Statutory Instruments 1999 No. 1872
The Feeding Stuffs (Establishments and intermediaries) Regulations 1999 - continued

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Importation of certain premixtures referred to in Article 2.2(b) of Directive 95/69
     72. No person shall import into the United Kingdom from a third country, a premixture which contains additives of any kind referred to in the fourth or fifth indents of Chapter I.2(a) of the Annex, manufactured in a third country, but does not contain a zootechnical additive, unless the premixture was manufactured on a UK approved or permitted third country Article 2.2(b) establishment, or an EC approved or permitted third country Article 2.2(b) establishment.

Importation of premixtures referred to in Article 7.2(b) of Directive 95/69
     72. No person shall import into the United Kingdom from a third country, a premixture which contains additives of any kind (other than copper, selenium, vitamin A and vitamin D) referred to in Chapter II(a) of the Annex, but does not contain an additive of any kind referred to in Chapter 1.2(a) of the Annex, manufactured in a third country, unless the premixture was manufactured on a UK registered or permitted third country Article 7.2(b) establishment, or an EC registered or permitted third country Article 7.2(b) establishment.



PART IX

CONTROL OF DIRECTIVE 82/471 PRODUCTS

Manufacture of Directive 82/471 products referred to in Article 2.2(a) of Directive 95/69
     74. No person shall manufacture a Directive 82/471 product, of any kind referred to in Chapter I.1(a) of the Annex, with a view to putting it into circulation, except on a UK approved or permitted Article 2.2(a)(P) establishment.

Further control of manufacture of Directive 82/471 products to which regulation 74 applies
     75. No person shall manufacture a Directive 82/471 product of any kind to which regulation 74 applies on a UK approved Article 2.2(a)(P) establishment, with a view to putting it into circulation, unless he fulfils the essential conditions contained or referred to in Chapter I.1(b) of the Annex.

Wrapping, packaging and storage by intermediaries of Directive 82/471 products referred to in Article 3.1 of Directive 95/69
     76. No intermediary shall wrap, package or store a Directive 82/471 product of any kind referred to in Chapter I.1(a) of the Annex, other than a UK approved or permitted Article 3.1(P) intermediary.

Further control of wrapping, packaging or storing by intermediaries of Directive 82/471 products to which regulation 76 applies
     77. No UK approved Article 3.1(P) intermediary shall wrap, package or store a Directive 82/471 product of any kind to which regulation 76 applies, unless he fulfils the essential conditions contained or referred to in point 7 of Chapter I.1(b) of the Annex.

Putting into circulation by intermediaries of Directive 82/471 products to which regulation 76 applies
     78. No intermediary shall put into circulation a Directive 82/471 product of any kind to which regulation 76 applies, other than an EC or UK approved or permitted Article 3.1(P) intermediary.

Further control of putting into circulation by intermediaries of Directive 82/471 products to which regulation 76 applies
     79. No EC or UK approved Article 3.1(P) intermediary shall put into circulation a Directive 82/471 product of any kind to which regulation 76 applies, unless he fulfils the essential conditions contained or referred to in point 7 of Chapter I.1(b) of the Annex.

Putting into circulation certain Directive 82/471 products
     80. No person shall put into circulation a Directive 82/471 product, of any kind referred to in Chapter I.1(a) of the Annex, except a product of any such kind manufactured on - 

    (a) a UK approved or permitted Article 2.2(a)(P) establishment,

    (b) an EC approved or permitted Article 2.2(a)(P) establishment,

    (c) a UK approved or permitted third country Article 2.2(a)(P) establishment, or

    (d) an EC approved or permitted third country Article 2.2(a)(P) establishment.

Importation of Directive 82/471 products referred to in Article 2.2(a) of Directive 95/69
     81. No person shall import into the United Kingdom from a third country, a Directive 82/471 product of any kind referred to in Chapter I.1(a) of the Annex, manufactured in a third country, unless it was manufactured on a UK approved or permitted third country Article 2.2(a)(P) establishment, or an EC approved or permitted third country Article 2.2(a)(P) establishment.



PART X

CONTROL OF COMPOUND FEEDING STUFFS

Manufacture of compound feeding stuffs referred to in Article 2.2(d) of Directive 95/69
     82. No person shall manufacture a compound feeding stuff of any kind the manufacture of which is regulated by Article 2.2(d) of Directive 95/69, with a view to putting it into circulation, except on a UK approved or permitted Article 2.2(d) establishment.

