The Feed (Sampling and Analysis and Specified Undesirable Substances) (Scotland) Regulations 2010
| Jurisdiction | Scotland |
| Citation | SSI 2010/354 |
| Year | 2010 |
2010 No. 354
Agriculture
The Feed (Sampling and Analysis and Specified Undesirable Substances) (Scotland) Regulations 2010
Made 6th October 2010
Laid before the Scottish Parliament 8th October 2010
Coming into force 15th November 2010
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 66(1), 67(5), 74A, 79(9) and 84 of the Agriculture Act 19701and section 2(2) of the European Communities Act 19722and all other powers enabling them to do so.
There has been consultation as required by section 84(1) of the Agriculture Act 1970 with such persons or organisations appearing to represent the interests concerned and as required by 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 safety3.
PART 1
General and introductory
Citation, extent and commencement
1. These Regulations may be cited as the Feed (Sampling and Analysis and Specified Undesirable Substances) (Scotland) Regulations 2010, extend to Scotland only and come into force on 15th November 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 feed4;
“the Feed Hygiene Regulations” means the Feed (Hygiene and Enforcement) (Scotland) Regulations 20055;
“the GM Feed Regulations” means the Genetically Modified Animal Feed (Scotland) Regulations 20046;
“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 is to be read as if—
(a) in section 68(2)(b) (duty of seller to give statutory statement), “to sales in quantities of not more than 25 kilograms” was substituted for “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) (inspector’s power to enter premises and take samples), “six kilograms” was substituted for “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) (division of samples and analysis by agricultural analyst);
(c) section 78(1)(a), (2) or (4) (further analysis by Government Chemist);
(d) regulations 30(1), (2) or (5) (procedure relating to samples for analysis) or 31A(2) (secondary analysis by the Government Chemist) of the Feed Hygiene Regulations; or
(e) regulation 6(1)(a)(i) or (ii) (application of various provisions of the Act) 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) (agricultural analyst and deputy agricultural analyst qualifications) 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 person 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 person’s practical experience of the examination of feed must be attested by an analyst appointed under section 67(3) (appointment of agricultural analysts and deputy agricultural analysts).
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 section 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 rules7as read with Commission Regulation (EC) No. 669/2009 implementing 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/EC8.
Form of certificate of analysis
7. The certificate of analysis of any feed to be sent pursuant to—
(a) section 77(4) (analysis by agricultural analyst);
(b) regulation 30(4) (procedure relating to samples for analysis) or 31A(3) (secondary analysis by the Government Chemist) of the Feed Hygiene Regulations; or
(c) regulation 6(1)(a)(i) (application of various provisions of the Act) 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.
Section 66 of the Act
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;”.
Section 68 of the Act
10. Section 68 (duty of seller to give statutory statement) in so far as it applies in relation to feeding stuffs applies 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”.
Section 69 of the Act
11. Section 69 (marking of material prepared for sale) in so far as it applies in relation to feeding stuffs applies as if—
(a) in subsection (4)(c) “final sample” were substituted for “sampled portion”; and
(b) in subsection (5) “final sample” were substituted for “sample taken from the portion”.
Section 70 of the Act
12. Section 70 (use of names or expressions with prescribed meanings) in so far as it applies in relation to feeding stuffs applies 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”.
Section 71 of the Act
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 applies 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”.
Section 73 of the Act
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”.
Section 73A of the Act
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”.
Section 75 of the Act
16. Section 75 (purchaser’s right to have sample taken and analysed), in so far as it applies in relation to feeding stuffs, applies as if in subsection (1) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”.
Section 76 of the Act
17. Section 76 (inspector’s power to enter premises and take samples) in so far as it applies in relation to feeding stuffs applies as if—
(a) in subsection (1) “in accordance with Regulation 152/2009” were substituted for “in the prescribed manner”; and
(b) for subsection (4) the following were substituted:—
“4 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...
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