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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2005 No. 608

AGRICULTURE

The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005

  Made 28th November 2005 
  Laid before the Scottish Parliament 30th November 2005 
  Coming into force 1st January 2006 


ARRANGEMENT OF REGULATIONS


PART 1

Preliminary
1. Citation, commencement and extent
2. Interpretation

PART 2

Enforcement of Regulation 183/2005
3. Scope and interpretation of Part 2
4. Competent authorities
5. Offences and penalties
6. Form of notification with a view to registration
7. Form of declaration in relation to transitional measures
8. Form of application for approval
9. Procedure for suspension of registration or approval
10. Procedure for lifting of suspension
11. Procedure for the revocation of registration or approval
12. Form of application for amendments to approval or registration
13. Right of appeal in connection with registration or approval
14. Fees for approvals or amendments to approvals

PART 3

Enforcement of Regulation 178/2002
15. Offences, penalties and enforcement

PART 4

Administration and Enforcement Generally
16. Enforcement
17. Feed business improvement notices
18. Right of appeal against feed business improvement notices
19. Appeals to Court of Session
20. Actions resulting from appeals
21. Feed business prohibition orders
22. Feed business emergency prohibition notices and orders
23. Penalties for offences in relation to improvement notices, prohibition orders etc
24. Powers of entry for authorised officers
25. Inspection, seizure and detention of suspect feed
26. Service of notices
27. Offences relating to the exercise of powers by authorised officers
28. Liability for expenditure
29. Application of various provisions of the Feeding Stuffs (Sampling and Analysis) Regulations
30. Procedure relating to samples for analysis
31. Additional provisions relating to sampling and analysis
32. Scottish Ministers' default powers and area of authorised officer's powers
33. Protection of authorised officers acting in good faith
34. Defences of fault of another person, mistake etc and export
35. Offences by corporate bodies or Scottish partnerships
36. Time limit for prosecutions
37. Revocations

  SCHEDULE 1 — SPECIFIED FEED LAW

  SCHEDULE 2 — FEES PAYABLE FOR APPROVALS

  SCHEDULE 3 — REVOCATIONS

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[
1], and of all other powers enabling them in that behalf, after consultation 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 safety[2], hereby make the following Regulations:



PART 1

Preliminary

Citation, commencement and extent
     1. —(1) These Regulations may be cited as the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 and come into force on 1st January 2006.

    (2) These Regulations extend to Scotland only.

Interpretation
    
2. —(1) In these Regulations–

    (2) Subject to paragraph (3), any other expression used both in these Regulations and in Regulation 178/2002, Regulation 882/2004 or Regulation 183/2005 has the same meaning as it bears in Regulation 178/2002, Regulation 882/2004 or Regulation 183/2005 as the case may be.

    (3) In these Regulations "feed" or "feeding stuff" does not include any excluded additive or any premixtures consisting solely of a combination of more than one excluded additive.

    (4) Where, apart from this paragraph, any period of less than 7 days which is specified in these Regulations would include any day which is–

that day shall be excluded from the period.



PART 2

Enforcement of Regulation 183/2005

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 to a numbered Article is a reference to the Article so numbered in Regulation 183/2005.

Competent authorities
    
4. The competent authorities for the purposes of Regulation 183/2005 are–

Offences and penalties
    
5. —(1) Any person who contravenes or fails to comply with any of the provisions of Regulation 183/2005 set out in paragraph (2) is guilty of an offence and liable–

    (2) The provisions referred to in paragraph (1) are–

Form of notification with a view to registration
    
6. Any person who is required under Article 9 (officials controls, notification and registration) to notify the competent authority of the information mentioned in paragraph (2)(a) or (b) of that Article must ensure that any such notification–

Form of declaration in relation to transitional measures
    
7. Any person to whom Article 18(3) (transitional measures) applies must ensure–

Form of application for approval
    
8. Where approval of a feed business establishment is required pursuant to Article 10, an application to the competent authority for the area in which the establishment is located must be made which–

Procedure for suspension of registration or approval
    
9. —(1) Where a competent 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).

