The Feed (Sampling and Analysis and Specified Undesirable Substances) (Wales) Regulations 2010

JurisdictionWales
CitationSI 2010/2287 (W199)
Year2010
  • The title of these Regulations is the Feed (Sampling and Analysis and Specified Undesirable Substances) (Wales) Regulations 2010, they apply in relation to Wales and come into force on 11 October 2010.
  • (1) In these Regulations—(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.
  • in section 68(2) (b) the words “to sales in quantities of not more than 25 kilograms” were substituted for the words
  • in section 76(5) the words “six kilograms” were substituted for the words
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  • The Act is amended or as the case may be modified in accordance with regulations 9 to 20.
  • In section 66(1) (interpretation of Part IV) insert at the appropriate place the following definitions—
  • in subsection (4) (b) “final sample” were substituted for
  • “final sample” were substituted for
  • “in accordance with Regulation 152/2009” were substituted for
  • in subsection (4) (c) “final sample” were substituted for
  • in subsection (5) “final sample in question” were substituted for
  • in subsection (2) “final sample” were substituted for
  • “final sample” were substituted for
  • “that sample” were substituted for
  • in subsection (2) (b) “final sample” were substituted for
  • “final sample” were substituted for
  • “that sample” were substituted for
  • for “sampled portion” substitute
  • omit “the sample taken from”; and
  • in subsections (2) (a) and (b) , (2A) and (3) (b) in each case for “sampled portion” substitute
  • for “sampled portion” substitute
  • omit “the sample taken from”; and
  • in subsections (2) (a) and (b) and (3) in each case for “sampled portion” substitute
  • Section 75 (purchaser's right to have sample taken and analysed) in so far as it applies in relation to feeding stuffs will apply as if in subsection (1) “in accordance with Regulation 152/2009” were substituted for
  • in subsection (1) “in accordance with Regulation 152/2009” were substituted for
  • for subsection (4) the following were substituted—
  • Without prejudice to any other power or duty as to the taking of samples, an inspector may for the purposes of this Part of this Act take a sample of any material which has been sold for use as a feeding stuff or which he has reasonable cause to believe to be intended for sale as such.
  • for subsection (1) the following were substituted—
    • “(1) Where an inspector has taken a sample and prepared and packaged final samples in accordance with Regulation 152/2009 the inspector, in addition to sending a final sample to the agricultural analyst for the inspector's area in accordance with the requirements of paragraph 8 of Annex I to that Regulation—
    • (a) shall send one final sample—
    • (i) where the sample was taken pursuant to the request of a purchaser under section 75 of this Act, to the seller or his agent;
    • (ii) in any other case, to the person on whose premises the sample was taken, or, if the person on whose premises the sample was taken purchased the material in question for use and not for resale, to the seller or his agent; and
  • where the sample was taken pursuant to the request of a purchaser under section 75 of this Act, to the seller or his agent;in any other case, to the person on whose premises the sample was taken, or, if the person on whose premises the sample was taken purchased the material in question for use and not for resale, to the seller or his agent; andsubject to section 78 of this Act, shall retain at least one final sample for nine months.
  • for subsection (2) the following were substituted—
    • “(2) If the person who manufactured any material of which an inspector has taken a sample as mentioned in subsection (1) is not a person to whom a final sample is required to be sent under that subsection, the inspector shall send a final sample to the manufacturer unless he does not know and is unable after making reasonable inquiries to ascertain before the expiration of fourteen days from the date when the sample was taken—
    • (a) the manufacturer's name; or
    • (b) any address of the manufacturer in the United Kingdom.
  • the manufacturer's name; orany address of the manufacturer in the United Kingdom.
  • “final sample” were substituted for
  • “in accordance with Regulation 152/2009” were substituted for
  • “final sample” were substituted in each case for
  • “in such manner, if any, as may be prescribed” were omitted,
  • “subsection (1) ” were substituted for
  • in paragraph (b) “subsection (1) (a) (ii) ” were substituted for
  • for paragraph (a) the following were substituted—
  • to send the final sample retained by the inspector under section 77(1) (b) of this Act (as that section is modified by regulation 18(a) of the Feed (Sampling and Analysis and Specified Undesirable Substances) (Wales) Regulations 2010)

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