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Statutory Instruments

2005 No.3362(S.11)

AGRICULTURE, SCOTLAND

The Feeding Stuffs (Application to Zootechnical Additives etc.) (Scotland) Regulations 2005

Made

7th December 2005

Laid before Parliament

12th December 2005

Coming into force

3rd January 2006

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 66(1), 68(1) and (1A), 69(1) and (3), 70(1), 71(1), 74(1), 74A, 77(4), 78(6), 79(1), (2) and (9), and 84 of the Agriculture Act 1970 (as read with Articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002) .

In so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above, the Secretary of State makes these Regulations in exercise of her powers as a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to food (including drink) including the primary production of food and measures relating to feed produced for or fed to food-producing animals , the common agricultural policy of the European Community , measures in the veterinary and phytosanitary fields for the protection of public health and the control and regulation of genetically modified organisms .

There has been consultation in accordance with the requirements of section 84(1) of the Agriculture Act 1970 or as appropriate of Article 9 of Regulation

Title, application and commencement

1. These Regulations—

(a) may be cited as the Feeding Stuffs (Application to Zootechnical Additives etc.) (Scotland) Regulations 2005;

(b) apply in relation to Scotland only; and

(c) come into force on 3rd January 2006.

Interpretation

2. In these Regulations—

“ the Act ” means the Agriculture Act 1970;

“ additive ” means a feed additive to which the Additives Regulation applies that is not an excluded additive;

“ the Additives Regulation ” means Regulation additives for use in animal nutrition ;

“ excluded additive ” means any of the following—

(a)

coccidiostats;

(b)

histomonostats; or

(c)

any zootechnical additive falling within category (d) of Article 6(1) of the Additives Regulation;

“ the Feed Hygiene Regulations ” means the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 ;

“ the Feeding Stuffs Regulations ” means the Feeding Stuffs (Scotland) Regulations 2005 ;

“ quasi-medicinal additive ” means an excluded additive which is not a non-medicinal zootechnical additive;

“ non medicinal zootechnical additive ” means a product falling within category (d) of Article 6(1) of the Additives Regulation that is either—

(d)

a digestibility enhancer;

(e)

a gut flora stabiliser; or

(f)

a substance incorporated with the intention of favourably affecting the environment;

“non medicinal zootechnical premixture” is a premixture within the meaning given by Article 2(2)(e) of the Additives Regulation, excluding—

(g)

any premixture as defined below, and

(h)

any mixture consisting solely of a combination of quasi-medicinal additives;

“ the OFFC Regulations ” means the Official Feed and Food Controls (Scotland) Regulations 2005 ; and

“ premixture ” has the meaning given by Article 2(2)(e) of the Additives Regulation, excluding any mixture consisting solely of a combination of excluded additives.

Application of the Genetically Modified Animal Feed (Scotland) Regulations 2004 to non-medicinal zootechnical additives

3.The Genetically Modified Animal Feed (Scotland) Regulations 2004 shall apply to non-medicinal zootechnical additives as they apply to additives.

Application of the Feeding Stuffs (Scotland) Regulations 2005 to non medicinal zootechnical additives

4. The Feeding Stuffs Regulations shall apply to—

(a) non medicinal zootechnical additives as they apply to additives; and

(b) non medicinal zootechnical premixtures as they apply to premixtures.

Application of the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 to non-medicinal zootechnical additives

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Secondary analysis by the Government Chemist

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of the Official Feed and Food Controls (Scotland) Regulation 2005 to non-medicinal zootechnical additives

7. —(1) The OFFC Regulations shall apply to—

(a) the Act and the Feeding Stuffs (Sampling and Analysis) Regulations 1999 in so far as the Act and those Regulations apply to non medicinal zootechnical additives and non medicinal zootechnical premixtures, and

(b) the Genetically Modified Animal Feed (Scotland) Regulations 2004, the Feeding Stuffs Regulations and the Feed Hygiene Regulations as those regulations are modified by these Regulations,

in the same way as the OFFC Regulations apply to relevant feed law as that expression is defined in those Regulations.

(2) Part 3 of the OFFC Regulations (official controls on feed and food of non animal origin from third countries) shall apply to—

(a) non medicinal zootechnical additives as it applies to additives; and

(b) non medicinal zootechnical premixtures as it applies to premixtures.