    (1) The notice served by the enforcement authority under paragraph (1) must–

Procedure for lifting of suspension
    
10. —(1) Where the competent authority which has served notice on a feed business operator under regulation 9 is satisfied that–

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

    (2) On an application by a feed business operator, the competent authority shall determine whether or not it is satisfied as specified in paragraph (1) within 28 days of such an application being received and shall notify the feed business operator of that determination.

Procedure for the revocation of registration or approval
    
11. —(1) Where a competent authority proposes to take action in the circumstances set out in Article 15 (revocation of registration or approval) it must serve on the feed business operator a notice in accordance with paragraph (2).

    (2) The notice served by the enforcement authority under paragraph (1) must–

    (3) Where a competent authority has revoked a registration or approval pursuant to this regulation it shall–

Form of application for amendments to approval or registration
    
12. —(1) Where a feed business operator wishes to apply for any amendment to an approval or registration pursuant to Article 16 (amendments to registration or approval of an establishment), an application to the competent authority for the area in which the relevant feed business establishment is located must be made which–

Right of appeal in connection with registration or approval
    
13. —(1) Any person who is aggrieved by the decision of a competent authority taken in respect of–

may appeal to the sheriff.

    (2) An appeal to the sheriff under paragraph (1) shall be by way of summary application.

    (3) The period within which an appeal under paragraph (1) may be brought shall be 1 month from the date on which notice of the decision was served on the person desiring to appeal.

    (4) Where on an appeal under paragraph (1) the sheriff determines that the decision of the competent authority is incorrect, the authority shall give effect to that determination.

    (5) Where a registration or approval is suspended or revoked, the feed business operator who, immediately before such suspension or revocation, had been using the establishment concerned may continue to use it, subject to any conditions imposed by the competent authority for the protection of public health, unless–

    (6) Nothing in paragraph (5) shall permit an establishment to be used as a feed business if a feed business prohibition order, a feed business emergency prohibition notice or a feed business emergency prohibition order (under regulations 21 or 22 as the case may be) has been imposed in relation to the establishment.

Fees for approvals or amendments to approvals
    
14. —(1) Subject to paragraph (3), a feed business operator who applies to a competent authority under regulation 8 for approval or under regulation 12 for amendment to an approval must–

    (2) In relation to any application submitted to it under regulation 8 or 12, the competent authority need not–

    (3) Where a feed business operator makes an application under regulation 8 or 12 seeking approval or as the case may be the amendment of approval of an establishment as one on which more than one feed business activity requiring approval may be exercised, the feed business operator is liable to pay a single relevant fee, which fee shall be the highest one otherwise payable.

    (4) In this regulation "relevant fee" means the fee specified in Schedule 2.



PART 3

Enforcement of Regulation 178/2002

Offences, penalties and enforcement
    
15. —(1) Any person who contravenes or fails to comply with any of the provisions of Regulation 178/2002 set out in paragraph (2) is guilty of an offence and liable–

    (2) The provisions referred to in paragraph (1) are–

    (3) The competent authority for the purposes of Articles 15 and 18 of Regulation 178/2002 is the enforcement authority and for the purposes of Article 20 of that Regulation is the enforcement authority and the Agency.

    (4) In this regulation "feed" means feed for food-producing animals.



PART 4

Administration and Enforcement Generally

Enforcement
    
16. —(1) It is the duty of each feed authority to execute and enforce the provisions of these Regulations, those provisions of Regulation 178/2002 set out in regulation 15(2) and Regulation 183/2005 within its area.

    (2) Any feed authority may in writing appoint as authorised officers, either generally or specially, such persons (whether or not officers of the authority) as it considers necessary to act in matters arising under these Regulations, those provisions of Regulation 178/2002 set out in regulation 15(2) and Regulation 183/2005.