Further control of manufacture of compound feeding stuffs to which regulation 82 applies
     83. No person shall manufacture a compound feeding stuff of any kind to which regulation 82 applies on a UK approved Article 2.2(d) establishment, with a view to putting it into circulation, unless he fulfils the essential conditions contained or referred to in Chapter I.4 of the Annex.

Production of compound feeding stuffs referred to in Article 2.2(f) of Directive 95/69
     84. No person shall produce, for the exclusive requirements of his holding, a compound feeding stuff of any kind the production of which is regulated by Article 2.2(f) of Directive 95/69, except on a UK approved or permitted Article 2.2(f) establishment.

Further control of production of compound feeding stuffs to which regulation 84 applies
     85. No person shall produce, for the exclusive requirements of his holding, a compound feeding stuff of any kind to which regulation 84 applies on a UK approved Article 2.2(f) establishment, unless he fulfils the essential conditions contained or referred to in points 1 to 6.2 of Chapter I.4 of the Annex.

Manufacture of compound feeding stuffs containing premixtures of additives referred to in Chapter II(b) of the Annex to Directive 95/69
     86. No person shall manufacture a compound feeding stuff containing a premixture which contains additives of any kind referred to in Chapter II(b) of the Annex, but does not contain a zootechnical additive, with a view to putting it into circulation, except on a UK registered or permitted Article 7.2(c)(PA) establishment.

Further control of manufacture of compound feeding stuffs to which regulation 86 applies
     87. No person shall manufacture a compound feeding stuff of the kind to which regulation 86 applies on a UK registered Article 7.2(c)(PA) establishment, with a view to putting it into circulation, unless he fulfils the essential conditions contained or referred to in Chapter II(c) of the Annex.

Production of compound feeding stuffs containing premixtures of additives referred to in Chapter II(b) of the Annex to Directive 95/69
     88. No person shall produce, for the exclusive requirements of his holding, a compound feeding stuff containing a premixture which contains additives of any kind referred to in Chapter II(b) of the Annex, but does not contain a zootechnical additive, except on a UK registered or permitted Article 7.2(d)(PA) establishment.

Further control of production of compound feeding stuffs to which regulation 88 applies
     89. No person shall produce, for the exclusive requirements of his holding, a compound feeding stuff of the kind to which regulation 88 applies on a UK registered Article 7.2(d)(PA) establishment, unless he fulfils the essential conditions contained or referred to in Chapter II(c) of the Annex.

Manufacture of compound feeding stuffs containing additives referred to in Chapter II(a) of the Annex to Directive 95/69
     90. No person shall manufacture, with a view to putting it into circulation, a compound feeding stuff which contains an additive of any kind (other than copper, selenium, vitamin A and vitamin D) referred to in Chapter II(a) of the Annex, but does not contain an additive of any kind referred to in Chapter I.2(a) of the Annex, except on a UK registered or permitted Article 7.2(c)(A) establishment.

Further control of manufacture of compound feeding stuffs to which regulation 90 applies
     91. No person shall manufacture a compound feeding stuff of the kind to which regulation 90 applies on a UK registered Article 7.2(c)(A) establishment, with a view to putting it into circulation, unless he fulfils the essential conditions contained or referred to in Chapter II(c) of the Annex.

Production of compound feeding stuffs containing additives referred to in Chapter II(a) of the Annex to Directive 95/69
     92. No person shall produce, for the exclusive requirements of his holding, a compound feeding stuff which contains an additive of any kind (other than copper, selenium, vitamin A and vitamin D) referred to in Chapter II(a) of the Annex, but does not contain an additive of any kind referred to in Chapter I.2(a) of the Annex, except on a UK registered or permitted Article 7.2(d)(A) establishment.

Further control of production of compound feeding stuffs to which regulation 92 applies
     93. No person shall produce, for the exclusive requirements of his holding, a compound feeding stuff of the kind to which regulation 92 applies on a UK registered Article 7.2(d)(A) establishment, unless he fulfils the essential conditions contained or referred to in Chapter II(c) of the Annex.

Importation of compound feeding stuffs referred to in Article 2.2(d) of Directive 95/69
     94. No person shall import into the United Kingdom from a third country, a compound feeding stuff of any kind the manufacture of which is regulated by Article 2.2(d) of Directive 95/69, manufactured in a third country, unless it was manufactured on a UK approved or permitted third country Article 2.2(d) establishment, or an EC approved or permitted third country Article 2.2(d) establishment.

Importation of compound feeding stuffs containing premixtures of additives referred to in Chapter II(b) of the Annex to Directive 95/69
     95. No person shall import into the United Kingdom from a third country, a compound feeding stuff containing a premixture which contains additives of any kind referred to in Chapter II(b) of the Annex, manufactured in a third country, but does not contain a zootechnical additive, unless it was manufactured on a UK registered or permitted third country Article 7.2(c)(PA) establishment, or an EC registered or permitted third country Article 7.2(c)(PA) establishment.

