
1 
These Regulations may be cited as the Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013 and come into force on 12th January 2014.
2 

(1) The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 are amended in accordance with paragraphs (2) to (4).
(2) In regulation 2 (interpretation)—
(a) in paragraph (1) for the definition of “Regulation 183/2005” substitute—“
 “Regulation 183/2005” means Regulation (EC) No 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene;”; and
(b) after paragraph (4) insert—“
(5) Any reference in these Regulations to an Annex to Regulation 183/2005 is a reference to that Annex as amended from time to time.”.
(3) For regulation 4 (competent authorities) substitute—“
4. 

(1) The competent authorities for the purposes 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 feed authority;
(b) in respect of Articles 7, 9(2), 10, 13, 14, 15, 16, 17, 18(1), (2) and (4) and 19(2), the feed 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 feed authority; and
(b) in respect of paragraph 7, the feed authority and the Agency.”.
(4) For Schedule 2 (fees payable for approval) substitute the Schedule 2 in Schedule 1 to these Regulations.
3 

(1) The Animal Feed (Scotland) Regulations 2010 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—“
(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—“
(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,
commits an offence.”.
(4) For Schedule 1 (specified provisions of Regulation 767/2009) substitute the Schedule 1 in Schedule 2 to these Regulations.
4 
In the Feed (Hygiene and Enforcement) (Scotland) Amendment Regulations 2009, omit regulation 2(3) (amendment of the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005).
RICHARD LOCHHEAD
A member of the Scottish Government
St Andrew’s House,
Edinburgh
27th November 2013
SCHEDULE 1
Regulation 2(4)
“
SCHEDULE 2
Regulation 14


Activity requiring approval of establishment Fee (£)
Manufacture only, or manufacture and placing on the market, of substances referred to in Article 10(1)(a) or (b) of Regulation 183/2005 other than those feed additives specified in regulation 2(3) of these Regulations, or of premixtures of such additives 451.00
Placing on the market of substances referred to in Article 10(1)(a) or (b) of Regulation 183/2005 other than those feed additives specified in regulation 2(3) of these Regulations, or of premixtures of such additives 226.00
Any of the activities referred to at Point 10 of the Section headed “Facilities and Equipment” in Annex II to Regulation 183/2005 451.00”
SCHEDULE 2
Regulation 3(4)
“
SCHEDULE 1
Regulation 4(1)


Specified provision Subject matter
Article 4(1) & (2), as read with Article 4(3) and Annex I General safety and other requirements to be met when feed is placed on the market or used
Article 5(1) Extension of requirements in relation to feed for food-producing animals in other legislation to apply to feed for non food-producing animals
Article 5(2), as read with Article 12(1), (2) & (3) Obligation on person responsible for labelling to make information available to competent authority
Article 9 Controls on the marketing of feeds for particular nutritional purposes
Article 11, as read with Article 12(1), (2) & (3), Annexes II & IV and the Catalogue of feed materials Rules and principles governing the labelling and presentation of feed
Article 12(4) & (5) Designation of the person responsible for labelling and the obligations and responsibilities of that person
Article 13(1), as read with Article 12(1), (2) & (3) General conditions on making a claim about the characteristics or functions of a feed on the labelling or presentation of it
Article 13(2) & (3), as read with Article 12(1), (2) & (3) Special conditions applying to claims concerning optimisation of the nutrition and support or protection of the physiological conditions
Article 14(1) & (2), as read with Article 12(1), (2) & (3) Requirements for the presentation of the mandatory labelling particulars
Article 15, as read with Article 12(1), (2) & (3), Annex VI and VII and Article 21 General mandatory labelling requirements for feed materials and compound feeds
Article 16, as read with Articles 12(1), (2) & (3) and 21, Annex II and V and the Catalogue of feed materials Specific labelling requirements for feed materials
Article 17(1) & (2), as read with Articles 12(1), (2) & (3) and 21 and Annex II, VI & VII Specific labelling requirements for compound feeds
Article 18, as read with Article 12(1), (2) & (3) Additional labelling requirements for feed for particular nutritional purposes (dietetic feeds)
Article 19, as read with Article 12(1), (2) & (3) Additional labelling requirements for pet food
Article 20(1), as read with Article 12(1), (2) & (3) and Annex VIII Additional requirements for labelling of non-compliant feed, such as that containing contaminated materials
Article 23 Requirements relating to the packaging and sealing of feed materials and compound feeds for placing on the market
Article 24(5) Requirement that if the name of a feed material listed in the Catalogue of feed materials is used, all relevant provisions of the Catalogue must be complied with.
Article 24(6) Obligation on a person who first places on the market a feed material not listed in the Catalogue of feed materials to notify its use
Article 25(4) Requirement that if use of the Community Codes of good labelling practice is indicated on labelling, all relevant provisions of the codes must be complied with”