Feed business improvement notices
    
17. —(1) An authorised officer who has reasonable grounds for believing that a feed business operator is failing to comply with specified feed law, may by a notice served on that person (in these Regulations referred to as a "feed business improvement notice")–

    (2) Any person who fails to comply with a feed business improvement notice is guilty of an offence.

    (3) A feed business improvement notice must state the right to appeal under regulation 18 and the appropriate time limit for bringing any such appeal.

Right of appeal against feed business improvement notices
    
18. —(1) Any person who is aggrieved by a decision of an authorised officer to serve a feed business improvement notice may appeal to the sheriff.

    (2) An appeal to the sheriff under paragraph (1) shall be by way of summary application.

    (3) The period within which an appeal under paragraph (1) may be brought is–

Appeals to Court of Session
    
19. A person who is aggrieved by–

may appeal to the Court of Session.

Actions resulting from appeals
    
20. —(1) On an appeal against a feed business improvement notice under regulations 18(1) or 19(a) the sheriff or the Court, as the case may be, may cancel or affirm the notice and, if affirming the notice, may do so either in its original form or with such modifications as the sheriff or the Court may in the circumstances think fit.

    (1) Where any period specified in a feed business improvement notice pursuant to regulation 17(1)(d) would otherwise include any day on which an appeal against that notice is pending, that day shall be excluded from that period.

    (2) Any appeal shall be regarded as pending for the purposes of paragraph (2) until it is finally disposed of or is withdrawn.

Feed business prohibition orders
    
21. —(1) If–

the court shall by an order impose the appropriate prohibition.

    (2) The health risk condition is fulfilled with respect to any feed business if any of the following involves risk of injury to health (including any impairment, whether permanent or temporary), namely–

and health means the health of an animal or, through the consumption of the products of such animal, human health.

    (3) The appropriate prohibition is–

    (4) If–

the court may, by an order, impose a prohibition on the feed business operator participating in the management of any feed business, or any feed business of a class or description specified in the order.

    (5) As soon as practicable after the making of an order under paragraph (1) or (4) (in these Regulations referred to as a "feed business prohibition order"), the enforcement authority shall–

and any person who knowingly contravenes such an order is guilty of an offence.

    (6) A feed business prohibition order shall cease to have effect–

    (7) The enforcement authority must issue a certificate under paragraph (6)(a) within 3 days of its being satisfied as mentioned in that paragraph; and on an application by the feed business operator for such a certificate, the authority must–

    (8) The court shall give a direction under paragraph (6)(b) if, on an application by the feed business operator, the court thinks it proper to do so having regard to all the circumstances of the case, including in particular the conduct of the feed business operator since the making of the order; but no such application shall be competent–

    (9) Where the sheriff makes an order under regulation 22(2) with respect to any feed business, paragraph (1) shall apply as if the feed business operator had been convicted by the sheriff of an offence under specified feed law.

    (10) Where the commission of an offence by a feed business operator leads to the conviction of another person pursuant to regulation 34(1), paragraph (4) shall apply in relation to that other person as it applies in relation to the feed business operator and any reference in paragraph (5) or (8) to the feed business operator shall be construed accordingly.

Feed business emergency prohibition notices and orders
    
22. —(1) An authorised officer of an enforcement authority who is satisfied that the health risk condition is fulfilled with respect to any feed business may by a notice served on the relevant feed business operator (in these Regulations referred to as a "feed business emergency prohibition notice") impose the appropriate prohibition.

    (2) If the sheriff is satisfied, on the application of such an officer, that the health risk condition is fulfilled with respect to any feed business, the sheriff shall, by an order (in these Regulations referred to as a "feed business emergency prohibition order"), impose the appropriate prohibition.

    (3) Such an officer shall not apply for a feed business emergency prohibition order unless, at least 1 day before the date of the application, a notice has been served on the relevant feed business operator stating the intention to apply for the order.

    (4) Paragraphs (2) and (3) of regulation 21 apply for the purposes of this regulation as they apply for the purposes of that regulation, but as if the reference in paragraph (2) to risk of injury to health were a reference to imminent risk of injury.

