PART 7Amendments and modifications of the Agriculture Act 1970

Amendments and modifications of the Agriculture Act 197014

1

The Act is amended or modified, as the case may be, in accordance with paragraphs (2) to (9).

2

In section 66 (interpretation of Part IV) —

a

in subsection (1), after the definition of Regulation (EC) No 178/2002 insert the following definitions —

b

for subsection (2) substitute the following —

2

For the purposes of this Part of this Act material shall be treated as sold for use as a fertiliser or feeding stuff whether it is sold to be so used by itself or as an ingredient in something which is to be so used.

3

In section 68 (duty of seller to give statutory statement) —

a

after subsection (5) insert the following subsection —

5A

Nothing in subsections (1) to (5) applies to anyone to whom the requirements of Article 16 of Regulation (EC) No 1831/2003 (labelling and packaging of feed additives and premixtures) or of Chapter 4 of Regulation (EC) No 767/2009 (labelling, presentation and packaging) apply.

b

after subsection (6) add the following subsection —

7

Failure to comply with the labelling requirements of Article 16 of Regulation (EC) No 1831/2003 or of Chapter 4 of Regulation (EC) No 767/2009 shall not invalidate a contract of sale, but such labelling shall, regardless of any contract or notice to the contrary, have effect as a warranty by the person who gives it that the particulars contained in it are correct.

4

In section 69 (marking of material prepared for sale), in subsection (1) omit the words “or feeding stuff”.

5

In section 70 (use of names or expressions with prescribed meanings) —

a

subsection (1)(a) in so far as it applies in relation to feeding stuffs shall apply as if the expression “under Regulation (EC) No 767/2009” were substituted for the expression “by regulations made for the purposes of this section”; and

b

after subsection (5) add the following subsection —

6

Nothing in subsections (2) to (4) of this section shall apply to anyone to whom the labelling requirements of Regulation (EC) No 767/2009 apply.

6

In section 71 (particulars to be given of certain attributes if claimed to be present) —

a

subsection (4) in so far as it applies in relation to feeding stuffs shall apply as if —

i

the expression “the requirements of Article 13 of Regulation (EC) No 767/2009” were substituted for the expression “subsection (1) of this section”; and

ii

“that Article” were substituted for “that subsection”;

b

after subsection (5) add the following subsection —

6

Nothing in subsections (1) to (3) of this section shall apply to anyone to whom Article 13 (claims) of Regulation (EC) No 767/2009 applies.

7

Sections 73 and 73A shall cease to have effect.

8

In section 74 (limits of variation) after subsection (2) add the following subsection —

3

Nothing in subsection (2) shall apply to anyone to whom Article 11.5 and Annex IV (permitted tolerances) of Regulation (EC) No 767/2009 applies.

9

In section 74A, subsection (3) shall not apply to regulations concerning feed.