Importation of compound feeding stuffs containing additives referred to in Chapter II(a) of the Annex to Directive 95/69
     96. No person shall import into the United Kingdom from a third country, a compound feeding stuff which contains an additive of any kind (other than copper, selenium, vitamin A and vitamin D) referred to in Chapter II(a) of the Annex, but does not contain an additive of any kind referred to in Chapter 1.2(a) of the Annex, manufactured in a third country, unless it was manufactured on a UK registered or permitted third country Article 7.2(c)(A) establishment, or an EC registered or permitted third country Article 7.2(c)(A) establishment.



PART XI

ENFORCEMENT

Official checks and enforcement
     97.  - (1) Subject to paragraph (2), it shall be the duty of the competent body to enforce these Regulations and carry out official checks for that purpose.

    (2) Nothing in these Regulations shall be taken as authorising any competent body in Scotland to institute proceedings for an offence.

Powers of authorised persons
     98.  - (1) An authorised person may exercise the powers specified in this regulation for the purposes of - 

    (a) carrying out official checks, and

    (b) ascertaining whether an offence under regulation 107(a) or (b) has been or is being committed.

    (2) An authorised person shall have the right at all reasonable times, and on producing, if requested to do so, some duly authenticated document showing his authority, to enter - 

    (a) any premises on which he has reasonable cause to believe that a controlled product has been, or is being, manufactured or produced, or is being kept for the purpose of being put into circulation, incorporated in another product or used, and

    (b) any premises (not being premises appearing to be used only as a dwelling) on which he has reasonable cause to believe that there is any controlled product which the occupier of the premises has in his possession or under his control.

    (3) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any such premises as are mentioned in paragraph (2), for any such purpose as is mentioned in paragraph (1), and either - 

    (a) that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or

    (b) that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,

    the justice may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.

    (4) Every warrant granted under this regulation shall continue in force for a period of one month.

    (5) In the application of paragraph (3) - 

    (a) to Scotland, any reference to a justice of the peace includes a reference to the sheriff and to a magistrate, and

    (b) to Northern Ireland, the reference to a sworn information in writing includes a reference to a sworn complaint in writing.

    (6) An authorised person entering premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons and such equipment as may appear to him to be necessary for the purposes mentioned in sub-paragraphs (a) and (b) of paragraph (1), and on leaving any unoccupied premises which he has entered by virtue of such a warrant, shall leave them as effectively secured against unauthorised entry as he found them.

    (7) An authorised person entering premises by virtue of this regulation, or of a warrant issued under it, shall have the right to inspect - 

    (a) any material appearing to him to be a controlled product,

    (b) any article appearing to him to be a container or package used or intended to be used to wrap, package or store any such product, or to be a label used or intended to be used in connection with any such product, or

    (c) any plant or equipment appearing to him to be used, or intended to be used, in connection with the manufacture or production of a controlled product, and any process of manufacture or production of such a product, and any means employed, at any stage in the process of manufacture or production, for testing the product after it has been subject to those processes.

    (8) Subject to paragraph (9), an authorised person entering premises by virtue of this regulation, or of a warrant issued under it, shall have the right to take on those premises, and prepare, a sample of - 

    (9) For the purposes of this Part of these Regulations, the provisions of regulation 3 and Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 or, as the case may be, of regulation 3 and Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999[17], shall have effect as if - 

    (a) for all references to "feeding stuff" or to "feeding stuffs" there were substituted references to "controlled product" or "controlled products" respectively, and

    (b) in paragraph 1 of Part II of Schedule 1 to the Regulations concerned, the expression ", except where section 68(2)(b) of the Act applies" were omitted.

    (10) Where, for the purpose of taking a sample pursuant to paragraph (8), an authorised person takes some of it from each of one or more containers of the product, which are exposed for sale by retail, and none of which weighs more than six kilograms, the owner of the container or containers may require the authorised person to purchase the container or containers on behalf of the competent body for whom he acts.

    (11) An authorised person entering premises by virtue of this regulation, or of a warrant issued under it, shall have the right - 

    (a) to require any person carrying on, or appearing to be carrying on, a business which consists of or includes the manufacture, production, wrapping, packaging, storage, putting into circulation, or use of a controlled product, or any person employed in connection with such a business, to produce any record (in whatever form it is held) relating to or arising out of the exercise in the course of that business of any such activity, and which is in his possession or under his control, and

    (b) to inspect and take copies of any record, or of any entry in any record, produced in pursuance of the preceding sub-paragraph.