    (5) As soon as practicable after the service of a feed business emergency prohibition notice, an authorised officer of an enforcement authority shall affix a copy of the notice in a conspicuous position on such premises used for the purposes of the feed business as that officer considers appropriate; and any person who knowingly contravenes such a notice is guilty of an offence.

    (6) As soon as practicable after the making of a feed business emergency prohibition order, an authorised officer of an enforcement authority shall–

and any person who knowingly contravenes such an order is guilty of an offence.

    (7) A feed business emergency prohibition notice shall cease to have effect–

    (8) A feed business emergency prohibition notice or a feed business emergency prohibition order shall cease to have effect on the issue by the enforcement authority of a certificate to the effect that it is satisfied that the feed business operator has taken sufficient measures to secure that the health risk condition is no longer fulfilled with respect to the feed business.

    (9) The enforcement authority must issue a certificate under paragraph (8) within 3 days of being satisfied as mentioned in that paragraph; and on an application by the feed business operator for such a certificate, the authority shall–

    (10) Where a feed business emergency prohibition notice is served on a feed business operator, the enforcement authority shall compensate the feed business operator in respect of any loss suffered by reason of compliance with the notice unless–

and any disputed question as to the right to or the amount of any compensation payable under this paragraph shall be determined by a single arbiter appointed, failing agreement between the parties, by the sheriff.

Penalties for offences in relation to improvement notices, prohibition orders etc
    
23. Any person guilty of an offence under regulation 17(2), 21(5) or 22(5) or (6) is liable–

Powers of entry for authorised officers
    
24. —(1) For the purposes of executing and enforcing specified feed law an authorised officer may at all reasonable times, and on producing, if requested to do so, some duly authenticated document showing the officer's authority, enter–

    (2) If a sheriff, magistrate, or a justice of the peace on sworn information in writing, is satisfied that there is reasonable ground for entry into any such premises as are mentioned in paragraph (1), and either–

the sheriff, magistrate or justice may by signed warrant authorise the authorised officer to enter the premises, if need be by reasonable force.

    (3) Every warrant granted under this regulation shall continue in force for a period of 1 month.

    (4) An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may be accompanied by such other persons and take such equipment as the officer considers to be necessary, and on leaving any unoccupied premises entered by virtue of such a warrant, shall leave them as effectively secured against unauthorised entry as they were found.

    (5) An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, has the right to inspect–

    (6) Subject to paragraph (8), an authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may take on those premises, in the prescribed manner, a sample of any material appearing to the officer to be a feed manufactured, produced, placed on the market or intended to be placed on the market or to be material used, or intended to be used, as feed.

    (7) Without prejudice to an authorised officer's powers and duties as to the taking of samples in the prescribed manner, the officer may take a sample in a manner other than that prescribed of any material which has been sold for use as feed or which the officer has reasonable cause to believe to be intended for sale as such.

    (8) Where, for the purpose of taking a sample pursuant to paragraph (6) or (7), an authorised officer takes some of it from each of one or more containers, which are exposed for sale by retail, and none of which weighs more than 6 kilograms, the owner of the container or containers may require the authorised officer to purchase the container or containers on behalf of the enforcement authority.

    (9) An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may–

    (10) An authorised officer exercising the power conferred by paragraph (9) in respect of a record held by means of a computer–

    (11) Where (in the case of a person carrying on, or appearing to carry on, a business which consists of or includes the manufacture of a compound feeding stuff)–

the person of whom the requirement is made shall be deemed to comply with it if, at the time it is made, that person supplies the authorised officer making it with correct and adequate details of the publication concerned, and of where a copy of it may be obtained.

    (12) An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may seize and detain any record which the officer has reasonable cause to believe to be a record which may be required as evidence in proceedings under specified feed law.

