The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016

Publication Date:January 01, 2016
 
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2016No. 387 (W. 121)

AGRICULTURE, WALES

The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016

15March2016

17March2016

12May2016

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 66, 67, 74A, 79 and 84 of the Agriculture Act 1970( 1) and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972( 2).

The Welsh Ministers have been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to feed produced for or fed to food-producing animals( 3), measures in the veterinary and phytosanitary fields for the protection of public health( 4) and measures in relation to the common agricultural policy of the European Union( 5).

As set out above, these Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for a reference in these Regulations to an EU instrument mentioned in regulation 2(5) to be construed as a reference to that instrument and any Annex to it as may be amended from time to time.

There has been open and transparent public consultation during the preparation of these Regulations in accordance with the requirements of Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety( 6) or, in the case of provisions relating to feed for non food-producing animals, of section 84(1) of the Agriculture Act 1970.

PART 1

Introductory

Title, commencement and application

1.—(1) The title of these Regulations is the Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016.

(2) These Regulations come into force on 12 May 2016 and apply in relation to Wales.

Interpretation and scope

2.—(1) In these Regulations—

‘the Act’ (‘y Ddeddf’) means the Agriculture Act 1970;

‘the Agency’ (‘yr Asiantaeth’) means the Food Standards Agency;

‘analyst’ (‘dadansoddwr’) means an agricultural analyst or a deputy agricultural analyst;

‘authorised officer’ (‘swyddog awdurdodedig’) means a person (whether or not an officer of the enforcement authority) who is authorised by the enforcement authority, either generally or specially, to act in relation to matters arising under these Regulations;

‘enforcement authority’ (‘awdurdod gorfodi’) means the body identified as having a duty to enforce under regulation 21;

‘feed authority’ (‘awdurdod bwyd anifeiliaid’) means an authority identified in section 67(1) of the Act as having the duty to enforce Part IV of that Act within its area;

‘premises’ (‘mangre’) includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft;

‘prescribed manner’ (‘modd rhagnodedig’) means the manner prescribed by Regulation 152/2009;

‘Regulation 882/2004’ (‘Rheoliad 882/2004’) means Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules( 7);

‘Regulation 183/2005’ (‘Rheoliad 183/2005’) means Regulation (EC) No 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene( 8);

‘Regulation 152/2009’ (‘Rheoliad 152/2009’) means Commission Regulation (EC) No 152/2009 laying down the methods of sampling and analysis for the official control of feed( 9);

‘Regulation 767/2009’ (‘Rheoliad 767/2009’) means Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC( 10);

‘specified feed law’ (‘cyfraith bwyd anifeiliaid benodedig’) means the instruments specified in Schedule 1.

(2) Subject to paragraph (3), any other expression used in these Regulations and in Regulation 882/2004, Regulation 183/2005 or Regulation 152/2009 has the same meaning in these Regulations as it does in that Regulation.

(3) Where, apart from this paragraph, any period of less than seven days which is specified in these Regulations would include any day which is—

(a) a Saturday, a Sunday, Christmas Day or Good Friday; or

(b) a day which is a bank holiday under the Banking and Financial Dealings Act 1971,

that day is to be excluded from the period.

(4) In these Regulations ‘feed’ (‘bwyd anifeiliaid’) or ‘feeding stuff’ (‘porthiant’) does not include any of the following feed additives or premixtures consisting solely of such additives—

(a) coccidiostats;

(b) histomonostats; and

(c) all other zootechnical additives except—

(i) digestibility enhancers,

(ii) gut flora stabilisers, and

(iii) substances incorporated into feed with the intention of favourably affecting the environment.

(5) Any reference in these Regulations to Regulation 183/2005 or Regulation 152/2009 is a reference to that Regulation and any Annex to it as may be amended from time to time.

PART 2

Requirements for feed hygiene, registration and approval

Scope and interpretation of Part 2

3.—(1) This Part does not apply to the activities mentioned in Article 2(2) of Regulation 183/2005.

(2) Any reference in this Part or in Schedule 2 to a numbered Article or Annex is a reference to the Article or Annex so numbered in Regulation 183/2005.

Competent authorities

4.—(1) The competent authorities for the purposes of specified Articles are—

(a) in respect of Articles 9(1) and (3), 18(3), 20(2), 21(1) and 22(2)(b), the Agency and the enforcement authority;

(b) in respect of Articles 7, 9(2), 10, 13, 14, 15, 16, 17, 18(1), (2) and (4) and 19(2), the enforcement authority; and

(c) in respect of Article 19(1), the Agency.

(2) The competent authorities for the purposes of the section headed ‘Dioxin Monitoring for Oils, Fats and Derived Products’ in Annex II are—

(a) in respect of paragraph 2(e), the enforcement authority; and

(b) in respect of paragraph 7, the enforcement authority and the Agency.

Enforcement of specified provisions of Regulation 183/2005

5. A person who contravenes or fails to comply with any of the provisions of Regulation 183/2005 specified in the first column of Table 1 or Table 2 of Schedule 2 commits an offence.

Form of notification with a view to registration

6. A person who is required under Article 9 (official controls, notification and registration) to notify the enforcement authority of the information mentioned in paragraph (2)(a) or (b) of that Article must ensure that any such notification—

(a) is in writing and signed by that person or on their behalf;

(b) contains that person's name and, if different, that person's business name;

(c) contains that person's address and, if different, the address of any establishment to which the notification relates;

(d) identifies the feed business activities in such form as may be required by the enforcement authority; and

(e) is properly directed to the enforcement authority for the area in which the establishment to which the notification relates is situated.

Form of application for approval

7. Where approval of a feed business establishment is required pursuant to Article 10, an application to the enforcement authority for the area in which the establishment is located must be made which—

(a) is in writing and signed by or on behalf of the applicant;

(b) contains the name or business name and the address of the applicant and, if different, the address of the establishment;

(c) identifies which of the feed business activities specified in Article 10(1) or as may be specified pursuant to Article 10(3) the applicant is exercising or intends to exercise and for which approval is sought;

(d) in the case of a person to whom Article 17(2) (exemption from on-site visits) applies, includes a statement to the effect that the establishment is one to which Article 17(1) applies and a declaration of compliance as required by paragraph (2) of that Article; and

(e) is properly directed to the enforcement authority for the area in which the establishment to which the declaration relates is situated.

Procedure for suspension of registration or approval

8.—(1) Where an enforcement authority proposes to take action pursuant to Article 14 (temporary suspension of registration or approval) it must serve on the feed business operator a notice in accordance with paragraph (2).

(2) A notice served under paragraph (1) must—

(a) specify the operative date of the notice (‘the operative date’);

(b) state that on the operative date the enforcement authority intends to suspend the registration or approval of the establishment pursuant to Article 14 and these Regulations;

(c) specify the feed business activity or activities to which the notice relates;

(d) identify the remedial action required;

(e) state that unless remedial action has been carried out to the satisfaction of the enforcement authority within one year of the operative date, the registration or approval will be revoked without further notice on the first anniversary of the operative date; and

(f) provide information on the time limit for appealing under regulation 12.

Procedure for lifting of suspension

9. Where the enforcement authority that has served notice on a feed business operator under regulation 8 is satisfied that—

(a) the remedial action required under paragraph (2)(e) of that regulation has been carried out; and

(b) the period for action specified in that paragraph has not expired,

it must immediately lift the suspension and notify the feed business operator to that effect.

Procedure for the revocation of registration or approval

10.—(1) Where an...

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