
2005 No.3362(S.11)
AGRICULTURE, SCOTLAND
The Feeding Stuffs (Application to Zootechnical Additives etc.) (Scotland) Regulations 2005
Made 7th December 2005
Laid before Parliament 12th December 2005
Coming into force 3rd January 2006
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 66(1), 68(1) and (1A), 69(1) and (3), 70(1), 71(1), 74(1), 74A, 77(4), 78(6), 79(1), (2) and (9), and 84 of the Agriculture Act 1970  (as read with Articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002) .In so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above, the Secretary of State makes these Regulations in exercise of her powers as a Minister designated for the purposes of section 2(2) of the European Communities Act 1972  in relation to measures relating to food (including drink) including the primary production of food and measures relating to feed produced for or fed to food-producing animals , the common agricultural policy of the European Community , measures in the veterinary and phytosanitary fields for the protection of public health  and the control and regulation of genetically modified organisms .There has been consultation in accordance with the requirements of section 84(1) of the Agriculture Act 1970 or as appropriate 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 .
Title, application and commencement
1 
These Regulations—
(a) may be cited as the Feeding Stuffs (Application to Zootechnical Additives etc.) (Scotland) Regulations 2005;
(b) apply in relation to Scotland only; and
(c) come into force on 3rd January 2006.
Interpretation
2 
In these Regulations—
 “the Act” means the Agriculture Act 1970;
 “additive” means a feed additive to which the Additives Regulation applies that is not an excluded additive;
 “the Additives Regulation” means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition ;
 “excluded additive” means any of the following—
(a) coccidiostats;
(b) histomonostats; or
(c) any zootechnical additive falling within category (d) of Article 6(1) of the Additives Regulation;
 “the Feed Hygiene Regulations” means the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 ;
 “the Feeding Stuffs Regulations” means the Feeding Stuffs (Scotland) Regulations 2005 ;
 “quasi-medicinal additive” means an excluded additive which is not a non-medicinal zootechnical additive;
 “non medicinal zootechnical additive” means a product falling within category (d) of Article 6(1) of the Additives Regulation that is either—
(d) a digestibility enhancer;
(e) a gut flora stabiliser; or
(f) a substance incorporated with the intention of favourably affecting the environment;
 “non medicinal zootechnical premixture” is a premixture within the meaning given by Article 2(2)(e) of the Additives Regulation, excluding—
(g) any premixture as defined below, and
(h) any mixture consisting solely of a combination of quasi-medicinal additives;
 “the OFFC Regulations” means the Official Feed and Food Controls (Scotland) Regulations 2005 ; and
 “premixture” has the meaning given by Article 2(2)(e) of the Additives Regulation, excluding any mixture consisting solely of a combination of excluded additives.
Application of the Genetically Modified Animal Feed (Scotland) Regulations 2004 to non-medicinal zootechnical additives
3 
The Genetically Modified Animal Feed (Scotland) Regulations 2004  shall apply to non-medicinal zootechnical additives as they apply to additives.
Application of the Feeding Stuffs (Scotland) Regulations 2005 to non medicinal zootechnical additives
4 
The Feeding Stuffs Regulations shall apply to—
(a) non medicinal zootechnical additives as they apply to additives; and
(b) non medicinal zootechnical premixtures as they apply to premixtures.
Application of the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 to non-medicinal zootechnical additives
5 
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Secondary analysis by the Government Chemist
6 
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Application of the Official Feed and Food Controls (Scotland) Regulation 2005 to non-medicinal zootechnical additives
7 

(1) The OFFC Regulations shall apply to—
(a) the Act and the Feeding Stuffs (Sampling and Analysis) Regulations 1999 in so far as the Act and those Regulations apply to non medicinal zootechnical additives and non medicinal zootechnical premixtures, and
(b) the Genetically Modified Animal Feed (Scotland) Regulations 2004, the Feeding Stuffs Regulations and the Feed Hygiene Regulations as those regulations are modified by these Regulations,
in the same way as the OFFC Regulations apply to relevant feed law as that expression is defined in those Regulations.
(2) Part 3 of the OFFC Regulations (official controls on feed and food of non animal origin from third countries) shall apply to—
(a) non medicinal zootechnical additives as it applies to additives; and
(b) non medicinal zootechnical premixtures as it applies to premixtures.
Revocations
8 
The Regulations listed in the Schedule to these Regulations are revoked in so far as they apply in relation to Scotland and to non medicinal zootechnical additives or non medicinal zootechnical premixtures.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
7th December 2005
SCHEDULE
REVOCATIONS
Regulation 8

The Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 

The Feeding Stuffs (Enforcement) Regulations 1999 

The Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations 2004 