    (13) In this regulation–

    (14) Nothing in this regulation authorises any person, except with the permission of the local authority under the Animal Health Act 1981[13], to enter any premises–

Inspection, seizure and detention of suspect feed
     25. —(1) Where an authorised officer has inspected or sampled any material under regulation 24, paragraphs (2) to (7) shall apply where, on such an inspection, or upon analysis of samples taken, it appears to that officer that the material fails to comply with the requirements of specified feed law.

    (2) The authorised officer may either–

and any person who knowingly contravenes the requirements of a notice under sub–paragraph (a) above is guilty of an offence.

    (3) Where the authorised officer exercises the powers conferred by paragraph (2)(a), that officer must, as soon as is reasonably practicable and in any event within 21 days, determine whether or not the officer is satisfied that the material complies with the requirements mentioned in paragraph (1) and–

    (4) Where the authorised officer exercises the powers conferred by paragraph (2)(b) or takes action under paragraph (3)(b), the officer must inform the person in charge of the material of the intention to have it dealt with by the sheriff and any person who might be liable under the provisions of specified feed law to a prosecution in respect of the material shall, if that person attends before the sheriff by whom the material falls to be dealt with, be entitled to be heard and to call witnesses.

    (5) If it appears to the sheriff, on the basis of such evidence as the sheriff considers appropriate in the circumstances, that any material falling to be dealt with under this regulation fails to comply with the requirements of specified feed law then the sheriff shall condemn the material and order–

    (6) If a notice under paragraph (2)(a) is withdrawn, or the sheriff by whom any material falls to be dealt with under this regulation refuses to condemn it, the enforcement authority shall compensate the owner of the material for any depreciation in its value resulting from the action taken by the authorised officer.

    (7) Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by a single arbiter appointed, failing agreement between the parties, by the sheriff.

    (8) Any person guilty of an offence under paragraph (2) is liable–

Service of notices
    
26. —(1) Any notice to be given by an enforcement authority under regulation 9, 10, 11, 17, 22 or 25–

    (2) Where it is not practicable after reasonable enquiry to ascertain the name and address of the person on whom the notice should be served, or where the premises in which a feed business is carried on are unoccupied, the notice may be addressed to the "owner" or "occupier" of the premises in which the feed business is carried on, and delivered to some person on those premises, or if there is no person on the premises to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.

Offences relating to the exercise of powers by authorised officers
    
27. —(1) Any person who wilfully obstructs an authorised officer in the exercise of the officer's functions under these Regulations or fails to comply with any requirement lawfully made by an authorised officer in the exercise of such functions is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to a term of imprisonment not exceeding 3 months or both.

    (2) Any person not being an authorised officer who purports to act as such under these Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale or to a term of imprisonment not exceeding 3 months or to both.

    (3) Subject to paragraph (4), if any person discloses to any other person–

that person is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale unless the disclosure was made in and for the purpose of the performance by that person or any other person of functions under these Regulations.

    (4) Paragraph (3) does not apply to prevent an authorised officer who has taken a sample under regulation 24 from disclosing–

Liability for expenditure
    
28. —(1) Subject to paragraph (2), any sums due to the enforcement authority by virtue of Article 54(5) (action in the case of non-compliance) of Regulation 882/2004 must be paid by the feed business operator to the enforcement authority on demand.

    (2) This regulation does not apply in relation to Article 54(2)(g) (measures referred to in Article 19 on consignments from third countries) of Regulation 882/2004.

Application of various provisions of the Feeding Stuffs (Sampling and Analysis) Regulations 1999
    
29. —(1) The following provisions of the Feeding Stuffs (Sampling and Analysis) Regulations 1999 apply, subject to the modifications specified in paragraph (2), for the purposes of these Regulations as they apply in relation to sampling and analysis under those Regulations–

    (2) The Feeding Stuffs (Sampling and Analysis) Regulations 1999 are to be read as if in those Regulations–

Procedure relating to samples for analysis
     30. —(1) Where in accordance with regulation 24(6) an authorised officer obtains a sample and decides to have it analysed for the purpose of ascertaining whether there is or has been any contravention of specified feed law, that officer must divide the sample into 3 parts of as near as may be equal size and–

    (2) If the person who manufactured any material sampled under these Regulations is not a person to whom part of the sample should be sent under paragraph (1), that paragraph shall have effect as if for the reference to 3 parts there were substituted a reference to 4 parts, and the authorised officer must within 14 days of the date of sampling send the fourth part to the manufacturer, unless the officer does not know and is unable to ascertain after making reasonable enquiries the identity of the manufacturer or the manufacturer's address in the United Kingdom.

