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	Statutory Instruments of the Scottish Parliament
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    " (7) Paragraphs (8) and (9) shall apply to any person in possession or control for the purposes of a trade or business of any of the following products intended for animal feed-


(a) palm kernel expeller;

(b) feeding stuffs obtained from the processing of fish or other marine animals;

(c) seaweed meal and feed materials derived from seaweed; or

(d) complete feeding stuffs for fish or for fur producing animals.



    (8) Any person referred to in paragraph (7) shall, if requested by an inspector, procure and produce to the inspector an analysis in order to demonstrate that the content of inorganic arsenic in any product intended for animal feed listed in paragraph (7) is within the limit specified in the relevant entry in column 3 of Part I of Schedule 7.

    (9) Any person who without reasonable cause fails to comply with a request made under paragraph (8) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.".

    (3) For regulation 15 (Control of compound feeding stuffs containing prohibited materials) substitute-

" Control of feeding stuffs containing prohibited materials
     15.  - (1) No person shall put into circulation for use as a feeding stuff, or use as a feeding stuff, any material which contains  - 


(a) faeces, urine or separated digestive tract contents resulting from the emptying or removal of the digestive tract, irrespective of any form of treatment or admixture;

(b) hide treated with tanning substances, including its waste;

(c) seeds or other plant propagating materials which, after harvest, have undergone specific treatment with plant protection products for their intended use in propagation, or derived by-products;

(d) wood, including sawdust or other materials derived from wood, which has been treated with wood preservatives as defined in Annex V of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market[4];

(e) subject to paragraph (3), waste (whether or not subjected or to be subjected to further processing) obtained from the treatment of "urban waste water", "domestic waste water", or "industrial waste water" (as those terms are defined in Article 2 of Council Directive 91/271/EEC concerning urban waste water treatment[5]), whatever the origin of the waste water concerned;

(f) solid urban waste, such as household waste, but excluding catering waste as defined by Regulation (EC) 1774/2002 laying down health rules concerning animal by-products not intended for human consumption[6];

(g) packaging and parts of packaging from products used in agriculture or the food industry.



    (2) For the purposes of paragraph (1) "waste" shall have the meaning given in Article 1 of Council Directive 75/442/EEC[7].

    (3) For the purposes of paragraph (1)(e), the term "waste water" shall be construed in accordance with the footnote to point 5 of the Annex to Commission Decision 2004/217/EC adopting a list of materials whose circulation or use for animal nutrition purposes is prohibited[8].".

    (4) In Part IX of Schedule 3 (European Community Regulations by which additives are controlled) after the reference to Commission Regulation (EC) No. 490/2004 insert-

" Commission Regulation (EC) No. 879/2004 concerning the provisional authorisation of a new use of an additive already authorised in feeding stuffs (Saccharomyces cerevisiae)[9].
Commission Regulation (EC) No. 880/2004 authorising without time limit the use of beta carotene and canthaxanthin as additives in feeding stuffs belonging to the group of colouring matters including pigments[10].
Commission Regulation (EC) No. 1259/2004 concerning the permanent authorisation of certain additives already authorised in feeding stuffs[11].
Commission Regulation (EC) No. 1288/2004 concerning the permanent authorisation of certain additives and the provisional authorisation of a new use of an additive already authorised in feeding stuffs[12].
Commission Regulation (EC) No. 1332/2004 concerning the permanent authorisation of certain additives in feeding stuffs[13].
Commission Regulation 1333/2004 concerning the permanent authorisation of a certain additive in feeding stuffs[14].
Commission Regulation (EC) No. 1453/2004 concerning the permanent authorisation of certain additives in feeding stuffs[15].
Commission Regulation (EC) No. 1465/2004 concerning the permanent authorisation of an additive in feeding stuffs[16].".

    (5) In Part I (Feeding stuffs) of Schedule 7 (Prescribed limits for undesirable substances) for the entries in columns 1 to 3 relating to arsenic, fluorine, lead, aflatoxin B1 free gossypol and endosulphan, substitute the respective entries for these substances set out in columns 1 to 3 of the Schedule to these Regulations.


RHONA BRANKIN
Authorised to sign on behalf of the Scottish Ministers

St Andrew's House, Edinburgh
27th October 2004

[2] 1972 c.68; section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown by section 2(2), in so far as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[3] S.S.I. 2000/453 as amended by S.S.I. 2001/334, 2002/285, 2003/101, 312 and 474 and 2004/208.back

[4] O.J. No. L 123, 24.4.98, p.1.back

[5] O.J. No. L 135, 30.5.91, p.40, as amended by Commission Directive 98/15/EC, O.J. No. L 67, 7.3.98, p.29 as corrected by corrigendum, O.J. No. L 139, 2.6.99, p.34.back

[6] O.J. No. L 273, 10.10.02, p.1.back

[7] O.J. No. L 194, 25.7.75, p.39, as last amended by Regulation (EC) 1882/2003, O.J. No. L 284, 31.10.03, p.1.back

[8] O.J. No. L67, 5.3.04, p.31.back

[9] O.J. No. L 162, 30.4.04, p.65.back

[10] O.J. No. L 162, 30.4.2004, p.68.back

[11] O.J. No. L 239, 9.7.2004, p.8.back

[12] O.J. No. L 243, 15.7.2004, p.10.back

[13] O.J. No. L 247, 21.7.2004, p.8.back

[14] O.J. No. L 247, 21.7.2004, p.11.back

[15] O.J. No. L 269, 17.8.2004, p.3.back

[16] O.J. No. L 270, 18.8.2004, p.11.back

  © Crown copyright 2004