The Feed (Sampling and Analysis and Specified Undesirable Substances) (England) Regulations 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/2280 |
| Year | 2010 |
2010 No. 2280
Agriculture, England
The Feed (Sampling and Analysis and Specified Undesirable Substances) (England) Regulations 2010
Made 7th September 2010
Laid before Parliament 20th September 2010
Coming into force 11th October 2010
The Secretary of State makes the following Regulations in exercise of the powers conferred on him by sections 66(1), 67(5), 74A, 79(9) and 84 of the Agriculture Act 19701, as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 20002.
In so far as these Regulations cannot be made under the powers contained in the Agriculture Act 1970, the Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19723.
He has been designated for the purposes of section 2(2) in relation to measures in the veterinary and phytosanitary fields for the protection of public health4, the common agricultural policy of the European Union5and measures relating to feed produced for or fed to food-producing animals6.
There has been consultation during the preparation of these Regulations in accordance with the requirements of section 84(1) of the Agriculture Act 1970 or, as appropriate, of Article 9 of Regulation (EC) No. 178/2002of 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 safety7.
PART 1
General and introductory
Title, application and commencement
1. These Regulations may be cited as the Feed (Sampling and Analysis and Specified Undesirable Substances) (England) Regulations 2010, apply in relation to England only and come into force on 11th October 2010.
Interpretation
2.—(1) In these Regulations —
“the Act” means the Agriculture Act 1970;
“Regulation 152/2009” means Commission Regulation (EC) No.152/2009 laying down the methods of sampling and analysis for the official control of feed8;
“the Feed Hygiene Regulations” means the Feed (Hygiene and Enforcement) (England) Regulations 20059;
“the GM Feed Regulations” means the Genetically Modified Animal Feed (England) Regulations 200410; and
“analyst” means an agricultural analyst or deputy agricultural analyst.
(2) Any expression used in these Regulations and Regulation 152/2009 has the meaning that it bears in Regulation 152/2009.
(3) Any reference to a numbered section is a reference to the section so numbered in the Act as modified by these Regulations.
Prescribed metric substitution
3. For the purposes of its application to feeding stuffs, the Act shall be read as if —
(a) in section 68(2)(b) the words “to sales in quantities of not more than 25 kilograms” were substituted for the words “to sales of small quantities (that is to say, sales in quantities of not more than fifty six pounds or the prescribed metric substitution)”; and
(b) in section 76(5) the words “six kilograms” were substituted for the words “fourteen pounds or the prescribed metric substitution”.
PART 2
Miscellaneous requirements relating to sampling and analysis
Methods of sending a final sample
4. Any final sample required to be sent to any person pursuant to —
(a) paragraph 8 of Annex I to Regulation 152/2009;
(b) section 77(1) or (2);
(c) section 78(1)(a), (2) or (4);
(d) regulation 30(1), (2) or (5) or 31(2) of the Feed Hygiene Regulations; or
(e) regulation 6(2)(b) or (c) of the GM Feed Regulations,
may be sent by any appropriate method or delivered by hand.
Qualifications of analysts
5. The prescribed qualifications for an analyst for the purposes of section 67(5) in so far is it relates to feeding stuffs and the required qualifications for a person analysing feed for the purposes of the GM Feed Regulations are that —
(a) the analyst must —
(i) be a Chartered Chemist or possess a Mastership in Chemical Analysis awarded by the Royal Society of Chemistry, and
(ii) be a Fellow or Member of the Royal Society of Chemistry; and
(b) the analyst’s practical experience of the examination of feed must be attested by another analyst appointed under section 67(3).
Analysis other than in the course of official controls
6.—(1) Where a sample of feed is to be analysed pursuant to —
(a)
(a) section 75(1) (sample analysed at the request of the purchaser); or
(b)
(b) section 78(1) (further analysis by Government Chemist) in so far as that subsection does not relate to official controls,
the method of analysis shall be the appropriate one, if any, set out in Regulation 152/2009.
(2) In cases where there is no appropriate method of analysis in Regulation 152/2009, the analysis shall be carried out in the manner referred to in Article 11(1)(a) or, as appropriate, (b) of Regulation (EC) No.882/2004 of the European Parliament and of the Council on official controls performed to ensure verification of compliance with feed and food law, animal health and animal welfare rules11as read with Commission Regulation (EC) No. 669/2009implementing Regulation (EC) No.882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC12.
Form of certificate of analysis
7. The certificate of analysis of any feed to be sent pursuant to —
(a) section 77(4);
(b) regulation 30(4) or 31(3) of the Feed Hygiene Regulations; or
(c) regulation 6(2)(b) of the GM Feed Regulations,
must be in the form set out in Schedule 1 and must be completed in accordance with the notes to that Schedule.
PART 3
Amendment and modification of other legislation with regard to sampling and analysis
Amendment or modification of the Act
8. The Act is amended or as the case may be modified in accordance with regulations 9 to 20.
9. In section 66(1) (interpretation of Part IV), insert at the appropriate place the following definitions —
““final sample” has the meaning that it bears in Annex I to Regulation 152/2009;”;
““Regulation 152/2009” means Commission Regulation (EC) No. 152/2009laying down the methods of sampling and analysis for the official control of feed;”.
10. Section 68 (duty of seller to give statutory statement) in so far as it applies in relation to feeding stuffs shall apply as if —
(a) in subsection (4)(b) “final sample” were substituted for “sampled portion”; and
(b) in subsection (5) —
(i) “final sample” were substituted for “sample taken from the portion in question”, and
(ii) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”.
11. Section 69 (marking of material prepared for sale) in so far as it applies in relation to feeding stuffs shall apply as if —
(a) in subsection (4)(c) “final sample” were substituted for “sampled portion”; and
(b) in subsection (5) “final sample in question” were substituted for “sample taken from the portion in question”.
12. Section 70 (use of names or expressions with prescribed meanings) in so far as it applies in relation to feeding stuffs shall apply as if —
(a) in subsection (2) “final sample” were substituted for “sampled portion”; and
(b) in subsection (4) —
(i) “final sample” were substituted for “sampled portion”, and
(ii) “that sample” were substituted for “the sample taken from that portion”.
13. Section 71 (particulars to be given of certain attributes if claimed to be present) in so far as it applies in relation to feeding stuffs shall apply as if —
(a) in subsection (2)(b) “final sample” were substituted for “sampled portion”; and
(b) in subsection (3) —
(i) “final sample” were substituted for “sampled portion”, and
(ii) “that sample” were substituted for “the sample taken from that portion”.
14. In section 73 (deleterious ingredients in feeding stuff) —
(a) in subsection (1) —
(i) for “sampled portion” substitute “final sample”, and
(ii) omit “the sample taken from”; and
(b) in subsections (2)(a) and (b), (2A) and (3)(b) in each case for “sampled portion” substitute “final sample”.
15. In section 73A —
(a) in subsection (1) —
(i) for “sampled portion” substitute “final sample”, and
(ii) omit “the sample taken from”; and
(b) in subsections (2)(a) and (b) and (3) in each case for “sampled portion” substitute “final sample”.
16. Section 75 (purchaser’s right to have sample taken and analysed) in so far as it applies in relation to feeding stuffs shall apply as if in subsection (1) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”.
17. Section 76 (inspector’s power to enter premises and take...
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