, purchase or use in a feeding stuff;
(d) intended for exportation to any place outside the United Kingdom and is clearly marked or labelled to that effect.
(a) 1926 c. 45.
In this regulation and in Part II of Schedule 2 the expressions "a medicinal product" and "a medicinal purpose" have the meanings assigned to them by section 130(1) and (2) respectively of the Medicines Act 1968(a).
(3) No person shall use as a feeding stuff or import into Great Britain for such use any material containing any added substance, not being a substance of a name or description specified in the table in Schedule 3 or in sub-paragraphs 2(f) or (g) of that Schedule, which is deleterious either to animals of any description specified in regulation 2 or to human beings, and it shall be an offence if a sampled portion of any such material is shown by an analysis of the sample taken from it to contain an added substance which is deleterious as aforesaid.
(4) In relation to any material to which this regulation, Schedule 3 or Schedule 3A applies the operation of the provisions of sections 66(2), 73(1), 80(2) and 82 shall be modified as follows:—
(a) section 66(2) shall have effect as if—
(i) the words "imported or" were inserted immediately before the word "sold" in both places where that word appears, and
(ii) the words "or as so used" were inserted immediately after the words "feeding stuff", and
(iii) the words "or is so used" were inserted immediately after the words "to be so used".
(b) section 73(1) shall have effect as if there were added at the end of that subsection the words "or to human beings".
(c) sections 80(2) and 82 shall apply in relation to proceedings for an offence under this regulation and section 74A(3) as they apply respectively to proceedings for an offence under any of the provisions mentioned in them."
(4) Regulation 9 shall be amended by substituting the word "in" for the words "packed in bags, sacks or" in paragraph (c) thereof.
(5) Regulation 11 shall be amended by substituting the word "in" for the words "packed in bags, sacks or" in paragraph (c) thereof.
(6) Regulation 12 shall be amended:—
(a) by substituting the word "in" for the words "packed in bags, sacks or" in paragraph 1(c) thereof;
(b) by deleting paragraph (3) thereof.
(7) The following regulation shall be substituted for regulation 15:—
"15. In respect of substances for which methods of analysis are specified in Schedules 6 and 7, the methods by which analyses of fertilisers and feeding stuffs respectively shall be made for the purpose of the Act shall be those set out in the said Schedules."
(8) Regulation 17 shall be amended by substituting for the words "recorded delivery service" the words "recorded delivery service or by hand".
(a) 1968 c. 67.
(9) Schedule 1 to the principal regulations shall be amended:—
(a) by substituting for paragraph 1 of Part I thereof the following paragraph:—
"1. In the case of material in packages or containers, only unopened packages or containers which appear to the inspector proposing to take the sample to be the original packages or containers of the material shall be selected for the purpose of the sample.";
(b) by substituting for paragraph 4 of Part I thereof the following paragraph:—
"4. In every case the sampling shall be carried out in a manner which will protect the sample from contamination and shall be done as quickly as is possible, consistent with due care, and the material shall not be exposed any longer than is necessary.";
(c) by deleting the words "bottles or" in paragraph 8(a) of Part I thereof, wherever those words appear;
(d) by deleting the words "drums, kegs or other" in paragraph 8(b) of Part I thereof;
(e) by deleting the words "on a clean dry surface" in paragraph 1(a)(i) of Part II thereof;
(f) by inserting after the words "continue the quartering and rejection" in the last sub-paragraph of paragraph 1(a) of Part II thereof, the words "if necessary";
(g) by substituting for paragraph 2(a) of Part II thereof the following sub-paragraph:—
"(a) In packages
(i) The packages, selected according to the appropriate scale in paragraph 1(a), shall be emptied separately and worked up with a shovel and one shovelful taken from each; and
(ii) The shovelfuls so taken shall be crushed immediately and the whole passed through a sieve with meshes one and a quarter inch square. It shall be mixed thoroughly and rapidly and a sample of about 4lb. to 6lb. in weight drawn in the manner described in paragraph 1(a).";
(h) by substituting for the number and letter "1(a)" in paragraph 2(b) of Part II thereof the numbers and letter "2(a)(ii)";
(i) by substituting for the words "on a clean dry surface and the matted portions torn up" in the first sentence of paragraph 3(a) of Part II thereof, the words "and the matted portions torn up...
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