    (3) The part of the sample sent to the agricultural analyst or as the case may be to the point 4 compliant laboratory must be accompanied by a statement signed by the authorised officer confirming that the sample was taken in the manner prescribed by Part II of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999.

    (4) The agricultural analyst or as the case may be the point 4 compliant laboratory shall analyse the part of the sample received under paragraph (1), and send a certificate of analysis to the authorised officer, who must send a copy to–

    (5) If the agricultural analyst to whom the sample was sent under paragraph (1)(b)(i) determines that an effective analysis of the sample cannot be performed by that analyst or under that analyst's direction that analyst shall send it to the agricultural analyst for another area, together with any documents received with the sample, and paragraph (4) shall then apply as if the sample had originally been sent to that other analyst.

Additional provisions relating to sampling and analysis
    
31. —(1) Any person who–

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months or both.

    (2) Any analysis required to be made under regulation 30(4) may be performed by any person acting under the direction of the agricultural analyst or the analyst at the point 4 complaint laboratory as the case may be.

    (3) A certificate of analysis by an agricultural analyst or an analyst at a point 4 complaint laboratory shall in any legal proceedings be received as evidence of the facts stated in the certificate if the party against whom it is to be given in evidence–

    (4) Any document purporting to be a certificate of analysis for the purposes of paragraph (3) shall be deemed to be such a certificate unless the contrary is proved.

Scottish Ministers' default powers and area of authorised officer's powers
    
32. —(1) If the Scottish Ministers consider that these Regulations, or those provisions of Regulation 178/2002 specified in regulation 15(2) or Regulation 183/2005 have been insufficiently enforced in the area of any enforcement authority they may appoint 1 or more persons to exercise in that area the powers exercisable by authorised officers appointed by the authority, and any expenses certified by them as having been incurred by them under this regulation in respect of that area shall be repaid to them on demand by the authority in question.

    (2) An authorised officer may not exercise powers under these Regulations in respect of any premises outside the area for which that officer is appointed except with the consent of the enforcement authority for the area in which those premises are situated.

Protection of authorised officers acting in good faith
    
33. —(1) An authorised officer is not personally liable in respect of any act done–

if that act was done in the honest belief that these Regulations required or entitled it to be done.

    (2) Nothing in paragraph (1) shall be construed as relieving any enforcement authority of any liability in respect of the acts of its officers.

    (3) Where an action has been brought against an authorised officer in respect of an act done by that officer–

the authority may indemnify the officer against the whole or a part of any damages which are ordered to be paid or any expenses which the officer may have incurred if it is satisfied that the officer honestly believed that the act complained of was within the scope of the officer's duties.

    (4) An agricultural analyst is to be treated for the purposes of this regulation as being an authorised officer, whether or not that analyst's appointment is a whole–time one.

Defences of fault of another person, mistake etc and export
    
34. —(1) Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person is guilty of the offence and may be convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.

    (2) In any proceedings for an offence under these Regulations it shall, subject to paragraph (3), be a defence to prove–

    (3) If in any case the defence provided by paragraph (2) involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the accused shall not, without leave of the court, be entitled to rely on that defence unless–

the accused has served on the prosecutor a notice in writing giving such information as the accused may have to identify or assist in identifying that other person.

    (4) In any proceedings in which it is alleged that a material has contravened or failed to comply with the requirements of specified feed law it is a defence for the accused to prove that the material in respect of which the offence was alleged to have been committed–

Offences by corporate bodies or Scottish partnerships
    
35. —(1) Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of–

that person as well as the body corporate is to be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.

