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	Statutory Instruments of the Scottish Parliament
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Feeding Stuffs (Scotland) Amendment and the Feeding Stuffs (Sampling and Analysis) Amendment (Scotland) Regulations 2006 No. 16 URL: http://www.bailii.org/scot/legis/num_reg/2006/20060016.html

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(a) for "Mineral mixtures for cattle, sheep and goats" in column 2, substitute "Complementary feeding stuffs containing ≤ 4% phosphorus" and opposite that entry, in column 3, for "2000", substitute "500"; and

(b) for "Other complementary feeding stuffs" in column 2, substitute "Complementary feeding stuffs containing > 4% phosphorus" and opposite that entry, in column 3, for "(fluorine content per percentage point phosphorus in the feeding stuff)", substitute "per 1% phosphorus".

    (3) In relation to the entries for lead, for the exception " – grass meal, lucerne meal or clover meal" in column 2, substitute " – green fodder (including products such as hay, silage, fresh grass, etc.)".

    (4) In relation to the entries for mercury–

(a) for the exception "– feed materials produced by the processing of fish or other marine animals" in column 2, substitute " – feeding stuffs produced by the processing of fish or other marine animals"; and

(b) after the exception substituted by paragraph (a) above, insert " – calcium carbonate" and opposite that entry, in column 3, insert "0.3".

Amendment of the Feeding Stuffs (Sampling and Analysis) Regulations 1999
     3. —(1) The Feeding Stuffs (Sampling and Analysis) Regulations 1999[5] are amended in accordance with paragraphs (2) to (6).

    (2) In regulation 1 (title, commencement and interpretation), at the end of the definition of Directive 2002/70/EC, insert "as amended by Commission Directive 2005/7/EC[6]".

    (3) In regulation 6, for paragraph (4), substitute–

    " (4) Where a sample of a feeding stuff is to be analysed pursuant to–


(a) section 75(1) (sample analysed at the request of the purchaser) of the Act, or

(b) section 78(1) (further analysis by Government Chemist) of the Act in so far as that subsection does not relate to official controls,



and neither paragraph (1) nor (3) applies, the analysis shall be carried out in the like manner as that prescribed by 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 rules[7].".

    (4) In Schedule 2, Part I (general provisions), at the end, insert–

     " 4. Assessment of compliance in analysis for undesirable substances


(a) Subject to paragraph (c), in the case of analysis to detect the presence of one or more of the undesirable substances listed in Schedule 5 to the Feeding Stuffs (Scotland) Regulations 2005[8] ("the Schedule"), a feeding stuff which has been sampled and analysed in accordance with these Regulations does not comply with the relevant prescribed limit or limits set out in the Schedule if, after taking into account expanded measurement uncertainty and correction for recovery in accordance with paragraph (b), the analytical result indicates the presence of an undesirable substance in excess of the maximum content specified for that substance in column 3 of the Schedule.

(b) In assessing compliance for the purposes of paragraph (a), the analysed concentration must be corrected for recovery and the expanded measurement uncertainty subtracted from the analytical result.

(c) The procedure set out in paragraphs (a) and (b) is only applicable in cases where the method of analysis makes it possible to estimate measurement uncertainty and correction for recovery. It is not possible, for example, in microscopic analysis.".

    (5) In Annex I to Part II (community methods of analysis) of Schedule 2 in relation to the entry regarding dioxins and dioxin like PCBs–

(a) in column 2, after "Annex II to Directive 2002/70/EC", insert "(Point 2 of Annex I was replaced and point 2 of Annex II amended by Directive 2005/7/EC)"; and

(b) in column 3, opposite the words inserted by sub paragraph (a), insert "O.J. No. L 27, 29.1.05, p.41.".

    (6) In Schedule 3, Part II (notes for completion of certificate), in paragraph (8)–

(a) omit "and", where it appears at the end of sub paragraph (b); and

(b) insert, at the end–


     " ; and

(d) in cases where Schedule 2, Part I, paragraph 4 is applicable, the result–


(i) corrected or uncorrected for recovery, the manner of reporting and the level of recovery being indicated;

(ii) expressed as "x ± U", where x is the analytical result and U is the expanded measurement uncertainty, using a coverage factor of 2 to give a level of confidence of approximately 95% ".

LEWIS MACDONALD
Authorised to sign on behalf of the Scottish Ministers

St Andrew's House, Edinburgh
17th January 2006

     3. The Regulations also make consequential amendments to the 1999 Regulations to reflect the fact that as from 1.1.2006 the general obligation on Member States, formerly contained in Council Directive 95/53/EC, to ensure that sampling and analysis carried out in pursuit of official controls follows prescribed Community methods, is now given effect by Article 11 of 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. L 191, 28.5.2004, p.1).

     4. Regulation 2 of these Regulations implements Commission Directive 2005/8/EC by amending Schedule 5 to the 2005 Regulations in respect of certain entries for lead, fluorine and mercury.

     5. In regulation 3 of these Regulations–

(a) paragraphs (2) and (5) implement Commission Directive 2005/7/EC in transposing by reference the amendments made by that Directive to Commission Directive 2002/70/EC;

(b) paragraph (3) makes the consequential amendments referred to in paragraph 3 above;

(c) paragraphs (4) and (6) implement Commission Directive 2005/6/EC by introducing new requirements regarding expanded measurement uncertainty and correction for recovery when analysing and reporting on the analysis of animal feed to determine the levels of undesirable substances.

     6. A full regulatory impact assessment, which includes a compliance cost assessment of the effect which 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.

[2] 1972 c.68; section 2(2) was amended by the 1998 Act, Schedule 8, paragraph 15(3). The function conferred upon a Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.back

[3] O.J. No. L 31, 1.2.02, p.1, as 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

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

[5] S.I. 1999/1663, as amended by S.I. 1999/1871, S.S.I. 2000/453, 2001/104, 2002/285 and 2003/277.back

[6] O.J. No. L 27, 29.1.05, p.41.back

[7] O.J. No. L 139, 30.4.04, p.55. 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

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

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