Revocations

8. The Regulations listed in the Schedule to these Regulations are revoked in so far as they apply in relation to Scotland and to non medicinal zootechnical additives or non medicinal zootechnical premixtures.

Signed by authority of the Secretary of State for Health

Caroline Flint

Parliamentary Under Secretary of State,

Department of Health

7th December 2005

Regulation 8

SCHEDULE REVOCATIONS

The Feeding Stuffs (Establishments and Intermediaries) Regulations 1999

The Feeding Stuffs (Enforcement) Regulations 1999

The Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations 2004

Status: There are currently no known outstanding effects for the The Feeding Stuffs (Application to Zootechnical Additives etc.) (Scotland) Regulations 2005.
The Feeding Stuffs (Application to Zootechnical Additives etc.) (Scotland) Regulations 2005 (2005/3362)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Reg. 5 revoked (20.6.2008) by The Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/201) , regs. 1 , 3 (with reg. 4(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Reg. 6 revoked (20.6.2008) by The Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/201) , regs. 1 , 3 (with reg. 4(2) )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
M11970 c. 40 . Section 66(1) contains definitions of the expressions “the Ministers”, “prescribed” and “regulations”. The definition of “the Ministers” was amended by the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272) , Schedule 5 , paragraph 1 . Functions of “the Ministers”, so far as exercisable in relation to Scotland and so far as within devolved competence, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) (“ the 1998 Act ”). By virtue of S.I. 1999/3141 , functions of the Secretary of State, the Secretary of State for Scotland and the Secretary of State for Wales, exercisable in relation to Scotland and in so far as not transferred to the Scottish Ministers by the 1998 Act, were transferred to the Minister of Agriculture Fisheries and Food. Section 74A was inserted by the European Communities Act 1972 (1972 c. 68) , Schedule 4 , paragraph 6 .
M2S.I. 2002/794 . Article 2 of this Order had the effect of transferring to the Secretary of State the functions of the Minister of Agriculture Fisheries and Food under Part IV of the Agriculture Act 1970 referred to, including those exercisable in relation to Scotland in so far as not transferred by section 53 of the 1998 Act.
M31972 c. 68 . The function of the Minister of the Crown under section 2(2), in so far as exercisable in relation to Scotland and so far as within devolved competence, was transferred to the Scottish Ministers by section 53 of the 1998 Act. In so far as not so transferred and in so far as exercisable in relation to Scotland, the function is retained by the Secretary of State.
M4S.I. 2003/2901
M5S.I. 1972/1811 , amended by S.I. 1996/266 , 2002/794 and 2812.
M6S.I. 1999/2027 .
M7S.I. 1991/755 , amended by S.I. 1999/2788 .
M8OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4).
M9O.J. No. L 268, 18.10.2003, p.29, as last amended by Regulation (EC) No. 378/2005 of the Commission (O.J. No. L 59, 5/3/2005, p. 8.
M10S.S.I. 2005/[ ].
M11S.S.I. 2005/[ ].
M12S.S.I. 2005/[ ].
M13S.S.I. 2004/433 , amended by S.S.I. 2005/246 .
M14S.I. 1999/1872 as amended by S.S.I. 2000/62 and 453, 2003/101 and 277 and 2005/116.
M15S.I. 1999/2325 as amended by S.S.I. 2000/62 and 453, 2001/104 and 334, 2002/285, S.I. 2003/1026 and S.S.I. 2003/277 .
M16S.I. 2004/3254 .
Defined TermSection/ArticleIDScope of Application
additivereg. 2.legTermFeZ9yJn7
excluded additivereg. 2.legTermb6HqhbRx
non medicinal zootechnical additivereg. 2.legTermL7IxPq1n
non medicinal zootechnical premixturereg. 2.non_medici_rtkBeI3
premixturereg. 2.legTermObJVOObO
quasi-medicinal additivereg. 2.legTermaHtqddbs
the Actreg. 2.legTermnU8iAmW3
the Additives Regulationreg. 2.legTermwDbAzvm6
the Feed Hygiene Regulationsreg. 2.legTermrZQcVptv
the Feeding Stuffs Regulationsreg. 2.legTermu3vxFF6b
the OFFC Regulationsreg. 2.legTermQBflWmZ3

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The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.