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(1) These Regulations may be cited as the Feeding Stuffs (Scotland) Amendment and the Feeding Stuffs (Sampling and Analysis) Amendment (Scotland) Regulations 2006 and shall come into force on 16th February 2006.
(2) These Regulations extend to Scotland only.
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(1) In Schedule 5 (prescribed limits for undesirable substances) to the Feeding Stuffs (Scotland) Regulations 2005, Chapter A is amended in accordance with paragraphs (2) to (4).
(2) In relation to the entries for fluorine–
(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”.
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(1) The Feeding Stuffs (Sampling and Analysis) Regulations 1999 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”.
(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.”.
(4) In Schedule 2, Part I (general provisions), at the end, insert–“
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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 (“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