# The Feed (Hygiene and Enforcement) and the Animal Feed (Amendment) Regulations (Northern Ireland) 2013 (revoked)

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N.I.

Statutory Rules of Northern Ireland

# 2013 No. 294

Food

# The Feed (Hygiene and Enforcement) and the Animal Feed (Amendment) Regulations (Northern Ireland) 2013

Made

12th December 2013

Coming into operation

12th January 2014

The Department of Health, Social Services and Public Safety F1 makes the following Regulations in exercise of the powers conferred on it by section 2(2) of the European Communities Act                           1972 F2 as read with paragraph 1A of Schedule 2 to that Act.                        

The Department of Health, Social Services and Public Safety has been designated for the purposes of section 2(2) of that Act                           in relation to the common agricultural policy of the European Union F3, measures in the veterinary and phytosanitary fields for the protection of public health F4 and measures relating to feed produced for or fed to food-producing animals F5.                        

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears                           to the Department of Health, Social Services and Public Safety that it is expedient for references to the Annexes to the EU instrument mentioned in regulation 2(3) and 3(2)(b) to be construed as references to those Annexes as they may be amended                           from time to time.                        

There has been open and transparent public consultation during the preparation of these Regulations in accordance with the                           requirements of 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 F6.                        

F1Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.1) Article 3(6)

F21972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51) and amended by Part 1 of Schedule 1 to the European Union (Amendment) Act 2008 (2008 c.7)

F3S.I. 2000/2812

F4S.I. 1999/2027

F5S.I. 2003/2901

F6OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting                              a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468 with                              regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (OJ No.                              L188, 18.7.2009, p.14)

## Citation, commencement and interpretationN.I.

1.—(1) These Regulations may be cited as the Feed (Hygiene and Enforcement) and the Animal Feed (Amendment) Regulations (Northern                     Ireland) 2013, and come into operation on 12th January 2014.                  

(2) The Interpretation Act (Northern Ireland) 1954 F7 applies to these Regulations as it applies to an Act of the Northern Ireland Assembly.                  

F71954 c.33 (N.I.)

## Amendment of the Feed (Hygiene and Enforcement) Regulations (Northern Ireland) 2005N.I.

2.—(1) The Feed (Hygiene and Enforcement) Regulations (Northern Ireland) 2005 F8 are amended in accordance with paragraphs (2) to (5).                  

(2) In regulation 2(1) (interpretation), for the definition of “Regulation 183/2005” substitute —

““Regulation 183/2005” means Regulation (EC) No. 183/2005 of 12 January 2005 laying down requirements for feed hygiene as amended by Commission Regulation (EU) No. 225/2012;”F9.                     

(3) After regulation 2(5), add the following paragraph —

“(6)Any reference in these Regulations to an Annex to Regulation 183/2005 is a reference to that Annex as it may be amended from                        time to time.”.                  

(4) For regulation 4 (competent authorities) substitute —

### 

“4.—(1)The competent authorities for the purposes of the Articles of Regulation 183/2005 are —                  

(a)in respect of Articles 9(1) and (3), 18(3), 20(2), 21(1) and 22(2)(b), the Agency and the enforcement authority;                  

(b)in respect of Articles 7, 9(2), 10, 13, 14, 15, 16, 17, 18(1),(2) and (4) and 19(2), the enforcement authority; and                  

(c)in respect of Article 19(1), the Agency.                  

(2)The competent authorities for the purposes of the section headed “Dioxin Monitoring” in Annex II to Regulation 183/2005 are —                  

(a)in respect of paragraph 2(e), the enforcement authority; and                  

(b)in respect of paragraph 7, the enforcement authority and the Agency.”.                  

(5) For Schedule 2 (fees payable for approvals) substitute Schedule 1 to these Regulations.

F8S.R. 2005 No. 546, as amended by SR 2006 No. 471, S.R. 2009 No. 427, S.R. 2010 No. 323 and S.R. 2010 No. 355

F9Commission Regulation (EU) No. 225/2012 amending Annex II to Regulation (EC) No. 183/2005 of the European Parliament and of                              the Council as regards the approval of establishments placing on the market, for feed use, products derived from vegetable                              oils and blended fats and as regards the specific requirements for production, storage, transport and dioxin testing of oils,                              fats and products derived thereof (OJ No. L L77, 16.3.2012, p.1)

## Amendment of the Animal Feed Regulations (Northern Ireland) 2010N.I.

3.—(1) The Animal Feed Regulations (Northern Ireland) 2010 F10 are amended in accordance with paragraphs (2) to (4).                  

(2) In regulation 2 (interpretation) —

(a)omit the definition of Regulation 242/2010 in paragraph (1); and                  

(b)for paragraph (3) substitute —                  

“(3)Any reference to an Annex to Directive 82/475, Directive 2002/32, Directive 2008/38 or Regulation 767/2009 is a reference                        to that Annex as it may be amended from time to time.”.                  

(3) For regulation 4(1) (enforcement of requirements of Regulation 767/2009), substitute —

### 

“4.—(1)Subject to the transitional provisions contained in Article 32, any person who —                  

(a)contravenes or fails to comply with the provisions of Regulation 767/2009 specified in Schedule 1; or                  

(b)places on the market or uses any feed that fails to comply with Article 6(1) or 8, is guilty of an offence.”.                  

(4) For Schedule 1 (specified provisions of Regulation 767/2009) substitute Schedule 2 to these Regulations.

F10S.R. 2010 No. 355

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 12th December 2013.

L.S.

Linda Devlin

 A senior officer of the

Department of Health, Social Services and Public Safety

 Regulation 2(5)

## SCHEDULE 1N.I.

 Regulation 14

### “SCHEDULE 2N.I.FEES PAYABLE FOR APPROVALS

 Regulation 3(4)

## SCHEDULE 3N.I.

 Regulation 4(1)

### “SCHEDULE 1N.I.Specified Provisions of Regulation 767/2009

## Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the execution and enforcement of Commission Regulation (EU) No. 225/2012 amending Annex II to                        Regulation (EC) No. 183/2005 of the European Parliament and of the Council as regards the approval of establishments placing on the market, for feed use,                        products derived from vegetable oils and blended fats and as regards the specific requirements for production, storage, transport                        and dioxin testing of oils, fats and products derived thereof (OJ No. L L77, 16.3.2012, p.1) (“Regulation 225/2012”).                     

These Regulations amend the Feed (Hygiene and Enforcement) Regulations 2005 (S.R. 2005 No. 546) by —

amending the definition of Regulation (EC) No 183/2005 so that it includes the amendments made by Regulation 225/2012 (*regulation 2(2)*);                              

providing that any reference in S.R. 2005 No. 546 to an Annex to Regulation (EC) No 183/2005 is to be construed as a reference to that Annex as it may be amended from time to time (*regulation 2(3)*);                              

designating the competent authorities for the purposes of enforcing certain provisions of Regulation 225/2012 (*regulation 2(4)*); and                              

providing for the fee to be paid for approval of specified establishments (*regulation 2(5) and Schedule 1*).                              

These Regulations also amend the Animal Feed Regulations (Northern Ireland) 2010 (S.R. 2010 No. 355) by —

removing references to an EU instrument which has been repealed (regulation 3(2)); and

clarifying the drafting of enforcement provisions relating to Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed (OJ No. L229, 1.9.2009, p.1) (regulation                                 3(3) and (4) and Schedule 2).