    (2) In paragraph (1) "director" in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

    (3) Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is to be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.

Time limit for prosecutions
    
36. —(1) No prosecution for an offence under these Regulations may be begun after the expiry of–

whichever is the earlier.

    (2) For the purposes of this regulation, a certificate signed by or on behalf of the prosecutor, and stating the date on which evidence sufficient in the prosecutor's opinion to warrant the proceedings came to the knowledge of the prosecutor, shall be conclusive evidence of that fact.

    (3) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Revocations
    
37. The Regulations or parts thereof listed in Schedule 3 to these Regulations are revoked except in so far as they may apply to excluded additives or to premixtures consisting solely of a combination of excluded additives.


LEWIS MACDONALD
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
28th November 2005



SCHEDULE 1
Regulations 2, 17, 21, 24, 25, 30 and 34


SPECIFIED FEED LAW


Part IV of the Agriculture Act 1970, in so far as it relates to animal feeding stuffs

The Feeding Stuffs (Scotland) Regulations 2000[
15]

The Feeding Stuffs (Scotland) Regulations 2005[16]

The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005

Regulation 178/2002 in so far as it relates to feed for food producing animals

Regulation 1831/2003

Regulation 882/2004

Regulation 183/2005



SCHEDULE 2
Regulation 14


FEES PAYABLE FOR APPROVALS


Activity requiring approval Fee (£)
Manufacture only, or manufacture and placing on the market, of feed additives referred to in Article 10(1)(a) of Regulation 183/2005 other than excluded additives or premixtures consisting solely of a combination of excluded additives 451
Placing on the market of feed additives referred to in Article 10(1)(a) of Regulation 183/2005 other than excluded additives or premixtures consisting solely of a combination of excluded additives 226



SCHEDULE 3
Regulation 37


REVOCATIONS


The Feeding Stuffs (Establishments and Intermediaries) Regulations 1999[
17], ("the Establishments and Intermediaries Regulations").

The Feeding Stuffs (Enforcement) Regulations 1999[18], ("the Enforcement Regulations").

Regulation 4(2) and (3) of, Parts II and III of Schedule 2 to and the entries for the Establishments and Intermediaries Regulations and the Enforcement Regulations in the table contained in Schedule 9 to the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (Scotland) Regulations 2000[19].

The Feeding Stuffs (Sampling and Analysis) Amendment (Scotland) Regulations 2001[20], in so far as they amend the Enforcement Regulations.

The Feeding Stuffs and the Feeding Stuffs (Enforcement) Amendment (Scotland) Regulations 2001[21], in so far as they amend the Enforcement Regulations.

The Feeding Stuffs Amendment (Scotland) Regulations 2002[22], in so far as they amend the Enforcement Regulations.

The Feeding Stuffs (Scotland) Amendment Regulations 2003[23], in so far as they amend the Establishments and Intermediaries Regulations and the Enforcement Regulations.

Regulations 7 to 12 and 14 of the Feeding Stuffs (Amendment) Regulations 2003[24].

The Feeding Stuffs (Miscellaneous Amendments) (Scotland) Regulations 2003[25], in so far as they amend the Establishments and Intermediaries Regulations and the Enforcement Regulations.

The Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations 2004[26].

The Feeding Stuffs (Establishments and Intermediaries) Amendment (Scotland) Regulations 2005[27].



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which apply in relation to Scotland only, provide for the execution and enforcement of Regulation (EC) No 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene (O.J. No. L 35, 8.2.05, p.1), ("Regulation 183/2005") and 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 (O.J. No. L 31, 1.2. 02, p.1), ("Regulation 178/2002"), and also make provision as to administration generally, in particular so as to give effect to 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 (O.J. No. L191, 28.5.04, p.1), ("Regulation 882/2004") in respect of official controls on feed hygiene and feed safety.

These Regulations do not apply to zootechnical feed additives, coccidiostats or histomonostats or premixtures consisting solely of a combination of those substances.

