AGRICULTURE, WALES PART 1 Introductory and general Title, application and commencement 1 The title of these Regulations is the Animal Feed (Wales) Regulations 2010, they apply in relation to Wales and come into force on 23 November 2010. Interpretation and scope 2 1 In these Regulations— “ the Act ” (“ y Ddeddf ”) means the Agriculture Act 1970; “ Directive 82/475 ” (“ Cyfarwyddeb 82/475 ”) means Commission Directive 82/475/EEC laying down the categories of feed materials which may be used for the purposes of labelling compound feedingstuffs for pet animals ; “ Directive 2002/32 ” (“ Cyfarwyddeb 2002/32 ”) means Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed ; “ Regulation 1831/2003 ” (“ Rheoliad 1831/2003 ”) means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition ; “ Directive 2008/38 ” (“ Cyfarwyddeb 2008/38 ”) means Commission Directive 2008/38/EC establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes ; “ Regulation 767/2009 ” (“ Rheoliad 767/2009 ”) means Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC , Commission Directive 80/511/EEC , Council Directives 82/471/EEC , 83/228/EEC , 93/74/EEC , 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC ; ... “ feed authority ” (“ awdurdod bwyd anifeiliaid ”) means an authority identified in section 67(1A) of the Act as having the duty to enforce Part IV of the Act within its area. 2 Any expression used in these Regulations and in Regulation 1831/2003 or Regulation 767/2009 has the meaning in these Regulations that it bears in the Regulation concerned. 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. 4 These Regulations do not apply to any feed additive in category (d) or (e) of Article 6(1) of Regulation 1831/2003, with the exception of those in the functional groups listed in paragraph 4(a), (b) and (c) of Annex I to that Regulation . PART 2 Marketing and use of feed Interpretation of this Part and Schedule 1 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement of requirements of Regulation 767/2009 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Competent authorities for the purposes of Regulation 767/2009 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Feed additives Interpretation of this Part 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement of requirements of Regulation 1831/2003 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4 Undesirable substances in feed Interpretation of this Part 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Control of animal feeds containing undesirable substances 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 5 Feeds for particular nutritional purposes Interpretation of this Part 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Control of feed intended for particular nutritional purposes 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6 Administration and enforcement Penalties for offences under these Regulations 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties to enforce 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7 Amendments and modifications of the Agriculture Act 1970 Amendments and modifications of the Agriculture Act 1970 14 1 The Act is amended or modified, as the case may be, in accordance with paragraphs (2) to (9). 2 In section 66 (interpretation of Part IV)— a in subsection (1), after the definition of Regulation (EC) No 178/2002 insert the following definitions— “ Regulation (EC) No 1831/2003 ” means Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition; “ Regulation (EC) No 767/2009 ” means Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC , Commission Directive 80/511/EEC , Council Directives 82/471/EEC , 83/228/EEC , 93/74/EEC , 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC ; ; and b for subsection (2) substitute the following— 2 For the purposes of this Part of this Act material shall be treated as sold for use as a fertiliser or feeding stuff whether it is sold to be so used by itself or as an ingredient in something which is to be so used. . 3 In section 68 (duty of seller to give statutory statement)— a after subsection (5) insert the following subsection— 5A Nothing in subsections (1) to (5) applies to anyone to whom the requirements of Article 16 of Regulation (EC) No 1831/2003 (labelling and packaging of feed additives and premixtures) or of Chapter 4 of Regulation (EC) No 767/2009 (labelling, presentation and packaging) apply. ; b after subsection (6) add the following subsection— 7 Failure to comply with the labelling requirements of Article 16 of Regulation (EC) No 1831/2003 or of Chapter 4 of Regulation (EC) No 767/2009 shall not invalidate a contract of sale, but such labelling shall, regardless of any contract or notice to the contrary, have effect as a warranty by the person who gives it that the particulars contained in it are correct. . 4 In section 69 (marking of material prepared for sale), in subsection (1) omit the words “or feeding stuff”. 5 In section 70 (use of names or expressions with prescribed meanings)— a subsection (1)(a) in so far as it applies in relation to feeding stuffs applies as if the expression “under Regulation (EC) No 767/2009 ” were substituted for the expression “by regulations made for the purposes of this section”; and b after subsection (5) add the following subsection— 6 Nothing in subsections (2) to (4) of this section shall apply to anyone to whom the labelling requirements of Regulation (EC) No 767/2009 apply. . 6 In section 71 (particulars to be given of certain attributes if claimed to be present)— a subsection (4) in so far as it applies in relation to feeding stuffs applies as if— i the expression “the requirements of Article 13 of Regulation (EC) No 767/2009 ” were substituted for the expression “subsection (1) of this section”; and ii “that Article” were substituted for “that subsection”; b after subsection (5) add the following subsection— 6 Nothing in subsections (1) to (3) of this section shall apply to anyone to whom Article 13 (claims) of Regulation (EC) No 767/2009 applies. . 7 Sections 73 and 73A cease to have effect. 8 In section 74 (limits of variation) after subsection (2) add the following subsection— 3 Nothing in subsection (2) shall apply to anyone to whom Article 11(5) and Annex IV (permitted tolerances) of Regulation (EC) No 767/2009 applies. . 9 In section 74A, subsection (3) does not apply to regulations concerning feed. PART 8 Amendments to Regulations Amendment of the Feed (Hygiene and Enforcement) (Wales) Regulations 2005 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Official Feed and Food Controls (Wales) Regulations 2009 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revocations ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gwenda Thomas Deputy Minister for Social Services, under authority of the Minister for Health and Social Services, one of the Welsh Ministers