    (12) An authorised person exercising the power conferred by paragraph (11) in respect of a record held by means of a computer - 

    (a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and associated apparatus or material which is or has been, or which it appears is or has been, in use in connection with the record in question;

    (b) may require - 

      (i) the person by whom or on whose behalf the computer is or has been so used, or

      (ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

      to afford the authorised person such reasonable assistance as he may require for that purpose; and

    (c) may require the record, or an extract from the record, to be produced in a form in which it may be taken away.

    (13) An authorised person entering premises by virtue of this regulation, or of a warrant issued under it, shall have the right to seize and detain any product which he has reasonable cause to believe to be a controlled product in relation to which, or by means of which, it appears that an offence under these Regulations is being or has been committed, and any record which he has reasonable cause to believe to be a record which may be required as evidence in proceedings under these Regulations.

Division of samples
     99. Where, in accordance with these Regulations, an authorised person obtains a sample, and decides to have it analysed for the purpose of ascertaining whether there is or has been any contravention of any provision of these Regulations in connection with a controlled product, he shall divide the sample into three parts, of as near as may be equal size and shall - 

Supply of part of sample to manufacturer
     100. If the person who manufactured any material of which an authorised person has taken a sample is not a person to whom part of the sample is required to be sent under regulation 99, that regulation shall have effect as if, for the reference to three parts, there were substituted a reference to four parts, and the authorised person shall send the fourth part to the manufacturer, unless he does not know the manufacturer's name, or any address of his in the United Kingdom, and is unable, after making reasonable enquiries, to ascertain the name or, as the case may be, any such address, before the expiration of fourteen days from the date when the sample was taken.

Statement to accompany sample
     101. There shall be sent, with the part of the sample sent to the agricultural analyst pursuant to regulation 99, a statement signed by the authorised person that the sample was taken in the manner referred to in regulation 98(8).

Analysis by the Agricultural analyst
     102. The agricultural analyst shall analyse the part of the sample sent to him under regulation 99, and send a certificate of the analysis, completed in the form set out in Schedule 2, and in accordance with the notes set out in that Schedule, to the authorised person, who shall send a copy to - 

Alternative arrangements for carrying out analyses
     103. If the agricultural analyst to whom a sample is sent for analysis under regulation 99 determines that an effective analysis of the sample cannot be made by him or under his direction, he shall send it to the agricultural analyst for another area or, in Northern Ireland, to another agricultural analyst in Northern Ireland, together with any documents received by him with the sample, and thereupon regulation 102 shall apply, as if the sample had originally been sent to that other agricultural analyst.

Further analysis of samples
     104.  - (1) Where a part of a sample sent to an agricultural analyst pursuant to regulation 99 has been analysed, and it is intended to institute proceedings, or proceedings have been commenced, against a person for an offence under regulation 107(a) or (b), and it is intended to adduce, on behalf of the prosecution, evidence of the result of the analysis of that part of the sample, the defendant, for the purpose of obtaining a second opinion, may request the authorised person to send the retained part of the sample for analysis to - 

    (2) Where a defendant requests the authorised person to send the retained part of the sample to the Government Chemist or, as the case may be, the Chief Agricultural Analyst, pursuant to paragraph (1), the following procedure shall (subject to paragraph (3)), be followed - 

    (3) The authorised person may in any case give notice in writing to the defendant requesting payment of a fee specified in the notice in respect of performance of the functions specified in paragraph (2)(b) and, if the fee so specified exceeds neither - 

    (4) In this regulation "defendant" includes a prospective defendant.

Default powers of the Minister of Agriculture, Fisheries and Food
     105. For the purposes of this Part of these Regulations, if the Minister is of opinion that, in any area within Great Britain, these Regulations have been - 

Methods of analysis
     106.  - (1) Subject to paragraph (2) below for the purpose of determining, by means of analysis of a part of a sample taken in the course of the carrying out of official checks, whether a substance - 

    (2) After 31st October 1999, paragraph (1) above shall cease to apply to the following substances listed in column 1 of Annex I to Part II of Schedule 2 to the Regulations concerned - 

    (3) For the purpose of determining, by means of analysis as aforesaid, whether a substance other than one to which paragraph (1) applies is present or active in the part of a sample concerned, or what quantity or proportion of such a substance is present or active therein - 



Notes:

 [15] S.I. 1999/1663, amended by S.I. 1999/1871.back

[16] S.R. 1999/296.back

[17] S.R. 1999/296.back


 
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