Statutory Instruments made by the National Assembly for Wales

"the Act" means the Agriculture Act 1970;

(a) feedingstuffs; and

(b) feed materials to be sampled pursuant to Directive 2002/70/EC,

are to be taken, prepared, marked, sealed and fastened shall be as prescribed in Schedule 1."

(a) Part IV of the Act shall have effect as if  - 


(i) in section 66(1), immediately after the definition of "pet animal" there were inserted the following definition  - 

     "point 4 compliant laboratory" means a laboratory which complies with point 4 of Annex II to Commission Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feeding stuffs;",

(ii) in section 77(1)(a), for the words "the agricultural analyst for the inspector's area" there were substituted the words "a point 4 compliant laboratory",

(iii) in each of sections 77(3) and 78(5), for the words "the agricultural analyst" there were substituted the words "a point 4 compliant laboratory",

(iv) in section 77(4), for the words "The agricultural analyst shall analyse the part of a sample which is sent to him" there were substituted the words "A point 4 complaint laboratory shall analyse the part of a sample which is sent to it",

(v) section 77(5) were omitted,

(vi) in section 78(3), for the words "agricultural analyst's", in both places where they appear, there were substituted the words "point 4 compliant laboratory's",

(vii) for section 79(4) and (5) there were substituted the following subsections  - 

    " (4) Any analysis required to be made by a point 4 compliant laboratory or the Government Chemist may be made by any person acting under the directions of an analyst at that laboratory or, as the case may be, of the Government Chemist.

    (5) A certificate of analysis by an analyst at a point 4 compliant laboratory shall be signed by that analyst and a certificate of analysis by the Government Chemist shall be signed by him or a person authorised by him to sign the certificate.", and

(viii) in section 79(6), for the words "an agricultural analyst" there were substituted the words "an analyst at a point 4 compliant laboratory";



(b) Part I of Schedule 3 shall have effect as if in the certificate set out there for the words "agricultural analyst for" there were substituted the words "analyst at the"; and

(c) Part II of Schedule 3 shall have effect as if in note (2) for the words "local authority" there were substituted the word "laboratory"."

(a) a feeding stuff;

(b) a premixture to which Part A or Part B of Commission Directive 2002/45/EC establishing Community methods of analysis for the determination of vitamin A, vitamin E and tryphophan in feeding stuffs applies; or

(c) a feed material to which Annex II to Commission Directive 2002/70/EC establishing requirements for the determination of levels of dioxins and dioxin-like PCBs in feeding stuffs applies,

shall be treated as carried out in the prescribed manner for the purposes of sections 77(4) and 78(6) of the Act if  - 

(d) where there is an applicable standard of the kind referred to in the first indent of Article 18.3 of Directive 95/53, analysis is carried out in accordance with that standard; and

(e) where there is no such standard, analysis is carried out in accordance with any scientifically valid method the application of which does not contravene any general principle of the Treaty establishing the European Community.".

(a) any material appearing to him to be a controlled product manufactured, produced, wrapped, packaged, stored or put into circulation, or intended to be put into circulation; or

(b) any material appearing to him to be a controlled product used, or intended to be used, for the purpose of animal feeding,

in the like manner as that prescribed in Part II of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999, the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002 and the Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (Wales) Regulations 2003 and as modified by the Feeding Stuffs (Wales) Regulations 2001; and paragraph 10 of Part II of Schedule 1 to those Regulations as so amended and modified shall have effect for the purposes of the certificate referred to in regulations 102 and 104(2).

    (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 as so amended and modified shall have effect as if  - 

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

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

" (a) cause each part to be marked, sealed and fastened in the like manner as that prescribed in Part III of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999, the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002 and the Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (Wales) Regulations 2003 and as modified by the Feeding Stuffs (Wales) Regulations 2001; and

(b) send one part for analysis to the agricultural analyst for the area of the competent body which authorised the authorised person to carry out the official check in the course of which the sample was taken.".

(a) of a class or description listed in column 1 of Annex I to Part II of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999, the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002 and the Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (Wales) Regulations 2003 and as modified by the Feeding Stuffs (Wales) Regulations 2001; or

(b) to which the method of analysis specified in Annex II or as the case may be III to Part II of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 as so amended and modified relates,

is present or active in it, or what quantity or proportion of such a substance is present or active in it, the provisions specified in Part I of Schedule 2 to those Regulations as so amended and modified, under the heading "GENERAL PROVISIONS" shall have effect, in the like manner as they have effect under those Regulations as so amended and modified in relation to feeding stuffs, and  - 

(c) in relation to a substance of a class or description listed (whether by itself or by reference to its activity) in column 1 of Annex I to Part II of Schedule 2 to those Regulations as so amended and modified, the relevant method of analysis set out in the Community provision specified in the corresponding entry in column 2 of that Annex shall be used; and

(d) in relation to a substance to which the method of analysis specified in Annex II or as the case may be III to Part II of Schedule 2 to those Regulations as so amended and modified relates, the method of analysis applicable to that substance shall be used,

and where more than one Community provision is specified in column 2 of Annex I to Part II of Schedule 2 to those Regulations as so amended and modified in relation to the same substance, the notes to that Annex shall have effect to specify which is the relevant method.".