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

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Welsh Statutory Instruments

# 2013 No. 3207 (W. 317)

Agriculture, Wales

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

Made

18 December 2013

Laid before the National Assembly for Wales

19 December 2013

Coming into force

12 January 2014

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by section 2(2) of and paragraph                           1A of Schedule 2 to the European Communities Act 1972 F1.                        

The Welsh Ministers are designated for the purposes of that section in relation to measures relating to the common agricultural                           policy of the European Union F2, measures in the veterinary and phytosanitary fields for the protection of public health F3 and measures relating to feed produced for or fed to food-producing animals F4, as read with paragraph 1A of Schedule 2 to that Act.                        

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears                           to the Welsh Ministers 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 F5.                        

F11972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51) and has been amended by section 3(3) of and the Schedule to the European Union (Amendment) Act 2008 (2008 c.7).

F2S.I. 2010/2690.

F3S.I. 2008/1792.

F4S.I. 2005/1971.

F5OJ 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).

## Title and commencementE+W

1.  The title of these Regulations is the Feed (Hygiene and Enforcement) and the Animal Feed (Wales) (Amendment) Regulations 2013,                     they apply in relation to Wales and come into force on 12 January 2014.                  

## Amendment of the Feed (Hygiene and Enforcement) (Wales) Regulations 2005E+W

2.—(1) The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 F6 are amended in accordance with paragraphs (2) to (5).                  

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

“Regulation 183/2005” *(“Rheoliad 183/2004*”) means Regulation (EC) No. 183/2005 of 12 January 2005 laying down requirements for feed hygiene F7;.                     

(3) After paragraph (4) of regulation 2, add the following paragraph —

“(5)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 the following regulation —

### 

“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 the content of Schedule 2 (fees payable for approvals) substitute the content of Schedule 1 to these Regulations.

F6S.I. 2005/3368. This instrument has been amended by S.I. 2006/3256 (W.296), S.I. 2009/3376 (W.298), S.I. 2010/2287 (W.199) and SI. 2010/2652 (W.220).

F7This Regulation was last amended by 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).

## Amendment of the Animal Feed (Wales) Regulations 2010E+W

3.—(1) The Animal Feed (Wales) Regulations 2010 F8 are amended in accordance with paragraphs (2) to (4).                  

(2) In regulation 2 (interpretation and scope) —

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

(b)for paragraph (3) substitute the following paragraph —                  

“(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 paragraph (1) of regulation 4 (enforcement of requirements of Regulation 767/2009), substitute the following paragraph                     —                  

### 

“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 the content of Schedule 1 (specified provisions of Regulation 767/2009) substitute the content of Schedule 2 to these                     Regulations.                  

F8S.I. 2010/2652 (W.220).

Mark Drakeford

 Minister for Health and Social Services, one of the Welsh Ministers

18 December 2013

 Regulation 2(5)

## SCHEDULE 1E+W

### “SCHEDULE 2E+WFEES PAYABLE FOR APPROVALS

 Regulation 3(4)

## SCHEDULE 2E+W

 Regulation 4(1)

### “SCHEDULE 1E+WSpecified Provisions of Regulation 767/2009

## Explanatory Note

(This note is not part of the Regulations)

1.  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. L77, 16.3.2012, p.1) (“Regulation 225/2012”).E+W

2.  These Regulations amend the Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368 (W.265)) by —E+W

(a)re-stating the definition of Regulation (EC) No 183/2005 so that, by virtue of section 20A of the Interpretation Act 1978, it includes the amendments made by Regulation 225/2012                        (*regulation 2(2)*);

(b)providing that any reference in S.I. 2005/3280 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)*);

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

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

3.  These Regulations also amend the Animal Feed (Wales) Regulations 2010 (S.I. 2010/2652 (W.220)) by —E+W

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

(b)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*).

4.  The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these                     Regulations. As a result, a regulatory assessment has been prepared as to the likely costs and benefits of complying with                     these Regulations. A copy can be obtained from the Food Standards Agency at Food Standards Agency Wales, 11th Floor, Southgate                     House, Wood Street, Cardiff, CF10 1EW.E+W