Part 2 of these Regulations deals with the execution and enforcement of Regulation 183/2005, which repeals Council Directive 95/69/EC and Commission Directive 98/51/EC. (Those Directives were implemented in the United Kingdom by the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 (S.I. 1999/1872)). Regulation 183/2005 provides that almost all businesses producing, trading in or using animal feed should be either registered, or as the case may be approved, by the competent authorities. The activities to which Regulation 183/2005, and consequently Part 2 of these Regulations, do not apply, are set out in Article 2 of Regulation 183/2005 and include–

In particular provision is made in Part 2 to–

Part 3 of these Regulations revokes and re-enacts with minor amendments the provisions formerly contained in the Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations 2004 (S.I. 2004/3254) which provided for the execution and enforcement of the feed safety requirements of Regulation 178/2002.

Part 3 applies only to feed for food-producing animals, and makes contravention of various specified provisions of Regulation 178/2002 an offence (regulation 15). The specified provisions are–

Part 4 of these Regulations provides for the administration and enforcement of the law relating to animal feed listed in Schedule 1. In so doing these Regulations revoke the Feeding Stuffs (Enforcement) Regulations 1999 (S.I. 1999/2325), re-enact with amendments most of the provisions contained in those Regulations and introduce further provisions needed to comply with the requirements of Regulation 882/2004. Regulation 882/2004 repealed Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition. That Directive was implemented in part by S.I. 1999/2325.

In particular Part 4–

Additionally, in Part 4 these Regulations–

A full regulatory impact assessment, which includes a compliance cost assessment of the effect that these Regulations will have on business costs has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.


Notes:

[1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) ("the 1998 Act"), Schedule 8, paragraph 15(3). The function conferred on a Minister of the Crown under section 2(2) of the 1972 Act, so far as within devolved competence, was transferred to the Scottish Ministers by section 53 of the 1998 Act.back

[2] O.J. No. L 31, 1.2.02, p.1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L 245, 29.9.03, p.4).back

[3] 1970 c.40.back

[4] 1994 c.39; section 2 was amended by the Environment Act 1995 (c.25), Schedule 22, paragraph 232.back

[5] O.J. No. L 209, 6.8.02, p.15.back

[6] S.I. 1999/1663 as amended by S.S.I. 2000/453, 2001/104, 2002/285, 2003/277, 2004/414.back

[7] O.J. No. L 245, 29.9.03, p.4.back

[8] O.J. No. L 268, 18.10.03, p.29. That Regulation was last amended by Commission Regulation (EC) No. 378/2005 on detailed rules for the implementation of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council as regards the duties and tasks of the Community Reference Laboratory concerning applications for authorisations of feed additives.back

[9] O.J. No. L 165, 30.4.04, p.1. The revised text of Regulation 882/2004 is now set out in a Corrigendum (O.J. No. L 191, 28.5.04, p.1).back

[10] O.J. No. L 35, 8.2.05, p.1.back

[11] 1971 c.80.back

[12] S.S.I. 2005/605.back

[13] 1981 c.22.back

[14] S.S.I. 2005/608.back

[15] S.S.I. 2000/453, as amended by S.S.I. 2001/334, 2002/255 and 285, 2003/101, 312 and 474, 2004/208 and 458 and 2005/ 605.back

[16] S.S.I. 2005/605.back

[17] S.I. 1999/1872 as amended by S.S.I. 2000/62 and 453, 2003/101 and 277 and 2005/116.back

[18] S.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.back

[19] S.S.I. 2000/62, as amdended by S.S.I. 2002/255.back

[20] S.S.I. 2001/104.back

[21] S.S.I. 2001/334.back

[22] S.S.I. 2002/285.back

[23] S.S.I. 2003/101.back

[24] S.I. 2003/1026.back

[25] S.S.I. 2003/277.back

[26] S.I. 2004/3254.back

[27] S.S.I. 2005/116.back



ISBN 0 11 069842 8


 © Crown copyright 2005

Prepared 8 December 2005


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